Loading...
HomeMy WebLinkAbout118-95 RESOLUTIONRESOLUTION NO. 118-95 A RESOLUTION TO ACCEPT FEDERAL GRANT OFFER AIP #3-05-0020-20 IN THE AMOUNT OF $613,673 1W1TH A BALANCE OF $127,849 TO BE ADDED BY AMENDMENT AFTER FAA'S FISCAL YEAR, OCTOBER 1, 19951 FOR SAFETY AREA DRAINAGE AND GRADING, AND LAND/EASEMENT ACQUISITION PROJECT FOR DRAKE FIELD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby accepts Federal Grant AIP #3-05-0020-20, in the amount of $613 673 with a balance of $127,849 to be added by amendment after FAA's fiscal year, October 1, 19951 for safety area drainage and grading, and land/easement acquisition project for Drake Field A copy of the grant is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of September , 1995. ATTEST: By: Traci Paul, City Clerk APPROVED: i Lt2#t-Le-.. red Hanna, Mayor • U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART I -OFFER Date of Offer: September 5. 1995 Project No. 3-05-0020-20-95 Airport: Drake Field Contract No. DOT FA 95 SW -8037 TO: City of Fayetteville. Arkansas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated August 31, 1995, 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. Improve Runway Area; Acquire Land (Parcels 83, 84. & 104 as shown on the property map Exhibit "A", fee simple title or other property interest satisfactory to the Administrator) For Part 77 Surfaces; provide relocation assistance all as more particularly described in the property map and plans and specifications incorporated in the said Application for Federal Assistance. WHEREAS, this project will not be completed during Fiscal Year 1995 and the total estimated cost of completion will be approximately $823,913. of which the Federal share is $741,522. FAA Fenn 5.00-37 (10-80} Deselapme•rt or Noise Program Page 1 of 5 Pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Ttt,e 49, United States Code, herein called "Title 49 U.S.C.," 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 BEILALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay. as the United States share of the allowable costs incurred in accomplishing the Project, 90 (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 $613,673. 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 Title 49 U.S.C. 3. Payment of the United States share of the allowable project costs will be made pursuant :o and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will he 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 :he terms hereof. and such regulations and procedures as the Secretary sha.: prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1995. or such subsequent date as may he prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefu::y, or in violation of Federal antitrust statutes, or misused in any other manner in any protect 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 ether 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 judgment, to the Secretary. It shall furnish to the Secretary, upon request. all documents and records pertaining to the determinaton of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such `.Inds. 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 w:ll 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 :n every contract a provision irnplernenting this special condition. :0. The property map referred to on Page I of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application for Federal Assistance attached hereto A 4 ` um- 5100-11 ! 10-85) DeA elrpmen: c tin: -c PrI.giam Page 2 of 5 Pages 11. 1t 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 overrun 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. 12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only as ar.d 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. 13. The Sponsor agrees to perform the following, :f this p:o,ect contains more Than $250,000 of paving: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including. but not limited to, all quality cor.trol provisions and tests required by the Federal specifications. The program shall inc:ude as a minimum: 1. I'he name of the person representing the sponsor who has overall responsibility for contract administration t'or the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation. referenced in the contract specifications (I) 3666, C' 1077) 4 Quahfications of engineering supervision and construction inspection personnel. 5 A listing of all tests required by the contract specifications, including the type and frequency of tests to he taken, the method of sampling, the applicable test standard, and the acceptance criteria of tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program. that they are documented daily. that the proper correctis a actions, where necessary, are undertaken. b. Submit at completion of the project. a final test and quality contro! report documenting the results of all tests performed, highlighting those tests that faded or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph 2, or faiiure to perform such tests. shall. absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not perfonned or not documented and will be commensurate in ith the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. :4. The plans and specifications referred to on Page 1 of this Grant .Agreement are the plans and specifications identified as Sponsor contract Runway 16 Safety Area Grading & Drainage Improvements. FAA Form 5100-?' t10-89):.)eN elcament C. Noise Program Page 3 of 5 Pages 15. The maximum obligation for the current fisca: year stated :n Condition 1 o1' this agreement may be increased by the additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United State's share of the total estimated cost of completion, except as provided in section 47i 08(b) of Title 49 U.S.C. Under section 47108(a) of Title 49 U.S.0 and at the sponsor's request. the FAA commits the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or Dar: of the funds apportioned to the sponsor for FY(s) FY -96 ur.der section 47114(c)(1)(A) of Title 49 U.S.0 , subject to the restriction on the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other statute or regulation. It is further understood by the parties that this commitment does not in itself ob:tgate, preclude. or restrict the FAA in the use of any funds made ava.lable for discretionary use under sections 47114, 47115 and 47116 of Title 49 U S.0 to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The exact amount of this commitment will be established for each fscal year by the FAA in a letter to the sponsor stating the current maximum obligation for this project. This letter w ill be issued .o the sponsor by FAA when such computation and obligation can be made in FY(s) FY -96. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into. and part of, this agreement. 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 Title 49 U.S.C., 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 Donald C. Harris, Acting Manager Arkansas/Louisiana Airport Development Office 1 AA 101m 5 OO -fl r I U -84t Jen drpmen: c- Nor.c I'mgimr. Page 4 of 5 Pages PART 11- 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 docs hereby accept this Offer and h) such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this /9 fA day of ScpfemAer (SEAL) Attest: Title: Ci/y (/erk City of Fayetteville, Arkansas IN ante of ' nsor) By: -4 i1 121r Nra t ors Designated Ofllc:a: Represen:alae) Title: Ma /Or CERTIFICATE OF SPONSOR'S ATTORNEY h-- i 4 Ga y/e /kJ r Car / y , 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 f5rkehs45 . 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 Title 49 U.S.C. 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 terns thereof. Dated at Fa y e,HPu, //e, this /gf/ day of ,SCP/ -e neer , 19 9,f- /f (Sigc 0. Sponsor rne)1 PAA Fenn 5100-?' (10-89) De etopnerl 03 Neise Raglan. Page 5 of 5 Pages APPLICATION FOR FEDERAL ASSISTANCE t TIME OF SD1.11al1Dft A004Cabpn { ComtrKuom G Non Cmaatv.a, OMB Approval Ho. 03AE-0043 2.a.TS $OwITMO 8/31/95 Aponcant bertdar FY952108 Pscof capon ❑ CanaNrcton C Mort-Conamrt+.m t DAT[ Ricfvm of at*Tt Drat. Apdulo, Id.nfd..r A DATE REC:1MD IV FTDEAAL AGOJf-y t AP.I.C.f err IN9ORA4T10N Federal Identifier AI? r+3-05-0020-20 lard Narver. City of Fayetteville O'panuarpnal tins, City of Fayetteville ADdren (Or.e ory. cou.ry. nes. are by cod., Airport Department 4500 S. School, Suite F Fayetteville, AR 72701 Nam. Ind Worm* number of rt+o prim le b. c ra-Ia l 01 m4tWl nava Nu nova inn (Dn. am. mewl 'V no Nr. dale Frederick Airport Manager (50])521-4750 t ENOLOYEA IINENTITICATIC11 N011SEI11fINr 7 1 16101118141621 S. TY.t Of APPUCATlOft fl Ns. G Camtmuarnn C R.r,.ior. R.Ymorl WAIT IIg7cp11a4 Nt1(1/ In ba.(M. 0 ❑ A Annan Award a Decrease Award C. haw. Duration D. Dvaaa Duston Omar (ap.ah)' T. TIME Of APP CANT: A Stat. El Courtly D. To.mdup E nt.rrara F. MM♦mttn.opal 0. Spam& Mann Wier ap000,.N/an r n too) H fn bore., .f Decal Dui 1 Slot. C itroA.d fruotutct d bearer L..n'wnC 1. Prints Ur.rwary K Main Tri. L MmAd R Profen Openuatnn N. Derr (Spacdyl. U IL PAIN OP PED04L A401CY; DOT, Federal Aviation Admin., Ft Worth, Tx 1a CATAL00 OF FCDaRAL oosianc AnIaTANCE Haran 1TILE Airport 2 0 .1 0 6 Improvement Program It ARCM AFPICTTO M MlO-ItCt (abet coumMt a4tat at .t Washington and Benton Counties 11. ocscairwt TTU 0* ANLJUMl P*O.'ECT. Runway 16 Safety Area Grading and Drainage Improvments and Land and Easement Acquisition for FAR Part 77 obstruction. Clearance 1L PROPOSED PROJECT; 14 CONORDILLIONAL DISTRICT 0F. Sian On 10/1/95 Ending Dao 3/1/96 a App4Cimt Third t Prgact Third It ESTINSTTO I UIW NO: a. Federal 741,522 sD i 41,196 '00 c Stn i 41,195 ID •OIM. 11.0. AM -CATION Walt= TO nVT!W AY sTATE OWJTIYn OROO 12171 Pe a. TES THIS PREAPO .CATIOWAPPLICATIQN WAS RADE AVM -ABLE TO THE STATE E](ECUnvE ORDER 12372 PROCESS FDA AEIPEW ON DATE 1/30/95 e No. ❑ PROGRAM is NOT Covens BY EO 12372 0 OR PROGRAM HAS *CT BEEN SE.ECTED BY STATE FOR REVIEW Ploprm Iron 1 o0 e TOTAL 7 823,913 AO 17. Al TIC APPLICANT DC JN000R aR AMI' PW OOLL COTT 0 VIA • E 'Yn.° stud. r eciani m. tt To TILE tut OF err 010.W.g. AND ULM . ALL DATA IN Tllta APPLICA110•ININIAPPLICATION AM TMH YID CONNECT. THE DOCYNOR NAS SON CR/LT AVT1•d1I® IT TIM oOTEIDI N0 sOOT of THE APPLJC.AMT AMD THE APPLCsxT EMIL 00•1111.111,1111 THE ATTAO1W AU IJRYCCtl ■ 1M ASO4TANCE t! AWAPOED a T/Dad Name al Autnlnd Rwvaaernatna Fred Hanna Tam Mayor Authorized for Local Reproduction C. Tal.VHre manta. (501)575-8330 • Otte Sona �3/- S (a,.aara nl 424 , AT ! rill P•aaaabed q DMB arch A-102 DEPARTMENT OF TRANSPORTAT'ON - FF Of RAI- AVIAT ICN ADM:NISTRAT:ON Item I. Does 11.1s css s'anre request Irqu„r S'aie, Inrr.1 rcgiocc:, o, other u -rosily rot nq” PART 11 "ROJLC APPR(J'vAl- INFGRMATION SFCT:3N A .74 De• •i. n.v e'„l ; I ••< 1 r. 'u e acct advise), °du(alwnal Of .1oo1' •o•r.,._es _ es Name of Governing Body — — _ _ Priority Rating — — IJa, r cr Aeency or Hoard_ Yrs _ X t,u (AI rich IDorcmrarct.on) Item 3 Does this <155i SitIlleC ieqo5t rrqune r Irm n,alus^ r ICw 111 O(r^ r v% I ill DAB uc ul•v 4-' i5 s Item 4. DoesItus ass islance request regcnve Sicle,. Icccl, regional cr other planning approval. N (Attach comments/ • o..a NO 6Q u..,n. Name of Approving Agency_ Date Yes No Item 5. Is the prcposed project covered by on approved comprehensive plan? Yes h _Nc Item 6. Wall the assistance requested serve o Federal installation? Yes Item J. Will the assistance requested be on Federal load or installation? c5_ Check ane, State Local Regions: Locution cf plan __ r L Nome of Federal Installation _ No Federal Population benefiting from Project Nome of Federal Installation_ Location of Federal Land X No Pe -rent of Project Item 8. Voll the ossastance requested have on Impact Cr diet I o- the environment% _ Yes. S No Item 9. WiII the assistance requested cause the displacement al rndividca:s families, businesses, or farms? Item Ip. Is 'Here otl;er related Federol assistance on this project previous, pending, cr ontrcipated' x =Y FAA Faun 5101 inn _Yes - No X No See instruction for oddifionol informa'io-, to be provided. Number of, Individual s Families 13usines ses f arms 3 See insl-uctrons for additional Information to be provided. _. EMEI DEPARTNC?,T Of TRANSPORTATrON — FCOERAL AVIATION AOu•NISTRATION 0M1 NO. 04440209 PART II - SECTION C (SECTION B OMITTED) 1 'le 'po-ser hereby rep:cents and caul:es as fellows: 1. C'n tsa;c.le Lard Use. -1 hr Sponsor has taken the following actions to assure compatible u<age of land adjacent to or IN the vrcmlty of the airport: the Sponsct has adopted Drake Field Ctdinance 261:7 which regulates and restricts -r11 land use activities in the vicinity of Drake Field. This ordinance wag al!opt ed January 20, 1980 and as amended. ^. Defaults-- The Sponsor is not in default on an obligation to the United States or anv aecnev of tl:e Gnited States Geverr.- rre-,t «'4).1‘e to the dcvrIcpmer.t, operation, cr maintenance of any airport. except as stated herewith: 3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases. use act -cements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceeding<) which in reasonable probability might make it impossible for the Sponsor to care- out and complete the Project or carr- out the provisions of Part V of this Application, either 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 used as part of or in connection with the .Airport, subject to the following exceptions. encumbrances, and adverse intcrr>ts. all of w hien areas are identified on the aforementioned property map desi sated 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 13 were approved under previous prcjects. Status has not changed since approval. Land and easements to be acquired under AIP 3-0070-05-11 & 15 include easements, Tracts C, D. F, J. G; and K; Fee Simple Tract D, E, and 11. 'State character of property interest to each area and list and identify for each all exceptions, Incumbrances, and adverse mte-err r o/ every kind end nature, including liens, easements, leases, err. The separate areas of land need only be identified here by the arca numbers shown on the property map. FAA Form 5100-100(4-n) Page 3a Df PARTMIb - Or 1 RANSPOR 7 AlION — FEDERAL Avg.710N ADMINISTRATION PART 11 - SLCTIO\ C (Continued) OMB NO 04-P0209 1 lir `11u•In-1 In rtli.r guru fir. 4a'Jinu aun.4 i La ed 00 a title e aminal 1111 6% a qualfb-i anorncr or (IIIr com aus and (liar alfnr I al IL. -inn -. •r ;InL 1 aL.nr propelll u11rm:1. p (1; 1 h. • in 1,111 .nq.un I. 11 •u a rra.Iival1. 'rue Lu: in am melt prior In the .tart of a'' ron-Inn-111111 arra, mid. • rl1• .•ll. /rwIL1. 1 1r• il,ill. 1.1!I• lir..I.. 1. int. -,,--I in Inc frit.... um 414 e, 01 laud" ou a1u111 -urL r�n1:.Irurll•su a,.r l.. 1 r.1. x1.11• mn'i mr^ Ir��I.rrII clap dr--l.l.d 1 ul.ii "�.. 1.1 L. I.•r'.�na. .? Nene (I) 110- Cpun-nr ' 11 any urn ..I tion a rra-n uahlr lime. and if feasible prior to the corn the Project. the 1011 0,6.111g prupertl inter, -'t iB the foil ow inu as car of land- which are to connection %1tb the Airport a> 11 I. ill 1.e upon completion of the Prolelt. all of which area proper( map de>ignaled a. C\h101 - -• None • 1!et loo of all construclion aork uudcr If del eloped or used as part of or in are identified on the aforementioned 5. Exclucive Hight -._7 here I. no grant of an excIusiNe right for the conduct of am aeronautical activitt at am airport ow neil or controlled by the L•ponsor except a, follow' None ".State character of proper(.' Interest in each area and of ever) kind and nature. including Hens, easements. area numbers shown on the property map. FAA Form 5100-100 (4-761 list and tden(Ift for each all exceptions, encumbrances, and adverse interest leases, etc. The separate areas of land need on!) be identified here bI the Page 36 DEPARTMENT OF TRANSPORTATION- FEDF RAI. AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION' SECTION A - GENERAL 1. Fede -al Domestic Assistance Catalog No 2. Fu -n tiona l cr Other Breakctr 20.106 CMO NO. 80 ' 4'%64 A:P SECTION B - CALCULATION OF FEDERAL GRANT Cost C loess toot ice 1. Adm nistrat or, expense 2. liAmica Appraisal CcFt 3. Landistracicres. right-of-way 4. Architectural engineering basic fees 5. Other archdec:ural eigiree' ng lees 6 Project inspection lees Testing 7. Land development Surveys and Abstracts 8. Relocation Expenses Use only roe revisions Latest App•ovea Amount Advesrmem 4 or {-) s Total Amount Required S 14,470 4,400 80,800 36,530 9. Relocation payments to tndiv.duals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 5,000 44,500 6,300 14. Total (Lines] Through :3) 15. Estimated Income (if app 'cable) 16. Net Project Amount (Line 14 ulnas 15) 17. Less: Ineligible Exclusions mEmEd ?,500 34,000 62,000 543,413 823,913 18. Add: Contingencies 19. Total Project Amt. (Excludhng Rehabilitation Grants) 823,913 20. Federal Share requested of Line 19 823,9]3 741,522 21. Add Rehabilitation Grants Requested (100 Percent) 22 Total Federal grant requested (Lines 20 & 21) 23. Grantee snare 24. Other shares 25. Total project (Lines 22, 23 & 24) 741,522 41,196 41_,195 FAA Form 5100-100 (6737 SUPERSECES FAA rORM 5100 -10 PAGES 1 TRRU 7 S 823,913 Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION SECTION C — EXCLUSIONS 26 a b C Iossi'ir of ion d e. 9 ove-.e e Iota s Inel gible for Pari a ipai' o n _f1.1 S s E.r uded iron• Confrngency Pro.,s ion _t7] SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Stare g a. Securities b. Mortgages c. Approar.allcrs (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Exp air} h. TOTAL — Grantee share 28. Othe- Shares a. State b. Other c. Tctal Other Shares 29. TOTAL 41,196 41,196 41,195 41,195 (if State grant is nct approved, Grantee's share will he) S 82,391 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach — See Instructions FAA Form 5100-100 (6-73; SUPERSEDES PAA FORM 5100-10 PAGES 1 THRU 7 Page 5 PART IV PROGRAM NARRATIVE STATEMENT PROPOSED IMPROVEMENTS TO DRAKE FIELD FAYETTEVILLE, ARKANSAS The proposed improvements are located at Drake Field, Fayetteville Municipal Airport, Fayetteville, Arkansas. The objective of these improvements is to provide extended Runway Safety Area, and acquire property easements for obstruction removal from Part 77 Surfaces. 1. The extended Safety Area for Runway 16 is short and has a Waiver of Standards. This project will culvert the ditch which traverses the Safety Area and will also grade the Safety Area to Longitudinal and Transverse Slope criteria. This improvement will improve the safety of an aircraft overrun into the Safety Area. 2 The Land and Easement Acquisition is to complete two fee simple and one easement acquisition within the Part 77 Surfaces. O < < b] 3 Fu] zc.:E- a O :_ E- LL' p. N _ Lr Inst • r] • O . :n E- 7 J a W N v O It) u, 0) CC -.3 w H .▪ . ti 0 U` •L a • In 0 H is p • V C ti < V) y. C G C:] LL U: 1- 1-r l:] (J Z • 1- (/) (n O w .- c Z z L p •5'501 >. w < z O 7 N z O H F 7. 7 N F W Sw F(.] H O (n • • '-1 XI'ilstl M,JVii 1I:r 1 1 1 -77:4 244 >, 4 4 4-- 9 -- 9 r i 1 i(� x"111 ,r •rin 7 I)4V ZO'c 600.0' 9S:17T S6'SC daS S2LT-IS-TOS:131 • 1210d8Iy 311It`3±11AbJ • • • 'I !Na )NI ')IYI) N3JYH 4 RI r• '1 .o-.til�,;. ;i)► gel .L y • I�1� �r .11 a 1 • • t. • 1 CfJ 1/C 2/Y17/I)1NN 1 4 j • • £0'd 60C'°N 6S:11T S6'SO daS S£1:-TZS-:CS ;31 .1A0d?JId 311I(131L3Aldd • / • r r 1 1 1 rce c 3/4 • C ' , NM- w :1 it .: W r 1 p� t 1 - - 9 ni Sit y �i +nERp,T�,i a� !io I • TTII .2/ 1 1 r 1 1 000' PRIMAP• SUREACE J 1 r 1E nn • IrJ•1 LII JI1I•u 1' .0! M•Ob.A• 1142 3' r� I1a1 �c IS 11 1 1 F r a t // /7/ ) LEG END *1- Wel XX Winter lige XX an Mgr AMGLAr LIPS LINA lige XV? a Ili VW! 'WPM Ar MIX /)7NIN AAnmrro bur11041• L' list[ CYI • • YM • V. n 401./E0.. ?At SURFACE %EY .1751 fT— f KAxN ru.(• e • Ib ) WI E W Illy n nig .. PX (.11 1111 r `l OW *al 1.1/407•01f Atm.0 \L.,- lint HORIEOhTA1 SVREACE ELEV.. :NAHSr,ONAL SURQCE 7 1 STORE stn 777E r6• rrv. lrm nn 4 uIn114m n • (wvwm x l(' 1. -LIP) PART V ASSURANCES Airport Sponsors A. GeneraL ] These assurances shall be complied with in the performance of grar.t agreements for airport development, airport planting and noise compatibility program grants for airport sponsors. 2 These assurances are required to be submitted as part of the proje d application by sponsors requesting funds under the provisions of Title 49, U.S.C., Subtitle VII, as amended. As used herein, the tam public agency sponsor" means a public agency with control of a publ.o-use airport, the term "private sponsor mean a private owner of public -use airport, and the lam "sponsor" includes both public agency sponsors and private sporsors. 3. Upon acceptance of the gent offer by the sponsor, these assurances are incorporated in and become pan of the grant agreement B. Duration and Applicability. 1. Airport Development or .Noise Compatibihly Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grand shall remam 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 (2C) years from the date of aeceptanx of a grant offer of Federal funds for the project However, there shall be no limit on the daration of the assurance against exclusive netts or the terms, cord.tons and assurances with twos -et to real property a quired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a pnvate sponsor except that One useful life of project items installed within a facility or the useful !ire of the facilities developed or equipment acquired under an airport deve;opment or nose a mpatibtiy program project shall be no les than ten (10) years Som the date of acceptance of Federal aid or the project 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assaranon 1, 2, 3, 5, 6, 13. 18, 30, 32, 33, and 34 in Section C apply to planning projects The tams, condition, and assurances of the grant agreement shall remain in fug force and effect dung the lure of the project C. Sponsor Certification The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, accepata and use of Federal funds for this project including but not limited to the following Federal legislation a Title 49, U.S.C., subtitle VII, as amended b Davis-Haoon Act - 4C U.S.C. 276(a) et sect 1 c. Federal Fair Labor Standards Ad - 29 U S C 201 et seal d. Hatch Act - 5 U.S.C. 1501 et sect 2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Ad of 1970 - 42 U.S.C. 4601 el set{ 1 2 f. National historic Preservation Act of 1966 • Section 106 - 16 V.S.C. 470(0 1 g. Archeological and Histone Preservation Act of 1974 - 16 U.S C. 469 trough 469c.1 h Food Disaster Protection Ad of 1973 - Section 102(a) - 42 U.S.0 40I2a 1 i. Rehabilitation Act of 1973 -29 U.S.C. 794. j Civil Rights Act of 1964 - Title VI - 42 U S.C. 2000d through d-4. k. Age Discrimination Ad of 1975 - 42 US C 6161 et seq. L ! Architectural Has Act of 1968 -42 U.S.C. 4151 et sec. m Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 rt Contract Work Horses and Safety Standards Ad - 40 US.0 327 et sec 1 o. Copeland Anbkickback Act - 18 U.S.C. 874.1 p- National Environmental policy Act of 1969 - 42 U S.C. 4321, et seal q. Endangered Spaces Act - 16 U.S.0 668(a). et seq 1 r. Single Audit Act of 1984 -31 U.S.C. 7501 et seq.2 s. thug -Free Workplace Ad of 1988 - 4! U.S.C. 702 through 706. Executive Orden Executive Order 12372 - Idergoveranhental Renew of Federal Programs. Executive Order 11246 - Equal Employment Opportunity, Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constudiont Airport Assurances (1-95) Page 1 of 8 ASW -PP -A -I Federal Regulations a 49 CFR Part 18 - b 49 CFR Part 21 - of 1964. c. 49 CFR Part 23 - d. 49 CFR Part 24 - e 49 CFR Part 27 - L 49CFR Part 29- g. 49 CFR Part 33 - h. 29 CFR Pan 1 • 29 CFR Part L'ntcd States 1 Uniform administrative requirements for grants and cooperative agreements to state and local governments 3 - Nondiscrimination in federally -assisted programs of the Department of Transportation. • effectuation of Title VI of the Civil Rights Act Participation by minority business enterprise in Department of Transportation progams. Uniform relocation assistance and real pr ulnaty acquisition for Federal and federally assisted programs 1 2 Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. t Govarmert-wide debarment and suspension (non -procurement) and Goverment -wide requirements for drug-free workplace (grants). Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors Procedures for predetermination of wage rales 1 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to nonconstruction contacts subject to the Contract Work Hours and Safety Standards Act) 1 k 41 CFR Parc 60 - Office of Federal Contract Compliance Programs, Equal Fmplcyrnent Opportunity, Department of Labor (Federal and federally assisted contracting requirements),I 1. 14 CFR Part 150 - Airport noise compatbilnty planning m. 49 CFR Pan 41 - Seismic safety of Federal and federally assisted or regulated new building construction 1 r. 49 CFR Part 20 - New restrictions or. lobbying Office of Management and Bud get Circulars a A-87 - Cost Principles Applicable to Grants and Contracts with Stale and Local Governments. b A -I28 - Audits of State and Local Governments. 1 These laws do not apply to airport planning sponsors 2 These laws do not apply to private sponsors 3 49 CFR Pan 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving uederal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors recenvrg Federal assistance under 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, raga;ations or circulars 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 gran, and to finance and carry out the proposed project; that a resolution, motion or similar actior. 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 identif ed as the official representative of the applicant to act in connection with the application, and to provide such add'i'tion: information as may be required h. Private Sponsor. It has lege: authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein, to act in connection with this application; and to provide such additional information as may be required 3. Sponsor Ftmd Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States It has sufficient funds available to assure operation and maintenance of items fronded under the grant agreement which it will own or 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 Secretar} that good title will be acquired b. For noise compatibility program projects to be carried out on the property of the sponsor, i holds good title satisfactory to the Secretary to that portion of the pwetty upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained 5. Preserving Rights and Powers. a. It 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 without the written approval of the Secretary, and will act promptly to aajuire, extinguish or modify any outstanding nghts or claims of right of others which would ir.terfere with such performance by the sponsor. This shall be done hi a manner acceptable 10 the Secretary. Airport Assurances (1-95) Page.2 of 8 ASW -PP -A-1 b. It will not sell, lease, encumber, or otherwise transferor dispose of any part of its title or other interests in the property shown on Exhibit Ato this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Seerctary. If the transferee is found by the Scactary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agrarnent and to have the power, authority, and financial resources to cavy out all such obligations, the sponsor shall insert in the contract or doaunent transferring or disposing of the sponsor's interest and make binding upon the transferee all of the tams, condition, and assurances contained in this grant agreement c For all noise compatibility program proects width are to be caned out by another unit of local government or are on p oputy owned by a unit of local goverment other than the sponsor, it will an= into an agreement with that government Except as otbawisc specified by the Secretary, that agreement shall obligate that government to the same terns, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a gam to undertake the noise compatibility program project That agreement and changes thereto must be ratidactory to the Secretary. It wO: take steps!o enforce this agreement against the local goverment if there is substantia: non-compliance will the terms of the agreement d. For noise compatibility program projects to be carried out on pivately owned property, it will enter info an agreement with the owner of that property which includes provisions specified by the Secretary. 11 will take steps lo enforce this agreement against the p uyaly owner whenever there is substantial noncompliance with the teras 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 thc duration of these assurances. f If an arrangement is made for management and operation, of thc airport by any agency or person other than the sponsor or an employee of the sponsor, the spor.sor will reserve sufficient rights and authority to insure that the airport wi!l be operated 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 insure that such arrangement also requires compliance therew.th 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authonzed by the State in which the project is located tc plan for the development of the area surround.ng the airport For noise compatibility program projects, other than land acquisition to be carried out on property not owned by the airport and aver which property another agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably corsistert with the agency's plans regarding the property. 7. Consideration of Local Interest It has given fair consideration to me interest of communities in or near where the project may be located S. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension it has anorded 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 goats 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 las on its management board tither voting representation from the commmnnies where the project is located or has advised the communities that they have the right to petition the Secretary concerting a proposed project 10. Mr and Water Quality Standards in projects involving airport location, a major muway 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 slat -thuds. In any case inhere such standards have not been approved and what applicable air and water quality standards have beat promulgated by the Administrator cfthe Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of kation or refusal tc certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maineance-management program and h assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport It will provide suth reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects winch include terminal development al a public airport, it has. on the dare of submittal of the project grant application, at the safety equipment required for arlification 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 enplar.ing and deplaning from aircraR other than air carrier airman. 13. Accounting System, Audit, and Recordkeeping Requirements a It shall keep all project =courts 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 connection with which the grant is given or used, and the amount or 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 :hal will facilitate an effective audit in accordance with the Single Audit Act of 1984. Airport Assurances (I-95) Page 3 of 8 ASW -PP -A-1