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HomeMy WebLinkAbout120-00 RESOLUTION• RESOLUTION NO. ] 20-00 MICROFILMED A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $243,473, PLUS A PROJECT CONTINGENCY AMOUNT OF $36,520, TO HARRISON DAVIS CONSTRUCTION COMPANY FOR THE "ERNEST LANCASTER DRIVE EXTENSION" PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT A GRANT UPON FAA'S APPROVAL AND TO EXECUTE SAID GRANT UPON RECEIPT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby awards a construction contract in the amount of $243,473, plus a 15% project contingency amount of $36,520, to Harrison Davis Construction Company for the "Emest Lancaster Drive Extension" project; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract and bid tabulation is attached hereto marked Exhibit "A" and "B" and made a part hereof. Section 2. That the City Council hereby authorizes the Mayor and City Clerk to accept a grant upon FAA's approval and to execute said grant upon receipt for this project. A copy of the grant is attached hereto marked Exhibit "C" and made a part hereof. 3Ai$ I? AND APPROVED this 51° day of September , 2000. %% APPROVED• i.•..- ATTEST: By: ( eather Woodruff, City FL Hanna, Mayor NAME OF FILE: CROSS REFERENCE: /2D-Dc9 0 Date Contents of File Initials '7500 e� /yea- o 1-S-0 £XNiazr .X" (,, D d) 5-2/06 e)(4.18Z7l :: s s. ))67,04la .i/', A .a Jt/n" ( l -eo K %i'DO R42-00 Yfro . //�i�Jff��j/// Di.�2rea E.PyEs //�J�� Sa Ob%Oirno al- / • EXHIBIT A Exp SECTION 00500 e0A CONTRACT THIS AGREEMENT, made and entered into on the 5 day of ‘rtiowneute.t, 2000,by and between Harrison Davis Construction, Co. Inc. herein called the Contractor, and the City of Fayetteville, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Ernest Lancaster Drive Extension, dated April, 2000, including: Advertisements for Bids; Addenda; Instructions to Bidders; General Provisions; Special Provisions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. Sheets 1 through 10 2 That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder in 150 calendar days. 3 That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: Two Hundred Forty -Three Thousand, Four Hundred and Seventy -Three Dollars and No Cents. ($243,473.00) 4 That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Provisions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. FY992164 Drake Field Lancaster Drive Extension Section 00500 - 1 • 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. 6. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Provisions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 2 for Completion. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, material, men, and suppliers in the performance of this contract, as defined in (a) below. (a) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. FY992164 Drake Field Lancaster Drive Extension Section 00500 - 2 • • 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. This Contract shall be binding upon the heirs, representatives, successors, or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in four (4) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WITNESSES: ATTEST: ecre ary4�� Ap roved as o orm: C.. Att me for Owner Harrison Davis Construction Co., ma 3E� Title Inc: City Of Fayetteville Owner By Mayor Title FY992164 Drake Field Lancaster Drive Extension Section 00500 - 3 L 'm F c i 1 Unit Price Extended' $88S$8$$$8$88888m888x8.88888 U N N {� N O N N N N mVVV < MMMM O N 0 p O N N l09 f O O N ft w S M i N S h 1� N » g N I� 535.420.00 8888 < ;15 Y 0 N (p C 'n .nkro.— »24-9•2»2»2»3422 -t00 524.00 $§0W58$$$gN w 4i w w w 8, n 43g O € E N 1 Unit Price Extended I 54,82.5.00_ I 8 5NflN4"»$1» 524576.00 1 $2$$$$$22$$ S88880p4 8888888888 51.468.32 5500.00 8188888« 5l"8"Wh » " nN w $29:,605.50 f 524.000.00 0 T O 88. pS M N .524876.00 88 N m8 N m8S8S N " N N N 8 "» N 1$19.40 x8 a 51,400.00 ^S8888v'im�§ N " N $� N N " N N 8 N 4 F L Unit Price Extended 53,975.00 ym8�8 N "4"12'269 N N pp8�pp88888 O� M < m M M N N 1"Y N O N 52520.00 I 8888 RI? N 0 6 N 51,428_00 pp 888888 m N n 0 M V OA N" n 51.875.00 88888 I� < K 8 N 234.630.00 1 288 E“ Id'1 M p n M p O n n M CI b N w 888 KNNNM»NHMN5M»Wa2M 8 h 8 ^ 8 _Nn0QNIf0m2'ry,..i 8 88 15255.00 1 C M432N222 <, 06 8 IS eetser Construction Unit Price Extended 8 » 00'009'95 I m. w $11.200.00 $43.200.00 $$$$$$$$$$$$88.8$88.888.8.8g g8igl8Sgo8SipQ88 Ni NNN MYNyMMb-a 8 8 8, 88 8 533.615.00 8 4 wN „ N r N §.§.§8800212$"08§8W" » 888 8 8 0 gp 8 N N 521.184.00 I i8$$$88 221»31» pp 8 80 D p 80 O pp 0 O p m8 n p O8 8 31,000.00 y8 "a 8 1'1 5300.00 p yp8 W "a„» p S8 N p 8 0, p 8 $1.388.00 $500.00 p 88 N »"»»»2200' p 8 N p p8 8 p p8 8 p p$ 8 pN S$ N pN ��8 I0 pN In N p 8 N ,906.75 EXHIBIT B NOTICE OF SELECTION TO: Harrison Davis Construction Co., Inc PROJECT DESCRIPTION. Ernest Lancaster Drive Extension The GWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 21, 2000 and Instructions to Bidders. You are hereby notified that your BID of$ 243,473.00 has been selected for consideration by the Fayetteville City Council. You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. Furnish six original copies of each document leaving the Contract and Bonds undated. If you fail to execute said Contract and to furnish said BONDS and certificates within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all this rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF SELECTION to the OWNER Dated this 22nd day of August, 2000. McCLELLAND CONSULTIN ENGINEERS, INC. By Arnold D. Rankins Title Project Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF SELECTION is hereby acknowledged by 11i474,--1-So�/ -tp'tC CAt;F OGT -Te ✓ 000 . 2./C, this the 2Q IVO f day of ir/i/5 Li Bim_ i/i..., Title 7 Syr t- 7 FY992164 Ernest Lancaster Drive Extension , 2000. �1 U.S. Department of Transportation Federal Aviation Administration • • EXHIBIT C GRANT AGREEMENT FOR DEVELOPMENT PROJECT PART I -OFFER Date of Offer: September 14, 2000 Project No. 3-05-0020-28-00 Airport: Fayetteville Municipal (Drake Field) Contract No. DOT FA 00 SW -8018 TO: City of Fayetteville (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 September 8, 2000, for a grant of Federal funds for a project for development of Fayetteville Municipal (Drake Field) (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: Extend Access Road 11� CO 7-710 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 ASW Form 5100-37 (1-99) Page 1 of 5 Pages AX oaf AG -h • • NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 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 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 I . The maximum obligation of the United States payable under this offer shall be 5306,658.00. 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 Title 49 U.S.C. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 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. 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, 2000, or such subsequent date as may be prescribed in writing by the FAA. 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 judgment, 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. 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. 11. 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 overrun not to exceed the statutory fifteen (15%) percent limitation , and will advise FAA Form 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 2 of 5 Pages 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 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, if this project contains more than S250,000 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 control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the sponsor who has overall responsibility for contract administration for 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 (D 3666, C 1077). 4. Qualifications 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 be 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, and that the proper corrective actions, where necessary, are undertaken. b. Submit, at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed 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 b, or failure 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 performed or not documented and will be commensurate with 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 14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as Sponsor Contracts. 15. The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it meets operational standards. The sponsor must provide for continuous operation and maintenance of such, or alternate courses of action. The future Y2K awareness, assessment (including associated testing), renovation, validation, and implementation work related to the project will be the responsibility of the sponsor or its contractor. The Government will not participate in additional costs of Y2K assessment, testing, or repair work for the automated data processing subject to this grant agreement. FAA Form 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 3 of 5 Pages • 96 • 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 ADMINISTR: TION Edward N. Agnew, Manager Arkansas/Oklahoma Airports Deve opm nt Office FAA Fomi 5100-37 (10-89) Development or Noise Program ASW Form 5100-37 (1-99) Page 4 of 5 Pages • r 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 (SEAL) 2 I ST day of StRom-ni gee 20 . City of Fayetteville (Name of Sgonsor) By: (Sg6n'sor's Designated Oft-'ntative) Title: fyi A>I p Attest. Title: A / _0/ el T74eY CERTIFICATE OF SPONSOR'S ATTORNEY 1, Q J( f s ensp7 , acting as Attomey for the Sponsor do hereby certify: /I' ' ' That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of CAIEl4S . 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 terms thereof. Dated at agrallajualAZOrbeitis _lsr day of c>rr erni3 ,20 Q ') . 4 gnature o Sponso 's Attorney) FAA Form 5100-37 (10-89) Development or Noise Program ASW Fonn 5100-37 (1-99) Page 5 of 5 Pages 3 -AP -PLICATION FOR F..EDERAL ASSISTANCE • L WTI WIYtssCM: tC.t,a, a.co.,tt,clo, p rtn-Cm,n.nm Prnoo1 Clnon 0 CMS,/ v001 6_. ,M ..c.�., 1.0+71 !UaMTTZD 8-25-2000 p t ,-Con.,r.<,4n L Curt RtCZIY(D .I narE Apdy� Rid No. 2000-57 Suit AOlcaCo, Yfenm.r 4 Dart R[.[MD lY T(Dt&AL aat)CY SEP 12 2000 Federal bw,tder AIP3-05-0020-2800 •PAt,CL,T W.O.WTIOf L.g.l Nam.. City Of Fayetteville asn.l.Imal uM1 City Of Fayetteville Adgrrd (gee Cory. Minty. flan. And Pp code). 113 W. Mountain Street Fayetteville, Washington County Arkansas, 72701 N.rM and tet.0,u'v num( aro 01 m. parson In to m+,.c..d r nutted rnGnfc mu..pptc.Ion [gr . Area cola) Alett Little, Airport Manager 501-575-8305 t. DnLOYTA iO NTIF1aT10M MW.fR Vt.1: 7 1J - 6 0 1 8 4 , 6 2 1. TYPE OF AIRIICAfO.t 0 Carttittut non ❑ Paition t R..ieaL w,w .pptwpi.ts lsnw(l) n ooal.11: 0 ❑ A. increase A .rd S. OW -Masa A..td D. O.o+aa. Dur.tron Otn.r (wooly): C. kora. Canto, 1. TYPE W APPUC..M: A. Slat. B. Counry C. AAc,iip.l O. To;nwo E. Intartan F. t,tam.nood O So.o.d Cizrct lawns( /OYOpn.w Sr,., in boil N Ytd.p..tdent Scrod Old 1. Stout Controlled Intotyn, or Nqn.. Laming .1. Prods Linn -wiry X. k,di.n Tana L Mivw.l M. Profit Croanloi (ion N. Orn.. (Soddy)' I. NAMA OV MOLAL AOTNCt.. DOT FAA SW Region, Ft. Worth Texas It CAI.LOO o. FED( Put DON t fC ASVSTANCZ MUw.tll 2 0 • 1 l 0 1 TRU Airport Improvement Program IL LIMAS WICTID SY IrROJICt (don. carnet,. stares. incl. Washington County, Arkansas 1P E2t i'It Perimeter Road 1111.1 OP ExtensionCr: Paving, Drainage and Grading Improvements to Drake Field ti MOOCISO nnO.JICT: 11. COno.EluJO.uL DtST11Cn Os: Stat Data 8-30-00 Ending Colo 3-15-01 • Aod'unt Third D. Project Third ti t1TaAT,D FUNDIND: 1. F.d.nl 1 306,658 m fA c Smut $ 17,037 dw d loud 1 17,536 -00 . oder 11. tt AMtCATION WartCT TO N(YttW SY SIAM (IICDnVZ ORD° inn MOCESST a. TES THIS PREAPPUCAnCNrAPPVGTION WAS MAGE AVAI{JRI r TO THE STATE ECECUf1VE CROEP 17]77 PpIrtzscs FOA REVIEW ON. DATE O NO. 0 PROC+RAAI 6 NOT COVERED BY EO 12372 ❑ OR PROGRAM MAS NOT SEEN SELECTED BY STATE FOR REYI€W I. Ptopnn Rvn. 1 db q TOTAL 1 341,231 ; '00 17. ■ TNt awL CANT DCaOUDR at ANY FEDERAL can ❑ Tit e N 'Y.i: amts, .n wcolan.tion. No it 10 TM LUST W WY tt1,OW141XIt AND $LLJtP. ALL DATA M TMIS AMtJCAT1O04.r, tAJ.UCAt1O . Ant TRV( AND tbRR1 CT. ltft DOC I tMT MAS MN DULY AtlfMOat7ID tY let ODYntwlwa Won d 11,( A/RVCANT AND Thr( AP.UCANT RILL COr.PLY MRM TMt AmatD ASSURANCtl V TM wawa a AwARD(D ` Typal Mord of AUD,en"d R.°"•.nutn. Fred Hanna D Titbit Mayor c Ttktr ay2T 7 7 DD d. Signiors or Au cv,ud R.dwt1.1n7 Peeved Emtnnt}tot uuwe Authorized for Local Reproduction • Dolt S•gned SEP 08MOO SLandatt 0.m .24 ," cv ,.," p•e+vm.d oy OMB C.rc_ a s-' 2 ' DVA'RTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION • PART II • PROJECT APPROVAL INFORMATION SECTION A oMe NO. to-no18. Item I. Docs this ossistonce request require State, tocol, regionol, or other priority rating? Yes x No Nome of Governing Body Priority Rating Item 2. Does this ossistonce request require State, or local advisory, educational or health clearances? Nome of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse revie in accordance with OMB Circular A-95? X Yes No (Attoch Comments) Item 4. Does this ossistonce request require State, local, regional or other planning approval? Yes x No Nome of Approving Agency Dote Item 5. Is the proposed project covered by an approved Check one: State f—f comprehensive pion? Local I—] Regional [] Yes X No Location of plan Item 6. Will the assistance requested serve a Federal installation? Yes X Name of Federal Installation No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land or installation? Yes Nome of Federal Installation Location of Federal Land X No Percent of Project Item 8. Will the assistance requested hove an impact or effect on the environment? Yes X N0 See instruction for additional information to be provided. Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? Yes X No Number of: Individual s Families Businesses Forms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-100 16.731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART 1I - SECTION C (SECTION B OMITTED) OMB NO. 04-110209 The Sponsor hereby represents and certifies as follows: I. Compatible Land Use.—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The sponsor ha's adopted Drake Field Ordinance 2697 which regulates and restricts all land use.Activities in.the Vicinity of Drake Field. This ordinance was adopted January 20, 1980. 4. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport. except as stated herewith: :3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceeding) which in reasonable probability might make it imoosible for the Sponsor to carry oat and complete the Project or carry out the provisions of Part V of this Application, tither by limiting its legal or Gnanciai 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 interests, all of which areas are identified on the aforementioned property map designated as Exhibit -A": The sponsor hold fee simple title to Tract's A,B, and C and Avaigation • Easements on Tract's D,E,F,G,H,I, and J. These were approved under previous projects. This status has not changed since approval. "State character of property interest in each area and list and identify for each all exceptions, encumbrancer, and aduerse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the arta numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • • DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04 R0209 PART II - SECTION C (Continued) The Spousur further certifier that the slime i, hand uu a title examination lie a qualified al Lorne\ such ;thorny% Or title compam ha,‘ determined Ileal the .`pori -or hold, the allot e properly intere?lt. (b) elle `ponsor will acquire within a rea'oI,JlIr time. but In any went prior to the start of am construction wnrl, und• r the Project_ the following pruperlc interest in the following area; of laud` on which such con>lruction work is to be performed. all of which area, are identified on the aforementioned property map designated a- I.xhiLil "A": or title compare and that None (c) The `punsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under the Project. the following pruperlc interest in the following area: of land' which are to be developed or used a: part of or in connection with the Airport a. it will he upon completion of the Project. all of which area; are identified on the aforementioned properly map designated as Exhibit "A None 5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of arc aeronautical activity at any airport owned or controlled by the Rights.—There except as follows: None *Stale character of property interest in each area and list and identify for each all exceptions, encumbrances. and adverse interests of every kind and nature, including liens, easements. leases, etc. The separate areas of land need only be identified here by the area numbers•shown on the property map. FAA Form 5100-100 (406) Page 3b • • DEPARTMENT OF TRANSPORTATION - •RAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION 1 O"B +.D 6PC; ,.. FAA For. 5100-100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 SECTION A — GENERAL I. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.101 AIP SECTION B - CALCULATION OF FEDERAL GRANT Cosi Chis, ll icor .on Use only to. re on, To,01 Amount Required Late a Approved Amoam Adrus,m<m 1. Adornisuation expense S 1,000 S S 2. Peel,:oinary expense 3. La1:d,s;ruclures. right-of-way 4. Architectural engineering basic fees 65,804 5. Other architectural engineering lees Testing, S taking 3,824 6. Project inspection fees 27, 130 1- Land development 8. Relocation Expenses 9. Relocation payments to Individuals ano Businesses 10. Demolition add removal 1, 500 11. Construction and project improvement 241,973 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 341, 231 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions (500) 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 340, 731 20. Federal Share requested of Line 19 306 658 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 8 21) 306, 658 23. Grantee share 17.536 24. Other shares State of Arkansas 17,037 25. Total project (Lines 22. 23 8 24) S 341,231 S S FAA For. 5100-100 16 731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 • DEPARTMENT OF TRANSPORTATIONE DER AL AVIAT • tOa IO PAGES 1 THHU Poge 5 SECTION C - EXCLUSIONS CIo..,I.ro,.on 16 Inc Lglble lo' Pon lc:poi ton (I) Cons,,genr, P.e...ion (2' 0 5 S b c d e. 9 Totals 5 5 SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Shale S a. Securities h. Mortgages c. Appropriations (By Applicant) 1,z6 d. Bonds 17, e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share 17,536 28. Other Shares a. Slate 17,037 b. Other c. Total Other Shares 17, 037 29. TOTAL 5 34,573 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) tOa IO PAGES 1 THHU Poge 5 • • PART V ASSURANCES Airport Sponsors k General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein. the term 'public agency sponsor means a public agency with control of a public -use airport; the term "private sponsor means a private owner of a pubic -use airport and the term 'sponsor includes both public agency 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 8. Duration and Applicability. 1. Airport development or Nolse Compatibility Program Projects Undertaken by a Public Agency Sponsor. The teens, conditions and assurances of the grant agreement shall main in hill force and effect throughout the useful fife 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 dated acceptance d a grant offer of Federal funds for the project. However. there shall be no limit on the duration of the assurances regarding Exduskve Rights and Airport Revenue so long as the airport is used as an airport There shall be no Penin on the duration of the terms, conditions, and assurances with respect to real property acquired 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 private sponsor except that the useful lie of project items Installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than len (10) years from the date of acceptance of Federal ald for the project 3. Airport Planning Undertaken by a Sponsor. Unless otherwise speed in the grant agreement, ony Assurances 1, 2. 3, 5, 6, 13, 18, 30, 32, 33, and 34 In section C apply to planning projects. The terns. conditions, and assurances of the grant agreement shall remain in full force and effect during the life 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, acceptance 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 -Bacon Act - 40 U.S.C. 276(a). et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201. et seq. d. Hatch Act - 5 U.S.C. 1501 et seq,2 e. Uniform Relocation Acctctance and Real Property Acquisition Policies Act of 1970 Tolle 42 U.S.C. 4601 et seo.1 2 f. National Historic Preservation Act d 1966 - Section 106 - 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001 et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 40128.1 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(Q) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Ad of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101 et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151 et seq,1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327 et sero) t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 et seq.1 v. Wild and Scenic Rivers Ad, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Assurances (9/99) V-1