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HomeMy WebLinkAbout03-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 3-25 File Number: 2024-01093 ARKANSAS DEPARTMENT OF AERONAUTICS (GRANT APPLICATION): A RESOLUTION TO AUTHORIZE THE MAYOR TO APPLY FOR AND ACCEPT AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $36,922.00 FOR STORM DRAINAGE SYSTEM REPAIRS COMPLETED AS PART OF THE FYV RUNWAY PAVEMENT AND LIGHTING REHABILITATION PROJECT AT DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT 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 Mayor Rawn to submit an application for an Arkansas Department of Aeronautics (ADA) Grant in the amount of $36,922.00 for storm drainage system repairs completed as part of the FYV Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of the grant and authorizes Mayor Rawn to execute the grant agreement and any other documents necessary to receive the funds. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on January 7, 2025 Approved: E-SIGNED by Molly Rawn on 2025-01-14 21:49:09 GMT Molly Rawn, Mayor Attest: �\ / "\\' � K TI�F�/jam/i E-SIGNED by Kara PaxtiO�:• on 2025-01-14 22:25:08 FAYETTEVILLE: Kara Paxton, City Clerk Treasure G�•;9 S 5. N /111110 Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 7, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Susan Norton, Chief of Staff FROM: Jared Rabren, Airport Director SUBJECT: FYV Runway Lighting and Rehab ADA Grant Apply and Accept RECOMMENDATION: 2024-01093 Staff requests approval for the Aviation Division to submit and accept an Arkansas Department of Aeronautics (ADA) grant application in the amount of $36,922.00, and to process a budget adjustment to accept the funds upon grant award from the ADA. This ADA grant will reimburse the City's 10% share of the Federal Aviation Administration (FAA) grant amendment amount used to fund storm drainage system repairs completed as part of the FYV Runway Pavement and Lighting Rehabilitation project at Fayetteville -Drake Field. BACKGROUND: Fayetteville -Drake field is served by a single asphalt runway (Runway 16-34) that was extended to its current length in 1966. The runway has seen multiple overlay rehabilitations since that time, with the last overlay completed in 1986. Since that time, the condition of the asphalt pavements has been maintained through a combination of crack sealing and rejuvenating seal coats. This routine maintenance has provided a pavement life far beyond the 20-year design life of the 1986 overlay project. However, the pavement condition has gradually deteriorated to a point that warrants more substantial rehabilitation. A recent pavement condition assessment of the runway completed by the Arkansas Department of Aeronautics noted that the runway pavement was approaching its "Critical PCI". The Critical PCI is the point at which the cost of rehabilitation increases exponentially with time. This project is intended to provide a pavement rehabilitation alternative that will bring the Runway 16-34 pavement back to a satisfactory condition and extend the useful life of the pavements for a minimum of 20 years. The project will also include rehabilitation of various aspects of the existing airfield lighting and signage system to improve airport safety and efficiency. Runway edge light fixtures will be upgraded to LED and fixture spacing will be reviewed to confirm conformation to FAA standards. A recent FAA Part 139 inspection found erosion around the existing stake -mounted airfield signage fixtures. This will be addressed by installing new concrete sign foundations to provide a more reliable and maintainable signage system. Airfield signage will be upgraded to LED and naming conventions reviewed based on FAA guidance. A new standalone electrical vault will be constructed to house the airfield lighting power and control equipment. The current vault is located in an existing T-hangar and is not NEC compliant. This project was originally programmed for Design in 2021 and Construction in 2022. However, in October 2020, the FAA notified the City of Fayetteville that additional federal funds were available in 2021 to complete the entire project (Design and Construction). To receive this additional funding, the FAA requested the City of Fayetteville change their project schedule to complete the competitive bidding process by Summer 2021. The Airport entered into an agreement with Garver, LLC to render design and bidding services for the project (Task Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Order 02). Construction bids were received on June 2, 2021. At the request of the FAA, a value engineering process was undertaken after bid opening to identify potential cost saving measures. The construction cost was subsequently negotiated with the low bidder based on the revised scope to bring the project within available funding limits. Ruts and depressions were identified within the runway safety area (RSA) during an FAA Part 139 inspection completed late Summer of 2021. Following the FAA's inspection, the City completed CCTV camera inspection of the existing storm drainage system. Major deficiencies were discovered within the aging drainage infrastructure, most of which date back to the 1960s and 1970s. These deficiencies were the cause of the RSA surface issues documented by FAA. Council approved Task Order 02 Amendment 01 with Garver, LLC for design of storm drain system repairs and Change Order 01 with Emery Sapp and Sons to add storm drain repair pay items to the construction contract. DISCUSSION: Construction of the Runway Pavement and Lighting Rehabilitation project was substantially complete October 2023. Documentation for a grant amendment was submitted for FAA review on April 8, 2024, and approved by the FAA on June 6, 2024. The approved grant amendment of $332,300.00 funds 90 percent of additional AIP- eligible costs attributed to the additional drainage improvements. The FAA grant closeout process is complete as reflected in the Grant Closeout Letter dated September 11, 2024. This Arkansas Department of Aeronautics (ADA) matching grant application will fund the remaining 10 percent of AIP-eligible cost of the FAA grant amendment amount. Costs attributed to the City for this project total $28,114.90 which represents the costs for non -FAA eligible Contractor insurance and the stormwater quality enhancements. Below is a summary of final project costs and funding breakdown for the project. Administration and Other Costs* $10,000.00 Garver Task Order 02 (Design and Bidding) *: $325, 350.00 Garver Task Order 03 (Construction Phase Svcs)*: $234, 664.89 Final Construction Contract W/Change Orders*: $5,910,998.01 Garver Task Order 02 Amendment 01 * $30, 400.00 Garver Task Order 03 Amendment 01*: $21,764.00 TOTAL: $6,533,176.90 *Previously approved by the City Council. BUDGET/STAFF IMPACT: FAA (AIP): $5,522,256.00 FAA (ARPA): $613,584.00 FAA Grant Amendment: $332,300.00 ADA Grant: $36,922.00 City: $28,114.90 TOTAL: $6,533,176.90 This Arkansas Department of Aeronautics grant will reimburse the City for the remaining 10 percent of eligible project costs of the FAA grant amendment amount $36,922.00. ATTACHMENTS: SRF (#3) (1), BA (#4), ADA Grant Application Runway Rehab - Final (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-01093 FYV Runway Lighting and Rehab ADA Grant Apply and Accept A RESOLUTION TO AUTHORIZE THE MAYOR TO APPLY FOR AND ACCEPT AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $36,922.00 FOR STORM DRAINAGE SYSTEM REPAIRS COMPLETED AS PART OF THE FYV RUNWAY PAVEMENT AND LIGHTING REHABILITATION PROJECT AT DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT 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 Mayor Rawn to submit an application for an Arkansas Department of Aeronautics (ADA) Grant in the amount of $36,922.00 for storm drainage system repairs completed as part of the FYV Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of the grant and authorizes Mayor Rawn to execute the grant agreement and any other documents necessary to receive the funds. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Jared Rabren Submitted By City of Fayetteville Staff Review Form 2024-1093 Item ID 1/7/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/17/2024 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation Division to apply and accept an Arkansas Department of Aeronautics (ADA) grant application in the amount of $36,922.00, and to process a budget adjustment to accept the funds upon grant award from the ADA. This ADA grant will reimburse the City's 10% share of the Federal Aviation Administration (FAA) grant amendment amount used to fund storm drainage system repairs completed as part of the FYV Runway Pavement and Lighting Rehabilitation project at Fayetteville -Drake Field. Budget Impact: 5550.760.3960-4302.00 Airport Account Number Fund 32101.2021 Runway Rehab Project Number Project Title Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Available Budget $ - Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment $ 36,922.00 Remaining Budget 36,922.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 188-24 Change Order Number: Approval Date: 7/16/2024 Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number AIRPORT SERVICES (760) /Org2 2025 (BY) Requestor: Dee Simpson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff requests approval for the Aviation Division to submit and accept an Arkansas Department of Aeronautics (ADA) grant application in the amount of $36,922.00, and to process a budget adjustment to accept the funds upon grant award from the ADA. This ADA grant will reimburse the City's 10% share of the Federal Aviation Administration (FAA) grant amendment amount used to fund storm drainage system repairs completed as part of the FYV Runway Pavement and Lighting Rehabilitation project at Fayetteville -Drake Field. COUNCIL DATE: ITEM ID#: 1/7/2025 2024-1093 Kevin Springer 7212012024 77:36' RM Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.20241210 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5550.760.3940-4999.99 (36,922) RE Use Fund Balance - Current 5550.760.3960-4302.00 - 36,922 32101 2021 RE State Grants - Capital I of 1 Ii CITY OF FAYETTEVILLE ARKANSAS December 13, 2024 Jerry Chism Arkansas Department of Aeronautics 2315 Crisp Drive Hangar 8 Little Rock, AR 72202 Re: Fayetteville — Drake Field Airport (FYV) Runway Pavement and Lighting Rehabilitation Application for Airport Aid Dear Mr. Chism: The City of Fayetteville appreciates the continued partnership of the Arkansas Department of Aeronautics in improving Fayetteville — Drake Field. In continuation of this partnership, we are pleased to submit to you this enclosed application for state airport aid. Within the past year, Fayetteville — Drake Field utilized an FAA AIP grant to complete a runway rehabilitation and lighting improvement project. The funding plan for the original grant amount included a 90% FAA AIP grant with the remaining 10% covered through the American Rescue Plan Act (ARPA) program. Prior to the start of the project, a FAA Part 139 inspection found structural deficiencies in the airport's existing drainage system outside the scope of the runway project. However, given the proximity to the project, the FAA supported adding storm drainage system repairs within the Runway Safety Area to the project. Scope of the drainage repairs included replacing the 50-plus year old drainage structures and a combination of repair and replacement of damaged storm drainage pipe. Funding for the additional scope was provided through a grant amendment coordinated at the conclusion of the project. We respectfully request consideration of this matching grant in the amount of $36,922.00 (10% match of the FAA grant amendment amount) on the upcoming agenda. We greatly appreciate your consideration of this grant. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Please call me or Kyle Bennett with Garver if you have any questions or comments. Sincerely, The Honorable Lioneld Jordan Mayor City of Fayetteville Attachments: State Airport Aid Application Final Project Budget Final Form SF-271 Executed Grant Amendment Executed Grant Agreement (Original) FAA Grant Closeout Letter Cc: Kyle Bennett, Garver State Airport Aid Application Page The City of Fayetteville, Arkansas , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Arkansas, Washington county. Date of Request: 12/13/2024 Name of Airport: Fayetteville — Drake Field Name and address of City/ sponsoring request: City of Fayetteville Arkansas 113 W. Mountain Street Fayetteville, AR 72701 Person to Contact about project: Jared Rabren Airport Director Fayetteville — Drake Field Phone Number: 479-718-7642 Phone Number: 479-575-8330 Cell Number: Fax Number: 479-585-8257 Fax Number: Name and address of Engineering Firm (if applicable): Garver. LLC 2049 E. Joyce Blvd, Suite 105 Fayetteville, Arkansas 72704 479-718-7646 Contact Person: Kyle Bennett, P.E. Phone/Fax Number: 479-527-9100 Describe the work to be accomplished: Work completed under this grant (amendment)included repairs to the storm drainage system within the Runwav Safetv Area. More saecifically. work included replacing fifteen (15) drainage boxes, complete replacement of two (2) storm drain crossings beneath Runwav 16. and constructing twentv-six (26) pipe collars to repair aging storm drainage pipe. State and Local Project Costs: Please indicate: O 50-50% Match O 80-20% Match O 90-10% Match O 100% Total Cost of Project Local Share/Funds Local Share/In-Kind State Share Federal AIP Projects: AIP Number: 3-05-0020-050-2021 O 95-5% Match f 90-10% Match Total Cost of Project: $369,222.90* Federal Share: $332,300.00 State Share: $36,922.00 Local Share: $0.90 *AIP Eligible Costs Reimbursed by Grant Amendment 7-1-18 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: FAA (90%), ADA (10%) City (Remainder) Source of In -Kind Services: N/A Estimated starting date of project: May 2022 Estimated completion date of project: September 2024 Project will be for: New ^ ifpoft Existing Airport Is land to be leased or purchased? N/A Description of land and cost per acre: N/A Provide the Federal AIP Grant Number (if applicable): 3-05-0020-050-2021 State Legislators for your area: State Senator: Greg Leding State Representative: Denise Garner 7-1-18 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument affecting use of the property for an airport. In application for a new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The application must be based on bids and include a calculated return on investment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to receive prior approval from A.D.A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. Additionally, all hgr/building grant applications must include proof of insurance coverage. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport. All grant applicants (City and/or County) are totally responsible for compliance with all Federal, State, County, and City laws, Statutes, Ordinances, Rules, Regulations, and Executive Orders concerning contracts and purchases for which this grant is approved and issued. It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Amendment requests are to be made only under extraordinary circumstances. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment of grant funds are contingent upon the Department's annual appropriation. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this 7 day of January 2024 The Honorable Molly Rawn Name of Sponsor E-SIGNED by Molly Rawn on 2025-01-14 21:49:12 GMT Authorized Signature Title 7-1-18 CITY OF FAYETTEVILLE FYV RUNWAY PAVEMENT AND LIGHTING REHABILITATION FINAL PROJECT BUDGET ITEM SPEC. FINAL UNIT EXTENDED NO. NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 SS-120-3.1 Construction Safety and Security LS 1.00 $132,730.00 $132,730.00 2 SS-220-5.1 Pavement Edge Grading LF 8,405.00 $4.35 $36,561.75 3 SS-221-5.1 Paving Fabric SY 77,859.00 $3.00 $233,577.00 4 SS-222-5.1 Haul Road Repair Full Depth) SY 652.00 $107.00 $69,764.00 5 SS-222-5.2 Haul Road Repair 2" Mill and Overlay) SY 0.00 $78.40 $0.00 6 SS-300-5.1 Lockout/Tagout and Constant Current Regulator Calibration Procedures LS 1.00 $845.00 $845.00 7 SS-300-5.2 Electrical Vault Modifications LS 1.00 $2,030.00 $2,030.00 8 SS-300-5.3 SS-300-5.4 Generator and Transfer Switch System, Installed LS Existing ATCT Modifications, Installed LS 1.00 1.00 73.00 16.00 $118,650.00 $3,100.00 $118,650.00 9 $3,100.00 10 SS-301-5.1 SS-301-5.2 Existing Base Mounted Runway Edge Light, Removed EA $57.00 $282.00 $4,161.00 $4,512.00 11 Existing Base Mounted Taxiway Edge Light, Removed and Stored with Base Demolished EA 12 SS-301-5.3 Existing Stake Mounted Guidance Sign, Removed EA 49.00 $170.00 $8,330.00 13 SS-301-5.4 SS-301-5.5 Existing Base Mounted Guidance Sign, Removed EA 5.00 $565.00 $565.00 $2,825.00 14 Existing Base Mounted Guidance Sign, Removed and Stored with Foundation Demolished EA 1.00 $565.00 15 SS-305-5.1 Directional Boring, 1-Way 2"C Polyethylene Conduit LF 1,046.00 $40.00 $41,840.00 16 SS-305-5.2 Directional Boring, 2-Way 2"C Polyethylene Conduits LF 445.00 $51.00 $22,695.00 17 SS-310-5.1 Temporary Airfield Lighting LS 1.00 $12,475.00 $12,475.00 18 C-100-14.1 Contractor Quality Control Program CQCP LS 1.00 $85,600.00 $85,600.00 19 C-102-5.1 Temporary Erosion Control LS 1.00 $17,500.00 $17,500.00 20 C-105-6.1 Mobilization Maximum 5% of Total Bid LS 1.00 $260,000.00 $260,000.00 21 P-101-5.1a Asphalt Concrete Pavement Removal SY 939.00 $23.70 $22,254.30 22 P-101-5.1b Concrete Pavement Removal SY 1,574.00 $28.20 $44,386.80 23 P-101-5.2 Joint and Crack Repair 1/2" or Greater LF 876.00 $3.60 $3,153.60 24 P-101-5.3 Pavement Markings Removal SF 30,352.00 $1.80 $54,633.60 25 P-101-5.4a Cold Milling 0-1" SY 65,986.14 $3.75 $247,448.03 26 P-101-5.4b Cold Milling 1%3" SY 9,906.50 $7.80 $77,270.70 27 P-152-4.1 Unclassified Excavation CY 0.00 $42.85 $0.00 28 P-152-4.2 Unsuitable Excavation CY 123.56 $56.40 $6,968.78 29 P-209-5.1 Crushed Aggre ate Base Course 6" Thickness SY 0.00 $16.00 $0.00 30 P-209-5.2 Crushed Aggregate Base Course (0-4" Thickness) SY 1,554.00 $11.00 $17,094.00 31 P-401-8.1a Asphalt Hot Mix Surface Course TN 11,844.93 $152.00 $1,800,429.36 32 P-401-8.1 b Asphalt Hot Mix Surface Course for Test Section TN 250.00 $341.00 $85,250.00 33 P-401-8.1c Asphalt Hot Mix Leveling Course TN 138.88 $177.00 $24,581.76 34 P-403-8.1 Asphalt Hot Mix Base Course TN 501.38 $156.00 $78,215.28 35 P-620-5.1a Runway and Taxiway Markin Reflective SF 104,386.00 $0.82 $85,596.52 36 P-620-5.1b Runway and Taxiway Markin Non -Reflective SF 39,557.00 $0.79 $31,250.03 37 P-620-5.1c Runway and Taxiway Markin (Temporary) SF 47,952.51 $0.71 $34,046.28 38 P-621-5.1 Grooving SY 53,200.00 $1.85 $98,420.00 39 D-701-5.1 24" Reinforced Concrete Pie Class III LF 0.00 $105.50 $0.00 40 D-751-5.1 4' x 4' Airfield Grate Inlet EA 0.00 $12,972.00 $0.00 41 T-901-5.1 Seeding AC 8.38 $2,250.00 $18,855.00 42 T-904-5.1 Sodding SY 10,295.00 $4.20 $43,239.00 43 T-905-5.1 Topsoil Furnished from Off the Site No. 8 AWG, 5kV, L-824, Type C Cable, Installed in Trench, Duct Bank or Conduit CY LF 156.50 22,776.00 $42.90 $6,713.85 44 L-108-5.1 $3.38 $76,982.88 a- GARVER No. 6 AWG, Solid, Bare Copper Counterpoise 45 L-108-5.2 Wire, Installed in Trench, Including LF 15,861.00 $3.95 $62,650.95 L-108-5.3 Connections/Terminations 46 Trenching for Direct -Buried Bare Counterpoise LF 13,715.00 $2.26 $30,995.90 Wire, 8" Minimum Depth 47 L-108-5.4 ATCT Remote L-821 Panel Communication Cable, LF 1,750.00 $16.92 $29,610.00 Installed in Duct Bank or Conduit 48 L-109-7.1 Construction of Prefabricated Concrete Vault LS 1.00 $135,360.00 $135,360.00 Building and Foundation in Place 49 L-109-7.2 Installation of Prefabricated Concrete Vault LS 1.00 $169,200.00 $169,200.00 Buildin Equipment in Place 300.00 50 L-110-5.1 Flowable Fill Encased Electrical Conduit, 1-Way LF $39.50 $11,850.00 2"C 51 L-110-5.2 Non -Encased Electrical Conduit, 1-Way 2"C LF 14,459.00 $7.35 $106,273.65 52 L-110-5.3 Non -Encased Electrical Duct Bank, 4-Way 4"C LF 55.00 $84.60 $4,653.00 53 L-115-5.1 Concrete Encased Electrical Junction Structure, L- EA 11.00 $1,355.00 $14,905.00 867 Class 1, Size 16" Diameter by 24" Depth 54 L-125-5.1 L-858(L), Size 1, Base Mounted, 1-Module EA 8.00 $4,960.00 $39,680.00 Guidance Sign, Installed 55 L-125-5.2 L-858(L), Size 1, Base Mounted, 2-Module EA 19.00 $5,585.00 $106,115.00 Guidance Sign, Installed 56 L-125-5.3 L-858(L), Size 1, Base Mounted, 3-Module EA 21.00 $6,655.00 $139,755.00 Guidance Sign, Installed 57 L-125-5.4 L-858(L), Size 5, Base Mounted, Runway Distance EA 5.00 $7,165.00 $35,825.00 Remainina Sian, Installed 58 L-125-5.5 Existing L-858(L) Guidance Sign, Reinstalled on EA 1.00 $7,670.00 $7,670.00 New Base with New Panels 59 L-125-5.6 L-861(L) Base Mounted Runway Edge Light, EA 56.00 $1,695.00 $94,920.00 Installed 60 L-125-5.7 L-861 E(L) Base Mounted Runway Threshold Light, EA 16.00 $2,820.00 $45,120.00 Installed in Asphalt Pavement 61 L-125-5.8 L-861T(L) Base Mounted Taxiway Edge Light, EA 0.00 $1,635.00 $0.00 Installed 62 L-125-5.9 Existing Stored L-861T(L) Taxiway Edge Light, EA 24.00 $1,355.00 $32,520.00 Installed on New Base 63 SP-C-01a Bonds LS 1.00 $64,500.00 $64,500.00 64 SP-C-01b Owner's Protective Insurance LS 1.00 $1.00 $1.00 65 SS-140-5.1 Pavement Removal Storm Drain Crossings) SY 300.00 $40.00 $12,000.00 66 SS-140-5.2 Inlet/Junction Box Removal SY 15.00 $1,750.00 $26,250.00 67 SS-140-5.3 Drainage Pipe Removal LF 938.00 $55.40 $51,965.20 68 SS-223-5.1a Storm Drain Crossing Repair -Taxiway Pavement SY 0.00 $173.00 $0.00 69 SS-223-5.1 b Storm Drain Crossing Repair -Runway Pavement SY 300.00 $152.00 $45,600.00 70 D-701-5.1a 15" Reinforced Concrete Pie Class IV LF 70.00 $109.04 $7,632.80 71 D-701-5.1b 18" Reinforced Concrete Pie Class IV LF 724.00 $105.00 $76,020.00 72 D-701-5.1c 21" Reinforced Concrete Pie Class IV LF 16.00 $148.00 $2,368.00 73 D-701-5.1d 24" Reinforced Concrete Pie Class IV LF 40.00 $148.00 $5,920.00 74 D-701-5.1e 36" Reinforced Concrete Pie Class IV LF 40.00 $200.00 $8,000.00 75 D-701-5.1f 42" Reinforced Concrete Pie Class IV LF 32.00 $214.00 $6,848.00 76 D-701-5.1 g 23"x14" Reinforced Elli ical Pie Class IV LF 16.00 $177.00 $2,832.00 77 D-701-5.2a 15" Reinforced Pipe Collar EA 2.00 $800.00 $1,600.00 78 D-751-5.2b 18" Reinforced Pipe Collar EA 13.00 $800.00 $10,400.00 79 D-751-5.2c 21" Reinforced Pipe Collar EA 2.00 $800.00 $1,600.00 80 D-751-5.2d 24" Reinforced Pipe Collar EA 11.00 $800.00 $8,800.00 81 D-751-5.2e 36" Reinforced Pipe Collar EA 4.00 $1,200.00 $4,800.00 82 D-751-5.2f 42" Reinforced Pipe Collar EA 8.00 $1,300.00 $10,400.00 83 D-751-5.2g 23"x14" Elliptical to 18" Circular Reinforced Pipe EA 1.00 $1,000.00 $1,000.00 Collar 84 D-751-5.1a 4' x 4' Airfield Grate Inlet EA 5.00 $13,250.00 $66,250.00 85 D-751-5.1 b 4' x 4' Alternate Single Grate Inlet EA 3.00 $13,500.00 $40,500.00 86 D-751-5.1c 5' x 3' Airfield Single Grate Inlet EA 1.00 $13,950.00 $13,950.00 87 D-751-5.1d 5' x 5' Airfield Double Grate Inlet EA 1.00 $19,950.00 $19,950.00 88 D-751-5.1e Tx 3' Airfield Triple Grate Inlet EA 2.00 $25,500.00 $51,000.00 89 D-751-5.1f Tx 6' Airfield Triple Grate Inlet EA 1.00 $30,200.00 $30,200.00 90 D-751-5.1 g Tx 3' Airfield Junction Box EA 2.00 $11,900.00 $23,800.00 91 CO-01.1 AS-4 A uaSwirl Water Treatment Unit EA 1.00 $28,113.00 $28,113.00 92 CO2.01 ARDOT Section 207 Stone Backfill, Installed CY 340.00 $132.05 $44,897.00 93 CO2.02 Geo rid Subgrade Stabilization LS 1.00 $1,750.00 $1,750.00 94 CO2.03 Gate Loop Detectors, Installed LS 1.00 $1,000.00 $1,000.00 95 CO3.01 Cold Milling 2" Uniform Depth) SY 34546.89 $7.40 $255,646.99 96 CO4.01 Storm Drain Repair Excavation & Backfill EA 15.00 $250.00 $3,750.00 TOTAL CONSTRUCTION COST $5,910,998.01 ADMINISTRATION EXPENSES $10,000.00 ARCHITECTURAL ENGINEERING BASIC FEES Surveys $13,650.00 Geotechnical Services $40,950.00 Nondestructive Testing (NDT) $31,150.00 Pavement Condition Analysis $8,800.00 Preliminary Design - Runway Rehabilitation $82,000.00 Preliminary Design - Lighting Rehabilitation $54,900.00 Final Design - Runway Rehabilitation $52,700.00 Final Design - Lighting Rehabiliation $29,950.00 Bidding Services $11,250.00 TOTAL ARCHITECTURAL ENGINEERING BASIC FEES $325,350.00 OTHER ARCHITECTURAL ENGINEERING FEES Final Design Services - Storm Drain Repairs (Task Order 02 - Amendment 01) $30,400.00 TOTAL OTHER ARCHITECTURAL ENGINEERING FEES $30,400.00 PROJECT INSPECTION FEES On -Site Construction Observation Services $123,000.00 Construction Administration Services $62,000.00 Closeout Services $10,000.00 Construction Materials Testing $39,664.89 Additional Construction Phase Services (Task Order 03 - Amendment 01) $21,764.00 TOTAL PROJECT INSPECTION FEES $256,428.89 NON-AIP ELIGIBLE ITEMS 64 SP-C-01b jOwners Protective Insurance LS 1.00 $1.00 $ 91 CO-01.1 AS-4 AquaSwirl Water Treatment Unit EA 1.00 $28,113.00 $28,11 TOTAL NON-AIP ELIGIBLE ITEMS TOTAL PROJECT COST AIP-ELIGIBLE $6,505,062,90 PROJECT FUNDING Executed AIP Grant 3-05-0020-050-2021: $6,135,840.OI Federal Aviation Administration AIP (90%) $5,522,256.00 Federal Aviation Administration ARPA (10%) $613,584.00 Grant Amendment Federal Aviation Administration AIP Grant Amendment (90%) $332,300.00 Arkansas Deartment of Aeronuatics (10%) $36,922.00 City of Fayetteville Remainder $28,114.90 TOTAL FUNDING $6,533,176.90 a- GAFtVM OUTLAY REPORT AND REQUEST FOR REIMBURSEMENT FOR CONSTRUCTION PROGRAMS Approved Modified SF-271 1. Type of Request I Annual 1 1 2. Basis of Request Cash 3. Federal Agency and Organizational Element to 4. Federal Grant or Other Identifying Number Assigned by Federal Agency Which Report is Submitted (To report multiple grants, use FFR Attachment) FAA/ACE-610 3-05-0020-050-2021 5. PARTIAL PAYMENT REQUEST 6. EIN 7. FINANCIAL AIN 8. PERIOD OF THIS REQUEST From: F 10/1/2023 To: 12024 FINAL 71-6019462 1 9/30/2024 9. Recipient Organization (Name and complete address including Zip code) Name: Fayetteville, Drake Field Streetl: 4500 S School Avenue, Suite F City/State Fayetteville, AR Street2: County: Washington Zip Code 72701-8016 Province: N/A Country: US:United States 10. PAYEE (Where check is to be sent if different than item 9) Name: Streetl: City/State Street2: _ County: Zip Code Province: I N/A Country: US:United States 11. STATUS OF FUNDS (Calculated Based On Time Period In Box 8) Classification PROGRAMS [a] FUNCTIONS [b] ACTIVITIES [c] (Cumulative Costs) TOTAL Previous Payments Current Payments Later Payments ADMINISTRATIVE EXPENSE $ 6,567.04 $ 3,432.96 $ - $ 10,000.00 PRELIMINARY EXPENSES $ $ $ $ LAND, STRUCURES, RIGHT-OF-WAY $ $ - $ $ ARCHITECTURAL ENGINEERING BASIC FEE $ 325,350.00 $ $ $ 32S,350.00 OTHER ARCHITECTURAL ENGINEERING FEI 23,860.00 $ 6,540.00 $ $ 30,400.00 PROJECT INSPECTION FEES $ 212,062.96 $ 44,365.93 $ $ 256,428.89 LAND DEVELOPMENT $ - $ - $ $ RELOCATION EXPENSES $ $ $ $ RELOCATION PAYMENTSTO IND.& BUSIN $ $ $ $ DEMOLITION AND REMOVAL $ - $ $ $ - CONSTRUCTION AND PROJECT IMPROVEN $ 4,954,413.73 $ 891,547.99 $ $ 5,845,961.72 EQUIPMENT $ - $ - $ $ MISCELLANEOUS $ - $ - $ $ n. Total to date (sum a thru m) $ 5,522,253.73 $ 945,886.88 $ $ 6,468,140.61 o. Deductions for program income $ - $ - $ $ p. Net to date (line n minus line o) S 5,522,253.73 $ 945,886.88 $ $ 6,468,140.61 q. Federal share to date $ 5,522,253.73 $ 945,886.88 $ $ 6,468,140.61 r. Rehab. grants (100% reimb.) $ $ $ $ s. Total Federal share (sum q and r) $ 5,522,253.73 $ 94S,886.88 $ t. Federal payments prev. requested $ 5,522,25C u. Amount requested for reimb. $ 945,890v. ol*,140.00 project's physical completion % 85.38% 14.62% 12. Certification: By signing this report, I certify that it is true, complete, and accurate to the best of my knowledge. I am aware that any false, fictitious, or fraudulent information may subject me to criminal, civil or administrative penalties. (U.S. Code, Title 18, section 1001) a. RECIPIENT Name: The Honorable Lioneld Jor an Title: Mayor Phone 479-57 - 330 Email Address: mayor@fayetteville-ar.gov Si *nature: Date Signed: b. REPRESEN TIVE CERTIFYING NE 11V Name Kyle Bennett, P.E. ` Title: Project Manager Phone 479-527-9100 Email Address:!,--KABennett@GarverUSA.com Signature: L<<` ' Date Signed: F 6/19/2024 Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0004), Washington, DC 20S03. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. U.S. Department Arkansas/Oklahoma FAA ASW-630 of Transportation Airports District Office 10101 Hillwood Pkwy Federal Aviation Southwest Region Fort Worth, TX 76177 Administration The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain St., Fayetteville, AR 72701 Dear Mayor Jordan: Drake Field Airport City of Fayetteville AIP Grant No 3-05-0020-050-2021 UEI No JNDMR7IAKHT3 Letter Amendment (Amendment No.1) This is in response to your letter dated June 6, 2024, requesting an amendment to the Grant Agreement for the subject AIP project to: include the repair of storm drainage system components within the runway safety area and increase the maximum obligation of the United States as set forth in the Grant Agreement accepted by the Sponsor, on September 10, 2021. We concur that the repair of the storm drainage system was critical and incidental to the rehabilitate runway project and therefore are allowable costs under this grant. This letter, together with your letter, effects the amendment, as requested, and commits the Federal Aviation Administration, acting for and on behalf of the United States of America to increase the maximum obligation of the United States by $332,300 (from $6,135,840 to $6,468,140) to cover the Federal share of the total actual eligible and allowable project costs. Under the terms of the Grant Agreement, this document is incorporated into and constitutes Amendment No. 1 to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. Sincerely, by G LE N N A DiitallyGLENN A BOLLES Date: 20 BOLES 07:3830-0500'7 Glenn A. Boles, Manager Arkansas/Oklahoma Airports District Office CITY or WA FAYETTEVILLE ARKANSAS April 8, 2024 Federal Aviation Administration Attn: Ms. Lauren Kennedy 10101 Hillwood Parkway Fort Worth, TX 76177 Re: Fayetteville — Drake Field FYV Runway Pavement and Lighting Rehabilitation FAA Grant Amendment (3-05-0020-050-2021) Dear Ms. Kennedy: The FYV Runway Pavement and Lighting Rehabilitation Project will require an amendment to the grant budget due to additional scope added for repair of existing storm drainage system components within the runway safety area (RSA). Major deficiencies were identified in the existing storm drainage system between late Summer and early Fall of 2021 after the FAA's Part 139 inspector noted surface irregularities within RSA. Repair options and funding needs were discussed with the Airport and FAA in October and November of 2021. Correspondence with the FAA supported inclusion of storm drainage system repairs as incidental work within the Runway Pavement and Lighting Rehabilitation project, with additional funding needs to be provided through a grant amendment at the conclusion of the project. Storm drain repair items were added to the construction contract via Change Order 01. Additional engineering services to complete design of the storm drain repairs were added to the project by contract amendment (Task Order 02 - Amendment 01). Additional construction phase services for additional work completed due to contract time added by Change Order 01 were added to the project by separate contract amendment (Task Order 03 — Amendment 01). The additional cost of the AIP eligible portion of Change Order 01 plus added design and construction phase services totals $606,624.20; however, much of this cost was able to be offset by underruns in various other pay items during construction. A full breakdown of the final project budget is attached. A summary of final project costs and revised funding plan is provided below. Project Costs Original AIP-Eligible Project Costs (Executed Grant Amount) $6,135,840.00 Final AIP-Eligible Project Costs $6,505,062.90 Total AIP-Eligible Cost Increase $369,222.90 Grant Amendment Total Cost Increase (AIP Eligible) $369,222.90 Federal Aviation Administration AIP (90%) $332,300.00 Revised Funding Plan Federal Aviation Administration AIP (Original Grant Funds) $5,522,256.00 Federal Aviation Administration ARPA (Original Grant Funds) $613,584.00 Federal Aviation Administration AIP (90% of Grant Amendment) $332,300.00 Arkansas Department of Aeronautics (10% of Grant Amendment) $36,922.00 City of Fayetteville (Remainder) $28,114.90 The current executed grant amount for this project is $6,135,840.00. We request the FAA's consideration of a Grant Amendment to increase the amount of the grant to $6,468,140.00 as indicated in the attached Final Project Budget and FAA Form 5100-100. CITY or FAME ' TE ILLE ARKANSAS Please call me if you have any questions. Sincerely, Jared Rabren Airport Director Attachments: Final Project Budget FAA Form 5100-100 (Budget Sheet) Change Order 01 Garver Task Order 02 Amendment 01 Garver Task Order 03 Amendment 01 Record of Negotiations 3-05-0020-050-2021 U.S. Department Transportation Airports Division of Trans p Southwest Region 10101 Hillwood Parkway Federal Aviation Arkansas, Oklahoma Fort Worth, TX 76177 Administration August 25, 2021 Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan: We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP) Project No. 3-05-0020-050-2021 at Drake Field Airport in Fayetteville, Arkansas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than September 10, 2021 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you to complete the project without undue delay. We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement_ of allowable incurred project expenses consistent with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status, which will affect your ability to receive future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF-270 (non -construction projects) or SF-271 or equivalent (construction projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Performance Reports, which are due within 30 days of the end of a reporting period as follows: 1. Non -construction project: Due annually at end of the Federal fiscal year. Construction project: Submit FAA form 5370-1, Construction Progress and Inspection Report at the end of each fiscal quarter. 3-05-0020-050-2021 As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. Femi Adeoye, P.E, (817) 222-5986, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Glenn Boles Glenn Bole 'raF.E_= 25; 2021 13':S CDT Glenn A. Boles, Manager Arkansas/Oklahoma Airports District Office 201 3-05-0020-050-2021 U.S. Department of Transportation Federal Aviation Administration FAA Airport Improvement Program (AIP) GRANT AGREEMENT Part I - Offer Federal Award Offer Date August 25, 2021 Airport/Planning Area Drake Field Airport FY2021 AIP Grant Number 3-05-0020-050-2021 Unique Entity Identifier 134398903 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 FAA a Project Application dated July 6, 2021, for a grant of Federal funds for a project at or associated with the Drake Field Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Drake Field Airport (herein called the "Project") consisting of the following: Rehabilitate Runway & Reconstruct Runway Lighting which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; the Department of Transportation Appropriations Act, 2021 (Public Law 116- 260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances attached hereto (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; 3-05-0020-050-2021 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $6,135,840. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $ 0 for planning $ 6,135,840 airport development or noise program implementation; and, $ 0 for land acquisition. The source of this Grant includes funding from the Small Airport Fund, in accordance with 49 U.S.C. § 47116. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the period of performance provided in Paragraph a.1. Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close Out and Termination Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344). 2 3-05-0020-050-2021 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary, and any superseding legislation. 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. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, and the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"). Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project, and request prior approval from FAA. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 10, 2021, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must 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 for 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. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must 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 require advance approval by the Secretary. 10. United States Not Liable for Damage or Iniury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 3-05-0020-050-2021 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/```pages/public/­­`index.jsf. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees, 13. Informal Letter Amendment of AIP Projects. 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 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), 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 if funds are available; 3-05-0020-050-2021 c. May be increased by not more than the greater of the following for a, land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 18. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non -Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. Sub -contracts). c. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: 3-05-0020-050-2021 a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 21. Trafficking in Persons. a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients' employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; 2. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or 3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity — 1. Is determined to have violated a prohibition in paragraph a. of this condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph a. of this condition through conduct that is either — a. Associated with performance under this Grant; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this condition. d. Our right to terminate unilaterally that is described in paragraph a. of this condition: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant Agreement. 22. All? Funded Work Included in a PFC Application. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 23. Exhibit "A" Property Map. The Exhibit "A" Property Map dated 01/25/2011, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 3-05-0020-050-2021 24. Employee Protection from Reprisal. a. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph a.2. below, information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph a of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint —A complaint may not be brought under this condition more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). SPECIAL CONDITIONS 25. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Airport Sponsor Grant Assurance 11, Pavement Preventive Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. The Sponsor further agrees that the program will: Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining 7 3-05-0020-050-2021 airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; b. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. Location of all runways, taxiways, and aprons; b. Dimensions; c. Type of pavement; and, d. Year of construction or most recent major rehabilitation. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years. b. Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is: a. Inspection date; b. Location; c. Distress types; and d. Maintenance scheduled or performed. 4. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 26. Project Containing Paving Work in Excess of $500,000. The Sponsor agrees to: a. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 3-05-0020-050-2021 The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077); 4. Qualifications of engineering supervision and construction inspection personnel; 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -tolerance material. Submit interim test and quality assurance reports when requested by the FAA. Failure to provide a complete report as described in paragraph b., or failure to perform such tests, will, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the Grant Agreement. c. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 27. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. M 3-05-0020-050-2021 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, 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 Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Glean Boles (Signature) Glenn Boles (Typed Name) Manager, AR/OK Airports District Office (Title of FAA Official) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 10 3-05-0020-050-2021 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated l r —7 2( City of Fayetteville lNome of Sponsor) Authorized Official) By: / OYI�CCf �GyzY�t.K (Typed Name of Sponsor's Authorized Official) Title: r (Title of 9 onsoi s Authorized Official) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 11 3-05-0020-050-2021 CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State, the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49 U.S.C., Chapters 471 and 475; 49 U.S.C. §§ 40101, et seq., and 48103; and the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2). 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. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated at i. j i � ' - I By: (Signature of Sptsor's Attorney) 12 ASSURANCES AIRPORT SPONSORS A. General. 3-05-0020-050-2021 a. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: Airport Sponsor Assurances 2/2020 Page 1 of 18 3-05-0020-050-2021 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: FEDERAL LEGISLATION a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act — 40 U.S.C. 276(a), et seg.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seg.Z e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seg.l Z f. National Historic Preservation Act of 1966 — Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seg.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.' s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.' u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Airport Sponsor Assurances 2/2020 Page 2 of 18 3-05-0020-050-2021 EXECUTIVE ORDERS a. Executive Order 11246 — Equal Employment Opportunity' b. Executive Order 11990 — Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 — Intergovernmental Review of Federal Programs e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 — Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations].', s, ' c. 2 CFR Part 1200 — Non -procurement Suspension and Debarment. d. 14 CFR Part 13 — Investigative and Enforcement Procedures e. 14 CFR Part 16 — Rules of Practice For Federally Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport noise compatibility planning. g. 28 CFR Part 35 — Discrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1— Procedures for predetermination of wage rates.' j. 29 CFR Part 3 — Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' k. 29 CFR Part 5 — Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' m. 49 CFR Part 18 — Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 n. 49 CFR Part 20 — New restrictions on lobbying. o. 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. p. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. Airport Sponsor Assurances 2/2020 Page 3 of 18 3-05-0020-050-2021 q. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.' 2 r. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. s. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' t. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. u. 49 CFR Part 30 — Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. v. 49 CFR Part 32 — Government -wide Requirements for Drug -Free Workplace (Financial Assistance). w. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). x. 49 CFR Part 41—Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. ' These laws do not apply to airport planning sponsors. z These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. Airport Sponsor Assurances 2/2020 Page 4 of 18 3-05-0020-050-2021 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or Airport Sponsor Assurances 2/2020 Page 5 of 18 3-05-0020-050-2021 document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. .,. �.F µ, ,._ . ,.....a.,.,....��.. Airport Sponsor Assurances 2/2020 page 6 of 18 3-05-0020-050-2021 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United Airport Sponsor Assurances 2/2020 Page 7 of 18 3-05-0020-050-2021 States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. Airport Sponsor Assurances 2/2020 Page 8 of 18 3-05-0020-050-2021 e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and Airport Sponsor Assurances 2/2020 Page 9 of 18 3-05-0020-050-2021 purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Airport Sponsor Assurances 2/2020 Page 10 of 18 3-05-0020-050-2021 The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of 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, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. ;age 1,. Airport Sponsor Assurances 2/2020 P1 of 18 3-05-0020-050-2021 If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. .. Airport Sponsor Assurances 2/2020 Page 12 of 18 3-05-0020-050-2021 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and 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 Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — 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 landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. Airport Sponsor Assurances 2/2020 Page 13 of 18 3-05-0020-050-2021 Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance 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: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: Airport Sponsor Assurances 2/2020 Page 14 of 18 3-05-0020-050-2021 "The (City of Fayetteville), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair 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." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1)reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport Airport Sponsor Assurances 2/2020 Page 15 of 18 3-05-0020-050-2021 development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U. S. C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by Airort Sponsor Assurances 2 2020 P P / .,Page 16 of 18 3-05-0020-050-2021 the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of July 6, 2021. 35. Relocation and Real Property Acquisition. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponsor Assurances 2/2020 Page 17 of 18 3-05-0020-050-2021 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances 2/2020 Page 18 of 18 3-05-0020-050-2021 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current versions of FAA's Advisory Circulars (A/Cs) here: https://www.faa.gov/regulations policies/advisory circulars/ Airports A/Cs are found in the 150 series. In addition Airspace A/Cs, found in the 70 series, also may apply for certain projects. Airport Sponsor Assurances 2/2020 Page 19 of 1 CITY OF FAYETTEVILLE ARKANSAS TO: Kit Williams, City Attorney FROM: Summer Fallen, Airport Manager DATE: September 1st, 2021 SUBJECT: FAA RUNWAY AND RECONSTRUCT RWY LIGHTING Please let this memo serve as certification that the airport has completed the FAA grant accurately and that the said facility is neither out of compliance nor in any federal debt. All federal grant assurances are followed by the airport and I am aware that any false, fictitious, or fraudulent statements may be subject to criminal, civil, or administrative penalties Respectfully Submitted, r Summer Fallen Airport Director Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 r� U. S. Department Of Transportation Federal Aviation Administration September 11, 2024 The Honorable Lioneld Jordan City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Grant Closeout Letter AIP Grant Number: 3-05-0020-050-2021 Drake Field Fayetteville, AR Grant closeout date: 09/10/2024 Final grant amount: $ 6,468,140.00 Dear Mayor Jordan: FAA ASW-630 10101 Hillwood Parkway Fort Worth, TX 76177 Phone:817-222-5630 This notice of grant closeout is based on the following conditions having been met: (1) all work included in the project description has been satisfactorily completed, (2) there are no outstanding grant special conditions, (3) all project costs reimbursed by FAA under this grant have been determined to be reasonable, eligible and allowable, and (4) the sponsor has complied with all terms and conditions of the grant agreement. Final payment has been made and all administrative requirements are satisfied. A final cost review of the grant has been completed and the final costs were determined to be reasonable and justified. There are no differences in the amount of funds requested by the sponsor and the amounts paid out. If an audit reveals any issues, this grant will be re -opened until the outstanding issues have been resolved. Please be advised that in accordance with Federal Regulation 49 CFR Part 18.42, you are required to retain all supporting project documentation for a minimum period of 3 years from the date of the final request for reimbursement. Because most grant obligations extend beyond three years, we strongly encourage you to retain grant documentation for the life of the grant obligations. Sincerely, Digitally signed by LAUREN LAUREN TAYLOR TAYLOR KENNEDY KENNEDY Date: 2024.09.1108:28:51 -05'00' Program Manager AR/OK Airports District Office