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HomeMy WebLinkAbout200-26 RESOLUTION Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 200-26 File Number: 2026-2729 A RESOLUTION TO AWARD BID 26-35 AND AUTHORIZE A CONTRACT WITH APAC-CENTRAL, INC. IN THE AMOUNT OF $2,854,473.42 FOR CONSTRUCTION OF THE TAXIWAY E EXTENSION PROJECT; TO AUTHORIZE THE ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $3,477,544.00; TO APPROVE WORK ORDER 5 WITH GARVER, LLC IN THE AMOUNT OF $339,100.00 FOR CONSTRUCTION PHASE SERVICES; TO APPROVE A CONTRACT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR WETLAND AND STREAM MITIGATION CREDITS IN THE AMOUNT OF $428,296.00; TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $38,265.00; TO AUTHORIZE THE MAYOR OR THE MAYOR’S DESIGNEE TO LOAN CASH FROM THE GENERAL FUND TO THE AIRPORT FUND IF NEEDED; AND TO APPROVE A BUDGET AMENDMENT 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 sign an grant agreement with the Federal Aviation Administration to accept a grant in the amount of $3,477,544.00 to fund 95% of the cost of the Taxiway E Extension project at Drake Field, and further authorizes the Mayor to sign all documents necessary to receive these funds and any additional funds that may be awarded by the Federal Aviation Administration for this project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-35 and authorizes Mayor Rawn to sign a contract with APAC-Central, Inc. in the amount of $2,854,473.42 for construction of the Taxiway E Extension project, and further approves a project contingency in the amount of $38,265.00. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute Work Order 5 with Garver, LLC in the amount of $339,100.00 for construction phase services. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute a contract with the Watershed Conservation Resource Center in the amount of $428,296.00 for wetland and stream mitigation credits. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or the Mayor’s designee to loan cash from the General Fund to the Airport Fund if needed to cover expenses related to this item, and further authorizes the Mayor or the Mayor’s designee to repay any loan as soon as practicable when the Airport Fund receives grant-related reimbursements. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget amendment, a copy of which is attached to this Resolution. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Resolution: 200-26 File Number: 2026-2729 Page 2 PASSED and APPROVED on September 1, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2729 MEETING OF SEPTEMBER 1, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief Information Officer Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Jared Rabren, Airport Director SUBJECT: FYV Taxiway E Extension – FAA AIP Grant Acceptance, Construction Contract, Garver Work Order 05, Wetland and Stream Mitigation Credit Purchase, Contingency and Budget Amendment RECOMMENDATION: Staff requests approval for the Aviation Division to accept a Federal Aviation Administration (FAA) Grant Offer in the amount of $3,477,544.00, 95% of the total project cost, for the construction of the Taxiway E Extension project. Upon execution of the grant agreement, staff also requests authorization to execute a Construction Contract, pursuant to Bid 26-35, with APAC-Central, Inc. in the amount of $2,854,473.42, to execute Work Order 05 with Garver, LLC in the amount of $339,100.00 for Construction Phase Services, Execute a Purchase and Sale Agreement with Watershed Conservation Resource Center for Wetland and Stream Mitigation Credits in the amount of $428,296.00 and approval of contingency in the amount of $38,265.00. Staff also requests approval of a budget amendment in the amount of $3,664,574.00, and to authorize a temporary loan from the General Fund to provide funding for this item if needed. Loan Agreement: The Mayor or Mayor's designee (Chief Financial Officer) is authorized to provide a temporary loan from the General Fund if needed to cover expenses related to this item until the Airport Fund receives grant related reimbursements. When the Airport Fund receives grant related reimbursements, repayment of any loan from the General Fund will be made as soon as practicable. BACKGROUND: There are currently over 80 aircraft based on the east side of the airfield. The southernmost taxiway providing access to the east side of the airfield is currently Taxiway D, located 3,400 ft from the Runway 16 threshold. Under favorable conditions, most small- to medium sized aircraft arriving on Runway 16 can decelerate in time to safely maneuver onto Taxiway D. However; larger aircraft, and smaller aircraft under unfavorable conditions, are unable to decelerate prior to reaching Taxiway D and must exit the runway to the west. These aircraft must then cross the runway at either Taxiway D or Taxiway C to reach their intended destination. This project will provide a new taxiway connector located 4,800 ft from the Runway 16 threshold. Analysis of aircraft performance data available from the FAA indicates increasing the available distance from 3,400 ft to 4,800 ft from the Runway 16 end will significantly reduce the number of aircraft having to cross the runway to access hangars on the east side of the airfield. Reducing runway crossings will improve airport safety by reducing the potential for runway incursions. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov This project is included in the Airport’s 5-year Capital Improvement Plan (CIP). The first phase of this project included completing an Environmental Assessment (EA). The EA was funded using a FY2023 FAA AIP Grant (Grant No. 3-05-0020-053-2023). A Finding of No Significant Impact (FONSI) and Record of Determination was issued by the FAA on June 12, 2024. The second phase of the project included design and bidding, which was funded under a FY2024 FAA AIP Grant (Grant No. 3-05-0020-056-2024). DISCUSSION: The Aviation Division is requesting permission to: 1. Execute the FAA Grant Offer in the amount of $3,477,544.00 (95% of Total Project Costs) for the construction of the Taxiway E Extension project. 2. Upon execution of the grant offer, execute the Construction Contract with APAC-Central, Inc. in the amount of $2,854,473.42 for the construction of the Taxiway E Extension project. 3. Upon execution of the grant offer, execute Work Order 05 in the amount of $339,100.00 with Garver, LLC to provide Construction Phase Services for the Taxiway E Extension project. 4. Upon execution of the grant offer, execute a Purchase and Sale Agreement with Watershed Conservation Resource Center for the purchase of Wetland Mitigation and Stream Mitigation Credits in an amount of $428,296.00. 5. Staff requests approval of a contingency of $38,265.00 and a budget amendment in the amount of $3,661,574.00 to cash-flow expenses for construction costs and administrative fees. 6. Finance requests authorization of a loan from the General Fund to provide temporary funding related to this item if needed. Any temporary loan from the General Fund would be reimbursed when the Airport receives drawdowns of grant funding. Below is a summary of the anticipated costs and funding breakdown for this grant. Administration1: $1,439.00 Wetland and Stream Mitigation Credits (WCRC): $428,296.00 Construction Contract (APAC-Central, Inc.) $2,854,473.42 FAA: $3,477,544.00 Contingency $38,265.00 ADA1: $183,028.00 Garver Work Order 05 (Construction Phase Services): $339,100.00 City2: $1,001.42 TOTAL: $3,661,573.42 TOTAL: $3,661,573.42 1Amount estimated at this time. 2Includes Owners Protective Insurance which is not eligible for AIP reimbursement. BUDGET/STAFF IMPACT: Staff requests approval of a budget amendment in the amount of $3,661,574.00. This amount includes $3,477,544.00 for cash-flow to cover the FAA’s 95% share of billed invoices until monthly reimbursement is issued, $183,028.00 for cash-flow to cover the ADA’s share until reimbursement at the end of the project, and $1,001.42 to cover the City’s share. Staff requests approval to authorize a temporary loan from the General Fund to provide funding for this item if needed, to be fully reimbursed when the Airport receives funding from the granting agency. ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. FYV-058-2026 Grant Agreement, 6. Bid 26- 35, Bid Tab - Final, 7. Bid 26-35, Submittal - APAC-Central, Inc - E, 8. FYV TW E Ext - Contract (APAC Signed), 9. Garver Work Order 05 - FYV Taxiway E Extension, 10. FYV TW E Ext - WCRC Wetlands Credit Purchase Contract Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2729 A RESOLUTION TO AWARD BID 26-35 AND AUTHORIZE A CONTRACT WITH APAC- CENTRAL, INC. IN THE AMOUNT OF $2,854,473.42 FOR CONSTRUCTION OF THE TAXIWAY E EXTENSION PROJECT; TO AUTHORIZE THE ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $3,477,544.00; TO APPROVE WORK ORDER 5 WITH GARVER, LLC IN THE AMOUNT OF $339,100.00 FOR CONSTRUCTION PHASE SERVICES; TO APPROVE A CONTRACT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR WETLAND AND STREAM MITIGATION CREDITS IN THE AMOUNT OF $428,296.00; TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $38,265.00; TO AUTHORIZE THE MAYOR OR THE MAYOR’S DESIGNEE TO LOAN CASH FROM THE GENERAL FUND TO THE AIRPORT FUND IF NEEDED; AND TO APPROVE A BUDGET AMENDMENT 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 sign an grant agreement with the Federal Aviation Administration to accept a grant in the amount of $3,477,544.00 to fund 95% of the cost of the Taxiway E Extension project at Drake Field, and further authorizes the Mayor to sign all documents necessary to receive these funds and any additional funds that may be awarded by the Federal Aviation Administration for this project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid 26-35 and authorizes Mayor Rawn to sign a contract with APAC-Central, Inc. in the amount of $2,854,473.42 for construction of the Taxiway E Extension project, and further approves a project contingency in the amount of $38,265.00. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute Work Order 5 with Garver, LLC in the amount of $339,100.00 for construction phase services. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute a contract with the Watershed Conservation Resource Center in the amount of $428,296.00 for wetland and stream mitigation credits. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or the Mayor’s designee to loan cash from the General Fund to the Airport Fund if needed to cover expenses related to this item, and further authorizes the Mayor or the Mayor’s designee to repay any loan as soon as practicable when the Airport Fund receives grant-related reimbursements. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget amendment, a copy of which is attached to this Resolution. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Resolution: 200-26 File Number: 2026-2729 Page 2 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 City of Fayetteville Staff Review Form 2026-2729 Item ID 9/1/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Jared Rabren 8/5/2026 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests approval to accept a Federal Aviation Administration (FAA) Grant Offer in the amount of $3,477,544.00, representing 95% of the total project cost for construction of the Taxiway E Extension project. Upon execution of the grant agreement, staff requests authorization to execute a Construction Contract with APAC- Central, Inc. for the construction of the Taxiway E Extension project, in the amount of $2,854,473.42, and to execute Work Order 05 in the amount of $339,100.00 with Garver, LLC to provide Construction Phase Services. Finally, staff requests authorization to execute a Purchase and Sale Agreement with Watershed Conservation Resource Center for the purchase of Wetland Mitigation and Stream Mitigation Credits in the amount of $428,296.00, and approval of a budget adjustment in the amount of $3,661,574.00. Staff also requests approval to authorize a temporary loan from the General Fund to provide temporary funding for this item if needed. Budget Impact: 5550.760.3960-5804.00 5550.760.3960-5860.02 Airport Account Number Fund 32305.2601 Taxiway E Construction Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?Yes Item Cost $ 3,621,869.42 Is a Budget Amendment attached?Yes Budget Amendment $ 3,661,574.00 $786.00 Remaining Budget $39,704.58 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: 9/01/2026 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 City of Fayetteville, Arkansas - Budget Amendment/Adjustment (Agenda) Budget Year Division /Org2 AIRPORT SERVICES (760) BA Number 2026 Requestor:Dee Simpson BUDGET AMENDMENT/ADJUSTMENT DESCRIPTION: Staff requests approval to accept a Federal Aviation Administration (FAA) Grant Offer in the amount of $3,477,544.00, representing 95% of the total project cost for construction of the Taxiway E Extension project. Upon execution of the grant agreement, staff requests authorization to execute a Construction Contract with APAC-Central, Inc. for the construction of the Taxiway E Extension project, in the amount of $2,854,473.42, and to execute Work Order 05 in the amount of $339,100.00 with Garver, LLC to provide Construction Phase Services. Finally, staff requests authorization to execute a Purchase and Sale Agreement with Watershed Conservation Resource Center for the purchase of Wetland Mitigation and Stream Mitigation Credits in the amount of $428,296.00. COUNCIL DATE:9/1/2026 ITEM ID#:2026-2729 Holly Black 8/12/2026 8:52 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.2026714TOTAL3,661,574 3,661,574 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 5550.760.3960-5804.00 2,854,474 -32305 2601 EX Building Costs 5550.760.3960-5860.02 339,100 -32305 2601 EX Capital Prof Svcs - Engineering/Architectural 5550.760.3960-5314.00 428,296 32305 2601 EX Professional Services 5550.760.3960-5301.00 1,439 32305 2601 EX Public Notification 5550.760.3960-4309.00 -3,477,544 32305 2601 RE Federal Grants - Capital 5550.760.3940-4999.99 -184,030 RE Use Fund Balance - Current 5550.760.3960-5911.99 38,265 -32305 2601 EX Contingency - Capital Project -- -- -- -- -- -- -- 1 of 1 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Line #Description QTY UOM Unit Extended Unit Extended 1.1 Mobilization 1 LS $105,000.00 $105,000.00 $171,960.00 $171,960.00 1.2 Bonds & Insurance 1 LS $5,700.00 $5,700.00 $31,500.00 $31,500.00 1.3 Trench Excavation & Safety Systems 1 LS $2,500.00 $2,500.00 $3,020.00 $3,020.00 1.4 Construction Safety and Security 1 LS $11,000.00 $11,000.00 $79,510.00 $79,510.00 1.5 Demolition and Disposal 1 LS $8,858.00 $8,858.00 $2,665.00 $2,665.00 1.6 Lockout/Tagout and Constant Current Regulator Calibration Procedures 1 LS $1,060.00 $1,060.00 $1,300.00 $1,300.00 1.7 Existing Base Mounted Edge Light, Removed and Stored with Base Demolished 7 EA $532.00 $3,724.00 $633.00 $4,431.00 1.8 Existing Base Mounted Guidance Sign, Removed and Stored with Base Demolished 1 EA $1,064.00 $1,064.00 $1,215.00 $1,215.00 1.9 Temporary Airfield Lighting 1 LS $3,967.00 $3,967.00 $5,000.00 $5,000.00 1.10 Contractor Quality Control Program (CQCP)1 LS $30,000.00 $30,000.00 $32,005.00 $32,005.00 1.11 Temporary Erosion Control 1 LS $11,872.00 $11,872.00 $55,969.00 $55,969.00 1.12 Concrete Pavement Removal 390 SY $42.00 $16,380.00 $37.05 $14,449.50 1.13 Unclassified Excavation 12180 CY $14.00 $170,520.00 $37.20 $453,096.00 1.14 Borrow Excavation (Select Fill)9890 CY $7.80 $77,142.00 $40.40 $399,556.00 1.15 Unsuitable Excavation (Select Fill)500 CY $23.00 $11,500.00 $127.40 $63,700.00 1.16 Unsuitable Excavation (Crushed Aggregate Base Course)4470 CY $68.00 $303,960.00 $111.40 $497,958.00 1.17 Stabilization Geotextile 11175 SY $10.00 $111,750.00 $11.18 $124,936.50 1.18 Crushed Aggregate Base Course (6" Thickness)14580 SY $13.00 $189,540.00 $12.62 $183,999.60 1.19 Asphalt Surface Course 3100 TN $149.00 $461,900.00 $167.00 $517,700.00 1.20 Asphalt Base Course 3940 TN $121.00 $476,740.00 $125.75 $495,455.00 1.21 Reinforced Concrete (Variable Thickness)400 SY $260.00 $104,000.00 $120.00 $48,000.00 1.22 Runway and Taxiway Marking (Reflective)28800 SF $1.10 $31,680.00 $1.21 $34,848.00 1.23 Runway and Taxiway Marking (Non-Reflective)63000 SF $1.00 $63,000.00 $1.06 $66,780.00 1.24 Runway and Taxiway Marking (Temporary)8300 SF $3.80 $31,540.00 $4.22 $35,026.00 1.25 42" Reinforced Concrete Pipe (Class IV)98 LF $361.00 $35,378.00 $339.00 $33,222.00 1.26 18" Reinforced Concrete Pipe (Class IV)105 LF $163.00 $17,115.00 $189.00 $19,845.00 1.27 42" Reinforced Concrete End Section 2 EA $4,900.00 $9,800.00 $3,805.00 $7,610.00 1.28 36" Reinforced Concrete End Section 1 EA $3,520.00 $3,520.00 $3,200.00 $3,200.00 1.29 18" Reinforced Concrete End Section 2 EA $2,564.00 $5,128.00 $1,767.00 $3,534.00 1.30 Aqua-Swirl Concentrator (AS-6 BYP CW)1 EA $37,150.42 $37,150.42 $44,875.00 $44,875.00 1.31 Pilot Channel 90 SY $193.00 $17,370.00 $147.00 $13,230.00 1.32 Concrete Channel Paving (w/ Sidewall)210 SY $153.00 $32,130.00 $134.00 $28,140.00 1.33 Concrete Channel Paving (w/o Sidewall)30 SY $287.00 $8,610.00 $134.50 $4,035.00 1.34 Seeding 2.8 AC $4,635.00 $12,978.00 $5,275.00 $14,770.00 1.35 Sodding 5670 SY $4.80 $27,216.00 $6.45 $36,571.50 1.36 Topsoil (4" Thickness, Obtained On-site)17810 SY $1.10 $19,591.00 $3.05 $54,320.50 1.37 No. 8 AWG, 5 kV, L-824, Type C Cable, Installed in Trench, Duct Bank or Conduit 5000 LF $2.90 $14,500.00 $3.32 $16,600.00 1.38 No. 6 AWG, Solid, Bare Copper Counterpoise Wire, Installed in Trench, Including Connections/Terminations 4500 LF $2.90 $13,050.00 $3.32 $14,940.00 1.39 Trenching for Direct-Buried Bare Counterpoise Wire, 8€ Minimum Depth 4000 LF $3.00 $12,000.00 $3.62 $14,480.00 1.40 No. 1/0 AWG, Stranded, Bare Copper FAA Guard Wire, Installed in Trench, Above the Duct Bank or Conduit, Including Connections/Terminations 200 LF $9.50 $1,900.00 $10.86 $2,172.00 1.41 25-Pair No. 19 AWG PE-39 Copper Communications Cable 400 LF $16.50 $6,600.00 $18.77 $7,508.00 1.42 No. 2 AWG, 600V Rated, Type USE-2 Conductor, Installed in Duct Bank or Conduit 550 LF $10.60 $5,830.00 $12.07 $6,638.50 1.43 Non-Encased Electrical Conduit, 1-Way-2-Inch 4100 LF $9.50 $38,950.00 $10.86 $44,526.00 1.44 Concrete Encased Electrical Conduit, 1-Way-2-Inch 120 LF $79.80 $9,576.00 $90.52 $10,862.40 1.45 Concrete Encased Electrical Duct Bank, 2-Way-2-Inch 120 LF $133.00 $15,960.00 $150.87 $18,104.40 1.46 Concrete Encased FAA Duct Bank, 2-Way-4-Inch 180 LF $133.00 $23,940.00 $150.87 $27,156.60 1.47 Electrical Junction Structure, L-867 Class 1, Size 16€ Diameter by 24€ Depth 2 EA $1,809.00 $3,618.00 $2,052.00 $4,104.00 1.48 FAA Prefabricated Concrete Electrical Handhole, Size 3€™L x 2€™W x 3€™D 4 EA $23,329.00 $93,316.00 $26,460.00 $105,840.00 1.49 L-858(L) Base Mounted, 2-Module Guidance Sign, Installed 3 EA $9,514.00 $28,542.00 $10,792.00 $32,376.00 1.50 L-858(L) Base Mounted, 3-Module Guidance Sign, Installed 3 EA $10,215.00 $30,645.00 $11,587.00 $34,761.00 1.51 L-861T(L) Base Mounted Taxiway Edge Light, Installed 43 EA $1,809.00 $77,787.00 $2,052.00 $88,236.00 1.52 Stored L-858(L) Base Mounted, 2-Module Guidance Sign, Installed on New Base with New Panels 1 EA $6,704.00 $6,704.00 $7,604.00 $7,604.00 1.53 Stored L-861T(L) Base Mounted Taxiway Edge Light, Installed 7 EA $1,596.00 $11,172.00 $1,811.00 $12,677.00 -$435,585.50 -$716,032.20 BID TABULATION * NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials. Kenny Fitch, Sr Procurement Agent ______________________________________________________________________________ Trevel Young, Procurement Agent ______________________________________________________________________________ Full Scope Total DEDUCTIVE ALTERNATE #1 (Not Used) FULL PROJECT SCOPE w/ Deduct #1 $2,418,887.92 $3,319,986.30 $2,854,473.42 $4,036,018.50 APAC-Central, Inc. Emery Sapp & Sons Certification of Funds: $4,687,500 ($5,859,375 maximum allowed) Deadline: Thursday, May 28, 2026 at 2:00 PM Bid 26-35, Construction - Taxiway E Extension Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Bid 26-35 Addendum 3 APAC-Central, Inc. Supplier Response Event Information Number:Bid 26-35 Addendum 3 Title:Construction - Taxiway E Extension Type:Invitation to Bid Issue Date:5/3/2026 Deadline:5/28/2026 02:00 PM (CT) Notes:The City of Fayetteville is accepting sealed bids from properly licensed contractors to construct an extension to Taxiway E at the Drake Field Fayetteville Executive Airport. Construction shall include approximately 1,800 feet of asphalt, signage, grading, and drainage improvements. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement Agent at kfitch@fayetteville-ar.gov. Contact Information Contact:Kenny Fitch - Sr Procurement Agent Address:Procurement City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Phone:(479) 575-8258 Email:kfitch@fayetteville-ar.gov Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 1 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 APAC-Central, Inc. Information Contact:Doug Luetjen Address:755 E. Millsap Rd Fayetteville, AR 72703 Phone:(479) 587-3300 Email:doug.luetjen@apac.com By submitting your response, you certify that you are authorized to represent and bind your company. Doug Luetjen doug.luetjen@apac.com Signature Email Submitted at 5/28/2026 01:09:39 PM (CT) Requested Attachments Signature Forms for Bid 26-35 Taxiway E_APAC Signature Forms.pdf Please attach your completed forms. These documents can be found in FILE #01 - PROJECT MANUAL in the Attachments tab. Please be sure to include ALL required information stated in the Project Manual. Bid Bond for Bid 26-35 Taxiway E_APAC Bid Bond.pdf Please attach a signed and completed copy of your bid bond. The Bid Bond must be signed by both the bidder and the surety company to be considered valid. An invalid Bid Bond shall be grounds for bid rejection. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Procurement Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 100057210 2 Arkansas Contractor License Number: Contractor's License must have a classification relating to the scope prior to the award of this project. 0011840427 3 System for Award Management (SAM.gov) Registration Number FTNNZLVRMXZ5 4 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 2 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 5 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Yes, I agree No, I don't agree 6 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. I agree Bid Lines 1 Package Header FULL PROJECT SCOPE Quantity:1 UOM:EA Total:$2,854,473.42 Package Items 1.1 Mobilization (Maximum 5% of Total Bid, excluding Bonds & Insurance and Trench & Excavation Safety Systems) Quantity:1 UOM:LS Price:$105,000.00 Total:$105,000.00 1.2 Bonds & Insurance Quantity:1 UOM:LS Price:$5,700.00 Total:$5,700.00 1.3 Trench Excavation & Safety Systems Quantity:1 UOM:LS Price:$2,500.00 Total:$2,500.00 1.4 Construction Safety and Security Quantity:1 UOM:LS Price:$11,000.00 Total:$11,000.00 1.5 Demolition and Disposal Quantity:1 UOM:LS Price:$8,858.00 Total:$8,858.00 1.6 Lockout/Tagout and Constant Current Regulator Calibration Procedures Quantity:1 UOM:LS Price:$1,060.00 Total:$1,060.00 1.7 Existing Base Mounted Edge Light, Removed and Stored with Base Demolished Quantity:7 UOM:EA Price:$532.00 Total:$3,724.00 1.8 Existing Base Mounted Guidance Sign, Removed and Stored with Base Demolished Quantity:1 UOM:EA Price:$1,064.00 Total:$1,064.00 1.9 Temporary Airfield Lighting Quantity:1 UOM:LS Price:$3,967.00 Total:$3,967.00 1.10 Contractor Quality Control Program (CQCP) Quantity:1 UOM:LS Price:$30,000.00 Total:$30,000.00 Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 3 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 1.11 Temporary Erosion Control Quantity:1 UOM:LS Price:$11,872.00 Total:$11,872.00 1.12 Concrete Pavement Removal Quantity:390 UOM:SY Price:$42.00 Total:$16,380.00 1.13 Unclassified Excavation Quantity:12180 UOM:CY Price:$14.00 Total:$170,520.00 1.14 Borrow Excavation (Select Fill) Quantity:9890 UOM:CY Price:$7.80 Total:$77,142.00 1.15 Unsuitable Excavation (Select Fill) Quantity:500 UOM:CY Price:$23.00 Total:$11,500.00 1.16 Unsuitable Excavation (Crushed Aggregate Base Course) Quantity:4470 UOM:CY Price:$68.00 Total:$303,960.00 1.17 Stabilization Geotextile Quantity:11175 UOM:SY Price:$10.00 Total:$111,750.00 1.18 Crushed Aggregate Base Course (6" Thickness) Quantity:14580 UOM:SY Price:$13.00 Total:$189,540.00 1.19 Asphalt Surface Course Quantity:3100 UOM:TN Price:$149.00 Total:$461,900.00 1.20 Asphalt Base Course Quantity:3940 UOM:TN Price:$121.00 Total:$476,740.00 1.21 Reinforced Concrete (Variable Thickness) Quantity:400 UOM:SY Price:$260.00 Total:$104,000.00 1.22 Runway and Taxiway Marking (Reflective) Quantity:28800 UOM:SF Price:$1.10 Total:$31,680.00 1.23 Runway and Taxiway Marking (Non-Reflective) Quantity:63000 UOM:SF Price:$1.00 Total:$63,000.00 1.24 Runway and Taxiway Marking (Temporary) Quantity:8300 UOM:SF Price:$3.80 Total:$31,540.00 1.25 42" Reinforced Concrete Pipe (Class IV) Quantity:98 UOM:LF Price:$361.00 Total:$35,378.00 1.26 18" Reinforced Concrete Pipe (Class IV) Quantity:105 UOM:LF Price:$163.00 Total:$17,115.00 1.27 42" Reinforced Concrete End Section Quantity:2 UOM:EA Price:$4,900.00 Total:$9,800.00 1.28 36" Reinforced Concrete End Section Quantity:1 UOM:EA Price:$3,520.00 Total:$3,520.00 1.29 18" Reinforced Concrete End Section Quantity:2 UOM:EA Price:$2,564.00 Total:$5,128.00 Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 4 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 1.30 Aqua-Swirl Concentrator (AS-6 BYP CW) Quantity:1 UOM:EA Price:$37,150.42 Total:$37,150.42 1.31 Pilot Channel Quantity:90 UOM:SY Price:$193.00 Total:$17,370.00 1.32 Concrete Channel Paving (w/ Sidewall) Quantity:210 UOM:SY Price:$153.00 Total:$32,130.00 1.33 Concrete Channel Paving (w/o Sidewall) Quantity:30 UOM:SY Price:$287.00 Total:$8,610.00 1.34 Seeding Quantity:2.8 UOM:AC Price:$4,635.00 Total:$12,978.00 1.35 Sodding Quantity:5670 UOM:SY Price:$4.80 Total:$27,216.00 1.36 Topsoil (4" Thickness, Obtained On-site) Quantity:17810 UOM:SY Price:$1.10 Total:$19,591.00 1.37 No. 8 AWG, 5 kV, L-824, Type C Cable, Installed in Trench, Duct Bank or Conduit Quantity:5000 UOM:LF Price:$2.90 Total:$14,500.00 1.38 No. 6 AWG, Solid, Bare Copper Counterpoise Wire, Installed in Trench, Including Connections/Terminations Quantity:4500 UOM:LF Price:$2.90 Total:$13,050.00 1.39 Trenching for Direct-Buried Bare Counterpoise Wire, 8â€​ Minimum Depth Quantity:4000 UOM:LF Price:$3.00 Total:$12,000.00 1.40 No. 1/0 AWG, Stranded, Bare Copper FAA Guard Wire, Installed in Trench, Above the Duct Bank or Conduit, Including Connections/Terminations Quantity:200 UOM:LF Price:$9.50 Total:$1,900.00 1.41 25-Pair No. 19 AWG PE-39 Copper Communications Cable Quantity:400 UOM:LF Price:$16.50 Total:$6,600.00 1.42 No. 2 AWG, 600V Rated, Type USE-2 Conductor, Installed in Duct Bank or Conduit Quantity:550 UOM:LF Price:$10.60 Total:$5,830.00 1.43 Non-Encased Electrical Conduit, 1-Way-2-Inch Quantity:4100 UOM:LF Price:$9.50 Total:$38,950.00 1.44 Concrete Encased Electrical Conduit, 1-Way-2-Inch Quantity:120 UOM:LF Price:$79.80 Total:$9,576.00 1.45 Concrete Encased Electrical Duct Bank, 2-Way-2-Inch Quantity:120 UOM:LF Price:$133.00 Total:$15,960.00 1.46 Concrete Encased FAA Duct Bank, 2-Way-4-Inch Quantity:180 UOM:LF Price:$133.00 Total:$23,940.00 1.47 Electrical Junction Structure, L-867 Class 1, Size 16â€​ Diameter by 24â€​ Depth Quantity:2 UOM:EA Price:$1,809.00 Total:$3,618.00 1.48 FAA Prefabricated Concrete Electrical Handhole, Size 3’L x 2’W x 3’D Quantity:4 UOM:EA Price:$23,329.00 Total:$93,316.00 Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 5 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 1.49 L-858(L) Base Mounted, 2-Module Guidance Sign, Installed Quantity:3 UOM:EA Price:$9,514.00 Total:$28,542.00 1.50 L-858(L) Base Mounted, 3-Module Guidance Sign, Installed Quantity:3 UOM:EA Price:$10,215.00 Total:$30,645.00 1.51 L-861T(L) Base Mounted Taxiway Edge Light, Installed Quantity:43 UOM:EA Price:$1,809.00 Total:$77,787.00 1.52 Stored L-858(L) Base Mounted, 2-Module Guidance Sign, Installed on New Base with New Panels Quantity:1 UOM:EA Price:$6,704.00 Total:$6,704.00 1.53 Stored L-861T(L) Base Mounted Taxiway Edge Light, Installed Quantity:7 UOM:EA Price:$1,596.00 Total:$11,172.00 2 Package Header DEDUCTIVE ALTERNATE #1 Quantity:1 UOM:EA Total:$-435,585.50 Item Notes:Unit prices in this section should be entered as negative values unless otherwise specified. Package Items 2.1 Unclassified Excavation Quantity:1980 UOM:CY Price:$-14.00 Total:$-27,720.00 2.2 Borrow Excavation (Select Fill) Quantity:2430 UOM:CY Price:$-7.80 Total:$-18,954.00 2.3 Unsuitable Excavation (Select Fill) Quantity:120 UOM:CY Price:$-23.00 Total:$-2,760.00 2.4 Unsuitable Excavation (Crushed Aggregate Base Course) Quantity:1110 UOM:CY Price:$-66.00 Total:$-73,260.00 2.5 Stabilization Geotextile Quantity:2775 UOM:SY Price:$-10.00 Total:$-27,750.00 2.6 Crushed Aggregate Base Course (6" Thickness) Quantity:3630 UOM:SY Price:$-11.20 Total:$-40,656.00 2.7 Asphalt Surface Course Quantity:790 UOM:TN Price:$-147.00 Total:$-116,130.00 2.8 Asphalt Base Course Quantity:990 UOM:TN Price:$-119.00 Total:$-117,810.00 2.9 Runway and Taxiway Marking (Reflective) - *Positive Unit Price Requested* Quantity:100 UOM:SF Price:$1.10 Total:$110.00 2.10 Runway and Taxiway Marking (Non-Reflective) Quantity:13000 UOM:SF Price:$-1.00 Total:$-13,000.00 2.11 Runway and Taxiway Marking (Temporary) Quantity:1300 UOM:SF Price:$-3.80 Total:$-4,940.00 Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 6 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 2.12 Seeding - *Positive Unit Price Requested* Quantity:0.7 UOM:AC Price:$4,635.00 Total:$3,244.50 2.13 Sodding - *Positive Unit Price Requested* Quantity:150 UOM:SY Price:$4.80 Total:$720.00 2.14 Topsoil (4" Thickness, Obtained On-site) - *Positive Unit Price Requested* Quantity:3320 UOM:SY Price:$1.00 Total:$3,320.00 Response Total: $2,418,887.92 Vendor: APAC-Central, Inc.Bid 26-35 Addendum 3Page 7 of 7 pages Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 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Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Fayetteville -Drake Field (FYV) Taxiway E Extension Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3."collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of Owner, a purpose of which is to establish Bid prices atartificial, non-competitive levels; and 4."coercive practice" means harming or threatening to harm, directly or indirectly, personsor their property to influence their participation in the bidding process or affect theexecution of the Contract. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on _____ (which is the Effective Date of the Contract). OWNER: CITY OF FAYETTEVILLE By: Title: Attest: Title: Address for giving notices: CONTRACTOR: APAC-CENTRAL, INC. (If Contractor is a corporation, a partnership, or a ;oint venture, attach evid ce of authority to sign.) Attest: Title: Address for giving notices: 155 £. M;lb,v, 6d License No.: ()0// S'jo '/;J.] (where applicable) ,,,11111111111,,,, ,,,,�T�,,,,. ,,\ ,.,.,. .� •••••••• /A�-,,: �r .' •• ···'7�� f �--•·: �O.R,1j•· .. 0\ ��- 0� -- � ··: �I�="usEAL \ �= : : = This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Co�ru�tipn ./ }Contract (Stipulated Price). Copyright© 2013 National Society of Professional Engineers, American Council of �gin� A� 'I'-:� .§' Companies and is based in part on excerpts from EJCDC documents. Those portions of the text that originated (lt,p)1_blislierJ • • • • • • • ./' EJCDC documents remain sub·ect to co ri ht. :1,.,,, * , ,,.._ Issued for Bid 00 52 00-6 Garver Project No. 2401069 Mayor City Clerk Treasurer Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Work Order 05 1 Version 1 FYV TW E Extension CPS Garver Project No. 2503000 WORK ORDER 05 CITY OF FAYETTEVILLE, ARKANSAS DRAKE FIELD – FAYETTEVILLE AIRPORT TAXIWAY E EXTENSION CPS This WORK ORDER (“Work Order”) is made as of by and between the CITY OF FAYETTEVILLE (hereinafter referred to as “Owner”) and Garver, LLC, (hereinafter referred to as “Garver”) in accordance with the provisions of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES executed on March 17, 2026 (the “Agreement”). Under this Work Order, the Owner intends to make the following improvements for the FYV Taxiway E Extension project: Proposed improvements consist primarily of extending the existing Taxiway E to the south to connect to Taxiway B3. Total length of proposed new taxiway is approximately 1,800 linear feet. Garver will provide professional services related to these improvements as described herein. Terms not defined herein shall have the meaning assigned to them in the Agreement. SECTION 1 - SCOPE OF SERVICES 1.1 Garver shall provide the following services (“Services”): 1.1.1 Garver’s scope of services is described in attached Exhibit A-05. 1.2 In addition to those obligations set forth in the Agreement, Owner shall: 1.2.1 Give thorough consideration to all documents and other information presented by Garver and informing Garver of all decisions within a reasonable time so as not to delay the Services. 1.2.2 Make provision for the Personnel of Garver to enter public and private lands as required for Garver to perform necessary preliminary surveys and other investigations required under the applicable Work Order. 1.2.3 Obtain the necessary lands, easements and right-of-way for the construction of the work. All costs associated with securing the necessary land interests, including property acquisition and/or easement document preparation, surveys, appraisals, and abstract work, shall be borne by the Owner outside of this Agreement, except as otherwise described in the Services under Section 1.1. 1.2.4 Furnish Garver such plans and records of construction and operation of existing facilities, available aerial photography, reports, surveys, or copies of the same, related to or bearing on the proposed work as may be in the possession of Owner. Such documents or data will be returned upon completion of the Services or at the request of Owner. 1.2.5 Furnish Garver a current boundary survey with easements of record plotted for the project property. 1.2.6 Pay all plan review and advertising costs in connection with the project. 1.2.7 Provide legal, accounting, and insurance counseling services necessary for the project and such auditing services as Owner may require. 1.2.8 Furnish permits, permit fees, and approvals from all governmental authorities having jurisdiction over the project and others as may be necessary for completion of the project. 1.2.9 Furnishing Garver a current geotechnical report for the proposed site of construction. Garver will coordinate with the geotechnical consultant, Owner has contracted with, on Owner’s behalf for the project specific requested information. 9/01/2026 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Work Order 05 2 Version 1 FYV TW E Extension CPS Garver Project No. 2503000 SECTION 2 – PAYMENT For the Services set forth above, Owner will pay Garver on a lump sum and cost plus fixed fee basis as shown in the following table. The Owner represents that funding sources are in place with the available funds necessary to pay Garver. The table below presents a summary of the fee amounts and fee types for this Work Order. WORK DESCRIPTION FEE AMOUNT FEE TYPE On-Site Resident Project Representative $215,000.00 COST+FF TOTAL FEE $339,100.00 Construction Administration and Project Closeout Services The lump sum amount to be paid under this Work Order is $95,100.00. For informational purposes, a breakdown of Garver’s estimated costs is included herein with approximate current hourly rates for each employee classification. On-Site Resident Project Representative Services The Owner will pay Garver at the unburdened hourly payroll rate of each of Garver’s personnel during the performance of these Services, plus payroll and general overhead costs of 191.34% of the unburdened hourly rate, plus direct reimbursable expenses normal and necessary for the completion of the Services, plus a fixed fee. Estimated cost of these Services, including the fixed fee is $215,000.00. The actual total fee may exceed this estimate with Owner approval. For informational purposes, a breakdown of Garver’s estimated costs is included herein with approximate current hourly rates for each employee classification. Notwithstanding the foregoing, Garver shall be entitled, in its sole discretion, to substitute a more qualified person (e.g., C-4) with a less qualified person (e.g., C-1); provided however, in such event Garver shall only be entitled to payment at the lesser rate. Expenses other than salary costs that are directly attributable to performance of our Services will be billed as follows: 1. Direct cost for travel, long distance and wireless communications, outside reproduction and presentation material preparation, and mail/courier expenses. 2. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc. 3. The amount allowed by the federal government for mileage with an additional $0.05 for survey trucks/vans. Materials Testing Services The Owner will pay Garver on a cost-plus fixed fee basis. The fee for Construction Materials Testing will be negotiated with McClelland Consulting Engineers, Inc., as a subconsultant to Garver, and the estimated cost of these services is $29,000.00, including administrative fee. The actual total fee may exceed this estimate with Owner approval. Additional Services (Extra Work). For services not described or included in Section 1, but requested by the Owner in writing, the Owner will pay Garver an amount to be negotiated between the Owner and Garver under an Amendment. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Work Order 05 3 Version 1 FYV TW E Extension CPS Garver Project No. 2503000 SECTION 3 – EXHIBITS 3.1 The following Exhibits are attached to and made a part of this Work Order: 3.1.1 Exhibit A - Scope of Services 3.1.2 Exhibit B – Manhour Tables 3.1.3 Exhibit C – Project Exhibit This Work Order may be executed in two (2) or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. If there is an express conflict between the provisions of this Work Order, or the Agreement, and any Exhibits hereto, the terms of the Agreement will take precedence over the conflicting provisions of the Exhibit(s), unless explicitly amended within the Work Order by the Parties. The effective date of this Work Order shall be the last date written below. CITY OF FAYETTEVILLE, ARKANSAS GARVER, LLC Signature Signature Name: Name: Blake Roberson Printed Name Printed Name Title: Title: Vice President Date: Attest: Attest: Molly Rawn Mayor 09/01/2026 Kara Paxton, City Clerk Treasurer Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit A-05 – Scope of Services FYV TW E Extension CPS Garver Project No. 2503000 EXHIBIT A-05 (SCOPE OF SERVICES) Generally, the Scope of Services includes the following professional services for improvements for the Taxiway E Extension at Drake Field – Fayetteville Airport. Improvements will consist primarily of extending Taxiway E to the south to connect to Runway 16-34 in line with existing Taxiway B3. Total length of proposed new taxiway construction is approximately 1,800 linear feet as shown in Exhibit C- 05. The following professional services are included in this Scope of Services. • Construction Administration Services • On-Site Resident Project Representative Services • Materials Testing Services • Project Closeout Services 1. CONSTRUCTION ADMINISTRATION SERVICES 1.1. Upon completion of bidding services, Garver shall begin the construction phase of the work and will accomplish the tasks further described below. 1.2. Issued for Construction (IFC) Documents 1.2.1. Garver will compile bid addendums and any other necessary plan changes due to post- bid project updates and/or funding changes into a final Issued for Construction (IFC) set of plans and specifications. 1.3. Construction Management Plan 1.3.1. Garver will prepare a "Construction Management Plan" to be submitted to the Federal Aviation Administration (FAA) for approval. At a minimum, the plan shall list key construction personnel, qualifications of construction management personnel, and materials quality assurance information. The plan will be reviewed by the FAA project manager and must be approved along with the final plans and specifications for construction. 1.4. Submittals 1.4.1. Garver will evaluate and respond to construction material submittals and shop drawings. Corrections or comments made by Garver on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Garver’s review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit A-05 – Scope of Services FYV TW E Extension CPS Garver Project No. 2503000 1.5. Notice to Proceed & Preconstruction Meeting 1.5.1. Garver will issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. Garver will provide meeting minutes for submission to all parties at the conclusion of the meeting. 1.6. Progress Meetings 1.6.1. As a minimum, Garver’s Project Manager, Project Engineer, and Resident Project Representative (RPR) will attend weekly progress meetings with the Owner and Contractor. It is expected that 11 meetings will be held on-site, and 11 meetings will be held via conference call. To the extent possible, progress meetings and visits to the site of the work should be scheduled to coincide with each new phase of construction, scheduled FAA inspections, and other times when Garver’s presence is desirable. Garver’s project engineer or his qualified representative will be available at all times work is in progress for telephone contact by the RPR. Garver’s project engineer shall direct, supervise, advise, and counsel the Resident Project Representative and construction observation personnel in the accomplishment of Garver’s duties. Garver will prepare for and attend any utility pre-construction meetings as required. 1.7. Owner Coordination 1.7.1. Garver will consult with and advise the Owner during the construction period. Garver will submit, when requested by the Owner, written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop. In addition, Garver shall supply to Owner such periodic reports and information as may be required by the FAA, including FAA Form 5370-1, Construction Progress and Inspection Report, or equivalent form to the Owner on a weekly basis. 1.8. RFIs 1.8.1. Garver will issue instructions to the Contractor on behalf of the Owner and issue necessary clarifications (respond to RFIs) regarding the construction contract documents. 1.9. Progress Payments 1.9.1. Garver will prepare Contractor’s progress payment requests based on the actual quantities of contract items completed and accepted and will make a recommendation to the Owner regarding payment. Garver’s recommendation for payment shall not be a representation that Garver has made exhaustive or continuous inspections to (1) check the quality or exact quantities of the Work; (2) to review billings from Subcontractors and material suppliers to substantiate the Contractor’s right to payment; or (3) to ascertain how the Contractor has used money previously paid to the Contractor. 1.10. Payroll Reviews 1.10.1. Garver will assist the Owner in the observation of the Contractor’s operations for proper classification of workers, review of the Contractor’s payroll as necessary to determine compliance with Davis Bacon requirements, and conduct contractor employee interviews to determine compliance with Davis Bacon requirements. Garver will keep the Contractor’s payroll records on file demonstrating compliance with the Davis Bacon Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit A-05 – Scope of Services FYV TW E Extension CPS Garver Project No. 2503000 requirements. In addition, Garver will monitor the contractor’s posting of the required EEO notice and provide general oversight of any obvious instance of a segregated workplace. Garver will submit Contractor’s certified payroll records to Owner at the completion of the project. 1.11. Record Drawings 1.11.1. Garver will maintain a set of working drawings and provide information for preparation of record drawings of the completed project. This information will be incorporated into final record drawings completed as part of Closeout Services and final record drawings will be provided to the Owner after project completion. 1.12. Change Orders 1.12.1. When authorized by the Owner, Garver will prepare change orders or supplemental agreements for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the preparation of these change order documents, the Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver. 1.13. Final Inspection 1.13.1. Garver will participate in a pre-final walkthrough with the Owner. Garver will also participate in a final project inspection with the Owner and Contractor, prepare a punch list, review final project closeout documents, and submit the final pay request. 2. ON-SITE RESIDENT PROJECT REPRESENTATIVE SERVICES 2.1. Garver will provide full-time Resident Project Representative (RPR) services for the 150- calendar-day construction contract performance time. The proposed fee is based on approximately 50 hours per week during the construction contract performance time for the RPR, plus an additional one (1) week for weather and other delays beyond the Contractor’s control. If the construction time extends beyond the time established in this agreement or if the Owner wishes to increase the time or frequency of the observation, the Owner will pay Garver an additional fee agreed to by the Owner and Garver. All RPR personnel shall have the appropriate experience and qualifications. 2.2. During the construction period, Garver’s RPR will provide or accomplish the following: • Consult with and advise the Owner during the construction period. Garver will submit, when requested by the Owner, written reports to the Owner on the progress of the construction including any problem areas that have developed or are anticipated to develop. In addition, Garver shall supply to the Owner such periodic reports and information as may be required by the FAA • As necessary, conduct safety meetings with the Contractor. • Coordinate with the firm providing construction materials quality assurance testing. Coordinate with this firm to ensure that all material tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unnecessarily and will meet specification requirements as to location and frequency. • Perform intermediate inspections in advance of the final inspection. • Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit A-05 – Scope of Services FYV TW E Extension CPS Garver Project No. 2503000 • In accordance with FAA AC 150/5370-12A, maintain a project diary which will contain information pertinent to each site visit. • Administer the “Construction Management Plan” prepared by Garver. • Monitor the contractor’s conformance to the approved construction safety and phasing plan. • Prepare a Construction Materials Quality Control Summary. At a minimum, the summary shall include a list of all tests performed showing the date, location, pass or fail, results of retests, and whether the test is eligible or ineligible under the A.I.P. program. The Summary will include a certification that all testing was completed in accordance with the "Construction Management Plan." 2.3. In performing construction observation services, Garver will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor(s); but Garver does not guarantee the performance of the Contractor(s), nor is Garver responsible for the actual supervision of construction operations. Garver does not guarantee the performance of the contracts by the Contractors nor assume any duty to supervise safety procedures followed by any Contractor or subcontractor or their respective employees or by any other person at the job site. However, if at any time during construction Garver observes that the Contractor’s work does not comply with the construction contract documents, Garver will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Garver will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the Owner immediately, so that appropriate action under the Owner’s contract with the Contractor can be taken. 3. MATERIALS TESTING SERVICES 3.1. Through a Subconsultant, Garver shall provide the quality assurance testing for the project as required by the Plans and Specifications in accordance with FAA and the Owner’s requirements. 4. PROJECT CLOSEOUT SERVICES 4.1. At the conclusion of construction, Garver will assist the Owner with project closeout by providing a final project report which will include all necessary documents required for FAA grant closeout. Closeout documentation will be provided within 90 days of the final payment to the Contractor. Garver will also update the airport’s ALD to show the completed project as “existing” and coordinate the submission of the updated ALD through OE/AAA. 5. PROJECT DELIVERABLES 5.1. The following deliverables will be submitted to the parties identified below. Unless otherwise noted below, all deliverables shall be electronic. • Issued for Construction Plans and Specifications to the Owner, Contractor, and FAA. o Electronic copies to the Contractor, Owner, and FAA • Electronic Construction Management Plan to the Owner and FAA • Electronic Reviewed submittals to the Contractor. • Electronic Record Plans and Specifications to the Owner and FAA. • Other electronic files as requested. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit A-05 – Scope of Services FYV TW E Extension CPS Garver Project No. 2503000 6. ADDITIONAL SERVICES 6.1. The following items are not included under this agreement but will be considered as additional services to be added under Amendment if requested by the Owner. • Redesign for the Owner’s convenience or due to changed conditions after previous alternate direction and/or approval. Changed conditions may include, but are not limited to major changes to pavement, building, or utility alignments. • Deliverables beyond those listed herein. • Pavement Design beyond that furnished in the Geotechnical Report. • Design of any utility relocation. • Engineering, surveying, architectural, or other professional services beyond those listed herein. • Retaining walls or other significant structural design. • DBE compliance. Garver will not review Contractor’s DBE payment logs. DBE goals are set to 0.0% for this project. • Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. • Permitting for environmentally sensitive areas. • Drainage analysis for approval by City of Fayetteville jurisdiction. • Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. • Services after construction, such as warranty follow-up, operations support, and Part 139 inspection support. 7. SCHEDULE 7.1. Garver shall begin work under this Agreement upon execution of this Agreement and shall complete the work within a mutually agreeable schedule with the Owner. Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit B-05 City of Fayetteville FYV Taxiway E Extension CPS Construction Administration WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 AM-2 C-3 C-2 hr hr hr hr hr hr hr 1. Civil Engineering Prepare IFC Plans and Specs and submit to Contractor 2 8 Prepare and Distribute Notice To Proceed 2 Prepare for Preconstruction Meeting 2 Develop Construction Management Plan 2 8 Attend Preconstruction Meeting (3 people, on-site) 3 3 3 Prepare and Distribute Preconstruction meeting minutes 1 2 Prepare Contractor Pay Application (5 applications) 5 15 Coordination with Inspector (4 hr/week) 12 44 32 Develop Submittal Log 2 4 Prepare Change Orders 2 4 4 Response to Contractor and RPR Inquiries 4 16 8 Certified Payroll Reviews 5 10 Prepare for and Attend (On-Site) Progress Meetings (2 people, 11 meetings)22 22 Prepare for and Attend (Virtual) Progress Meetings (2 people, 11 meetings)11 11 Site Visits (2 people, 5 trips) 10 10 Shop Drawings/Submittal Review & Responses 4 16 16 Final Inspection and Punchlist 4 4 4 Punchlist Coordination 4 4 Final Walkthrough 4 4 4 Develop and Distribute Record Documents 2 4 8 Subtotal - Civil Engineering 0 37 159 142 33 0 0 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit B-05 City of Fayetteville FYV Taxiway E Extension CPS Construction Administration WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 AM-2 C-3 C-2 hr hr hr hr hr hr hr 2. Electrical Engineering Prepare IFC Plans and Specs and submit to Contractor 2 2 Construction Management Plan 1 Attend Preconstruction Meeting (1 person, on-site) 2 Submittal Log 1 2 Change Orders 1 2 Response to Contractor and RPR Inquiries 4 2 Prepare for and Attend (Virtual) Progress Meetings (1 person, 22 meetings)22 Site Visits (1 person, 2 trips) 4 Shop Drawings/Submittal Review & Responses 2 8 Final Inspection and Punchlist 2 2 Punchlist Coordination 1 2 Final Walkthrough 2 2 Develop Record Documents 1 4 Coordinate Spare Parts and O&M Manuals 1 2 Subtotal - Electrical Engineering 0 45 0 29 0 0 0 Hours 0 82 159 171 33 0 0 SUBTOTAL - SALARIES: $25,174.44 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: $48,168.77 DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $75.30 Travel Costs (24 trips at 50 miles/trip) $780.00 SUBTOTAL - DIRECT NON-LABOR EXPENSES: $855.30 SUBTOTAL: $74,198.51 SUBCONSULTANTS FEE: $0.00 PROFESSIONAL FEE $11,001.48 TOTAL FEE: $85,200.00 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit B-05 City of Fayetteville FYV Taxiway E Extension CPS On-Site Resident Project Representative Services WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 AM-2 C-3 C-2 hr hr hr hr hr hr hr 1. Civil Engineering Review IFC Plans and Specifications 16 Attend Preconstruction Meeting (1 person, on- site)2 Review Construction Management Plan 8 Resident Project Representative Services (22 weeks @ 50 hr/Week)1100 Subtotal - Civil Engineering 0 0 0 0 0 0 1126 Hours 0 0 0 0 0 0 1126 SUBTOTAL - SALARIES: $63,078.52 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: $120,694.44 DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $61.10 Travel Costs (110 trips at 50 miles/trip) $3,600.00 SUBTOTAL - DIRECT NON-LABOR EXPENSES: $3,661.10 SUBTOTAL: $187,434.06 SUBCONSULTANTS FEE: $0.00 PROFESSIONAL FEE $27,565.94 TOTAL FEE: $215,000.00 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit B-05 City of Fayetteville FYV Taxiway E Extension CPS Materials Testing Services WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 AM-2 C-3 C-2 hr hr hr hr hr hr hr 1. Civil Engineering Coordination with Materials testing Firm 4 Review Test Results 8 8 Subtotal - Civil Engineering 0 0 12 8 0 0 0 Hours 0 0 12 8 0 0 0 SUBTOTAL - SALARIES: $1,137.12 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: $2,175.77 DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $35.18 SUBTOTAL - DIRECT NON-LABOR EXPENSES: $35.18 SUBTOTAL: $3,348.07 SUBCONSULTANTS FEE (MCE): $25,155.00 PROFESSIONAL FEE $496.93 TOTAL FEE: $29,000.00 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Exhibit B-05 City of Fayetteville FYV Taxiway E Extension CPS Project Closeout Services WORK TASK DESCRIPTION E-4 E-3 E-2 E-1 AM-2 C-3 C-2 hr hr hr hr hr hr hr 1. Civil Engineering Review and Submit Final Construction Pay Application 1 2 Prepare and Submit Final Reconciliation Change Order 2 2 Assemble and Review Summary of Project Costs 1 2 ALD Drafting 1 2 4 ALD Upload to OEAAA 1 2 Draft Final Construction Report and Submit to FAA, State, Owner 1 4 8 FAA Closeout Documents 1 4 8 ADA Closeout Documents 1 2 6 Subtotal - Civil Engineering 0 5 18 4 28 0 0 2. Electrical Engineering Draft Final Construction Report and Submit to FAA, State, Owner 2 2 Subtotal - Electrical Engineering 0 2 2 0 0 0 0 Hours 0 7 20 4 28 0 0 SUBTOTAL - SALARIES: $2,941.00 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: $5,627.31 DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $46.44 SUBTOTAL - DIRECT NON-LABOR EXPENSES: $46.44 SUBTOTAL: $8,614.75 SUBCONSULTANTS FEE: $0.00 PROFESSIONAL FEE $1,285.25 TOTAL FEE: $9,900.00 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 TSA TSA TS A TOFA TO F A TO F A RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA RSA TSA TSA TSA TSA TSA TSA TSA TSA TSA TSA TOF A TOFA TOFA TOFA TOFA TOFA TOFA TOFA TOFA TOFA TSA TSA TSA TSA TSA TSA TSA TS A TOFA TOFA TOFA TOFA TOFA TOFA TOFA TO F A Fi l e : L: \ 2 0 2 2 \ 2 2 A 1 3 2 1 2 - F Y V T a x i w a y E E x t e n s i o n \ D r a w i n g s \ E X H I B I T S \ E A P r o p o s e d A c t i o n L a y o u t ( O p t i o n 2 ) . d w g La s t S a v e : 5/ 2 / 2 0 2 4 1 1 : 4 0 A M La s t s a v e d b y : WW I r e l a n d La s t p l o t t e d b y : Ir e l a n d , W a d e W . Pl o t S t y l e : AE C m o n o . c t b Pl o t S c a l e : 1: 1 Pl o t D a t e : 5/ 2 / 2 0 2 4 1 1 : 4 0 A M Pl o t t e r u s e d : DW G T o P D F . p c 3 EX C-05 1 GEOTECHNICAL EXHIBIT WWI KAB (IN FEET) 0 50'100'200'300' LEGEND RUNWAY SAFETY AREARSA EXISTING PAVEMENT TAXIWAY SAFETY AREATSA TAXIWAY OBJECT FREE AREATOFA PROPOSED PAVEMENT DRAWN BY: DATE: JOB NO.: DESIGNED BY: RE V . DA T E DE S C R I P T I O N BY BAR IS ONE INCH ON ORIGINAL DRAWING IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY. 0 1" DRAWING NUMBER SHEET NUMBER MAY 2024 22A13212 THIS DOCUMENT, ALONG WITH THE IDEAS AND DESIGNS CONVEYED HEREIN, SHALL BE CONSIDERED INSTRUMENTS OF PROFESSIONAL SERVICE AND ARE PROPERTY OF GARVER, LLC. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THIS DOCUMENT, ALONG WITH THE IDEAS AND DESIGN CONTAINED HEREIN, IS PROHIBITED UNLESS AUTHORIZED IN WRITING BY GARVER, LLC OR EXPLICITLY ALLOWED IN THE GOVERNING PROFESSIONAL SERVICES AGREEMENT FOR THIS WORK. © 2022 GARVER, LLC DR A K E F I E L D FA Y E T T E V I L L E , A R FY V T A X I W A Y E EX T E N S I O N RUNWAY 16- 3 4 PROPOSED TW E TA X I W A Y D EXISTING TAXIWAY E TA X I W A Y B 3 LDA CRITICAL AREA PROJECT EXHIBIT Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 Docusign Envelope ID: 63870A09-A886-82E7-82C6-0235D745C978 3-05-0020-058-2026 U.S.Department Airports Division FAA ASW-630 of Transportation Arkansas/Oklahoma 10101 Hillwood Pkwy fil-3Federal Aviation Airports District Office Fort Worth,TX 76177 Administration Southwest Region August 18, 2026 The Honorable Molly Rawn Mayor of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Dear Mayor Rawn: The Grant Offer for Airport Improvement Program (AIP) Project No. 3-05-0020-058-2026 at Drake Field Airport is attached for execution.This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the Grant Offer carefully. You may not make any modification to the text,terms or conditions of the Grant Offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter"authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 11, 2026. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (federal payment), 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. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date four(4) years from the grant 1 3-05-0020-058-2026 execution date). 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. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future Grant Offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed,you are responsible for submitting formal reports as follows: > For all grants, you must submit by December 31St of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent(Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). > For non-construction projects,you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the federal fiscal year. ➢ For construction projects,you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each federal fiscal quarter. Audit Requirements. 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 $1,000,000 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 ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Kathy Franklin, (817) 222-5697, katherine.franklin@faa.govistheassigned 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, Nu fewri o,4deoe Femi Adeoye, P.E, CFM, PMP Manager(A) Arkansas/Oklahoma Airports District Office 2 3-05-0020-058-2026 O U.S. Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION FY 2026 AIRPORT IMPROVEMENT PROGRAM (AIP)GRANT AGREEMENT Part I -Offer Federal Award Offer Date August 18, 2026 Airport/Planning Area Drake Field Airport Airport Grant Number 3-05-0020-058-2026 Unique Entity Identifier FKCQRMDULFH9 TO: City of Fayetteville (herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names.The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHER EAS, the sponsor has submitted to the FAA a Project Application dated July 20, 2026, 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: Extend Taxiway E (Phase III -Construction) which is more fully described in the Project Application. 1 3-05-0020-058-2026 NOW THEREFORE, Pursuant to and for the purpose of carrying out Title 49, United States Code (USC), Chapters 471 and 475;49 USC§§40101 et seq. and 48103; Consolidated Appropriations Act, 2024 (Public Law Number(P.L.) 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); Consolidated Appropriations Act, 2026 (P.L. 119-75); FAA Reauthorization Act of 2024 (P.L. 118-63); Infrastructure Investment and Jobs Act of 2021 (IIJA) (P.L. 117-58) (as applicable); and the representations contained in the Project Application; and in consideration of: (a)the sponsor's adoption and ratification of the most recently published Grant Assurances; (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; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay(95)%of the allowable costs incurred accomplishing the Project as the United States'share of the Project. Assistance Listings Number(s): 20.116. 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 $3,477,544. 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 USC§47108(b): $3,477,544 for airport development. 2. Grant Performance. This agreement is subject to the following federal award requirements: a. Period of Performance: i. Start Date: The date the recipient formally accepts this agreement and the date signed by the last signatory to the agreement. ii. End Date: Four(4)years to the calendar day from the date of acceptance. iii. Extension of the Period of Performance (PoP):The recipient may request a one-time extension of up to one year after the PoP end date by submitting a request to the FAA.The request must include, at a minimum, supporting justification for the request and the amount of additional time requested.The request must be submitted at least 10 calendar days before the PoP end date.This one-time extension may not be exercised for the sole purpose of using unobligated balances. The PoP end date, or any extension as approved by FAA, shall not affect, relieve, or reduce recipient obligations and assurances that extend beyond the closeout of this agreement. b. Budget Period: i. For a single year grant offer, the budget period follows the same start and end date as the PoP provided in paragraph 2(a), and any extension of the PoP end date. ii. For a multi-year grant offer, per the authority provided in 49 USC §47108 and §47114, the budget period is from the initial PoP start date through the end of the final fiscal year identified on a multi-year grant offer(See Multi-Year Grant Special Condition, if applicable). 2 3-05-0020-058-2026 c. Appropriation Period of Availability and Expenditure: i. The FAA must obligate appropriated funds within the period of availability identified in the appropriation. ii. In accordance with 31 USC§ 1552, by September 30th of the fifth fiscal year after the period of availability, FAA must liquidate and close expired appropriations, and any remaining balance (whether obligated or unobligated) must be canceled and thereafter shall not be available for obligation or expenditure for any purpose. iii. IIJA and Supplemental AIP funding are subject to this condition. d. Close Out: Recipients shall begin the closeout process upon physical completion of the project(s) identified in this agreement. Closeout shall proceed expeditiously and without delay, even if the PoP end date has not been reached. In accordance with 2 Code of Federal Regulations (CFR) 200, unless the FAA authorizes a written extension, the recipient must submit all grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the PoP end date. If the recipient does not submit all required closeout documentation within this period, the FAA will proceed to close out the grant within one year of the PoP end date with the information available at the end of 120 days. e. Termination: The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occur: i. The recipient fails to comply with the terms and conditions of this agreement; ii. The recipient fails to obtain or provide any recipient grant contribution as required by the agreement; iii. There is a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the recipient; iv. Any project changes that the FAA determines are inconsistent with the FAA's basis for selecting the project to receive a grant; v. Continued grant payment inactivity, generally defined as no drawdowns over a 12-month period; vi. The recipient requests that the FAA terminate the agreement under this section; or vii. The FAA determines that termination of this agreement is in the public interest. In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. 3. Ineligible or Unallowable Costs. In accordance with 49 USC §47110,the sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 3 3-05-0020-058-2026 4. 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. 5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be made in accordance with 49 USC §47109,the regulations, policies, and procedures of the Secretary of Transportation ("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. 6. Completing the Project Without Delay and in Conformance with Requirements.The sponsor must carry out and complete the project without undue delay, and in accordance with this agreement, 49 USC Chapters 471 and 475, IIJA(P.L. 117-58) (as appropriate), and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308,the sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months, or a 25 percent reduction in time devoted to the project.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(s) unless this offer has been accepted by the sponsor on or before September 11, 2026, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a. 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. Upon request, the sponsor must furnish to the Secretary 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. b. The sponsor, a recipient, and a subrecipient under this federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Injury.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 agreement. 4 3-05-0020-058-2026 11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI). a. 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). b. 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/content/entity-registration. 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 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, 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, Maximum Obligation. 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. Environmental Standards.The sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, 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 USC § 50101,the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods 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. Build America, Buy America.The sponsor must comply with the requirements under the Build America, Buy America Act(P.L. 117-58). 5 3-05-0020-058-2026 18. Maximum Obligation Increase. In accordance with 49 USC §47108(b)(2), as amended,the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this grant: 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; c. May be increased by not more than the greater of the following for a land project, if funds are available: i. 15 percent; or ii. 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 USC§47109, or IIJA(P.L. 17-58), 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. 19. 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. Sponsors that expend less than $1,000,000 in federal awards and are exempt from federal audit requirements must make records available for review or audit by the appropriate federal agency officials, state, and Government Accountability Office. The FAA and other appropriate federal agencies may request additional information to meet all federal audit requirements. 20. 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: i. Checking the System for Award Management(SAM.gov) exclusions to determine if the non- federal entity is excluded or disqualified; or ii. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or iii. Adding a clause or condition to covered transactions attesting the 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 with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever(1) the sponsor learns they have entered into a covered transaction with an ineligible entity or(2) the public sponsor suspends or debars a contractor, person, or entity. 6 3-05-0020-058-2026 21. 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: i. 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. ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: 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. f. The sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this grant. 22. Trafficking in Persons. a. Posting of contact information. i. The sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone,text, or TTY) in all public airport restrooms. b. Provisions applicable to a sponsor that is a private entity. i. Under this grant, the sponsor, its employees, subrecipients under this grant, and subrecipient's employees must not engage in: a) Severe forms of trafficking in persons; b) The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect; c) The use of forced labor in the performance of this grant; or any subaward; or d) Acts that directly support or advance trafficking in persons, including the following acts: 1. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; 2. Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: a. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 7 3-05-0020-058-2026 b. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; 3. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; 4. Charging recruited employees a placement or recruitment fee; or 5. Providing or arranging housing that fails to meet the host country's housing and safety standards. ii. The FAA may unilaterally terminate this grant or take any remedial actions authorized by 22 USC§ 7104b(c), without penalty, if any private entity under this grant: a) is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant; or b) has an employee that is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant through conduct that is either: 1. Associated with the performance under this grant; or 2. Imputed to the recipient or 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 the FAA at 2 CFR Part 1200. c. Provisions applicable to a sponsor other than a private entity. i. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 USC§7104b(c), without penalty, if subrecipient is a private entity under this grant: a) is determined to have violated a prohibition in paragraph 2.a. (PoP) of this grant or b) has an employee that is determined to have violated a prohibition in paragraph 2.a. (PoP)of this grant through conduct that is either: 1. Associated with the performance under this grant; or 2. Imputed to the sponsor or 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 the FAA at 2 CFR Part 1200. d. Provisions applicable to any sponsor or subrecipient. i. The sponsor or subrecipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph 2.a. (PoP) of this grant. ii. The FAA's right to unilaterally terminate this grant as described in paragraphs 2.b. (Budget Period) or 3.a. (Close Out and Termination) of this grant, implements the requirements of 22 USC Chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this grant. 8 3-05-0020-058-2026 iii. The sponsor must include the requirements of paragraph 2.a. (PoP) of this grant award term in any subaward it makes to a private entity. iv. If applicable, the sponsor must also comply with the compliance plan and certification requirements in 2 CFR§ 175.105(b). e. Definitions. For purposes of this grant award, term: i. "Employee" means either: a) An individual employed by the sponsor or a subrecipient who is engaged in the performance of the project or program under this grant; or b) Another person engaged in the performance of the project or program under this grant and not compensated by the sponsor or a subrecipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. ii. "Private Entity" means: a) Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR§200.1. b) The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the Victims of Trafficking and Violence Protection Act of 2000, as amended (22 USC § 7102). 23. Grant Funded Work Included in a PFC Application. Within 120 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 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. 24. Exhibit"A" Property Map.The Exhibit"A" Property Map dated July 01, 2011, is incorporated herein by reference, or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 USC§4701, an employee of a grantee, subgrantee contractor, recipient, or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 41 USC§4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant,a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 USC§4712. See statutory requirements for whistleblower protections at 10 USC §4701,41 USC§4712, 41 USC§4304, and 10 USC§4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 §889] and 2 CFR §200.216. 9 3-05-0020-058-2026 27. Critical Infrastructure Security and Resilience.The sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security(DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act.As a condition of a grant award, the sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964(42 USC§§2000d et seq.) and implementing regulations(49 CFR Part 21), the Airport and Airway Improvement Act of 1982 (49 USC §47123),the Age Discrimination Act of 1975 (42 USC§ 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC§794 et seq.),the Americans with Disabilities Act of 1990(42 USC § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto.This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project.The sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, and genetic information, in consideration for federal financial assistance.The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. Applicable Federal Anti-Discrimination Laws.The sponsor agrees: a. That its compliance in all respects with all applicable federal anti-discrimination laws is material to the government's payment decisions for purposes of 31 USC§ 3729(b)(4) and b. To certify that it does not operate any programs promoting Diversity, Equity, and Inclusion (DEI) that violate any applicable federal anti-discrimination laws. 30. National Airspace System Requirements. a. The sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities.The sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If FAA determines that the sponsor has violated subsection a., the FAA may impose a remedy, including: i. Additional conditions on the award; ii. Consistent with 49 USC Chapter 471, any remedy permitted under 2 CFR§§ 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 CFR part 180; or iii. Any other remedy legally available. 10 3-05-0020-058-2026 c. In imposing a remedy under this condition,the FAA may elect to consider the interests of only the FAA. d. The sponsor acknowledges that amounts that the FAA requires the sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards(31 CFR Parts 900- 904). 31. Signage Costs for Construction Projects.The sponsor agrees that it will require the prime contractor of a federally-assisted airport improvement project to post signs consistent with a DOT/FAA- prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 11 3-05-0020-058-2026 SPECIAL CONDITIONS 32. Lighting.The sponsor must operate and maintain lighting systems during the useful life of the system in accordance with applicable FAA standards. 33. Environmental—Mitigation Measures. Environmental approval for this project was issued on June 12, 2024.This project includes the following mitigation measures: Debit 14.3 wetland credits and 1,188 stream credits from an approved and operating mitigation bank which services the area as a primary service area, or 28.6 wetland credits and 2,376 stream credits for an approved and operating mitigation bank which services the area as a secondary service area. The sponsor understands and agrees to complete the above-listed mitigation measures to standards satisfactory to the FAA. It is further mutually agreed that the reasonable cost of completing these mitigation measures is an allowable cost within the scope of this project. 34. 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 Maintenance-Management, which is codified at 49 USC§47105(e). The sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, rehabilitated, or repaired with federal financial assistance at the airport.The sponsor further agrees that the program will: a. 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 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: i. Location of all runways, taxiways, and aprons; ii. Dimensions; iii. Type of pavement; and, iv. Year of construction or most recent major reconstruction, rehabilitation, or repair. 2. Inspection Schedule. i. 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 current version of Advisory Circular 150/5380- 6, the frequency of inspections may be extended to three years. ii. 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 12 3-05-0020-058-2026 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: i. Inspection date; ii. Location; iii. Distress types; and iv. 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. 35. 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: i 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; ii 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; iii Procedures for determining that the testing laboratories meet the requirements of the ASTM International standards on laboratory evaluation referenced in the contract specifications (i.e.,ASTM D 3666,ASTM C 1077); iv Qualifications of engineering supervision and construction inspection personnel; v 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 vi 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. a) Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed and 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. b) Failure to provide a complete report as described above, or failure to perform such tests will, absent any compelling justification, result in a reduction in federal participation for 13 3-05-0020-058-2026 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. 14 3-05-0020-058-2026 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 Oi fenii O Adeoye DLifeni vi;..derve C8- S2[i26 CDT (Signature) Olufemi 0 Adeoye (Typed Name) Manager (A) (Title of FAA Official) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines, imprisonment, or both. 15 3-05-0020-058-2026 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.2 Dated September 3, 2026 City of Fayetteville (Name of Sponsor) Molly Ra n (09/03/2026 14 58:07 CDT) (Signature of Sponsor's Authorized Official) By: Molly Rawn (Typed Name of Sponsor's Authorized Official) Title: Mayor of Fayetteville (Title of Sponsor's Authorized Official) 2 Knowingly and willfully providing false information to the Federal Government is a violation of 18 USC § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 3-05-0020-058-2026 CERTIFICATE OF SPONSOR'S ATTORNEY I, Kit Williams , 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; and Title 49, United States Code (USC), Chapters 471 and 475;49 USC§§40101 et seq., and 48103; Consolidated Appropriations Act, 2024(P.L. 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); Consolidated Appropriations Act, 2026 (P.L. 119-75); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. 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 September 3, 2026 k::U-Watiet ,c- BY: _F ._C'G (Signature of Sponsor's Attorney) 3 Knowingly and willfully providing false information to the Federal Government is a violation of 18 USC § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 3-05-0020-058-2026 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, USC, 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. 3. 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. 1. 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, 23, 25, 30, 32, 33, 34, 37, and 40 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. Airport Sponsors Assurances Page 1 of 19 3-05-0020-058-2026 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements It will comply with all applicable federal laws, regulations, executive orders, policies, guidelines,and requirements as they relate to the application, acceptance, and use of federal funds for this grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 USC subtitle VII, as amended. b. Davis-Bacon Act, as amended — 40 USC§§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act—29 USC§201, et seq. d. Hatch Act—5 USC§ 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601, et seq.1,2 f. National Historic Preservation Act of 1966—Section 106—54 USC§ 306108.1 g. Archeological and Historic Preservation Act of 1974—54 USC§ 312501, et seq.' h. Native Americans Grave Repatriation Act—25 USC§ 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended—42 USC§ 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended—16 USC § 1451, et seq. k. Flood Disaster Protection Act of 1973—Section 102(a)-42 USC §4012a.1 I. 49 USC § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973—29 USC§794. n. Title VI of the Civil Rights Act of 1964 (42 USC§ 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 USC § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975—42 USC§ 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended—42 USC§4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978—Section 403—42 USC §8373.1 t. Contract Work Hours and Safety Standards Act—40 USC § 3701, et seq.' u. Copeland Anti-kickback Act—18 USC§874.1 Airport Sponsors Assurances Page 2 of 19 3-05-0020-058-2026 v. National Environmental Policy Act of 1969—42 USC§4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended—16 USC§ 1271, et seq. x. Single Audit Act of 1984—31 USC§ 7501, et seq.2 y. Drug-Free Workplace Act of 1988—41 USC §§8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58,Title VIII. cc. Build America, Buy America Act, P.L. 117-58,Title IX. dd. Endangered Species Act—16 USC 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended—20 USC 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended—21 USC 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended—42 USC§4541, et seq. hh. Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended—42 USC§4541, et seq. ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions—31 USC§ 1352. EXECUTIVE ORDERS a. Executive Order 11990—Protection of Wetlands b. Executive Order 11988—Floodplain Management c. Executive Order 12372—Intergovernmental Review of Federal Programs d. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005—Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149—Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151—Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154—Unleashing American Energy i. Executive Order 14168—Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173—Ending Illegal Discrimination and Restoring Merit-Based Opportunity Airport Sponsors Assurances Page 3 of 19 3-05-0020-058-2026 FEDERAL REGULATIONS a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3,4'5 c. 2 CFR Part 1200—Nonprocurement 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—Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR §50.3-U.S. Department of Justice Guidelines for the 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 in 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 Nonconstruction 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 20—New Restrictions on Lobbying. n. 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. o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.''2 q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 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. u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). Airport Sponsors Assurances Page 4 of 19 3-05-0020-058-2026 v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities(ADA). w. 49 CFR Part 38—Americans with Disabilities Act(ADA)Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41—Seismic Safety. FOOTNOTES TO ASSURANCE(C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for state and local governments receiving federal assistance. Any requirement levied upon state and local governments by this regulation shall apply where applicable to private sponsors receiving federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. 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. 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. Airport Sponsors Assurances Page 5 of 19 3-05-0020-058-2026 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. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in 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. b. Subject to 49 USC§47107(a)(16) and (x), 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 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. c. 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. f. 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 ensure that the airport will be operated and maintained in accordance with Title 49, United States Code,the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure 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 Airport Sponsors Assurances Page 6 of 19 3-05-0020-058-2026 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. 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-Management. 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 49 USC§44706, 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. Airport Sponsors Assurances Page 7 of 19 3-05-0020-058-2026 13. Accounting System,Audit,and Record Keeping Requirements. a. 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. b. 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 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 under 40 USC §§3141-3144, 3146, and 3147, Public Building, Property, and Works), 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 49 USC§47112. 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 Airport Sponsors Assurances Page 8 of 19 3-05-0020-058-2026 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. 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. a. 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 3. Promptly notifying pilots 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 Airport Sponsors Assurances Page 9 of 19 3-05-0020-058-2026 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 ensure 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 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. a. 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. e. 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 Airport Sponsors Assurances Page 10 of 19 3-05-0020-058-2026 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. g. 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. i. 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: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. 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 Airport Sponsors Assurances Page 11 of 19 3-05-0020-058-2026 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. a. 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: 1. 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. 2. 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 49 USC§47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. 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 49 USC§47107. 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 Airport Sponsors Assurances Page 12 of 19 3-05-0020-058-2026 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 cPrretary 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. 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: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each 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 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. Airport Sponsors Assurances Page 13 of 19 3-05-0020-058-2026 29. Airport Layout Plan. a. The airport owner or operator will maintain a current 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. b. Subject to subsection 49 USC§47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities 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 its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, 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,color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964(42 USC§§ 2000d to 2000d-4); creed and sex per 49 USC§47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this grant. Airport Sponsors Assurances Page 14 of 19 3-05-0020-058-2026 a. Using the definitions of activity,facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e),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 1. 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. 2. 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. 3. 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: "The (City of Fayetteville), in accordance with the provisions of Title VI of the Civil Rights Act of 1964(42 USC§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability 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 Department of Transportation (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. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. Airport Sponsors Assurances Page 15 of 19 3-05-0020-058-2026 3. 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 (including limited English proficiency), creed, sex, age, or disability 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. f. 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. a. 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 49 USC §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 USC§§ 47114,47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment 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 Airport Sponsors Assurances Page 16 of 19 3-05-0020-058-2026 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, 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 49 USC §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 USC§§47114,47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment 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. If any phase of such project has received federal funds under Chapter 471 subchapter 1 of Title 49 USC, 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 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(https://www.faa.Rov/airports/aip/aip pfc checklist) for AIP projects as of July 20, 2026. Airport Sponsors Assurances Page 17 of 19 3-05-0020-058-2026 35. Relocation and Real Property Acquisition. a. 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. -`-- b. - It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 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(DBE)/Airport Concessions Disadvantage Business Enterprise (ACDBE) Program. 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 Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC§ 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC§§ 3801-3809, 3812). 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. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 USC §47102) 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; Airport Sponsors Assurances Page 18 of 19 3-05-0020-058-2026 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. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL)was made available at an airport, at any time during calendar year 2022,an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees,that any violation of this grant assurance is subject to civil penalties as provided for in 49 USC§46301(a)(8). Airport Sponsors Assurances Page 19 of 19 3-05-0020-058-2026 Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 1 of 11