Loading...
HomeMy WebLinkAbout165-05 RESOLUTION1 • • • • RESOLUTION NO. 165-05 A RESOLUTION AUTHORIZING THE FAYETTEVILLE MUNICIPAL AIRPORT STAFF TO ACCEPT A GRANT IN THE AMOUNT OF $116,605.00 FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS TO FUND AN AIRPORT MASTER PLAN UPDATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Municipal Airport staff to accept a grant in the amount of $116,605.00 from the Federal Aviation Administration and the Arkansas Department of Aeronautics to fund an Airport Master Plan Update. PASSED and APPROVED this 16th day of August 2005. Ace c i Y .............. �,Gp :• o. • �= • E :FAYETfEVILLE• " ATTEST: SONDRA SMITH, City Clerk APPROVED: By: AN COODY, Mayor U.S. Department of Transportation Federal Aviation Administration • • original GRANT AGREEMENT PART 1 - OFFER August 2, 2005 Date of Offer Fayetteville Municipal (Drake Field) Airport/Planning Area 3-05-0020-033-2005 Grant No 134398903 DUNS No TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration. herein called the `FAA") WHEREAS, the Sponsor has submitted to the FM a Project Application dated July 7, 2005, for a grant of Federal funds for a project at or associated with Fayetteville Municipal (Drake Field), which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Airport Master Plan Update all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) Page 1 of 4 • • NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. 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 $116,605.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $116,605.00 for planning 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 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 August 24, 2005, 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 dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. R 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. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the 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. FAA Forth 5100-37 (10-89) Page 2 of 4 • • 10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 12. COORDINATION: The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations, other local planning agencies, and with the State Airport System Plan prepared by the State s Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to fumish a copy of the final report to the State's Department of Transportation. 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 (Sign Edward N.'gnew (Typed Nemo) Manager, Arkansas/Oklahoma Airports Development Office (Title) FAA Forth 5100-37 (10-89) Page 3 of 4 • 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 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 I to 4 h day of Attest: Title: ...```.RK/TR''.. AG.•�\1? OcG .P3 tV• • 73t : FAYETTEVILLE: '- (SEAL)tz•.9 5.•� ---,172,;•92("A NS'NW" By: ''o.h'G70N G r ...... it r.. R 14.51.44 , 2005. City of Fayetteville Name of S' , sor) (Signature of Sponsor's Designat y' ,tial Representative) gra &&OO (Typed Name of Sponsor's tial Representative) Title: __ w l wt (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attomey 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 Arkansas. Further, I have examined the foregoing Grant Agreement and the actions taken 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 fel this day of A o, bi f L 2005. By (Signature ' Sponsor's Attorney) FAA Form 5100-37 (10-89) Page of • Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED July 2005 AppScant Identifier FY052130 1. TYPE OF SUBMISSION: Appticaoon 0afiConstruction ❑ Non -Construction Preapptication 0 Construction 0 Non-Constructloe 3. DATE RECDVED BY STATE Sure *teetotal Uterine 4. DATECEN BY FEDERAL AGENCY 77/9/0 S Federal ldener 3-05-0020-033-2005 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Unit Department: Airport Department Organizational DUNS: / 34 3 9 9, 903 7/..7//o s- PH Division: Address: Name and telephone matters Involving number of person to be contacted on this application (give area code) Street: 4500 S. School, Suite F Prefix: Mr. First Name: Ray City: Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas Zip Code. 72701 Suffix: Director of Aviation Country: United States Email: rboudreaux©cl.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN)- Phone number (give 476-718-7642 area code): I 1 FAX number (give area code): 479-718-7646 7 1. 6 1 0 1 1 1 8 1 4 1 6 12 1 a. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back or form for Appllcauon Typn) C 0New 0 Continuation 0 Revision Other (specify) If Revision, enter appropriate Wiens) in box(es). (See bark of loan for description a( loners) 9. NAME OF FEDERAL AGENCY FAA SW Region spea Other // 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: Master Plan Update for Fayetteville Municipal Airport 2' 0 . 1 1 0 16 TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, Washington County, Arkansas states. etc ): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Sun Date June 2005 July Ending Date 2006 a. Applicant Third b. Project Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. 0 THIS PREAPPLICATIOWAPPLICATION WAS MADE AVALABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. 0 PROGRAM IS NOT COVERED BYE O 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal S 116,605 mu D. Applicant S .w c State S 6,137 .w d. Loral S .W e. Other $ .se L Program income $ err 17. ■ IS THE APPUCANT DEUNOUENT ON ANY FEDERAL Yes If -Yes' attach an explanation C. DEBT? No g. TOTAL S 122,742 AV 18. TO DOCUMENT ATTACHED THE BEST OF MY KNOWLEDGE HAS BEEN DULY ASSURANCES AND BELIEF, AUTHORIZED BY THE IF THE ASSISTANCE IS ALL DATA IN THIS APPLICATIOWPREAPPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE AWARDED. a. Authorized Representative Prefix Mr. 1 First Name Dan - Last Name Coody Suffix b. Title May.. �!n c. Telephone number 479-575-8330 (give area code) d. Signature r • `y 1 Rep Mom/(/ Z. e. Date Signed July 7, 2005 remotes AWnrimd far Local Reproduction Standard Form 424 (Ray.6-2003) Presented by OMB Circular A-102 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A oMa No. 8O -R0184 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Goveming Body Primary Rating Item 2 Does this assistance request require State, or local advisory, educational or health clearances? Yes X (Attach Documentation) No Name of Agency or Board Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes _No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Date )tem 5. Is the proposal project covered by an approved comprehensive plan? Yes X No Check one: State o Local o Regional o Location of Plan Item 6. Will the assistance requested serve a Federal Installation? Yes X No Name of Federal Installation Federal Population benefiting from Project Item 7, Name of Federal Installation Will the assistance requested be on Federal land or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? Yes X No 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: Individuals. Families. Businesses. Farms. 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 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04.80209 PART 11- SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607 which regulates and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agcncy of the United States Government 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 proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 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 holds fee simple title to Tract A and casements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved undcr previous projects. Status has not changed since approval. Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, 1, G, and K; Fee Simple Tract D, E, and H. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, Na The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMD NO. 04-R0209 PART 1I - SECTION C (Continued ) The Sponsor further certifies that the above is based on a title examination by a qualified attomcy or title company and that such attorney or title company has determined that the Sponsor holds the above interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following arcas of land* on which such construction work is to be performed, all of which arcas are identified on the aforementioned property map designated as Exhibit "A": None. (C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of lands which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owncd or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions. encumbrances, and adverse interests of every kind and nature, including liens. easements. leases. etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 61-06913 • U.B. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO. 80.80184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.106 SECTION B -CALCULATION OF FEDERAL GRANT Use only for revisions Total Amount Required Cost Classification Latest Approved Amount Adjustment • or (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees (Master Plan) $122,742 5. Other Architectural engineering fees 6. Project inspection tees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 122,742 20 Federal Share requested of Line 19 116,605 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 8 21) 116,605 23. Grantee share 24. Other shares (Ark Dept 'of Aeronautics) 6,137 25. Total Project (Lines 22 23 8 24) $ $ $ 122,742 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO 80-R0184 SECTION C - EXCLUSIONS Classification Ineligible for Participation ( 1) ExcContingencyluded From Provision (2) a. $ $ b. c. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares $ 6,137 a. State b. Other c. Total Other Shares 29. TOTAL $ 6,137 SECTION E - REMARKS Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (673) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 • • PART IV PROGRAM NARRATIVE STATEMENT MASTER PLAN UPDATE FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The existing Master Plan is out of date and most of the five and ten year projects have been completed at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of the MASTER PLAN UPDATE is to provide a current plan for future improvements for the five, ten and twenty year planning periods. Fayetteville Municipal Airport has become a full service GA Airport and is experiencing steadily increasing GA traffic the since 1999 and no longer serves Airline Traffic. J:120051052130 DRAKE MASTER PLAMCORRESWARRATNE-0630.DOC rb y 'n O Z H H 9 A n K m H 0 z 0 O z rn tO 0 CO n n o r m zr • r n0 00 r mo C)Z m cn c D r- < mz • Z C7 m Z m T K01 D 2 C -n D m H H rn r r m o v A 0 'o m T K m r 0 v m S H tri 0 x m H N 3 m H m n H H 'L H 0 G 0 C N z z> m 0 0 H O w H 0 N H > rn n H n z In n D m II 0 0 0 .0 [n 1 660' 10 ti F a m n 0 14% A O 2 D tk \ k ,......to 1„... —„,„ rZ Do H r m c.sz o D r 11 N s 0 a 0o N H 57»o n n O a H H v N c -c H - H ▪ O H N 0) N 21 N COC L. 1303.5' A o� ✓ ✓ 530' 0' 0 T rn r z m Lel 0 1320' MI N ro A XI O A C z O 7. m H £ a n K �' 0 1807.17' E rn Mm H2 m 2 0 < m 130 STANDARD DOT TITLE VI ASSURANCES City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees conceming this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 • • STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) (Signaturef Au orized •:ilial Page2of2 • ! CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as•follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscnmination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to fumish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. • • CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the fumishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. • • STANDARD DOT TITLE VI ASSURANCES City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees conceming this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21 23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an Interest in real property, the assurance shall extend to rights to space on, over, or under such property 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under thlS project; and (b) for the construction or use of or access to space on, over, or under real property acquired or Improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 • • STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 • • CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscnmination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurements of Matenals and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to fumish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1t 2%Ub1lbJlbyl•UCfl 1€.luUi rutE-l• ■ 1T: ;• trof..tna contactor'anoncompilance-wrth.the ---- nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to - a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States.