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Home My WebLink About08-19-1977 Special Meeting94 THE FAIRHOPE MUNICIPAL AIRPORT BOARD Minutes for meeting August 19, 1977 The Fairhope Municipal Airport Board met in special session on Friday, August 19, 1977,0, a the City Administration Building, 387 Fairhope Avenue, Fairhope, labama at 8:30 P.M., with the following members preset: Chairman: J. Russell Kilgore. Members: James Gaston, Billy Don Also present: Project Engineer M.A. Aust Project Engineer, L.Aust stated t $449,569.00 which in lodes $33,000. Airport Expansios Pro ect #5-10-002 $9,919.50 currently. Federal Avi the the Airport Account ave $11,957 project's beginning. Don ggins mov that J. Russell Kilgore an James Ga Grand Hotel to donate $3,000 00. Mot M.L. Aust explained the discre ncy T-904 Sodding. H d--that-tt chars a unit of "Square Y s Fell_(S.F.)" with no change i the that the item was erroneousl shown being "Square Feet (S.F.)" nd the B (Explanation: attached. ) y G�v/J2 Don Wiggins moved, se ded by James execute a statement o the F.A.A. of carried. (Copy Att hed) at the Airport oard needed 0 from the at a to fund the V ort Account has tration suggested account upon the by James Gaston, Pope, through the ry of Quaitities show a .Y.)"'to a unit of "Square atity. The reason for this is the Bid Proposal Form as lers all responded to that unit. /WA 4r�nr as a that the Airport Board snd Use Assurance. Motion Project Enginee H.L. Aust told memb re of a bill from Marvin Sumlin receive after the schedulded opening ate. Mr Sumlia did not pre -qualify a did he purchase the econd set of plans he acquired. The envelop containing the bid was of marked n any way stating it contained bid so it was opened by istake and eturned to Sumlin. James Ga on moved, seconded by Don iggins to a thorize M.L. Fender %vsr to draf a letter signed by Board m bera stating why the bid was not v id. Motion Carried. 92 THE FAIRHOPE MUNICIPAL AIRPORT BOARD Minutes for meeting August 19, 1977 The Fairhope Municipal Airport Board met ih special session on Friday, August 19, 1977, at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama at 8:30,A.M., with the following members.presents Chairman: J. Russell Kilgore Members: James Gaston, Billy Don Wiggins Also Present: Project Engineer M.L.Aust Project Engineer, M.L. Aust stated that the Airport Board needs $449.569.00 which included $33,000.00 from the state to fund the Airport Expansion Project #5-10-002902. The Airport account has $9,919.50 currently. The Federal Aviation Administration suggested that the Airport Board have $11,957,00 in -their account upon the-projectle beginning. Don Wiggins moved, seconded by Jimmy Gaston, that Russ Kilgore and Jimmy Gaston ask Bob Pope, through the Grand Hotel to donate $3,000.00 to cover the balance and expenses. Motion Carried, M.L. Aust explained the discrepancy on the bid tabulation item, T-904 Sodding. He noted that the Summary of Quantitles show a change from a unit of "Square Yards (S.Y.)" to a unit of "Square Feet (S.F.)" with no change in the quantity. The reason for this is that the item was erroneously shown on thle Bid Proposal Form as being "Square Feet S.F.)" and the Bidders responded to that unit. Amounts requested for the F A.A. Grant included are adjusted to reflect `Square Yards ,(S.Y.)".g'xplanation and F.A.A. application attached). Don Wiggins moved, seconded by James Gaston that the Airport Board execute a statement to the F.A.A. concerning the Land Use Assurance. Motion carried. (Copy Attached). Project Engineer, M.L. Aust told members of a bid received from Marvin Sualin received after the scheduled'. opening date. Mr. Sumlin did not pre -qualify nor did he purchase the seconded set of plans he acgi2ired. The envelope containing the bid was not mark in any way stating it contained a bid so it was opened by mistake and returned to Mr. Sumlin. James Gaston moved, seconded by Don Wiggins to authorise M.L.Aust to draft a letter signed by Board Members stating why the bid was not valid. Motion carried. 94 Jimy Gaston moved, seconded by Don Wiggins to award the Construction Contract to the low bidder, R.O.Weaver Construction.Co., contingent on the issuance of the grant offer agreement from F.A.A. and the acceptance of the same by the City Council. Motion carried. Project Engineer,.M.L, Aunt suggested that the.Board acquire a new re -appraisal in acceptable form for:the F.A.A. Project Engineer, M.L. Aunt noted that the F.F.A: required our application to read that we would acquire the needed -land prior to construction. Prior to this requirement our application -stated the land needed had to be attained before the completion of construction. The problem is that the Airport Board does not have, -the funds to purchase the land with odt.. the F.A.A.'s grant offer. Russ Kilgore suggested that the Airport Board ask the City Attorney, John Duck to draw up an option that the Airport Board will purchase the required land contingent on the F.A.A. grant offer agrremment and the -approval of the City Council. - There being no further business on a motion duly made, seconded and carried, the meeting adjourned, Respectfully submitted, _q �E41 A_ Marii E. Ziegler Acting Secretary Fairhope Airport Board 0C) ing Engineer t 610 Spanish Main consul 205/626.9318 8 August 1977 Airports District Office Federal Aviation Administration P. 0. Box 611, Pearl Branch Jackson, Mississippi 39208 Re: Fairhope Municipal Airport, ADAP Project No. 5-01-0029-02 P. O. Box 250 Spanish Fort, Ala, 3652,9 Attn: Mr. Mickey Clayton Dear Sirs: Attached are the Bid Tabulations for the referenced project as they were received on 4 August 1977. You will note that the Summary of Quantities on the sheet show a change in Item T-904, Sodding, from a unit of "Square Yards (S.Y.)" 'I to a unit of "Square Feet (S.F.)" with no change in the quantity. The reason for this is that the item was erroneously shown' on the < Bid Proposal Form as being "Square Feet (S.F.)" and the Bidders all, without exception, responded to that unit. On the Bid Tabulations, we chose to adjust the engineer's estimate rather than adjusting the Bidders' unit prices. Since the quantity needed for the job is estimated in square yards, however, we propose to adjust the Bid Proposal Unit Price to reflect that at the time of the execution of the contract and to reflect a Bid Price of $328,819.00 on the Project Application. If there is any problem with this approach, please let me know. AicereI Aust, Jr. cc: Fairhope Airport Board PROJECT NO. 5-01-0029-02 Summary of Quantities EnMer's Eetimmt Mowtover CoMlruchon Co., Inc. Floco Corp. ! Osolooso Aspholt Enterprises, Inc. _- --_----� Baldwin Constructors, WK. AML Controctors, Inc. The Nommet Co., Inc. Edword M. Chadoourns, Inc. __. FAA ITEM NO DESCRIPTION UNIT QUANTITIES - I �y_. ------_ �_. �___- ----- ---, ---- - /Soo 45900.00 Ell"Oled �s-bnc - - _. _ - f �13So j 26,0/O.00 ' /SOO 45'9oo.00 15-" 47 430.00 P- 151 Clearin cc 30.6 aoo 24 480.00 /2/7 37 240.20 1 /760 33 856.00 14/D 43 146.00 P-152 Excavation and Embankment C.Y. 2105 1.2S 263i.2S 2.00 4 210.00 3.77_ 7.9_3SBS1'_3.64 /9,50'226 200.Oo I , 0.45� 6,904.00 _2/.4_Ot2-e 0.5-6 71_662.20 240.00 8,691.201 3.00 1 23.00 0.70 _ 6,31SA� Q66-B00.00 1 /0,66t.00 3.00 `22. RS 63IS. 001 26S 060.00 -T00 A,S2S.00 3.40 7 /S7,00 P-401 Bituminous Surface Course Tan 11,600 22.Oo_25_5-200.00 0.75 11,640.00 20.99 243 484. 00 0.40 6,208.00 28.00324 800, Oo 1 30, S7 860.00 P-603 Bituminous Tack Coat got. 15520 o.So 7760.G O.SS 8,S36.00� 0.70 /0864.00 P-620 Runwayand TaxiwayPaintingS.F. 9400 0.264 2,3St.o0 0.3e8 3 192.00 140_0 7,6/6_.00,: 16_00 7/ot.00l '0.-325 2730.00'i /6.7SI,_9,//2.00 20_12, 81933.26 r- 0._24 12.40 /6.001 210,16.00 6,745601 0-771 3 /08.00 0.40 3360.001 o.to� 3,360.00 0.25 2/00.00 0-TOI Pipe for Storm Sewer j_/o.00 5440.00' /z.00� 6,Sz80o ! n.So 9,5200011 2S.00j /3,600.00! /4,93 8,/zi.92 a.24",Class III, R.C. L.F. 544' b. 27°, Class III, R.C. L.F. 444 12.So S�SSo.oO 7 /O4 0o j /}50; 6,43_8.or/ 22.So _ 9 990.00 29.00r/a e76.001 /6.78 8,338.32 D-751 Drainage Structnes ?- a. Box each I 0o-400.00 600� /, 200.00 900 _ 900 /,800_00 /07 -2, /S2.00 ' 970 970.00 . /1-62 2,231.0? : 0.48{ 660.00 65I(9 9So-�}- 97s e/9.00l 6490900 900.00 9oO.00 400 1 / 600.00 I It _9 76, 00 _9_0o I 900.00 1 364BOo :s2/oo 41o3z.00i Boo Boo.00 7So7So.00Junction � 9So 9So.00 b..Type "A" Inlet each 2 /000 j 2,000.001 900�900.00 ; 7So I / 500.00 ; //00 2 200.00 c. Type "B" Inlet each I ' : SOO S0o.0_0 : 900 _ 900.00 e20o0!3940.001 625.00 900 5 .00 1 9.T - 9So,00 T-401 Seedin I000S.F. 192 //.S0. 2, oa_oo s0.22' 302.S0�.-0.601 '20.00L3,a4oa0. O.So! 6617.S0 40_oo,�6eo.0o''2o.w 3840.00 T-904 SoddingSF. 0 1375 OS6-r-1770.00 036 S22.50 0.7S' /,031.251 0.25� 343.7S T-905 Topsoiling C.Y. 870 250 2 /75.00 I 3.00 2t6/0.00 0.510 4300.001 //469. 00 2.00 /0�400.00 1 0.3Y' 3S0001 4 30, 3174/.Oo 0.40 3,440.00 /2 7937iB-/6c./O 3.03 2,636./m ;-y.0o` 3i480.00 O.381 3,268.00 070' 6,o2o.00, 6o 8S350 223 11,596.00 200` 16�400.00 0.64 640.00 1 O-/S /SO.00 ' 4.Oml 34800_ 0_35j 3,oio.00i ! 62622.50 2�001'./0400.00! 0.6_0, 600 00 1 _SOO`_413So.001 0.5-0 4,300.00 397ogy �� 5.40 4,6_90.00 Shoulder Rcwork (See Sheet 13) `L .F, 6,600. 030. 21580.00 0_27 2 322.00 Sj/ 74.9 -ALTERNATES- TOTAL. w/6 ALTERNATES ,-- ir8 /86. 75., 0.75. 3,900,00_ P-625 Tor Emulsion Protective Seal Coot gal 5200I 2.00 /0,40a00 : 0.281 260.00 • 1.00' S200.00' /-00, Ooo 00 2.90! /5080.00 0.40� 100- 00 T-908 Mulching S.Y. I,000 ! 0.20, 200.0o - ' / 00.00 - - 1 -~-2 IO SO.Oo ---I - - - j /0 680.00 ' --'-- �2�236 _00 /o SSO 00 i // 000.00 - 1 6 200. 00 ' 00 A ALT RNA 2 0.7S, I OO! 1323659.37 I 60 398. /O 7/ 03 O 73 622. Lf 72 654.199 /TEM ADJUSTED ON 7H4i S,VCCT DUE 7D DISCREPANCIES EZ/V 7YE B/D FARjM AND THE C0/VSTRGCT10/v 5PEC1F/CATI0NS. -.= CERTIFICATION : I weojar czx l," 7w-- naive 7b ne n sir.,s TAM1LA7'/0,V CORAeC7c0 Far ER.ro'es, Of B/OS RECE/vE0 ON 4 Avismsr /977 Fov /MPRovL- MEN7-s To FA/RMOPE MvNrueA4 A/AroRT, fAA Pg0V.VCT NO. S-0r-0029-0A. t 4 - - PE. AAA REC. Na. 5760 e AHc H» G 'L.' A OMB Approval No. 29-RMS FEDERAL ASSISTANCE 2. APPLI• a• NUMBER 3. STATE s• NUMBER CANrs E-01576-1 APPLIC)M 20.102-1355-76 TION 1. TYPE PREAPPLICATION APPLI- b. DATE IOENTI- b. DATE OF ACTION p ® APPLICATION CATION 19 77 Year AUnth 11 y FIER ASSIGNED (Maark�ap- ❑ NOTIFICATION OF INTENT (Opt) Leave r)rt. 0 REPORT OF FEDERAL ACTION Blank Year month day 1976 Sept 13 4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. 63-6001254� a. Applicant Nance City of Fa i rhope, Alabama 6. 20 0 b. organization Unit Fai rhope Airport Board c. Street/P.O. Box P.O. Drawer AS PRO. a. NUMBER •�1 u _ b. TITLE d. City - Fai rhope a• County ° Baldwin GRAM f. state Alabama g. ZIP Cole: 36532 (From Fed" Grant, Airport Develop- h. Contact Psma (Name J. Russell Kilgore, (205)928-2384 ment Aid Program F d: telephone No.) u 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT Improvements to B. TYPE OF APPLICANT/RECIPIENT Municipal a Air Airport consisting of; Land Ac ui A-scI-Community Action AgencyFairho �Intaeehte 1- Higher Educational Institution s i t i on Transition Zone Easement and Fee Simple e A i r- r P Fsubshte )-Indian Tribe District K-Other (Specify) s port Development; Clear Obstructions in Transition ECity' Zone; Strengthen Runway, Taxiways, and Aircraft g Y r Y r F-School Outpost G-Spedel Purpose Parking Apron; and Improve Drainage Between Runway Enter appropriate letter 9. TYPE OF ASSISTANCE and Taxiway from Station 21 +55 to Station 36+00 . A -Basic Grant D-Insurence B-Supplemental Grant E-Other Enter appro. C-Loon priate letter(*) A 10. AREA OF PROJECT IMPACT (Name# of cities, ocuntle#. 11. ESTIMATED NUM- 12. TYPE OF APPLICATION Stafsa, a(�.) Baldwin County and tfle I owns of Span- BER OF PERSONS BENEFITING "aw C-Revision E-Augmentation B-Oenewal D-Continuation i sh Fort Daphne, Fai rho a See Rmks 66000/2 000 Enter appropriate letter 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For Igo or lie) a. FEDERAL t 404 612.0o o. APPLICANT b. PROJECT A -Increase Dollars F-Other (Specify) BDecrease Dollars f1 First District First District D-Deereas.DDurration E-Cancellation Entappro- er prate Utter(#) b. APPLICANT 57 c. STATE 3 000.0o 16. PROJECT START DATE Year month day 19 22 17. PROJECT DURI�TION t} bfonthe d. LOCAL .00 a. OTHER 18. ESTIMATED DATE TO Year month day, BE SUBMITTED TO FEDERAL AGENCY ► 19 Aug1 1 19. EXISTING FEDERAL IDENTIFICATION NUMBER I. TOTAL : 44 6 .00 20. FEDERAL AGENCY TO RECEIVE REQUEST (Nance. City. State. ZIP code) 21. REMARKS ADDED Federal Aviation Admini-,trafi-in_ Jackson, Mississippi 3920 W Yes No 22. a. To the best of my knowledge and belief. data In this prasppllation/application are ___I_ 0. If required by OMB Circular A-95 this application was submitted, pursuant to In- No re- Response structlots thereln. to appropriate clearinghouses and all responses are attached: oponse attached THE true and correct, the document has basis APPLICANT CERTIFIES THAT Is, duly authorized by the governing body of the applicant and the applicant will oanpb with the attached wunaaa If the asaht- (1) Alabama Development Office (State) ❑ m South Alabama Regional Planning Commis - once Is approved. (3) ❑ 23, o. TYPED NAME AND TITLE b. 31 a DATE SIGNED CERTIFYING -J. Russell Kilgore, Chair- Year month day REPRE- SENTATIVE SENTATIVE man Fai rho a Airport Boar r P P 19 77 Aug 11 24. AGENCY NAME 2 . PPLICA Year month day RECEIVED 19 21L ORGANIZATIONAL UNIT 27. ADMINISTRATIVE dWicr 28. FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS 30. GRAN IDENTIFICATION 31. ACTION TAKEN 32. FUNDING Year month day 34. Year month day a. AWARDED 33. ACTION DATE p. 19 STARTING DATE 19 a. FEDERAL $ .00 b. APPLICANT .00 31L CONTACT FOR ADDITIONAL INFORMA- TION (Name and telephone number) 36. Year month day ENDING DATE 19 b. REJECTED s RETURNED FOR c. STATE .00 d. LOCAL .00 37. REMARKS ADDED _ AMENDMENT d. DEFERRED a. OTHER .00 I. TOTAL $ .001 a. WITHDRAWN 10 Yes oNo 38. a. In taking above action, any comments received from clearinghouses wen eon- sidered. If agency mponse Is due under provisions of Pat 1. OMMB Circular A-95. b. FEDERAL AGENCY "S OFFICIAL (Name and telephone no.) FEDERAL AGENCY it has been or Is being made. A-95 ACTION 424-101 y/% STANDARD FORM 424 PAGE 1 (10-75) / j eq-1 Frosor(bed by GSA. Federal Management Circular N-7 %!�"� „ t , � � SECTION N—REMARKS (Please reference the proper item number from Sections 1, H or 111, if applicable) 10. Continued from Page 1; ? Loxley, Marlow, Silverhill, and Point Clear, all of which are communities in the general vicinity. 11. The two numbers shown represent the total estimated population of Baldwin County (66,000) and the estimated population that the airport would directly serve in the general vicinity (27,000). i STANDARD FORM 424 PAGE 2 (10-75) /` ,1 AI.A GEORGE C. WALLACE GOVERNOR STATE OF A' ABAMA ALABAMA DEVELOPMENT OFFICE R. C. "R[_[)" BAMBERG W. M. "BILL" RUSHTON DIRECTOR ASSISTANT DIRECTOR November 5, 1976 TO: Mr. J. Russell Kilgore Fairhope Airport Board P.O. Drawer AS Fairhope, Alabama 36532 FROM: Michael R. Amo /;"� State Clearinghouse State Planning Division SUBJECT: PROJECT NOTIFICATION AND REVIEW Applicant: Fairhope Airport Board Project: Airport Development Aid Program -DOT: To add improvements to the Fairhope Municipal Airport in Baldwin County State Clearinghouse Control Number: 20.102-1355-76 Review Complete -- Concurrence The notification for the above project has been reviewed by the appropriate State agencies in accordance with Office of Management and Budget Circular A-95, Revised. The review has indicated that the proposed project is in accordance with current State plans, programs, and objectives. Your attention is invited to the attached comments. It will not be necessary to resubmit this proposal unless major changes are made. Please notify this office when your application is submitted to Federal Agency and upon receipt of Federal Agency action. A-95/02 Agencies contacted for comment: South Alabama Regional Planning Commission FIighway Department JADO-Sternenberg Aust-Ponder Engineering & Survey, P. 0. Box 236, Daphne, Ala. 36526 3134 ATLANTA HIGHWAY • MONTGOMERY, ALABAMA MAILING ADDRESS: STAiI_CAI'ITOL•MONrGOMERY,ALA13AMA•3G130 (205) 832-G810 SOUTH ALABAMA REGIONAL PLANNING COMMISSION tin 0" Grant Application for Airport Improvements, Municipal Airport, Fairhope, Alabama JMMREA, y, the City of Fairhope is making application for Federal assistance under the Airport Development Aid Program to make certain.improvements to the Municipal Airport; and, J }RE ?RE A ,6�, the South Alabama Regional Planning Commission is required to make comments and recommendations under the Office of Management and Budget, Circular A-95, revised; and, 1i M§, the staff and members of the Commission have found the following: 1. The proposed plan is not in conflict with the "Upper Gulf Coast Regional Air Transportation Study". f 2. The improvements will improve the transportation system to a growing area within the region. r 01 1THREMNE. '3P Alt Nrtwturb by the South Alabama Regional Planning Commission this 15th day of September, 1976, that the same does hereby concur with the above referenced project. ATTESTED: J BY: SECRETARY Vic AIRMAN for Project w dC ESCAMBIA MOBILE BY: Q.�AIDK' c+d DEPARTMENT•OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART 11 OMB NO. 80-RO184 PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes . No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Governing Body Priority Rating Name of Agency or Board Yeses —No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Clearing House Comments are attached. X Yes No See Item 22.b(1) and (2), Form 424 Item 4. Does this assistance request require State, local, regional or other planning approval? X Yes_ Item 5. s the proposed project covered by an approved omprehensive plan? Yes X Item 6. Will the assistance requested serve a Federal installation? Yes X Item 7. Will the assistance requested be on Federal land or installation? Yes X South Alabama Regional Name of A roving Ag ency Planning Commission Date 15 September 1976 No Check one: State Local Regional No Location of plan �j [-j [_ 1 Name of Federal Installation No Federal Population benefiting from Project Name of Federal Installation Location of Federal Land_ No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes ___X— No Farms tem 10, there other related Federal assistance on this See instructions for additional information to be roject previous, pending, or anticipated? provided. Yes -X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 PART II — SECTION B I 11. SITES AND IMPROVEMENTS: Not required, Attached as exhibits See Exhibit "A" Applicant intends to acquire the site through: Eminent domain, Negotiated purchase, X Other means (specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: X Applicant, Agency or institution operating the facility, -- Other (specify) 13. INDICATE WHETHER APPLICANT%OPERATOR HAS: See attached Exhibit "A" X Fee simple title, Leasehold interest, X Other (specify) fQr interest classifica— tion of pa rcels 14. IF APPLICANVOPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION: N/A a. Length of lease or other estate interest __ , and number of years to run b. Is lease renewable Yes No c. Current appraised value of land S d. Annual rental rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT/OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID. 16. THERE APPLICABLE, ATTACH SITE SURVEY, SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS. 17. 'WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE �18. TOPOGRAPHY. N/A ATTACH PLOT PLAN. 19. CONSTRUCTION SCHEDULE ESTIMATES: Not required Being prepared, X Attached as exhibits Percentage of completion of drawings and specifications at application date: Schematics °b Preliminary 0; Final 100 00 20. TARGET DATES FOR: Bid Advertisement 4 August 1977 _ Contract Award _ 22 August 1977 Construction Completion 30 December 1977 Occupancy N/A 21. DESCRIPTION OF FACILITY: Not required Attached as exhibits (See Part IV — Program Drawings — Attach any drawings which will assist in describing the project. Narrative) Specifications — Attach copies of completed outline specifications. (If drawings and specifications have not been fully completed, please attach copies or working drawings that have been completed.) NOTE: ITEMS ON THIS SHEET ARE SELF-EXPLANATORY; THEREFORE, NO INSTRUCTIONS ARE PROVIDED. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 C FAA AC75-2668 Page 3 PART II - 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: Acquired Avigation Easements as Required 2. Defaults. --The Sponsor is riot in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. --There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land. --(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Parcel "A';' - Fee Simple Parcel "B" - Clear Zone Easement Parcel "C" - Clear Zone Easement *State character of property interest in each area and list and identify for each ail exceptions, encumbrances, and adverse interests of every kind and nature, including liens, :asements, 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 Page 3a 1 The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Not Applicable �Fall (c) The Sponsor will acquire within a reasonable time, and if feasible prior he completion of all construction work under the Project, the following property rest in the following areas of land* which are to be developed or used as'part r in connection with the Airport as it will be upon completion of the Project, of which areas are identified on the aforementioned property map designated as bit "A": Parcel "D" - Fee Simple Parcel "E" - Transition Zone Easement Parcel "F" - Transition Zone Easement 5. Exclusive Rights. --There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor 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 Page 3b 0 TITLE OPINION I, JOHN V. DUCK, City Attorney for the City of Fairhope, a municipal corporation, hereby certify that as of this date, the City of Fairhope, a municipal corporation, holds the property interest in the City of Fairhope Airport lands as set forth in Paragraph 4(a), Part II, Section C, Page 3-A of the Application for Federal Assistance dated August 11, 1977. The location of said Airport lands is shown on the Exhibit "A" Property Map, attached and made a part of this Application. DATED: August 11, 1977 v I \ yz\) OHN DUCK, CITY ATTORNE CITY F FAIRHOPE, ALABAMA DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 i PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ............ . 20.102 2. Functional or Other Breakout ................... . SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense S $ 000.00 2. Preliminary expense 9,650.00 3. Land, structures, right-of-way 52,600.00 4. Architectural engineering basic fees 26 000.00 5. Other architectural engineering fees 6. Project inspection fees 10, 500.00 7. Land development 8. Relocation Expenses 9. 'Relocation payments to Individuals and Businesses Demolition and removal 11. Construction and project improvement 328,819.o0 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 432, 569.00 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 432, 569.0o 17. Less: Ineligible Exclusions 18. Add: Contingencies 17 , 000.00 19. Total Project Amt. (Excluding Rehabilitation Grants) 449 569.0o 20. Federal Share requested of Line 19 404 612.00 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) 404,612.00 23. Grantee share Other shares o vo % �,�,, ;. Total project (Lines 22, 23 & 24) $ S 449,569.001 :AA Form 5100-100 (6 73) SUPERSEDES FAA FORM S100 -10 PAGES 1 THRU 7 Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OM6 NO. e0-RO1e4 SECTION C — EXCLUSIONS 26 Classification Ineligible for Participation 1 Excluded from Contingency Provision 2 °• (1) Administration Expense $ $ 000.0 �b (2) Preliminary Expense 9 650.00 `' and Structures, id (4) Architectural Engineering Basic Fees 26 000.00 i , e. if� 9. Totals $ $ SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share S 9,957.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL — Grantee share S7 "% 41 28. Other Shares a. State 33 , 000.00 b.Other 4IZ41 c. Total Other Shares 35,000.00 29. TOTAL S 44,957.00 SECTION E — REMARKS PART IV PROGRAM NARRATIVE Attach — See Instructions AA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 PART IV - PROGRAM NARRATIVE A. PROJECT DESCRIPTION The Project consists of; 1. Land Acquisition a. Fee Simple - Acquisition of 4.1 acres in fee simple located on the West side of the Airport for the purpose of future airport development (see other information under "C", Other Applicable Information, below). This parcel is designated "Parcel D" on the Exhibit "A" Property Map. b. Easement - Acquisition of 30.4 acres in easement located on both the East and West sides of the Airport for the purpose of removing obstructions which penetrate the Transition Zone. These parcels will be acquired as Transition Zone Easements for the purpose of preventing the formation or construction of obsrtuctions in the future. The parcels are designated as Parcels "E" and "F" on the Exhibit "A" Property Map. 2. Clearing Clearing will be a part of the Project for the purpose of removing obstructions in the Transition Zone on all acquired property, both fee simple and easement. 3. Runway, Taxiway, and Aircraft Parkin Apron Pavement Strengthening The runway, taxiways, and aircraft parking apron will be strengthened by the application of a bituminous surface course overlay. This overlay will be applied as part of a "stage construction" concept inasmuch as available funding will not permit one time strengthening to the ultimate design strength of 60,000 lbs. for dual wheel aircraft. As an added benefit, transverse slopes of the runway surface will be increased from the existing one percent 0 %) to one and one-half percent (1.5%Y to promote more effective runway surface drainage. 4. Improve Drainage Drainage will be improved by the installation of storm sewer and inlet structures between the runway and taxiway from Stations 21+55 to 31+45. In addition, the outfall drainage from Stations 32+42 to 36+00 will reworked to promote flow conditions downstream of the storm sewer discharge. This drainage improvement is for the purpose of preventing erosion, which has been a problem in the area of the improve- ment, and for promoting safety of aircraft operations. The existing ditch, in its eroded condition, is a potential haz- ard inasmuch as it lies within the runway safety area. B. PROJECT DETAILS 1 The Plans and Specifications submitted to the Federal Aviation Administration on 28 June 1977 and approved on 11 July 1977 are incorporated and made a part hereof. C. OTHER APPLICABLE INFORMATION Note on Item A.l.a under Project Description: The fee simple acquisition is projected as being part of a future ramp and hangar area development as projected by the Airport Layout Plan. This particular parcel (Parcel D) is being acquired in fee at this time due to the fact that it also contains obstructions which penetrate the Transition Zone. To otherwise acquire this parcel in easement would result in future land acqui- sition actions on the same area of land which would be inefficient utilization of available funding. It was not feasible to acquire the total area proposed as future ramp and hangar development due to the limited available funds. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART V ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally -assisted project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolu- tion, motion or similar action has been duly adopted or I)dssed as an official act of the applicant's governing body, authorizing the filing of the application, including all under- standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com- pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications be- fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior ap- proval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant pro- grams) have been met. 5. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or pre- scribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Build- ings and Facilities Accessible to, and Usable by, the Physi- cally Handicapped," Number All 17.1-1961, as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with- in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- ever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participa- tion 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. If any real property or structure thereon is pro- vided or improved with the aid of Federal financial assis- tance extended to the Applicant, this assurance shall obli- gate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene- fits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap- pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title If and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons dis- placed as a result of Federal and federally assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accordance with Office of Manage- ment and Budget Circular No. A-102. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution em- ployees of State and local governments. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 6 7. These covenants shall become effective upon acceptance ltiy the Sponsor of an offer of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. How- ever, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights. Any breach of these covenants on the part of the Sponsor may result in the suspension or termination of, or refusal to grant Federal assistance under, FAA administered programs, or such other action which may be necessary to enforce the rights of the United States under this agreement. 18. The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided; That the Sponsor may establish such fair, equal, and not unjustly discrimina- tory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Air- port; And Provided Further, That the Sponsor may pro- hibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil avia- tion needs of the public. .9. The Sponsor a. Will not grant or permit any exclusive right for- bidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the Airport, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the Administra- tor, it will not, either directly or indirectly, grant or per- mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or con- trolled by it, to conduct any aeronautical activities, in- cluding, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier op- erations, aircraft sales and services, sale of aviation petro- leum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now' existing at such an airport before the grant of any assistance under the Airport and Airway Development Act. 20. The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of the covenant (but without limiting its general applicability and effect), the Sponsor specifically covenants and agrees: a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. b. That in any agreement, contract, lease, or other ar- rangement under which a right or privilege at the Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor will in- sert and enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair, reasonable, and not unjustly dis- criminatory prices for each unit or service; Pro- vided, That the contractor ►nay be allowed to make reasonable and nondiscriminatory discounts, re- bates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or priv- ilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from per- forming any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. d. In the event the Sponsor itself exercises any of the rights and privileges referred to in subsection b, the serv- ices involved will be provided on the same conditions as would apply to the furnishing of such services by con- tractors or concessionaires of the Sponsor under the pro- visions of such subsection b. 21. Nothing contained herein shall be construed to pro- hibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any serv- ice of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 22. The Sponsor will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for air- port purposes: Provided, That nothing contained herein shall be construed to require that the Airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such opera- tion and maintenance; And Provided Further, That nothing herein shall be construed as requiring the maintenance, re- pair, restoration or replacement of any structure or facility which is substantially daniated or destroyed due to an act of God or other condition or circuwnstance beyond the con- trol of the Sponsor. In furtherance of this covenant the Sponsor will have in effect at all times arrangements for: a. Operating the airport's aeronautical facilities when- ever required. b. Promptly marking and lighting hazards resulting from airport conditions, including temp.-irary conditions, and c. Promptly notifying airmen of any condition affecting aeronautical use of the Airport. FAA Form 5100-100 Page 7 23. Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of ease- ments or other interests in or rights for the use of land or irspace or by the adoption and enforcement of zoning regu- tions, prevent the construction, erection, alteration, or owth of any structure, tree, or other object in the ap- oach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23, as applied to Section 77.25, Part 77 of the Federal Aviation Regula- tions. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future de- velopment of the Airport, in any portion of a runway ap- proach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. 24. Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations in- cluding landing and takeoff of aircraft. 25. The Sponsor will keep up to date at all times an airport layout plan of the Airport showing (1) the boundaries of the Airport and all proposed additions thereto, together- with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport fa- cilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the AA, which approval shall be evidenced by the signature of duly authorized representative of the FAA on the face of .he airport layout plan. The Sponsor will not make or permit he making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 26. All facilities of the Airport developed with Federal aid and all those usable for the landing and taking off of air- craft, will be available to the United States at all times, with- out charge, for use by government aircraft in common with other aircraft, except that if the use by government aircraft is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. Unless otherwise determined by the FAA, or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the FAA, would unduly interfere with use of the landing area by other authorized aircraft, or during any calendar month that: a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each land- ing as a movement and each takeoff as a movement) of government aircraft is 300 or more, or the gross accumu- lative weight of government aircraft using the Airport (the total movements of government aircraft multiplied by gross certified weights of such aircraft) is in excess of five million pounds. 27. Whenever so requested by the FAA, `the Sponsor will furnish without cost to the Federal Government, for con- struction, operation, and maintenance of facilities for air traffic control activities, or weather reporting activities and communication activities related to air traffic control, such areas of land or water, or estate therein, or rights in build- ings of the Sponsor as the FAA may consider necessary or desirable for construction at Federal expense of space or fa- cilities for such purposes. The approximate amounts of areas and the nature of the property interests and/or rights so required will be set forth in the Grant Agreement relating to the Project. Such areas or any portion thereof will be made available as provided herein within 4 months after receipt of written request from the FAA. 28. The airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustain- ing as possible under the circumstances existing at the Air- port, taking into account such factors as the volume of traffic and economy of collection. 29. The Sponsor will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may be submitted in such manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and docu- ments affecting the Airport; including deeds, leases, operation and use agreements, regulations, and other instruments, will be made available for inspection and audit by the Secretary and the Comptroller General of the United States, or their duly authorized representatives, upon reasonable request. The Sponsor will furnish to the FAA or to the General Ac- counting Office, upon request, a true copy of any such document. 30. All project accounts and records will be kept in ac- cordance with a standard system of accounting if so pre- scribed by the Secretary. 31. If at any time it is determined by the FAA that there is any outstanding right or claim of right in or to the Airport property, other than those set forth in Part II, paragraphs 4,r(a)-i(b), andW(c), the existence of which creates an un- due risk of interference with the operation of the Airport or the performance of the covenants of this Part, the Sponsor will acquire, extinguish, or modify such right or claim of right in a manner acceptable to the FAA. 32. The Sponsor will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is'assumed by another public agency found by the FAA to be eligible under the Act and Regulations to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the Airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with the Act, the Regulations, and these covenants. 33• Unless the context otherwise requires, all terms used in these covenants which are defined in the Act and the Regulations shall have the meanings assigned to them therein. 34. Exhibit "B", Sponsor Assurance of Non -Discrimination is attached. FAA Form 5 100— 100 Page 8 a EXHIBIT "B" SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED 11 Aug 1977 , FOR A GRANT OF FUNDS FOR THE DEVELOPMENT OR IMPROVEMENT OF THE FAIRHOPE MUNICIPAL AIRPORT The rity of Fairhnpe, acting by and through The Fairhope Airport Board (hereinafter referred to as the "sponsor") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transpor- tation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, 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 in accordance with the Act and Regulations no person in the United States shall, on the grounds 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 sponsor receives Federal financial assistance from the Department of Trans- portation including the Federal Aviation Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to ADAP Project No. 5_n1-nn24-n9 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with ADAP Project No. 5-01-0029-02 and, in adapted form in all proposals for negotiated agreements: The (Name of sponsor), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into SO FORM 5100-2 (1-74) (Supersedes previous edition) Page 1 rV pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in.every contract subject to the Act and the Regulations. 4. That where the sponsor receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. That where the sponsor receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. That the sponsor shall 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 under the Airport Development Aid Program of the Federal Aviation Administration, and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the said Airport Development Aid Program. 7. That 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 the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 8. The sponsor shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, sub- contractors, 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. SO FORM 5100-2 (1-74) (Supersedes previous edition) Page 2 9. The sponsor 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 any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airport Development Aid Program of the Federal Aviation Administration and is binding on it, contractors, subcontractors, transferees, successors in interest and other participants in the ADAP Project No. 5-01-0029-02 The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the sponsor. DATED 11 Auqust 1977 Fairhope Airport Board (Sponsor) DATED (Sponsor) by (Signature of Authorized Official) Attachments 1 and 2 SO FORM 5100-2 (1-74) (Supersedes previous edition) Page 3 ATTACHMENT 1 n During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors•, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 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 leases 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 to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. i t SO FORM 5100-2 (1-74) (Supersedes previous edition) Page 4 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 Federal Aviation Administration 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 Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. SO FORM 5100-2 (1-74)• (Supersedes previous edition) Page 5 V ATTACHMENT 2 The following clauses shall be includ11 ed in all deeds, licenses, leases, permits, or similar instruments entered into by the (Name of sponsor) pursuant to the provisions of Assurance 6(a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, (Name of sponsor) shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. (Include in deeds.):: That in the event of breach of any of the above nondiscrimination covenants, (Name of sponsor) shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of (Name of sponsor) and its assigns. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by (Name of sponsor) pursuant to the provisions of Assurance 6(b). SO FORM 5100-2 (1-74). (Supersedes previous edition) Page 6 The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof,'does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on the grounds of race, color, or national origin shall be excluded from 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 furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3)'that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, (Name of sponsor) shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, (Name of sponsor) shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of (Name of sponsor) and its assigns. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. SO FORM 5100-2 (1-74) .(Supersedes previous edition) Page 7 0Q 0 LAND USE ASSURANCE The Fairhope Municipal Airport is located on lands which are owned by the City of Fairhope but which are not located within the City's Corporate Limits. The power or authority of the City to exercise land use or zoning controls does not exist outside those Corporate Limits. Therefore, land use controls for those lands in the vicinity of the Fairhope Municipal Airport would be under the jurisdiction of the Baldwin County Commission. The Fairhope Airport Board hereby assures that it will take positive steps to persuade the Baldwin I County Commission to adopt land use controls for those lands in the vicinity of the airport for the purpose of assuring the compatibility of the devel- opment of such lands with airport operations. FAIRHOPE AIRPORT BOARD City of Fairhope Now"ser,e�m"�Bt, JAMES P. NIX MAYOR P. O. DRAWER 429 FAIRHOPE. ALABAMA 36532 CAROLYN A. ADAMS CITY CLERK August 19, 1977 FROM: Fairhope Municipal Airport Board TO: Mr. Marvin Sumlin Marvin Sumlin Construction Company 2858 Mill Street Mobile, Alabama 36607 COUNCILMEN: DAVID E. BISHOP HENRY G. BISHOP SAMUEL E. BOX JACK A. STIPES BILLY DON WIGGINS RE: Construction Project, " Improvements to Fairhope Municipal Airport ", FAA Project # ADAP-5-01-0029-02 Bids were received by the City Clerk of the City of Fairhope, Alabama for the referenced construction project until August 4, 1977, at 2:30 P.M.,CST, at which time they were opened and read aloud. The bid opening was held at the City of Fairhope Adminis- tration Building on the day and at the time specified in the " Instructions to Bidders ", and by subsection 20-01 of specifica- tions ML-501, " Improvements to Fairhope Municipal Airport ". Your bid proposal for the referenced project was received on August 11, 1977, or one week after the bid opening. In accordance with the provisions of Section 20 of specifications ML-501, your bid proposal is returned. It has not and will not be considered. You will also note that the envelope has been opened and resealed. The reason for this is that it was not marked in accordance with the " Instructions to Bidders ", Page 1, of Specifications ML-501. This resulted in the inadvertant opening of your proposal envelope. ( continued page,2 ) THE CITY OWNS ITS WATER WORKS. ELECTRIC DISTRIBUTION SYSTEM. GAS SYSTEM AND SEWERAGE SYSTEM k� L I I I I ' I I i I I I I August 19, 1977 1 Marvin Sumlin Page No. 2 I I I I Also, two (2) sets of Plans and Specifications were picked up by you or by persons acting under your instructions. Only one (1) set was paid for. Please forward your check in the amount of twenty-five dollars and no cents ( $25.00 ), made out to the Fairhope Airport Board, City of Fairhope. Sincerely, Fairhope Airport Board n 1 I i I �