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HomeMy WebLinkAbout155-05 RESOLUTION• RESOLUTION NO. 155-05 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $1,165,206.00 AND APPROVING A CHANGE ORDER REDUCING THE CONTRACT AMOUNT BY $486,923 00, TO CONSTRUCT THE WEST GENERAL AVIATION APRON; APPROVING A 5% PROJECT CONTINGENCY OF $29,130.00; AND ACCEPTING GRANTS FROM THE FAA AND ARKANSAS DEPARTMENT MENT OF AERONAUTICS. 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 awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $1,165,206.00 and approving a Change Order reducing the contract amount by $486,923 00, to construct the West General Aviation Apron. A copy of the contract and Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% project contingency of $29,130.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts grants from the FAA and Arkansas Department of Aeronautics totaling $678,183.00. PASSED and APPROVED this 2nd day of August, 2005. .uumnnrr. :`mac. G\SY pr 6 •. -Pc: SV• ••13". :FAYETTEVILLE: ;9J,.9RKAN P. ) AT -TEST: '•.,,ju. Crnit... By: Ov\C1L4J Mnc ' SONDRA SMITH, City Clerk APPROVE By: AN COODY, Mayor CONTRACT • THIS AGREEMENT, made and entered into on the ana day of 2005, by and between McClinton -Anchor, a Division of APAC, herein called the ontractor, and the City of Fayetteville: WITNESSETH: That McClinton -Anchor, a Division of APAC, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: I. That McClinton -Anchor, a Division of APAC, shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled: West Side GA Apron Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-034- 2005 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 14 Sheets 2. That the City of Fayetteville hereby agrees to pay to McClinton -Anchor, a Division of APAC for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of One Million One Hundred Sixty Five Thousand, Two Hundred Six & 00/100 Dollars ($1,165,206.00). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 150 days after the date when the Contract Time commences to run, as provided in the Noticc to Proceed. 4. Liquidated Damages: City of Fayetteville and McClinton -Anchor, a Division of APAC, recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and McClinton -Anchor, a Division of APAC, agrce that as liquidated damages for delay (but not as a penalty) McClinton -Anchor, a Division of APAC, shall pay City of 1: \200505212715 P EC STAA\00500. DOC Section 00500 - 1 • 1 Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to McClinton -Anchor, a Division of APAC, on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by McClinton -Anchor, a Division of APAC, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by McClinton -Anchor, a Division of APAC, of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by McClinton - Anchor, a Division of APAC, in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by McClinton -Anchor, a Division of APAC, of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, McClinton -Anchor, a Division of APAC, shall, at its expense, within 5 days after the receipt of notice from the City of Fayetteville, fumish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to McClinton -Anchor, a Division of APAC, shall be deemed to be due under this Agreement until such new or additional security for the faithful perfor- mance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville, McClinton -Anchor, a Division of APAC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. ):\2005052127SPECSWAA\00500.DOC Section 00500 - 2 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts be deemed an original Contract. SEAL: ATTEST: c&vict t. City Clerk %%%%%Ftto =U� •A? FAYETfEVILLE• E % ,'y NG W:\200A052127\ SPECSIFAA 00500.DOC McClinton -Anchor, a Division of APAC By4Lvnt.0 A. £k leuViaielute Title CITY OF FAYETTEVILLE By It i / „:„.... Dan Coody, ayor Section 00500 - 3 • • Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DA ESUBMITTED July 2005 AppKaN bNNM1er FY052127 1. TYPE OF SUBMISSION' Applicator, El Conatnicuon 13Non-Construction PreapPkcaton 0 Constnactton 0 Non-Constnictioll 3. DATE RECCMD BY STATE Slaw Application Weather 4 DATE RECENT -ED BY FEDERAL AGENCY reMra TWNw 3-05-0020-034-2005 5. APPLICANT INFORMATION Legal Name. City of Fayetteville Organizational Una: Depanmeni: Airport Department Organizational DUNS' Division: Address: Name and telephone number of person to bo contacted on matters involving this application (give area code) Street: 4500 S. School, Suite F Prefix: Mr. First Name. Ray City: Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas J Zip Code: 72701 Suffix: Director of Emad rboudreaux©cl.fayetteville.ar.us Phone number (give area 476-718-7642 Aviation code): I FAX number (give area code): I 479-718-7646 Country: United States 6. EMPLOYER IDENTIFICATION NUMBER EIN): 7 I 1 _6 10 1 8 14 16 2 j 8 TYPE OF APPLICATION ® New • Contnualon ElRevisionI— 7. TYPE rOF APPLICANT: (See back of fonn lar Application Types) C� Other (specify) 11 Re ,son, enter appropriate letter(s) n boa(n): (See back of form for descrpton of letters) 9. NAME OF FEDERAL AGENCY SW Region Oren (specify)FAA 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: West Side General Aviation Apron Improvements 2 0 _ �NUMBER 1I0I6 TITLE'. 12. AREAS AFFECTED BY PROJECT Washington County, Arkansas (cities. counties. states. etc) 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Sian Date Sept 2005 Ending Date July 2006 a. Applcant Third b. Prayed Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes 0 THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b No. ❑ PROGRAM 15 NOT COVERED BY E. O. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal 3 928,030 as b. Applicant 1 200 O0 c. State S 48,844 To a. Local 1 DO e. Other S w 1. Program ncome $ O0 17. IS THE APPLICANT DEUNOUENT ON ANY FEDERAL DEBT? QYes It 'Yes' attach an explanation ® No g. TOTAL $ 977,074 00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Auihorued Representative Prefix Mr. 1 First Name Dan Last Name Coody Suffix b. Tine Mayor c. Telephone number (give area code) 479-575-8330 d. Signature of Authorized Representative e. Date Signed renous Edcoons Nol Usable AuIhortred tor Local Reproduction Standard Fpm 424 (Rev 9.2003) Prescribed by OMB Cucuta/ A-102 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAAVIATION ADMINISTRATION PART 0 1 PROJECT APPROVAL INFORMATION SECTION A OMB 110. 80-R0184 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Goveming Body Primary Rating Item 2. Does this assistance request require State, or local advisory educational or health clearances? No Name of Agency or Board Yes X (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Date Item 5. Is the proposal project covered by an approved comprehensive plan? Yes X No Check one: State o Local o Regional o Location of Plan )tem 6. Will the assistance requested serve a Federal Installation? Yes X No Name of Federal Installation Federal Population benefiting from Project Item 7. Name of Federal Installation Will the assistance requested be on Federal land or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? _Yes X No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of Individuals families, businesses, or farms? Yes X No Number of: Individuals. Families. Businesses. Farms. Item 10. Is there other related Federal assistance on this project previous. pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART 11 - SECTION C The Sponsor hereby represents and ccnifies as follows: oath NO. 04-80209 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the Unitcd States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There arc no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land' which are to be developed or uscd as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": The Sponsor holds fee simple title to Tract A and easements shown in Tract R of the attached property map, Exhibit "A". Title for Tracts A and 13 were approved under previous projects. Status has not changed since approval. Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D, E, and FI. State character of property interest in each area and list and identify for each all exceptions. encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The .separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • 1 U.S. DEPARTMENT Of TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART 11 - SECTION C (Continued ) ouawo. 01-R0209 The Sponsor further certifies that the above is based on a title examination by a qualified attomcy or title company and that such attorney or title company has determined that thc Sponsor holds thc above interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land' on which such construction work is w be performed, all of which areas are identified on the aforementioned property map designatcd as Exhibit "A": None. (C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which arc to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas arc identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Fonn 5100-100 (4-76) Page 3b FAA AC 81-06913 • U.B. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO. 8O -R0184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.106 SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment • or (-) 1. Administration expense $ $ $ 1,500 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 53,300 5. Other Architectural engineering fees 7,400 6. Project inspection fees 28,150 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 886,724 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 977,074 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 977,074 17. Less: Ineligible Exclusions 200 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 976,874 20. Federal Share requested of Line 19 928,030 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 8 21) 928,030 23. Grantee share 200 24. Other shares (Ark Dept of Aeronautics) 48,844 25. Total Project (Lines 22 23 8 24) $ $ $ 977,074 AA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • SECTION C - EXCLUSIONS Classification Ineligiblefor Participation ( 1) Excluded From Contingency Provision (2) a. $ $ b. c. d. e. f. 9• Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) $ 200 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 200 28. Other Shares a. State (Ark Dept of Aeronautics) 48,844 b. Other c. Total Other Shares 48,844 29. TOTAL $ 49,044 SECTION E — REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100.1- PAGES 1 TIIRU 7 Page 5 • • PART IV PROGRAM NARRATIVE STATEMENT WEST SIDE GA APRON IMPROVEMENTS FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The proposed improvements are located at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of these improvements is to provide additional apron for GA aircraft parking and apron for future Corporate Hangars, in accordance with the ongoing Master Plan Update, as at numerous times the apron for the FBO parking is full of aircraft. 1. This apron area will provide additional GA Aircraft Parking and access to the future Corporate Hangars around part of this apron. J: \2005 05212 TC O R R E S W A R RAT I V E. 0630. D O C 'V Pi 171 7o C C O 2 H ro 9x n t m O z 0 rnz 0 H r • n n or m Z r- • r O • O r n m O n I me > r �H • z 0 0 m • Z m 1m .< > Z zn .T K m H r m o v > 0 > O r. v m m -nr -3 r 33 0 b v cn m X -.1 ro Po m0 < S H H n H . z H H H 0 z0� Z z 0 H m C H N 1-1H H z 1n n r m M M 0 m •1 m H r z 0 cn "D r Z \ m 6601 TV' co, „is tak H 0 .\1, a z e V1 m H !n rl nX m V G H P=79 =n p R� C y M 01 0 z N H Rt 0 In H H m r. m 1303.5' L AVMH91H 'S 1• •o _ \ H n 9 n a 9 H H N H c • H H n • 0 H f O H 1 :;-1 N C 530' r ? N U 73 H[*1HZ O n H 0 1807.1.7' 1 • U to 3NI1 Aill3d w O 1320' N O' 0 O 13'0' H m D N nm H 3 .z X � • • 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, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the 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 the 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 the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a) et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201 et seq. d. Hatch Act - 5 U.S.C. 1501 et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601 et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 Airport Assurances (9/99) 1 • • g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001 et seq. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a 1 Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101 et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151 et seg..; r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327 et seq.' t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 et seq.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501 et seq.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments? 49 CFR Part 20 - New restrictions on lobbying. 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. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 Airport Assurances (9/99) 2 • • m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and government wide requirements for drug-free workplace (grants). p. 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. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. Public Agency Sponsor: It has legal authority to apply for the 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. Private Sponsor It has legal authority to apply for the 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 the 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 Assurances (9/99) 3 • • For noise compatibility program protects 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 the 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. 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 the 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 the 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. 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. 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. 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 insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 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. Airport Assurances (9/99) 4 • • 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. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. 11 will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the 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 the grant was given or used, it shall file a certified copy of such audit with Airport Assurances (9/99) 5 • • 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 the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis - Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the 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 Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. 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. 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 It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. 11 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. Airport Assurances (9/99) 6 • • 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 airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and 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. 21. Economic Nondiscrimination. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical Airport Assurances (9/99) 7 • • activities, including commercial aeronautical activities offering services to the public at the airport. 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. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory 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. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. 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. 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 Airport Assurances (9/99) 8 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 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. Provided, however, that 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. 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 Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: Airport Assurances (9/99) a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b, for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the 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: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) 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, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, Airport Assurances (9/99) 10 taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, 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, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim Airport Assurances (9/99) 11 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. c. Disposition of such land under (a) or (b) 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. 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 with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 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 the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) 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. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient 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 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). Airport Assurances (9/99) 12 STANDARD DOT TITLE VI ASSURANCES City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT I During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,00¢lr each such faijyre. Signed Title Moor _ Date .d 005 CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (0 Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (dX2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (Continued) Alternate I. (Grantees Other Than Individuals) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Fayetteville Municipal Airport, Drake Field 4500 S. School Ave. Fayetteville, Arkansas Check ❑ if there are workplaces on file that are not identified here. Dan Coody July ,2005 Date U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS City of Fayetteville Fayetteville Municipal (Sponsor) (Akpof) West Side General Aviation Apron Improvements (work Description) 3-05-0020-034-2005 (Projoct Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. Yes No N/A 1. Solicitations were (will be) made to ensure fair and open ® ❑ ❑ competition from a wide area of interest. 2. For contracts over $100,000, consultants were (will be) selected using competitive procedures based on qualifications, ® ❑ ❑ experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are ® ❑ ❑ not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be) obtained ® ❑ ❑ from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of ® ❑ ❑ responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in ® ❑ ❑ solicitations, contracts, and related project documents. tray. 1 a1 2 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS City of Fayetteville Fayetteville Municipal Airport (Sponsor) (Airport) West Side General Aviation Apron Improvements (work Doscription) 3-05-0020-034-2005 (Project Number) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One —General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set ® ❑ ❑ forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least 0 ❑ El two manufacturers can meet the specification. 3. The development included (to be included) in the plans is ® ❑ ❑ depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) ® ❑ ❑ omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 ® ❑ El are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, ® ❑ ❑ concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the 0 ❑ ❑ Federally approved environmental finding. Yes No N/A 7. Mandatory contact provisions for grant -assisted contracts have ® ❑ been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting ® ❑ ❑ prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement, and future work will not be initiated beyond five years. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Fayetteville (Name of Sponsor) (Signature of Sponsor's Designated Official Representa(ive) Dan Coody (Typed Name of Sponsor's Designated Official Representative) (Typed Tale of Sponsor's Designated Official Representative) July .2005 (Date) Pig. 1 of 2 Yes No N/A 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA as well ® ❑ ❑ as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans ® ❑ ❑ and specifications that were foreseeable at the time of project design. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked no that is correct and complete. City of Fayetteville (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) Dan Coody (Typed Name of Sponsor's Designated Official Representative) Mayor (Typed Title of Sponsor's Designated Official Ropmsentafree) July .2005 (Date) a U.S. Department ri gl na 1 of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER August 10, 2005 Date of Offer Fayetteville Municipal (Drake Field) Airport 3-05-0020-034-2005 Grant No 134398903 DUNS No TO: FROM City of Fayetteville (herein called the Sponsor-) The United States of America (acting through the Federal Aviation Administration, herein called the 'FAA') WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 9, 2005, for a grant of Federal funds for a project at or associated with Fayetteville Municipal (Drake Field), which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct West Side General Aviation Apron, Phase I all as more particularly described in the Project Application. WHEREAS, this project will not be completed during Fiscal Year 2005 and the total United States' share of the estimated costs of the completion will be $928,030.00. FAA Form 5100-37 (1089) Page lot 6 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95%) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $778,030.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $928,030.00 for airport development 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. MULTI -YEAR GRANTS - LETTER OF AGREEMENT: The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United States' share of the total estimated cost of completion, except as provided in Section 47108(b) of the Act. Under Section 47108 of the Act, as amended, and at the Sponsor's request, the FAA commits the United States to obligate an additional amount to this project for FY -2006 pursuant to Section 47114 of said Act, and subject to the restrictions on the use of such apportionments now or hereafter imposed on FAA by statute now or hereafter enacted by any regulation. It is further understood by the parties that this commitment does not in itself obligate, preclude, nor restrict the FAA in the use of any funds made available for discretionary use under Section 47114 of said Act to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of the law. The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the Sponsor stating the current maximum obligation for this project. This letter will be issued to the Sponsor by FAA when such computation and obligation can be made in FY -2006. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and part of, this agreement. 4. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 6. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 26, 2005, or such subsequent date as may be prescribed in writing by the FAA. 8. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid FAA Forth 5100-37 (10-89) Page 2 of 6 pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 9. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 10. FOR SPONSORS USING LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 11. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 12. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) 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 Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. FAA Form 5100-37 3 of6 c. 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 types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 13. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. FAA Form 5100-37 (10-89) Page 4 of 6 14. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 15. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: may not be increased for a planning project; g. may be increased by not more than 15 percent for development projects; h. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. The Sponsors acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsors acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINIS1 Edward (Typed Name) Manager, Arkansas/Oklahoma Airports Development Office FAA Forth 5100-37 (10-89) Page 5 of 6 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this Zrd day of , 2005. (SEAL) City of Fayetteville (Name of Sponsor) of Sponsor's Designated Of�c14 Ropresent ative) By: (Typed Name of Sponsor's Ddsign ed icial Representative) Title: _Q� Attest: (Typed Title of Sponsor's Designated Official Representative) Title: CERTIFICATE OF SPONSOR'S ATTORNEY I, K %i W t 1I to rt c ,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 has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. 5 Dated at this day of 2005. By q(�- (Signature f Sponsors Attorney) FAA Form 5100.37 (10-89) Page 6 of 6 Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED July 2005 Appfu V Idm4M1u FY052127 I. TYPE OF SUBMISSION Appbcaton 0 Construction ❑ Non -Construction Preappliralion ❑ Construcuon ❑ Non.ConstrucUon 3 DATE RECEIVED BY STATE Suits Appkralo, Idmni i I. DATE RECENCD BY FEDERAL AGENCY — /O CT redeM lden4w 3-05-0020-034-2005 S. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational UnK_ Department: Airport Department Organizational DUNS: /3 .s 396 9O 3 Division: Address: Name and telephone number of person to be contacted on matters Involving this application (give area code) Street: 4500 S. School, Suite F Prefix'. Mr. First Name. Ray City: Fayetteville Middle Name: County Washington State* Arkansas Zip Code: 72701 Last Name. Boudreaux Suffix: Director of Aviation Country: United States Email: rboudreaux@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN): i 7 1_ 6 0 1 8ll 4 6 2 Phone number (give area code): FAX number (give area code). 476-718-7642 479-718-7646 8 TYPE OF APPLICATION: 0 New Cl CoMnualon ❑ Rension I r., U Revision, enter approprare Icner(s) n box(es): ll (See tack of tom, for description of le lens) u9. Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER FIT -01. 1 0 6 TITLE'. 7. TYPE OF APPLICANT: (See back of form for Application Types) Other (specify) NAME OF FEDERAL AGENCY FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: West Side General Aviation Apron Improvornents 12. AREAS AFFECTED BY PROJECT (cities. counties, states. etc). Washington County,Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Sian Date Sept 2005 Ending Date July 2006 a Applicant Third b. Protect Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes ❑ THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No ❑ PROGRAM IS NOT COVERED BYE. 0 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal 1 928,030 - b. Applicant $ 200 c. State $ 48,844 .00 d. Local $ -00 e Other f I. Program' income f 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? QYes n'YesattlMT 8r, explanation ® No g TOTAL $ 977,074.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. o Aulnorued Representative Prefix Mr. First Nana Dan Suffix Last Name Coody b. Title May _ _ d. Signature ul RDDr e — c. Telephone number (give area code) 479-575-8330 e Date Signed 89O YTQVOU! Ea Se ructio / f vrevioAuthOtized to Local Reploducton U Stardard Form AN (Rev.9 2o03) Resaibed by OMB Circular A -t02 U.S. DEPARTMENT OF TRANSPORTATION - FEDEtAVIATION ADMINISTRATION • PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X No Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Name of Governing Body Primary Rating Name of Agency or Board (Attach Documentation) (Attach Comments) Yes _No Item 4. Name of Approving Agency Does this assistance request require State, local, regional or other planning approval? Date Yes X No Item 5, Check one: State o Is the proposal project covered by an approved Local o comprehensive plan? Regional o Yes X No Location of Plan Item 6. Name of Federal Installation Will the assistance requested serve a Federal Federal Population benefiting from Project installation? Yes X No Item 7. Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? Yes X No Percent of Project Item 8. See instruction for additional information to be Will the assistance requested have an impact or effect provided on the environment? _Yes X No Number of: Item 9. Individuals. Will the assistance requested cause the displacement of Families. individuals families, businesses, or farms? Businesses. Yes X No Farms. Item 10. See instructions for additional information to be Is there other related Federal assistance on this provided. project previous, pending, or anticipated? Yes X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04at0209 PART 11- SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land • which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": The Sponsor holds fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved under previous projects. Status has not changed since approval. Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D, E, and H. State character ofproperty interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases. etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Fonn 5100-100 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land' on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. (C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land' which are to be developed or used as pan of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases. etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 51011100 (4-76) Page 3b FAA AC 81-06913 C1 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMe NO, 80-R0184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A -GENERAL 1. Federal Domestic Assistance Catalog No ............. _.................. 20.106 2. Functional or Other Breakout...... .._...._ .................................. SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment • or (-) 1. Administration expense $ $ $ 1,500 2. Preliminaryexpense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 53,300 5. Other Architectural engineering fees 7,400 6. Project inspection fees 28,150 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 886,724 12, Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 977,074 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 977,074 17. Less. Ineligible Exclusions 200 18, Add: Contingencies 19, Total Project Amt. (Excluding Rehabilitation Grants) 976,874 20. Federal Share requested of Line 19 928,030 21. Add Rehabilitation Grants Requested (100 Percent) 22, Total Federal grant requested (lines 20 & 21) 928,030 23. Grantee share 200 24. Other shares (Ark Dept of Aeronautics) 48,844 25. Total Project (Lines 22, 23 & 24) $ $ $ 977,074 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 C U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO, 8O -R0184 SECTION C - EXCLUSIONS Classification Ineligible for (1) Excluded From Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) $ 200 d. Bonds e. Tax Levies I. Non Cash g. Other (Explain) h. TOTAL - Grantee share 200 28. Other Shares a. State (Ark Dept of Aeronautics) 48,844 b. Other c. Total Other Shares 48,844 29. TOTAL $ 49044 SECTION E — REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100(6.73) SUPERSEDES FAA FORM 5100-1- PAGES I THRU 7 Page 6 PART IV PROGRAM NARRATIVE STATEMENT WEST SIDE GA APRON IMPROVEMENTS FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The proposed improvements are located at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of these improvements is to provide additional apron for GA aircraft parking and apron for future Corporate Hangars, in accordance with the ongoing Master Plan Update, as at numerous times the apron for the FBO parking is full of aircraft. This apron area will provide additional GA Aircraft Parking and access to the future Corporate Hangars around part of this apron. J:\200 S05212TC O R R E S W ARRATI V E-0630. DOC mro m —�T H> H M > A x > N m bAM toO ACH mHtn I 03 O N OH Hr"' M n H Ofltc H H ZHZ H O \ - p I M> _ m p£ C ✓ � ' .O Z N Z• I bGn P C O £ - H Z m K > N 4 ` � H m 1 0 i o m `� a Hm\t O A y > PO H m r '" N C b r ' L.. 1303.5' - r - -< • .O m n C X N VI A - - O a0 ^J N y\p m w z <n z om > n \ A o off Y > m [� �11 '-� A O Ln m nLu z N \ T m H H ° Z H 1320' O ,4 n w O o m C' n C d r ✓ n O \ b m _ -C n o m \ N w ` 7 O' o m \n x n x • w H N R Q] N \\. M H • \ OH N H > w 3 '< > O \ Ofrn Zr m �• -3-U, nz r I riy r 13.0' O O r - H Z- r Rto •v ri -O H r n > A X (�' y M m N C\ N w m o n o s o m �„ \ �n n Z r. v I- m - H m mu m m _m ✓ C A m-3 m K H .-a ro I 530' O H 3 • Z rC) 0 x r m O0 H2 OZ ±(t m m > ->t Ci\ yx o H� m•n o v > H ^ A V o > n > 1807.17' m STANDARD DOT TITLE VI ASSURANCES City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seg.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 1 of 2 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. Ufa DATED --dei , 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Li ASSURANCES Airport Sponsors A. General. 1. These assurances snail be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants or airport sponsors. 2. These assurances are required to be sutm:ged as part of The orcject application by soonsors requesting funds under the provisions of Title 49. U.S.C.. subtitle VII. as amended As used herein. the term "public agency sponsor means a public agency with control of a public use airport: the term private sponsor" means a private owner of a public -use airport: and the term'sponsor includes both public agency sponsors and pnvate sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the 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 or the grant agreement shall :amain in fud force and effect throughout the useful life of the facilities developed or equipment acquired for an airport aevelcpment or noise compatibility program project, of throughout the useful life of the project items installed mthin a facility under a roue compaubiiity program project, out :n any event not to exceed twenty 120) years from the date of acceptance of a grans offer of Federal tunas for :me project. However, Mere snail be no limit on the curaucn of the assurances regarding Exclusive Rights and Airport Revenue so long as ;he aurort is gsed as an airport. There snail be no limit on the duration at the terms, conditions. and assurances with respect to real property acquired with federal funds. Furtnermore. the duration of the Civil Rights assurance snail be specifiea in ;he assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragrapn 1 also acplies :: a private sponsor excect that re useful life c: project items installed within a iaolity or me uselul life of the facilities develoced or equipment acquired under an airpcn development or lase ccmCatibility program project snail ce no less :flan On (:0) years cm the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement. onry Assurances 1. 2. 3. 5. 6. 13.:6. 30. 32. 33. and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in lull force and effect dunrg the life of the protect. C. Sponsor Certification. The sponsor hereby assures and cemfies, with respect to this grant !hat 1. General Federal Requirements. It will comory with all applicable Federal laws. regulations. executive orders. policies. guidelines. and requirements as ;hey relate ;o the app4catwn, acceptance and use of Federal funds tar this project including out not limited to the following: Federal Legislation a. Tide 49. U.S C . subtitle VII, as amended. b. Caws -Bacon Act - 40 U.S.C. 275(a), et sea. c. Federal Fair Laoor Standards Act.29 29 U.S C. 201. et seq d. Hatch Act -S 5 U.S.C 1501. et sen 2 e. Uniform Relocation Assistance and Real Procerty Acquisition Policies Ac: of 1970 rifle 42 U.S.C. 4601. et see. 1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470((}.1 g. Archeological and Histonc Preservation Act of 1974 - 16 U S C. 4691nrougn 469c.' It Native Americans Grave Reoagiauon Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act. P.L 90-148. as amended. j. Coastal Zone ,Management Act P L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) -42 U.S.C. 4012a. I I. Title 49 U.S.C.. Section 303. (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n, Civil Rights Act of 1964 - lithe VI .42 U S.C. 2C004 through d-4. o. Age Discrimination Act ct 1975 .42 U.S.C. 6!01. et seq p. American Indian Religious Freedom Act. P.L. 95-341, as amended. q Architectural earners Act of 1968 -42 U S.C. 4151, et seq.' r. Power plant and industrial Fuel Use Act of 1978 - Section 403.2 U.S.C. 9373.1 s Contract Work Hours and Salety Standards Ac: - 40 U.S.C. 327. et seq I Copeland Anuk,ckbaac Act. 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S C. 4321, et seq V. Wild and Scenic Rivers Act. P.L. 50.542. as amended. w. Single Audit Act of 1984 - 31 U S.C. 7501. it_ seq 2 x. Drug -Free Workplace Act of 1598.41 U.S.C. 702 through 706. Airport Assurances (3/2005) V-1 Executive Orders Executive Order 11246 - Eaual Employment Coponuro y1 Executive Omer 11990 - Protection at Wedanas Executive order :1999 - Floco Plain Management Execuove Order 12372 - Intergcvemmental Review of Federal Programs. Execuove Order 12699 - Seismic Safety of Federai and Federally Assisted New Building Constuctionl Executive Order 12898 - Environmental justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Aimcrt Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning, d. 29 CFR Part 1 - Procedures for predetemunauon of wage rates.I e. 29 CFR Part 3 - Contractors and subcontractors en public budding or public work financed in whole or part by loans or grants from the United State,.) f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted canstrtction (also labor standards provisions applicable :o ncn-construction contracts subject to :he Contact Wc,x Hours and Safety Standards Act),I g, 41 CFR Part 50 - Cffice of Federal Contract Cgmpliance Programs. Equal Employment Cpporun:ty. Department of Labor (Federal and federally assisted canbacting requirements).1 Ii. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 I 49 CFR Part 20 - New restnctions on !obbying. 49 CFR Pan 21 - Noneiscrirnmation in federally -assisted programs of the Ceoartmenl of Transportation - effectuation of Tate Viol me Civil Rights Act of 1964 k. 49 CFR Part 23 - Pamc:pabon by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 Uniform leiocation assistance and red: property acduisincn !or Federai and :eoerally assisted programs 1 2 m. 49 CFR Part 26 - Pamcioatiron By Disadvantaged Business Enterprises in Department of Transoonation Programs. n. 49 CFR Part 27 - Nondiscnminaticr. on the oasis of handicap in arcg:ams and activities receiving Cr benefiting from Federal financial assistance.I o. 49 CFR Part 29 - Government wide debarment and suspension (ncn-croc:rement; and government wide requirements for crug- free workplace (grants) p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of ceuntnes mat deny procurement market access to U S contractors. q, 49 CFR Part 41 - Seism:c safety et Federal and !eaeralty assisted or regulated new building canstn,c ion. I Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-1)3 - Aud:ts of States. Local Governments. and Non -Profit Organizations These taws do not apply Co airport planning sponsors. 2 These laws do not apply to private sponsors 3 49 CFR Part 18 and COMB circular A-87 contain requirements for State and Lccal Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and orcular shall also se applicable to pnvate sponsors receiving Federal assistance under TUe 49. United States Code. Specific assurances required to be included in grant agreements by any at the above laws'. regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a Public Agency Sponsor: It has legal authority to apciy !or :he grant, and to finance and carry cut the proposed project; that a resolution, motion or similar action has been duly adocted Cr oassed as an offinal act of the applicant's governing body authonz rag tre filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the orfic:al representative of the applicant a act in c ornecaon with the apphcaoen and to provide sucn additional information as may be required. b. Private Sponsor It has legal authonty :o apply Icr the grant and to finance and carry cut the proposed project and comply with all terms. conditions. and assurances of this grant agreement. !t snail designate an official representative and shall in wntpg direct and aumonze that person to file mis application, incluairg ail understanaings and assurances contained therein; to act in connection with this aoplicatlon. and :o provide sucn additional information as may be required. 3. Sponsor Fund Availability. R has sufficient funds available for that poison of the project costs that are not to tie paid by the United States. It as sutficent tunas available to assure operation and maintenance of ems handed under the grant agreement wo:ch it will own or control, 4. Good Title. a. It, a oublic agency or :he Federal government, holds geed t.Ue, satisfactory to •the Secretary. ;a me landing area of the airport or site thereof. Cr will give assurance satisfactory to me Secretary mat good title 'Mill be acquuea. b For noise comoatibilily program projects to be carried out cn the property of me sponsor.: holds good title satisfactory to the Secetary to mat poison of the oroperty upon which Federal tunas will be expenaed or will give assurance :o me Secretary mat good title will be obtained Airport Assurances (312005) V-2 5. Preserving Rights and Powers. a. It wiil not take or permit any action' which would operate to deprive d of any of the tights and powers necessary to perform any or all of the terms. conditions, and assurances in the grant agreement without the written approval of the Secretary, and wW act promptly to acquire. extinguish or modify any outstanding ngnts or daims of ngnt of others when would interfere with such performance by the soonscr. This shall be done in a manner acceotaple to the Secretary. b. It will not sell, least encumber, or otherwise transfer Cr dispose of any part of its title or other interests in the property shown on Exhibit A to this application or. !ot a noise compatibility program protect, that portion of the property upon which Federal funds nave been expended. for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. if the transferee is found by the Secretary to be eigible under Title 49. United States Code. to assume me obligations of the grant agreement and to nave me power. authority, and hnanciai resources to arty out all such obligations, the sponsor shall insert in :he contract x document tansferting or disposing of the sponsors interest, and make binding upon the transferee all of the terms. conCibons, and assurances contained in this grant agreement. c. For all noise compatibility program projects that are to be carved out by another unit of local government or are on property owned by a unit of local government other :van the sponsor. it wail enter into an agreement with that government Except as otherwise specified by the $ewetary. that agreement snail coligate that government to the same terms, conditions, and assurances that would be applicable to it it 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 'me take steps to enforce this agreement against the local government :f there is substantial non-compliance with the terms of the agreement. 0 For noise compatibility program projects to be tamed cut on privately owned cfcberty. it will enter no an agreement with the cwner of tat property whicn includes provisions specified oy :he Secretary. It will take steps :o enforce this agreement against he property owner whenever there is substantial non-compliance with me terms ct the agreement. e. If he sponsor is a private soonsef. it will take steps satisfactory to the Secretary :o ensure that one airport '.sill continue :a function as a public -use airport in accordance with mesa assurances for ;Me duration cf t'..ese assurances. If an arrangement is mace 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 authcriy to insure that the airport will to operated and maintained in accordance Title 49, United States Code, the regulations and me terms. conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The crcject is reasonably consistent with plans :existing at the time of suomissian of :his acoiiatiocl o! public agencies ;hat are authorized by the State in which the project is located to olan for :he 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 orojec: may be located. 8. Consultation with Users. In making a decision to undertake any aircort development project under Title 49, United States Code, is has undertaken reasonable Consultations' with affected parties using the airport at wnicn pnejec is proposed. 9. Public Hearings. In projects involving Lhe location of an airport, an airport runway. or a major runway extension. :t has arforced 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 oojectrves of sucn clanning as has been carried cut by the community and it shah. when requested by the Secretary, submit a copy of the transcript of such hearings :o the Secretary Further, for such protects. .t has on its management board either voting representation from the communises where Me project is located or has advised :he communities :hat they have the ngnt to pennon the Secretary concerning a proposed Project 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, cr runway location it will provide fcr the Governor of the state in which the project is located :o certify in writing to Me Secretary mat the project will be located. designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where sun standards have nct been approved and where applicable air and water quality standards nave been promulgated by the Administrator df the Environmental Protection Agency, certification shall be obtained from such Administrator. Nct:ce of certification or refusal to cen:hy shat be provided within sixty days after the protect application has been received by the Seuetary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1595. fcr :he replacement or reconstruction of pavement at tile airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that :t will use such program for the useful life of any pavement Constricted, reconstructed Cr repaired with Federal 5nancal assistance at the airport. It will provide such reports on pavement conc;tion ara cavement management programs as the Secretary determines may be useful 12. Terminal Development Prerequisites. For projects whic-1 induce terminal deveiooment at a public use airport. as defined in Titre 49, it has, on the date of submittal of the project grant application, all he safety equipment required for certifies!:on of such airport under section 44706 of Title 49. United States Code, and all the security eoutoment required by bla or regulation. and has provided for access to :he passenger enplaning and declaring area of such airport to passengers enplaning and deplaning from aircraft other loan air earner aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep ail protect accounts and records which fuily cisdose :r.e amount and disposition oy the recipient cf the proceeds of Rte grant. the total cost of the project fl Connection with whin the grant is given cr used, and the amount or nature of hat portion of the cost of the project supplied by enter sources. and sun other financial records pertinent to the project. The accounts and records snail be kept in accordance with an accounting system that -Noll faolitate an effective audit in accordance with the Single Audit Act of 1964. b. It shall make available to the Secretary and the Comptroller General of the United States. Cr any of her duly authorized rewewntatives. for the purpose of audit and examinatior_ any books, documents. pacers, and records of :re reopient :Mat are pertinent to the grant. The Secretary may require that an aoorcpnate audit tie conducted by a recipient. In any case in which an independent audit is mace of the accounts of a soonscr relating to me disoosibon of the proceeds cf a grant or relating :o the project in connection with which the grant was given or used.:t shall file a certified copy of such audit •with the Comptroller General of the United States not later than six (6) months following me Clow of !tie fiscal year for wnicn the audit -was made. Airport Assurances (3/2005) V-3 14. Minimum Wage Rates. It shall include. in all contracts in excess of 52000 or work on any projects funded under the grant agreement welch involve labor. provsions establishing minimum rates of wages, to no predetermined by the Secretary of Labor in accordance with the Davis -bacon Act, as amended (40 u. S.C. 276a -276a-5), wnicn contractors snail pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for aids and shall to included in proposals or bids far the' work. 15. Veteran's Preference. it shall induce:n all contracts for work on any project funded under :he grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except to executive. administrative. and sudermsory posinons). preference wall be given to Veterars of the Vietnam era and disabled veterans as defined in Section 47112 of Tide 49. United States Code. However. this preference snail apply only where the individuals are avauaole and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to olans. specifications. and schedules approved by the Secretary. Such plans. specifications, and schedules shad be submitted :o the Secretary prior to commencement of site preparation, construction. or ether pertor.mance under this grant agreement, and. upon approval of the Secretary, snail be incorporated into Iris grant agreement Any moC:hcaton to the approved plans. specifications. and schedules shall also be subject to approval of the Secretary. and incorporated into the 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 scnedules aporcved by the Secretary for :he project. it shall subject me construction work on any project contained in an approved project application :a inspection and approval by the Secretary and such' Nam shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cos: and progress reporting Dy the sponsor or sponsors of such project as me Secretary shall seem necessary. 18. Planning Projects. In carrying out planning projects. a It 'y' execute the pro ect in accordance with the approved program narrative contained in the prcjeCt apo:icauon at with the modifications similarly approved. D It will fumisn the Secretary with such periodic reports as required pertainng :o the plarning project and planning work activities C. It will include in all published material prepared in connecucn with ire planning project a notice mat the material was prepared under a grant provided by the United States. a. It •.vuil make such material available for examination by the cubbc, and agrees that no material prepared with funds under this prcjec snail be subjeC: to copyright in the United States or any other country e. It will give the Secretary unrestricted authority to publish. disclose. eistnbute. and otherwise use any of the matenal prepared in connection with this grant- L It writ grant me Secretary the right to disapprove the sponsors employment of specnc consultants and their subcontractors to do all or any part cf this project as well as the ngnt to disapprove the proposed scope and cost of professional services g. It will grant me Secretary the right :o disapprove the use of the sponsors employees to co all or any part at 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 cf this grant does not constitute or imply any assurance Cr commitment on the part of the Secretary to approve any pending Cr future appl:wbon 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 :ran facilities owned Cr controlled by the Unuea States. Shall be operated at all times in a safe and Serviceable condition and in accoroance with the minimum standards as may be required or orescrribed by applicable Federal. state and kcal agencies for maintenance and operation. It will rot cause or permit any activity Cr action thereon which would interfere with its use for airport Purposes. It will suitably operate and maintain the airport and all :acdlnes thereon or connected therewith,'mth due regard to ckrnatic and !Iooc conditions. Any proposal to temporarily close ;he airport for non-aeror.aubcal purposes must first be approved by Secretary, in furtneranee of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airports aeronautical facilities whenever required. (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions: and (3) Promptly notifying airmen of any condition affecting aeronautical; use cf tre airport. Nothing contained herein shah be construed :o require :hat the airport to operated far aeronauccal use during temporary periods when snow, Good or ether C:irmatic conditions interfere with such operation and maintenance. Further, nothing nerein shall be construed as requiring lie maintenance, repair, restoration, or replacement of any structure or faci:ity which is suostantially damaged or destroyed due to an act of Goa or other condition or circumstance beyond the control at the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual cperar:ens to the airport (including estaolishea minimum rignt attitudes) will be adequately cleared and protected by removing. lowering, relocating, marking, or lighting or otherwise mitigating existing airport nazards and by preventing the establishment or creation of future airport hazards 21. Compatible Land Use. It will take appropriate action. tone extent reasonable. including :ne adoption cf zoning laws, to restrict the use of land adjacent :o or in the immediate vicinity of me airport to activities and purposes compatible with normal airport operations, including landing and Iaxecff cf aircraft In addition, it tme project is !or noise compatibility program :mplementalion..I Will not cause of permit any change in land use, within its jurisdiction. that will reduce its compaubiiiy. Non respect to the airport, of the nose compatibility program measures upon which Federal funds have been expended Airport Assurances j3/2005) V-4 22. Economic Nondiscrimination. a. It wnl make the airport available as an airport for cuOlic use on reasonable terms and without unjust discrimination to all types. kinds and classes at aeronautical acbmties. inciudmg commercial aefonautcal activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a nght or privilege at the aucort is granted :o any person, fim,, or corporation to conduct Cr to engage in any aeronautical actrviry for furnishing services to the public at the airport. the sponsor will insert and enforce provisions requiring the contractor tc- (1) furnish said services on a reasonable. and not unjustly discriminatory, basis to a8 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 discpunts. rebates. or other similar types of pnce reductions to volume purchasers. c. Each fixed based operator at Inc airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed based operalcrs making the same cr similar uses of such airport and utilizing the same Or similar facilities. d. Each air carrier using such airport snail have the ngnt to service itself or to use any fixed -based operator that is authonzed or permitted by the airport to serve any air carrier at such airport e. Each air carrier using such airoon (whether as a tenant. nontenant, or subtenant cf another air amer tenant) shall be subject to such nondlscrtmtnatery and substantially comparaole vies. regulations, conditions, rates, fees. rentals, and other charges with respect to facilities directly and Substantially related :0 croviCing air lansoortation as are applicable to all such air corners which make similar use of such airport and unlize similar fac,tibes. suoject :o reasonable classifications such as tenants or nontenants and signatory amen and nonsignatory carrier. Classification or status as tenant or signatory shall not oe unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air tamers in such c!assihat,on as status It will not exerose or gram any right or privilege which operates to orevent any person, firm, or ccmorat:on operating aircratt on the airport from performing any services on its own aircraft with its own employees (including. but not limited :o maintenance, repair, and fueling] that it may choose to perform. q In the event the sponsor itself exercises any of Inc rights and privileges referred :o in this assurance. the services involved will be provided on the same conc;hons as would apply :o the twrishing of such sernces by commercial aeronautical service providers authorized by me sponsor under these provlsicns. h. The socnsor may establish such reasonaole, and rot unjus:ty d:scnm:natory. conditions :o be met by all users of the airport as may be necessary for the safe and efficient cperabon of ;he airport I. The sponsor may prohibit or limit any given type. kind or class of aeronautical use of the airport .f such action is necessary for the safe operation of the airport or necessary :o serve the cad aviation reeds of the public. 23. Exclusive Rights. It will permit no exclt.sre right for the use of the airport oy any person providing, or intending to provide. aeronautical services to the public. For purposes of this paragraon.:he providing of :he services at an airport by a single fixed -cased operator shall not be construed as an exclusive ngnt if both of the following apply' a. It would be unreasonably costly, ouroensome. or : mprac:ical for more than one fixed eased operator :o orovde such services, and b. if allowing more than one fixed -based oceratcr :o crovide such services would require the :eduction of space leased pursuant :o an existing agreement between such single fixed -eased operator and such airpor;, It further agrees that it will not, either cirecuy or indirectly, grant or permit any person, firm, or corporation, he excusve right at the airport to conduct any aeronautical activities. including, but not limited to charter lights, pilot training, aircraft rental and signtseeirg, aenal pnotograony. crop dusting, aerial advertising and surveying, air tamer 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 cf aircraft pans, and any other activities' which tecause of their direct relationsnip w the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity new existing at such an airoon 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 'Ml make the airport as self-sustaining as possible under the circumstances existing at the particular airport. taking into account such favors as the volume of bafflc and economy of collection. No part of :he Federal share of an airport development, airport planning Cr noise compatibility project to which a grant is made under Titre 49. United States Code, the Airport and Airway Imorovement Act of 1982, the Federal Airport Act or be Airport and Airway Development Act of 1970 shall be included in the rate basis in estaolisning fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any loal taxes on aviation fuel estabksned after Decemter 30, 1987, ma be expended by it for the capital or Operating costs of the airport the local airport system. or other local facilities wnich are owned of 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 cif the airport. Provided. however :hat if covenants or assurances in debt obligations issued before September 3, 1982, by arte owner or oceratcr of the airport, or provisions enacted before September 3. 1982, in governing statutes controlling the owner or operators t nancng. provide for the use of the revenues :nom any of the airport owner or operators facilities. including pie airport. to support not only :he airport but also die airport owner Cr operator's general (feet coligations or other fatalities, then this limitation on the use of all revenues generated by the airport (and, in the case of a pudlic airport. vocal taxes on aviation fuel) shall not apply b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor -mill direct :hat 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 indiadng whether funds paid or transferred to the owner or operator are paid cr transferred in a manner consistent with Title 49, United States Code and any ctner applicable provision of law, nci ding any regulation promulgated by ^.e Secretary or Acministmtor. Airport Assurances (3/2005) V-5 Any civil penalties or other sanctions will be imposed fcr violation of this assurance in accordance with the provisions of Section 47107 of Title u9. United States Code. submit :o the Seceary such annual or specal financial and ooerations reports as the Secretary may reasonaoty request and make such reports available to the public: make available to the public at reasonable times and places a report of the airport budget in a format prescited by the Secretary; for airport development prclects. make tie airport and all airport records and documents affecting the airport :ncluding deeds. leases. operation and use agreements. regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonaole request; for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terns, conditions, and assurances of the grant agreement including deeds. eases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable recuest; and in a format and time prescribed by the Secretary. provide to the Secretary and make avadab!e !o the puotic fobcmng each of its fiscal years. an annual report listing in detail. (n) ail services and property orovided by the aepor, to other units of government and ;he amount of compensation received for provision of each such service and property. Use by Government Aircraft It will make available ail of the facihues Of the airport developed with Federal :1rancial assistance and ail those usable for landing and taxeoff of aircraft to the United States .war use by Government aircraft in common with ether aaaaft at all bees wnthcut charge. except it the use by Government aircraft is substantial. charge may be made for a reasonaole snare proportional :o such use, for the cost of operating and maintaining the facilites used Unless otherwise determined ov the Secretary. tar otherwise agreed To by the sponsor aria :me using agency. substantial use cf an airport ty Government aircraft will be ccns:derea :a exhsl wnen coerauons of such aircraft are in excess cl s^.ose which, in the cpinion of the Secretary. would unduly interfere with use of the lancing areas by other authorized aircraft. or during any calendar month that. o. The total numoer of movements (countng each landing as a movement) of Government aircraft is 300 or more. Cr :he gross accumulative weignt of Government aircraft using the airpert (the total movement of Government aircraft multiplied by gross weights of soul aircraft) is in excess of five million pounds. Land for Federal Facilities. It wid furnrsn without cost to :he Federal Governmect!or use in connection wish any air !;af is control or air navigation aVivities. or weather.reperdng and communication actmnes related to air traffic control, any areas of land or water, Cr estate :herein or ngnts in buildings of the sponsor as the Secretary considers necessary or desirable !or construction, operation, and maintenance at Federal exoense of space or fac:iiues for such purposes Sucn areas or any portion thereof will be made avaiiac!e as provided herein within four months after receipt of a written request from Ine Secretary. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundanes of the airpert and all proposed additions thereto. :gether 'nib the boundanes of all offsite areas owned cr con rolled by Lie sponsor for airport purposes and proposed additions thereto. (2) pie location and nature cf all existing and proposed airpert facilities and structures (such as runways, taxiways. aprons. lennmal buildings. hangars and roads), ineuaing all proposed extensions and reductions of existing airport faelities, and (3) the location of an existing and proposed nonaviatian areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, Cr modification thereof, snail be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on me face of :he airport layout plan. The sponsor will not make or permit any changes or alterations in :he airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opimcn of :me Secretary, am erseiy affect the safety. utility or emcency of the airport. b. If a change or alteration in the airport of the faclmes :s made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned. !eased, or funded property on or off the airport and wnicn is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator well. if requested, by the Secretary (I) eliminate sucn adverse effect in a manner aporoved by the Secretary: or (2) bear all costs of relocating such property (Of replacement thereat) to a site acceptable to the Secretaryy and all costs of restoring sucn oroperry (or replacement thereof) to the :ever of safety. utility. ed¢iency, and cost of cperat:en existing before the unapproved change in he airport or its tacliLes Civil Rights. a .vile comply with such rules as are orortWlgatea to assure that no person shad, on the grounds of race, creed, color, national ongm, sex, age, or handicap be excluded from participating in any activity conducted •with or benefiting from tunas received from this grant. This assurance obligates the sponsor for :he period during which Federal financial assistance is extended to the program, except where Federal financial assistance is :o provide. or is in the form of personal property or real crooerty or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee far the longer of the following periods'. (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, pr for another purpose involving the provision of similar services or teneuts, or (b) the period during which the sponsor retains ownership or possession of the property. For !and purchased under a grant for airport noise compatibility purposes, it will dispose df the land wnen the land is no longer needed for such purposes at fair market value at the eaniest oracticabie time. That portion of the orcceeos of sucn disposition which is prcoortionate to the United States snare of acquisition of such and wil. at the discretion of the Secretary, (1) Be paid to the Secretary for deposit in me Trust Funo. Cr (2) be reinvested in an approved noise ccmpanbd:ty project, as prescnbed by the Secretary. including me purchase of nonresidential buildings or property in :he vicinity of residential buildings or properly previously purchased cy the airport as pan cl a rase compatibility program. b For 'and purchased under a grant for airport development purposes (other than noise compatibility). it will, when the land s no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share cf the fair market value of the land. That portion at the proceeds of such disposition wnicn is proportionate to the United States' share of the cast of acquisition of such land will. (a) Upon applicwton to the Secretary, De reinvested in another elgible airport improvement protect or projects approved by the Secretary at that airport or within the national airport system. or (D) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. C. Land shall be considered to be needed for airport purposes under this assurance if (a) It may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land. and rb) the revenue from interim uses of such and contnoutes to the financial sea -sufficiency of the airport. Further, land purLhased with a grant received by an airport opetatar 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 raving bcmmenced no later than December IS. 1989. d. Disposition of such land under (a), (b). or (c; will be subject :o the retention or reservation of any interest or right :herein necessary to ensure that such land will only be used for purposes which we compatible with noise levels and safety associated with operation of the airport. 32. Engineering and Design Services. It will award each contract. or wecartrac: for program management, construction management, planning studies. feasib:tity studies, arcnitec:urat services, creliminary engineering, design. engineering, surveying, mapping or related services 'Mm respect to the project in the same manner as a contract far architectural and engineering services is regotiatec under Title IX cf the Federal Procery and Administrative Services Act or :949 or an ecuivalent cualificabo.^,s.cased requirement prescribed for or by ;re sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under :his ;rant :o be used to fund any project which uses any product cr service cr a foreign country during me period in wnicn such foreign country is listed by the United States Trade Representative as aenying fair anc equitable market opportunities for products and suopiiers of the United States in procurement and construc::on 34. Policies. Standards, and Specifications. It will Carry cut the project in accordance with policies, standads, and specifications approved by the Secretary acluding but not!:mired :o the advisory arcalars lsteo in the Current FAA Advisory Circulars nor .AP prcieas. dated 7:1_05 and irc!tided in this grant. and in accordance with applicable state policies. standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property. ;o :he greatest extent oracticable under State law, by Inc land accuisition pouces in Suopan B of 49 CFR Part 24 and will pay Cr reimburse property owners !or necessary expenses as spec:lea in Subpart 8. (2) It will provide a relocation assistance program offenrg the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart 0 and E cr 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to cisotacement, comparable replacement dwellings to o;spiaced persons :n 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, intercty buses or ether modes of transportation to nave access to the airport however, it has no obligation to tuna special facilities fcr intercity buses or for other maces of bansoonation. 37. Disadvantaged Business Enterprises. The rec:oient shall rot discriminate on tre basis of race, color. national origin or sex in the award and oerormance of any DOT.assisteb contract or in me administration of its DBE program or the requirements o149 CFR Part 26. The Reciomnt shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in Ire award and administration of DOT.assisted contracts. The recipient's DBE oregram, as required by 49 CFR Part 26. and as approved by DOT, is incorporated by reference in this agreement Implementation of this program 's a legal obligation and failure to carry out its terms snail be treated as a violacon of this agreement Upon notification to the recipient of its failure !a carry out its approved program, :he Department may impose sanctions as provided far ender Pan 25 and may. in appropriate cases. refer the matter for enforcement under t8 U S.C. 1001 ana/cr ;me Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. IF the airport owner or operator and a person who owns an aircraft agree that a hangar .s to be constructed at the airport or the aircraft at the aircraft owners expense, the airport owner Of operator will grant to the aircraft owner for the hangar a long term lease teat is subject to such terms and conditions on the hargar as the airport owner or operator may impose 39. Competitive Access. a. It the airport owner or operator of a medium or large huo airport (as defined in section 47102 of title 49. U S.C ) has seen unable :0 accommodate one or more requests by an air carrier for access to grates or other 'aol:ties at that airport in order t0 allow the air owner :o provide service to the airport Cr to expand service at the airport, he airport owner or operator snail transmit a report :o the Secretary than. I. Describes the requests 2. Provides an explanation as to why the requests ccu!d not be ac cmmodated. and 3. Provides a time frame within which. I any. the airportwnl be ao:e :o accommooate the requests b. Such reoart shall be due on either February I or August 1 of each yew :f Lhe airport has peen unable ;0 accommodate the requestfs) in the six month period prior :o the applicaole due cate. Airport Assurances (3/2005) V-7 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS NUMBER -. TITLE - - - - 7CP460- land Chance I Obstruction Manmg and Llgnnrq 15015000.13 ncuncement of Avala oilrtv—R TCA Inc.. Document RTC .221. Guidance and Recommanwaa Requirements for Aepon Sur!ace tan....... q� 50,5 :00-I C.M Rights Requaemens Fu The Aroo,t In eroven ent Prooram 150/5070.5A A,vo,t Master Puns 150/5:90.5 inc Charge I EJGCaye Rgnts and Mnunum Sunwards for Cammercal Aeronaulcal Acmnes 15015200-288 Nences ;o Airmen {NOTAUS) AMS) for Airmen Coerators 150152:0.58 Painting. Markirq and Ligmv q of ven¢xs Used an an Airmen 15d52:C.-r uuan. Fke anu Rescue Catnmumcawns ISC152'.0.139 Water Rescue ?!ans. Fec,ues and Ecurotnent (5_0/'5210-I4A bccrtF;re and Rescue Personne P•otec,ve Owning 15W5210.15 jrocn Rescue b Firef,gn:Inq Staccn Building Design 150/5210-19 Systems for Imerac:ne Trarnq of Anoort Personnel 150J5210. 19 Drners Ennancec V,san System IDE'iS) 150/522048 Water Sucolv System, for Anuart Fae and Rescue Protection 15015220-ICC IGu:ce SPOGRcaalln jot WalerlFoam Tyae Aacran Rescue and Frtecntmo Veniles 15015220.139 Runway Surface Ccndumn Sensor Soeuncman Gums :5062^0160 Amcmmm'Nen;l:e Observing Svs:ama for Nonfederal Acolramrm 15015220-17A and Chance 1 Descn SIandaNs for Anaan Rncae F rengnlinq Tramme F 3cYCie, 150/5220.18 Bumdincs for Smrace and Ma,menance of Aimat Snow and :cs Gangs Ecuicreent am'.ta;enan 150/5220.19 G.4ce Soecrcatron !a Sman. Cual-Acent Aucmd Rescue and Fm'crtono vencies :50/5220.20 aria Car�e Amoarl Snow and Ice Contra Edamment ISW5220.2;B IGuae Scecficaton for Lit, 'i m to Board Airline Passencerssutn'aoevav:r. caumenu 150 5220-22 and Change 1 IEneneerea 501X naIs Arre]am Sra:em, (Et.lA51 far Aumatt ^arrun] 15015300-13 and CU es t througn 3 rcgn Desmn 15115300.14 and Changes I and 2 Deson of Aeaarl Dean Faokues 15015320-58 '.tart Cranace 15015320.60 and Chan ea : thigh ] Mmon Pavers ert Cescn and Evaruatnn 1501532C.12C and Canges 1 mraen 5 (Measurement, Cdnstnc:mn and Mantenanca or Skm Resistant :.',tort Pavement Sunaoes 15015320-14 Airtcrt Lanascaclna for None Control Puooses 150/5320-15 and Change Management of Anoon Indusu'a waste 15.15320.17 Ametd Pavement Surface Evahianon and Rating1dASER) Manuals 15015325+A and Chance 1 Runway Lergtn Requirements 'or Atrocrt Cesign 150/5335.5 and Change I Standardized Method of Reoomm Pavement Stranc:n PCN 150/5340.1: Stances] foe A.mort Maalncs 150/5340.58 and Chance I Secmented Cicle A,roort Mater System 150/5340.1 80 15015340.19 Standards for Auoort Seen Systems T'asrvnv Centenlne Cghhnq System 1 53/5345-3E Soecrcawn or L82 Paten a Remote Conuol of A.,cort! igcin; 15045345.550 C:o:m Selec:a Sw,th I 5015345-TE Soeuiicanen for L324 Unaergrounc E!earxal Cable or A.00n L gntnq C.oc::s 150/5345.10E Soeaftatan for Constant Current Reoulaor, ReaLlata'.lorvots 15015345.12C ISoeoh000n fa Alroor•. .aria 4elu:ort Beacon 1'_015345-:3A ISdebiicauon to L341 luiaury Relay Cabinet Amemow for P+n Control of Arta: L:anftnc Cucum 15015345.266 Soecflcawn for •_42] P'uq and Receo:acle Cale Ccnnec:as t 50,5345.270 Soer.5cancn or Wino Cone Assemo:.es Airport Assurances (3!2005) V-8 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 15WS345-28F Preovon Aooroacn Pam : nalcalor PAPI) $sterns ;50/5345.398 and Change I /FAA 5aec::¢awn L353. Runway ana ]asrwav Cer:erune Rend reflecne Mate, I SC45345-12D ISoecfcawn for Airoon U;rat Bases. Tmns(cnrer Housings. Junction Boxes arne Accessorw 1504335 -*3E ISoecfVtgn!or Cbspuc:cn L:cntmo Eauoment ¶50,534544<3 Soec:fcagn :or Tax,wn and Runway Sian, 150/5345-r5A Lgntwagnt Aco,oach L.art Sm:eure I50)534546B Soeafraoon for Runway and Taxrwav Light Flxlutes 150/5345-47A Isciatica Transformers for ?sport Lgnana Svslems I50r534549A Soecicat'on L354. Radio Control Eauument 50,5]4530 ana orange r ISoeoflcanon for Portaoln Runway Lgnts 150,5345-51 and en e 1 ISoeofeatgn for Discnare-7yoe F'asrer Eaunmem 150153+5-52 :G4rerc Visual Gi cesico, •ncotors :GvG11 150/5345-S3B IA'rccr L:anlma Ecuorer: Cenifcat cn Pracram 15015345.54A and Clan e I Sceadlcawn tar L-1884 Power aria Caevor Unit !crline and Hole Short ;50,534555 ILcnteo TisualA,d to /moats TerporaN Runway Closure 15015360.9 IPlanninq and Desgv of .croon Terminal ac.Ii: es at NonMl.e Locations 150/5300: I IEnagy Conserva;gn to A:roon Bu+cings :50:5360-120 Almon Sianrr.g & Graores 150153E0. 13 and Cnan a Plannioa and Cesian G.,eance tar A+con Tefm.ma cacg,,es 150,5370.2E Oceranonal Safety an arcons Dunra Canstn:cwn 150,5370108 IStandaas for Soecfrrnc : onsm.c:gn at Avoons i 150/537;.13 ICIFceae Ccns:nlc:,on cfAupcn Pavements Using Hctdux Asohalt 150/5380 -EA Guiaelmes and Procecu:es far Man:trance of A.ccrt Payements 150,5330.7 Pavemem Macage:rent Ss:em 150/5380.3 Mancocox tarcentikanor of AI'Olr$.'.G Reactv'ry ,n Arrive Pavememe 15115390.29 Melgort Design 150153W 3 Vert:aon Cesign 1504395: Seaplane Bases 15U52C0-30 Anton ^/inter S4fev and Cceratgns 150/5200.33 Hazardous WiIdI;fe Arrac:ans On Cr Near Avports 15015300.15 Use of Value Engineering !or Engineeru+q Desgn at Angara Griot: Project 15015 3 0-1 : is. Cf Honaesuucmie even; Devices si Lis Evaluation or ?Ywd Pavements 15O/537C.2 lOualiN Conud of Consln:cLVn for Aatcrt Grant Prnects I :50/5370-i Ccnsiruclior, P,ogiess and Irlsoec:gn R000n-Arccer, Grant Prcgram THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY 151115:00.140 AIcilecmraI. Engtneenrg. and Planrag Consultant Sernoes :or Anporl Gran; P•olecn 15015:C0-ISA C.:.1 Rights Reau4ements Fcr The Axocn Improvement Program 150/5;311.1land Changes I Through A Land Acams'wn and Rekwtgn Assistance Is Ancort Imorovernent Program Asys;ea Pral.G, 150/5190.5 and Change I Exc.usne Rights and M isn't n S,anaLos for Corr, ercal Aeronauural Ac_vd:es 15015206' -CA and changes I Inmugn d upon Winter Safety and CCeraans 150152CO-i3A Hazardous YN4dllfe Aluac:ants on or Neat 'hoofs 15015300.15 Use of Value Engineering br Enq,neerrg Cesign of Airports Grant Prclects 1 50/5320. 1 7 IAuaeb Pavement Surface Evaluawn ax, Raba tPASER) Manual 15015360.1: /Energy Consemuon or Ancor, Butch;, 150/53%G-33 Consuuccon Progress and Inscec:on Reoort—A:mrxt Grant Program 1511/5370-::A Use on Nona,rnj::Ne Tes."q Devices -a Te Eva.ualcn of Airport PavemMls ISU537C-'2 Ouaety Contra of ConsWcton for Aarert Grant Pf]Ieas :501537^_-13 OtLCeax Construc`on of Airprt Pavemenu Using no( -M., ASCnaa Airport Assurances (3/2005) V-9 [1 • CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY 15015000.17 nounoement of Availab'lity—Passenger Faolgy Charge /PFC) AppbCleon I FAA Fom 55001) Airport Assurances (3/2005) V-10 City Cou.Meeting of: 8/2/05 Agenda Item Number: / 56 CITY COUNCIL AGENDA_MEMO TO: Mayor and City Council THRU: Staff/Contract Review FROM: Ray M. Boudreaux, Director, Aviation and-1,*oltomic Development I eCll'11-0/J- 4t,Cc Dr-OPRC DATE: July 8, 2005 SUBJECT: Approve Contract for construction of West Side General Aviation Apron with APAC of Arkansas for $1,165,206 plus a 5% contingency of $58,260 and approve a budget adjustment of $244,000 and approve FAA Grant #33. RECOMMENDATION: Bids for construction of the West Side General Aviation Apron were received July 8, 2005. The low bidder was APAC of Arkansas for $1,165,206. This project will be paid for from the proceeds of FAA AIP grant #33 and State of Arkansas Department of Aeronautics matching funds. BACKGROUND_ The City Council approved this project with resolution No. 67-05. The FAA has agreed to pay for the project and a copy of the initial Grant letter is attached to this memo. This project will be funded in two grant years so the grant letter is only for the first grant year. The purpose of this Council Action is to approve the contract for construction, the contingency fund of 5% and the grant application. Total project cost is $1,265,056 which includes the engineering costs previously approved. The FAA grant will cover 95% of the total project cost and the State Department of Aeronautics Grant will cover the remaining 5%. DISCUSSION: This project continues the redevelopment of the Fayetteville Municipal Airport, Drake Field into a first class general aviation facility. This project provides additional aircraft parking ramp and provides additional west side ramp for construction of additional hangars for private operators and businesses. BUDGET IMPACT: The project is fully funded by the FAA and the Arkansas Department of Aeronautics. A budget adjustment is included to cover all the project costs. Attachments: Staff Review Form Contract w/ McClinton-Anchor(3cys) Bid Tab Resolution 67-05 FAA Grant Letter Grant Application Budget Adjustment Aviation and Economic Development Department Fayetteville Municipal Ain, Drake Field 4500 South School Avenue, Suite F Fayetteville. Arkansas 72701 Fay M. Boudreaux. Director 0 RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $1,165,206.00 AND APPROVING A CHANGE ORDER REDUCING THE CONTRACT AMOUNT BY $486,923.00, TO CONSTRUCT THE WEST GENERAL AVIATION APRON; APPROVING A 5% PROJECT CONTINGENCY OF $29,130.00; AND ACCEPTING GRANTS FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS. 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 awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $1,165,206.00 and approving a Change Order reducing the contract amount by $486,923.00, to construct the West General Aviation Apron. A copy of the contract and Change mOrder, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% project contingency of $29,130.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts grants from the FAA and Arkansas Department of Aeronautics totaling $678,183.00. PASSED and APPROVED this 2nd day of August, Q, APPRO y: DANIe ODY, Ma ATTEST: NDRA S ITFb Citvtk 0 May 12, 2005 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: Southwest Region Arkansas Louisiana. New Mexico. Oklahoma. Texas 7 EC MAY AIF Fort Worth. Texas 76190.0000 2005 RT Your request for assistance under the Airport Improvement Program (AIP), as authorized by Title 49 United States Code, to Update the Fayetteville Municipal Airport Master Plan has been approved for Fiscal Year 2005. The allocation is as follows: Federal Funds: $646,619.00 Project Number: 3-05-0020-034-2005 Development: Construct West Side General Aviation Apron This allocation may be used only for the development described above and you are expected to proceed without delay. Please contact your Airports Division Program Manager, Mr. Don Harris, at (817) 222-5634 and provide updated information regarding the project schedule for grant issuance. This schedule will include a timely grant offer being made based on advertised bids. This allocation is tentative and will remain valid so long as the project formulation is nroceQding on the_schedule. Failurelo_meet_the-schedule- -will. jeopardize:project-funding-and:could:lead to_withdrawal-of:the tentativc:allocation.-- _- - - - We look forward to working with you and your staff toward the successful completion of this project. Sincerely, ORIGINAL SIGNED BY: Edward N. Agnew Manager, Arkansas/Oklahoma Airports Development Office cc: Mr. Ray Boudreaux, Director Aviation and Economic Development 4500 South School Avenue, Suite F Fayetteville, AR 72701 RESOLUTION NO. 67-05 A RESOLUTION TO APPROVE TASK ORDER #6 TO A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $99,850.00 TO DESIGN AND OVERSEE THE CONSTRUCTION OF A NEW WEST SIDE GENERAL AVIATION APRON AND SEWER LINE REPLACEMENT, AND TO APPROVE APPLICATIONS FOR FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,079,316.00 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 approves Task Order #6 to a contract with McClelland Consulting Engineers, Inc. in the amount of $99,850.00 to design and oversee the construction of a new west side general aviation apron and sewer line replacement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves applications for funding from the FAA and Arkansas Department of Aeronautics to pay for this project. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $1,079,316.00. PASSED and APPROVED this 5th day of April, 2005. ;FAYETTEVILLE; ? By: ATTEST: By: [ rtJ &w^ J SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayo City of Fayetteville Staff Review Form City Council Agenda Items Contracts 2 -Aug City Council Meeting Date 0 07-15-05P05:04 RCVD Ray M. Boudreaux Aviation & Economic Development General Government Submitted By Division Department Action Required: Approve a contract with APAC - McClinton Anchor APAC - AQ a Inc., PO Box 1367, Fayetteville, AR, 72702- 1367, phone: 521-3550, fax: 521-2826, in the amount of $i,iTh10 construct West General Aviation Apron. Approve a 5% project contingency of $5@289. Approve a budget adjustment.,f $1,223,466.00 Cost of this request 5550.3960.7820.34 Account Number 05034.1 Project Number $ 1,079,316.00 Category/Project Budget $ 99,850.00 Funds Used to Date $ 979,466.00 Remaining Balance Budgeted Item X Budget Adjustment Attached �X Taxiway A Extension Phase I Program Category / Project Name Airport Capital Improvement Program / Project Category Name General Government - Airport Fund Name 1 �vlPrevious Ordinance or Resolution # Departm nt erector Oat )) Original Contract Date: L. )Lt —Original Contract Number: City Attorney Received in City Clerk's Office ina ce and17( Internal Service Director Da ���� , Received in Mayors Office Mayor Date Comments: • Version 7/03 APPLICATION FOR z DATESUBMITTED APpicaM ldenUlla FEDERAL ASSISTANCE July 2005 FY052127 1. TYPE OF SUBMISSION: 3. DATE TE Suter Apply bon kentler Application Preappetetion 4, DATE RECEIVED BY FEDERAL O Federal Identifier ® construction ❑ Construction O NontonstruNbn O NonConstructlon 3-05-0020-034-2005 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Department: Airport Department Organizational GUNS: Division: Address: Name and telephone number of person to be contacted on Street: 4500 S. School, Suite F matters involving this application (give area code) Prefix: Mr. First Name: Ray City: Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas Zip Code: 72701 1 Suffix: Director of Aviation Country: United States Email: rboudreaux@cl.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN): Phone number (give area code): FAX number (give area code): 7 1_ r6 0 1 8 4 6 2 476-718-7642 J 479-718-7646 e. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Appllcatlon Types) New ❑ Continuation ❑ Revision Other (specify) n Revision, enter appropriate lenor(s) in box(es): (See back of form for description of letters) ❑ 9. NAME OF FEDERAL AGENCY Other f:v n FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER West Side General Aviation Apron Improvements: 2 0- 1 0 6 TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, states. etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Stan Date Ending Date a. Applicant b. Project Sept 2005 July 2006 Third Third 15. ESTIMATED FUNDING 18. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 1,203,228 C. Yee. O THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 200 PROCESS FOR REVIEW ON c. State $ 63,128 - DATE: d. Local $ b. No. O PROGRAM IS NOT COVERED BY E.O. 12372 e. Other $ ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW I. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL s 1,266,556 Dyes r-Yes'anachanexpianallon ® No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, ,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Dan Last Name Coody Suffix b. Tide Mayor (� c. Telephone number (give area code) ll 479-575-8330 d. Signature of Authorized Representative I e. Date Signed Previous Editions Not Usable U Standard Form 424 (Rev.g.21X13 Authorized for Local Reproduction `-'' Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATON - FRAL AVIATION ADMINLSTRATNIN • nuu 'in An Ono DA PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ................................. 20.106 2. Functional or Other Breakout .................................................... SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 1,500 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 53,300 5. Other Architectural engineering fees 7,400 6. Project inspection fees 39,150 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 1,165,006 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 1,266,356 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 200 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 1,266,556 20. Federal Share requested of Line 19 21. Add Rehabilitation Grants Requested (100 Percent) 1,203,228 22. Total Federal grant requested (lines 20 & 21) 1,203,228 23. Grantee share 200 24. Other shares (Ark Dept of Aeronautics) 63,128 25. Total Project (Lines 22, 23 & 24) $ $ $1,266,556 AA rain D1UU-1 W t0 -/3J JUVtNbtUt5 IYAA P-UKM D1UU-1- YAUt5 1 I KKU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - F RAL AVIATION ADMINISTRATION • nun is AnJMnl GA SECTION C - EXCLUSIONS Classification ineligible for Participation (1) Excluded From Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) $ 200 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 200 28. Other Shares a. State (Ark Dept of Aeronautics) 63,128 b. Other C. Total Other Shares 63,128 29. TOTAL $ 63,328 SECTION E - REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A. Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 C APPLICATION FOR FEDERAL ASSISTANCE I TYPE OF SUBMISSION Application Preapplulion O Construction ❑ Construction ❑ NonConstructlon O Nontonstruction 5. APPLICANT INFORMATION Legal Name. City of Fayetteville Organurat.o al OUNS Address: Street: 4500 S. School, Suite F City Fa County State. A Country Zip Code: July 2005 Department: Airport Division: Name and telephone I matters Involving this Prefix: Mr. Middle Name Last Name B drew FY052127 ?dr of person to be contacted on lication (give area code) Name Ray Suffix Di ctor of Aviation Email: A,oudreauxcwci.fave 5. EMPLOYER IDENTIFICATION NUMBER EIN): Phor number (give area code): FAX number (give area code): 7 1 6 0 1 8141 6 2 476-718-7642 479-718-7646 8 TYPE OF APPLICATION 7. TYPE OF APPLICANT: (See back of torn.for Application Types) ® New ❑ Contnuetcn ❑ Revnion F, If Revision, enter appropriate kner(s) in box(es): Other (specify) (See tae torn, tofor description of letters) ❑ 9. NAME OF FEDERAL AGENCY Othn(xpecif) FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMB West Side General Aviation Apron Improvements'. 2 0_ 1 0 6 TITLE: (cities. counties. stat9s. tic). Date 16. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a . Yes O THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. ❑ PROGRAM IS NOT COVERED By E O. 12372 O OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 646,619 b Applicant $ 200 c. Slate $ 34,032 d Local $ e Other f I Program income $ - 17. IS THE APPUCANT DELINQUENT ON ANY FEDERAL DEBT? DYes If'Yei anaai an explanation 0 No g. TOTAL $ 680,851 18. TO THE BEST OF MY KNQWLEDGE AND BELIEF, ALL DATA IN THIS APPUCATIOWPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES it THE ASSISTANCE IS AWARDED. a Autnonzed Representative Prefix Mr. I First Name Dan Last Name Coody b. Title Mayor d.Signature of Authorised Representative Previous Editions Not Usable Aulhonied for Local Reproduction Suffix c. Telephone number (give area code) 479-575-8330 e. Date Signed Standard Form 424 (Rev.9.2003) Prescribed by OMB Circular A-102 0 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. BO-ROI a4 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1, Federal Domestic Assistance Catalog No ................................. 20.106 2. Functional or Other Breakout .................................................. SECTION B -CALCULATION OF FEDERAL GRA use only for visions Total Cost Classification Latest Approved Adjustment Amount Amount + or (-) Required 1. Administration expense $ $ $ 1.500 2. Preliminary expense 3. Land, structures. nght-of-way 4. Architectural engineering basic fees 53 300 5. Other Architectural engineering fees 7,400 6. Project inspection fees 39,150 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 579,501 12. Equipment 13 Miscellaneous 14. Total (Lines 1 through 13) 680,851 15, Estimated Income (if applicable) 16. Net Project Amount (Line 14 mi215 15) 17. LessT Ineligible Exclusions 200 18. Add Contingencies 19. Total Project Amt. (E uding Rehabilitation Grants) 680,65 1 20. Federal Share req ested of Line 19 680,651 21, Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 646,619 23. Grantee are 200 24. Other shares (Ark Dept of Aeronautics) 34,032 25. Total Project (Lines 22. 23 & 24) $ $ $ 680,851 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 0 S. DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION owe NO. 80-R0184 SECTION C - EXCLUSIONS Classification Ineligible for Participation 1 .Excludod From ontingency Provision (2) a. $ $ b C. d. e. I g. Totals $ $ SECTION D - PROPOSED METHOD OF INANCING NON-FEDERAL SHARE 27, Grantee Share $ a. Securities b. Morta es c. Appropriations (By Applicant) $ 200 d. Bonds e. Tax Levies I. Non Cash g. Other (Explain) h. TOTAL - Grantee share 200 28, Other Shares a. State (Ark Dept of Aeronautics 34.032 b. Other c. Total Other Shares/ 34,032 29. TOTAL $ 34,032 SECTION E - REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title `I/V Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES I THRU 7 Page 5 E RESOLUTION NO. 67-05 A RESOLUTION TO APPROVE TASK ORDER #6 TO A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $99,850.00 TO DESIGN AND OVERSEE THE CONSTRUCTION OF A NEW WEST SIDE GENERAL AVIATION APRON AND SEWER LINE REPLACEMENT, AND TO APPROVE APPLICATIONS FOR FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,079,316.00 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 approves Task Order #6 to a contract with McClelland Consulting Engineers, Inc. in the amount of S99,850.00 to design and oversee the construction of a new west side general aviation apron and sewer line replacement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves applications for funding from the FAA and Arkansas Department of Aeronautics to pay for this project. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $1,079,316.00. PASSED and APPROVED this 5th day of April, 2005. :FAYETJEVILLE; By: • •ATTEST: By: SONDRA SMITH, City Clerk 0 MCEMcCLEIIAND cONSUL TING DESIGNED TO SERVE ENGINEERS, INC. July 8, 2005 Mr. Ray Boudreaux Airport Department City of Fayetteville 4500 S. School Ave., Suite F Fayetteville, AR 72701 Re: West Side GA Apron Improvements Fayetteville Municipal Airport, Drake Field AIP 3-05-0020-034-2005 Dear Mr. Boudreaux: V.O. Box 1229 Fayetteville, Arkansas 72702-1229 479-443-2377 FAX 479443-9241 Bids were received on the above referenced project on Friday, July 8, 2005, with two Contractors submitting a bid for this project. The low bidder is McClinton -Anchor Div. of APAC-Arkansas, Inc., of Fayetteville, Arkansas, in the amount of $1,165,206.00 for the Total Bid amount. There were three General Contractors who had plans and were asking questions and considering bidding this project. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of the Construction Cost is also attached and was in the amount of $1,157,900.10. The Bid amount is only 0.6 percent above the estimated project construction cost. We have worked with McClinton -Anchor Div. of APAC-Arkansas, Inc., on numerous Drake Field airport projects and have always had very excellent results. We recommend the City accept the low bid submitted by McClinton -Anchor Div. of APAC- Arkansas, Inc. for the Total Bid in the amount of $1,165,206.00. If there are any questions regarding the bids or this recommendation, please contact us. Sincerely, ND C9 SULTING ENGINEERS, INC. vw P.E. Enclosures: Bid Tabulation Estimated Construction Cost �2oosws2122 es% ,wesa.-O20B.weovq I ci 0 N S It ,TI Z A ti -1 N N V ,ZJ fl 47 a° r n D A rn (/1 (n C-1 w m C -0 1D fY R x K (D o c C N JW • j o J J J 2 •+ J o o 3D o p J (n O p N m J O C J= J p T£ C F N N n m yJ v A D D v Q N N n Rmf m< A w w J m o 3 N d K p 7. 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J S A N W a O S O S 0T S 0 0 0 1 D O 0 0 S S S S S S S S S S S S S S S O 0i - y to m 5. n N -&--' O) yy! N €Rl OJ1 O O N N 4 (4 V (y ] Oo CO V1 N O O O (N4 O 8�V S ) O O S S S O O N o O cn , 0 0 0 0 0 O 1 S S S S S S S O S S O O O S S (") O m N (A€444 w In m w to w .w to y o j tppD ( (OOppqq . . m A W N . . t0 V i5 W O O O O S S SV O O S S S S O O O O S S S O 6 O bb O Oo S S O O O S S O O O P 000 C� D -•T10 m m a 3. m 0 0 0� 3 v z Jyb?.'I C O l 3 yyD< N m o03 3 N ESTIMATED CONSTRUCTION COST WEST SIDE GA APRON IMPROVEMENTS DRAKE FIELD FAYETTEVILLE MUNICIPAL AIRPORT PROJECT NO. FY052127 June 27, 2005 Item No. Description Qty. Unit Unit Price Extended I Mobilization & Demobilization 1.0 LS J25,000.00 $25000.00 2 Topsoil Removal (Plan Quantity) 530.0 CY $7.00 $3,710 00 3 Unclassified Excavation (Plan Quanta 11600.0 CY $12.50 $145000.00 4 Embankment from Excavation (Plan Quantity) 1050.0 CV $12.00 12600.00 5 Select Borrow Embankment (Plan Quantity) 6940.0 CY $19.00 $131860.00 6 Topsoil Replacement (Plan Quantity) 2040.0 CY $10.50 $21,420.00 7 Undercut and Embankment Backfil Field Measured) 1500.0 CY 52200 $33,000.00 8 Soil Stabilization Fabric 7500.0 SY $1.90 $14,250.00 9 Straw Bale Barrier 150.0 LF $7.50 $1,125.00 10 Filter Fabric Barrier 800.0 LF $4.50 $3,600.00 11 Crushed Aggregate Base Course 4250.0 TN $18.00 $76,500.00 12 r Portland Cement Concrete Pavement 9215.0 SY $32.00 $294,880.00 13 Apron Joint Sealant 1.0 LS $25,000.00 $25000.00 14 4' Asphalt Binder, Type II 40.0 TN $6500 $2,600.00 15 2' Asphalt Surface T e II 20.0 TN $68.00 $1,380.00 16 Concrete Curb and Gutter 126.0 LF $16.00 $2,016.00 17 Handicap Rarn�s, AHTD Type 3 2.0 EA $350.00 $700.00 18 18' RCP, Class III, Wall B 560.0 LF $55.00 $30,800.00 19 W PVC Sch 80 Pipe 182.0 LF $25.00 $4550.00 20 Grate Inlet 4.0 EA $6500.00 $26000.00 21 Junction Box 1.0 EA $5,500.00 $5,500.OO 22 Curb Inlet over Existing Pipe 1.0 LF $4500.00 $4,500 00 23 Reconstruct Inlet Top to Crate Inlet 1.0 EA $3500.00 $3500.00 24 Pipe Underdrain System 200.0 LF $10.50 $2,100.00 25 Solid Sodding 20.0 SY $10.00 $200.00 26 Seeding,Fertilizing. & Mulching 2.6 AC $2500.00 $6,500.00 27 Taxiway Stri i Yellow 700.0 LF $1.50 $1,050.00 28 Taxway Striping Black Outline 1400.0 LF $1.50 $2,100.00 29 Trench and Excavation Safety System 1.0 LS $5000.00 $5,000.00 30 Remove Existing Chain Link Fence 710.0 LF $10.50 $7,455.00 31 Now 6 Chain Link Fence with Barbed wire 780.0 LF $20.00 $15600.00 32 Relocate Sliding Gate and Controls 1.0 LS $3000.00 $3000.00 33 Remove Curb and Gutter (708 LF 1.0 LS $3,850.00 $3,850.00 34 Remove Asphalt Pavement (3020 SY) 1.0 LS $15,500.00 $15,500.00 35 Remove Gravel Surface (4468 SY) 1.0 LS $15600.00 $15,600.00 36 Remove Concrete Swale (72 SY) 1.0 LS $550.00 $550.00 37 Remove Concrete Block Building and Foundation 1.0 LS $7.500,00 $7,500.00 38 Remove Duplex Pump Sta. Backfill and Cap Force Main 1.0 LS 58,50000 $8,500.OO 39 Relocate SCADA System Antenna to Pump Sta South of 1.0 LS $750.00 $750.00 Terminal Building 40 Remove Concrete Inlet 1.0 LS $2,000.00 $2,000.00 41 Remove 12' 15' and 18' RCP LF 1.0 LS $1,500.00 $1500.00 42 Remove Sanitary Sower Manholes 2.0 EA $800.00 $1,600.00 43 New Sanitary Manhole 6.0 EA $2,300.00 $13,800.00 44 8' SDR 26 PVC Sewer Pipe 1140.0 LF $45.00 $51,300.00 45 Crushed Stone Trench Backfill 988.0 TN $22.00 $21,736.00 46 Conc, Curb Removal and Repair 40.0 LF $30.00 $1,200.00 47 Asphalt Drive Repair 545.0 SY $70.00 $38,150.00 48 Asphalt Parking Repair 100,0 SY $62.50 $6,250.00 49 Third Party Insurance Coverage (Rider Amount) 1.0 LS $500.00 $500.00 SUBTOTAL $1,102,762.00 Contengency 5% $55,138.10 TOTAL ESTIMATED CONSTRUCTION COST $1,157,900.10 V WAOSttIM.aw.Est.01 oyes I Clarice Pearman - Revised Grant Applicaj _ _ Page 1 As 155 oS From: David Whitaker To: Pearman, Clarice Date: 8/4/05 11:36AM Subject: Revised Grant Application Clarice: Kit and I have reviewed Ray's revised grant application and concluded that it is substantially similar to that approved by the Council. Please allow him to substitute it in the packet going for the Mayor's signature. Thanks, David J. Whitaker Assistant City Attorney City of Fayetteville, Arkansas 479.575.8313 479.575.8315 (FAX) Clarice From: Clarice Pearman To: Boudreaux, Ray Date: 8/8/05 12:15PM Subject: Res, 155-05 Ray, Attached is a copy of resolution passed by City Council August 2, 2005. I have keep a copy of the grant and returned the original to Lou on Friday. August 5, 2005. Also returned via Lou were two of three originals of the contract with APAC, minus the change order. I do not have a change order to attach. Thanks. Clarice CC: Deaton, Vicki FAYETTE\*LLE • THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR MEMORANDUM TO: Mayor Coody City Attorney City Clerk FROM: Ray M. Boudreaux, Director, Aviation and Economic Development DATE: ' August 12, 2005 SUBJECT: FAA Grant Agreement, West Side General Aviation Apron Project Please sign the attached FAA Grant that approved the grant. Thank you. Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director the resolution RESOLUTION NO. 155-05 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $1,165,206.00 AND APPROVING A CHANGE ORDER REDUCING THE CONTRACT AMOUNT BY $486,923.00, TO CONSTRUCT THE WEST GENERAL AVIATION APRON; APPROVING A 5% PROJECT CONTINGENCY OF $29,130.00; AND ACCEPTING GRANTS FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS. 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 awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $1,165,206.00 and approving a Change Order reducing the contract amount by $486,923.00, to construct the West General Aviation Apron. A copy of the contract and Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% project contingency of $29,130.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts grants from the FAA and Arkansas Department of Aeronautics totaling $678,183.00. PASSED and APPROVED this 2nd day of August,.2005. •,•,•, APPROVE Th : FAYETTEVILLE: c By: .444 AN COODY, Mayor ,9s•. s ..$,. ATTEST: -.; S'i'�kAN• Po ,',. . NG G �. �'"'tis pane. By: rt1u SONDRA SMITH, City Clerk r' EC w 1VE !) AUG ' z 2005 URGENT TIME SENSITIVE This Airport Improvement Program Grant must be executed and returned to the Federal Aviation Administration IMMEDIATELY. Please SIGN and DATE both copies! Then return the ORIGINAL via overnight mail to: Mr. Edward Agnew Department of Transportation Federal Aviation Administration AR/OK ADO, ASW-630 2601 Meacham Blvd Fort Worth, TX 76137-4298 Phone: 817 /222-5630 FAX: 817/222-5987 n U.S. Deportment of Transportation Federal Aviation Administration August 10, 2005 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: Federal Aviation Administration Southwest Region, Airports Division Arkansas/Oklahoma Airports Development Office Fort Worth, Texas 76193-0630 RECEIVEq AUG 1 2 2005 AIRPUk I The Federal Aviation Administration (FAA) is enclosing two copies of the Grant Offer for Airport Improvement Program (AlP) Project No.3-05-0020-034-2005 for Fayetteville Municipal (Drake Field). The governing body of the Sponsor must pass a resolution to accept, your attorney must certify, and you must execute the Grant Offer by August 26, 2005, to be valid. After execution, please return the Grant Offer marked original to us. The second copy is for your files. Please note that Grant Condition No. 4 requires you to complete the project without undue delay to promote better stewardship of limited AIP funds. We further direct your attention to Condition No.10. Under this grant and all future grants, your airport is authorized to use the Letter of Credit (LOC) method for securing reimbursements directly from the Federal Treasury for completed work. A number of the airports have successfully implemented this practice and it is being extended to you to promote greater efficiency of resources. We will no longer need to review and process interim project payments, but will monitor your progress from weekly Construction Progress Reports (FAA Form 5370-1) and quarterly LOC Federal Cash Transactions Report (Standard Form 272). When you complete your project, your program manager will need your statement and distribution of the project costs to close this project. Please contact Mr. Tim Riley at (405) 954-2272 for assistance establishing the LOC for this project. Until the FAA closes the grant, we ask that you make a LOC draw for incurred project expenses every 30 days. Also, we must receive a LOC "Federal Cash Transactions Report" by October 31 for all amassed grant costs through September 30 to promote a Federal fiscal year-end grant accounting. Cl • We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Edward N. Agnew Manager, Arkansas/Okla Airport Development 0 Enclosure (2) A4I R Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts NA City Council Meeting Date Aviation & Economic Development Division Action ,pprove Change Order #2 with APAC - Arkansas Inc 364, Fayetteville, AR, 72702, Phone: 479-587-3300 $23.70 Cost of this request 5550.3960.5314.00 Account Number 05034 Project Number Budgeted Item �X $ 1,264,920.00 Category/Project Budget $ 987,414.00 Funds Used to Date $ 277,506.00 Remaining Balance Budget Adjustment Attached General Government Department West General Aviation Apron Program Category / Project Name Airport Capital Improvements Program / Project Category Name General Fund / Airport Fund Name —fi7-05, 155-0 Previous Ordinance or Resolution # 173-0 Department Director Da a Original Contract Date: 8/2/2005 Original Contract Number: 1007 City Attorney Received in Ci Jerk's O ce EN RED Finance and Internal Service Directd bate Received in ice A_�Date 41 City Council Meeting of: N/A Agenda Item Number: CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor THRU: Staff/Contract Review FROM: Ray M. Boudreaux, Director, Aviation and'Ejiomic Development DATE: June 29, 2006 SUBJECT: Approve Change Order #3 for the Welt Side General Aviation Apron Project at the Fayetteville Municipal Airport, Drake Field. RECOMMENDATION: Approve change order #3 to the West Side General Aviation Apron project at the Fayetteville Municipal Airport, Drake Field to reduce the amount of the contract by $23.70. Signature of the Mayor. BACKGROUND: This reduction is due to a reduction in asphalt. Some of the reduction in quantity was taken up by an increase in the temporary fencing needed to keep the airport secure. BUDGET IMPACT: Contract amount will be reduced by $23.70. Attachments: Contract 4 copies Staff Review Form Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director MCECONSULTING DESIGNED TO SERVE ENGINEERS, INC. June 28, 2006 Mr. Ray Boudreaux Airport Department City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: West Side GA Apron Improvements Fayetteville Municipal Airport, Drake Field AIP 3-05-0020-034-2005 Dear Mr. Boudreaux: P.O. Box 1229 Fayetteville, Arkansas 72702-7229 479-443-2377 FAX 479-443-9241 RECEIVED JUN 292006 AIRPORT Enclosed please find four (4) copies of Change Order No. 3 for this project for additional Temporary Fence and the reduction of Asphalt pavement not needed for the project. This Change Order revises the quantities of aggregate base and concrete pavement previously placed at the Change Order 1 price and the remaining quantities at the Change Order price. If there are any questions regarding this change order, please contact us. Sincerely, McCLELLAND CONS dyne J ne . E. Vice Presi nt ENGINEERS, INC. Enclosure: Change Order No. 3 (4 copies) J:12005\052127 Drake Field\corres\ourdreaua-0628.wpd: CHANGE ORDER Order No. 3 Date: June 13, 2005 Agreement Date: August 2, 2005 NAME OF PROJECT: West Side GA Apron Improvements OWNER: City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc., McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Adjust the contract amount and unit prices for Items 11 & 12 for the amount of base and concrete pavement placed prior to May 2006 and adjust the unit prices for these two Items for the remaining quantities as detailed on the attached page 2 of this Change Order. Add cost of $ 843.80 to the contract. 2. Delete Item No. 1-7 for 4" Asphalt Binder, Type II for 40 TN at $78.00 per TN. Deduct cost of $ 3,120.00 from contract. 3. Reduce the Quantity for Item No. 1-7 for 2" Asphalt Surface ,Type II from 20 TN to 17.5 TN at $119.00 per TN. Deduct cost of $ 297.00 from contract. 4. Add Bid Item No 1-53 for the Relocation of the Temporary Panel Fence at the Terminal Apron at 1 LS at $ 2,550.00 per LS. Add cost of $2,550.00 to contract. Justification: 1. This item is to provide for the portion of Bid Items 11 and 12 that were installed under Change Order 1 pricing and adjusting the quantities and unit price for these items for the remaining portion of the project. 2. This item is not required as the new Entrance Drive was paved with Concrete. 3. This item is not reduced in amount of the original quantity and is thus reduced. 4. This item is needed for the relocation of the temporary panel fence from the Terminal Apron to the location through the new apron area. CONTRACT PRICE prior to this Change Orders: $_1.164.229.75 Decrease in Contract Price: ($_23.70 Revised CONTRACT PRICE Including this Change Order: $ 1,164,206.05 Final Completion Time Prior to This Change Order: 240 Calendar Days Net Time Change Resulting From This Change Order: 10 Calendar Days Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 10 calendar days. Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may other�iso.tp requires] by the GENERAL CONDITIONS. Requested by: Arkansas, I/ic►, McClinton Anchor Division J:\2005\052127 Drake Feltl\Chan9e Orders\C-Order-3 wptl CHANGE ORDER NO.3 PRICING Revised Phase I, West side GA Apron Improvements Fayetteville Municipal Airport AIP Project 3.05.0020-034-2005 June 13, 2006 MCE Project No. FY052127 Item 0 Description CO No. 2 Unit CO No. 2 CO No. 2 CO No. 3 CO No. 3 CO No. 3 REVISED Revised Bid Revised REVISED Revised Bid Revised Bid Qty. Unit Price Extended Bid Oty. Unit Price Extended 1 Mobiloation & Demobilization I LS $58000.00 $58,000.00 1.0 $5600000 $56000.00 2 lopsou Rana"1 (Plan Quantity) 530 CV $7.00 $3710.00 530.0 $7.00 $3,710.00 3 Untlesaifnd Excavation Plan D 11,600 CV $11.20 $129,920.00 11600.0 $11.20 $129,920.00 4 Embankment from Exca'ralion Plan Dun' 1.050 CV $6.25 $6,562.50 1050.0 $6.25 $6,562.50 5 Select Bormw Embankment (Plan Quanl 6.940 CY $16.85 $116,939.00 8940.0 $16.85 $116,939.00 6 Topsoil Replacement (Plan Quantity) 2,040 CY $28.00 $57,120.00 2040.0 $28.00 $57,120.00 7 Undercut and Embankment Bactmll 900 CY $21.00 $18900.00 900.0 $21.00 $18,900.00 B Soil Stabilization Fabric 3,000 SV $1.60 $4,800.00 3000.0 $1.60 $4,800.00 9 Straw Bale Barrier 150 LF $2.10 $315.00 150.0 $2.10 $315.00 10 Filler Fabric Bnier 800 LF $4.38 $3,504.00 800.0 $4.38 $3504.00 11 Crushed Aggregate Base Course 4.250 TN $18.75 $79,687.50 2856.0 $19.00 $54264.00 11A Crushed ale Base Course 0 TN $0.00 $0.00 1394.0 $18.75 $26,137.50 12 7 -Inch Portland Cameo" Concrete Pavement 9215 SY $38.00 $350,170.00 44.0 $40.95 $1,801.80 12A 7 -Inch Portland Cement Concrete Pavement 0 SY $0.00 $0.00 9171.0 $38.00 $348,498.00 13 Apron Joint Sealant 1 LS $21,000.00 $21000.00 1.0 $21000.00 $21,000.00 14 4 -Inch Asphalt Binder, Teinder, Type II 40 TN $78.00 $3,120.00 0.0 $78.00 $0.00 15 2 -Inch As halt Surface, Type II 20 TN $119.00 $2,380.00 17.5 $119.00 $2,082.50 16 Concrete Cum and Gutter 128 LF $30.00 $3,780.00 128.0 $30.00 $3,780.00 17 HanthcapRamps,AHTDType3 2 EA $960.00 $1,920.00 2.0 $960.00 $1,920.00 18 1&Inch RCP, Class III, Wall B 560 LF $64.00 $35,840.00 560.0 $84.00 $35,840.00 19 8 -Inch PVC Sch 80 P 182 LF $42.00 $7644.00 182.0 $42.00 $7,644.00 20 Grate Inlet 4 EA $6,000.00 $24000.00 4.0 $6,000.00 $24,000.00 21 Junction Box 2 EA $4,200.00 $8,400.00 2.0 $4,200.00 $8400.00 22 Curb Inset over Exislin Pj,e I LF $4,150.00 $4,150.00 1.0 $4,150.00 $4,150.00 23 Reconstruct Inlet Top to Grate Inlet I EA $4,000.00 $4,000.00 1.0 $4,000.00 $4000.00 24 P0. Underdrain S em 200 LF $10.00 $2000.00 200.0 $10.00 $2,000.00 25 Said Sodding 20 SY $10.30 $206.00 20.0 $10.30 $206.00 26 Steal®, Fertilwng, and Mulctun 2.6 AC $2,000.00 $5,200.00 2.6 $2000.00 $5,200.00 27 T Stn i ellow 700 LF $3.45 $2,415.00 700.0 $3.45 $2,415.00 28 T Stn' Black Online 1,400 LF $3.45 $44,830.00 1400.0 $3.45 $4,830.00 29 Trench nd Excavation Safe S tem 1 LS $8,100.00 $6,100.00 1.0 $6,100.00 $6,100.00 30 Remove Existing Chain Link Fence 710 LF $2.85 $2,023.50 710.0 $2.85 $2,023.50 31 New B' Chan Link Fence with Barbed Wae 780 LF $19.00 $14,820.00 780.0 $19.00 $14,820.00 32 Relocate Stidi Gate and Controls I LS $3,200.00 $3,200.00 1.0 $3,200.00 $3,200.00 33 Remove Curt and Gutter 1 LS $3,500.00 $3500.00 1.0 $3500.00 $3,500.00 34 Remove Asptail Pavement (3020 Sn 1 LS $9.000.00 $9,000.00 1.0 $9,000.00 $9000.00 35 Remove Gravel Surface 4468 S 1 LS $24,000.00 $24,000.00 1.0 $24000.00 $24,000.00 36 Remove Concrete Swab (72 SY) 1 LS $750.00 $750.00 1.0 $750.00 $750.00 37 Remo" Concrete Block Budirc and Foundation 1 LS $2,740.00 $2,740.00 1.0 $2,740.00 $2,740.00 38 Remo" Duplex Pump Station, Backflll and Cap Force Main I LS $8,700.00 $6,700.00 1.0 $6 ,700.00 $6,700.00 39 Relocate SCADA System Antenna to Pump Sta. South of Terminal Building 1 LS $260.00 $260.00 1.0 $260.00 $260.00 40 Remove Concrete Inlet I LS $205.00 $205.00 1.0 $205.00 $205.00 41 Remove 12', 15-, and 18- RCP LF) I LS $2,300.00 $2,300.00 1.0 $2,300.00 $2,300.00 42 Remove Safly Sewer Manholes 2 EA $250.00 $500.00 2.0 $250.00 $500.00 43 NewSaniayManliolo 6 EA $2700.00 $16200.00 6.0 $2700.00 $16,200.00 44 8' SDR 26 PVC Sewer Pipe 1.140 LF $50.00 $57,000.00 1140.0 $50.00 $57000.00 45 Crushed Stone Trench Back811 908 TN $19.00 $17,252.00 908.0 $19.00 $17,252.00 {6 Conc. Curb Removal and Repair 40 LF $23.00 $920.00 40.0 $23.00 $920.00 47 Asphalt Drive Re�air 545 SY $52.00 $28,340.00 545.0 $52.00 $28,340.00 48 Aaph ParkEig Repar 100 SY 344.00 $4,400.00 100.0 $44.00 $4400.00 49 Third P Insurance Covers a Rider Amount I LS $200.00 $200.00 1.0 $200.00 $200.00 50 Repave Unknown Sic Tank 1 LS $1,845.00 $1,845.00 1.0 $1845.00 $1,845.00 51 Relocate Sewer Service Line from to FAA Leased Bldg. 1 LS $1,620.00 $1,620.00 1.0 $1,620.00 $1,620.00 52 R.p of Wrier and Gas tines to Terminal Bldg. 1 LS $1,811.25 $1,841.25 1.0 $1841.25 $1,841.25 53 Relocate Temporary Penal Fence 0 LS $0.00 $0.00 425.0 $8.00 $2,550.00 Cumnt Project Cost $1,164,229.75 Change Order 2 Price $1,164,206.03 Increased Project Cost 323.70 J uoo5N42127L1we. Ord.' No 3.J Page 2 CHANGE ORDER Order No. 3 Date: June 132005 Agreement Date: August 2, 2005 NAME OF PROJECT: West Side GA Apron Improvements OWNER: City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc.. McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Adjust the contract amount and unit prices for Items 11 & 12 for the amount of base and concrete pavement placed prior to May 2006 and adjust the unit prices for these two Items for the remaining quantities as detailed on the attached page 2 of this Change Order. Add cost of $ 843.80 to the contract. 2. Delete Item No. 1-7 for 4" Asphalt Binder, Type II for 40 TN at $78.00 per TN. Deduct cost of $ 3,120.00 from contract. 3. Reduce the Quantity for Item No. 1-7 for 2" Asphalt Surface , Type II from 20 TN to 17.5 TN at $119.00 per TN. Deduct cost of $ 297.00 from contract. 4. Add Bid Item No 1-53 for the Relocation of the Temporary Panel Fence at the Terminal Apron at 1 LS at $ 2,550.00 per LS. Add cost of $2,550.00 to contract. Justification: 1. This item is to provide for the portion of Bid Items 11 and 12 that were installed under Change Order 1 pricing and adjusting the quantities and unit price for these items for the remaining portion of the project. 2. This item is not required as the new Entrance Drive was paved with Concrete. 3. This item is not reduced in amount of the original quantity and is thus reduced. 4. This item is needed for the relocation of the temporary panel fence from the Terminal Apron to the location through the new apron area. CONTRACT PRICE prior to this Change Orders: Decrease in Contract Price: Revised CONTRACT PRICE Including this Change Order: Final Completion Time Prior to This Change Order: Net Time Change Resulting From This Change Order: Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 10 calendar days. $_1.164,229.75 ($_23.70) $ 1,164,206.05 240 Calendar Days 10 Calendar Days Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be required by the GENERAL CONDITIONS. Requested by: Recommended by: Approved by: J:\2005\052127 Drake Field\Change Orders\C-Order-3 wpd Page 1 CHANGE ORDER NO.3 PRICING Revised Phase I, West side GA Apron Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-034-2006 June 13, 2006 MCE Project No. FY052127 Item # Description CO No. 2 Unit CO No. 2 CO No. 2 CO No. 3 CO No. 3 CO No. 3 REVISED Revised Bid Revised REVISED Revised Bid Revised Bid Qty. Unit Price Extended Bid Qty. Unit Price Extended 1 Mobilization 8 Demobilization 1 LS $58,000.00 $56,000.00 1.0 $56,000.00 $58,000.00 2 Topsoil Removal (Plan Quan' 530 CY $700 $3,710.00 530.0 $7.00 $3710.00 3 Unclassified Excavation Plan Ouan' 11.600 CV $11.20 $129,920.00 11600.0 $11.20 $129920.00 4 Embankmentfrom Excavation Plan Ouan' 1,050 CY $6.25 $6,562.50 1050.0 $6.25 58.562.50 5 Select Bomow Embankment Plan Oua 6,940 CV $16.85 $116,939.00 6940.0 $16.85 $118939.00 6 Topsoil Replacement Plan D 2,040 CV $28.00 $57,120.00 2040.0 $28.00 $57,120.00 7 Undercut and Embankment BackNl 900 CV $21.00 $18,900.00 900.0 $21.00 $18900.00 8 Soil Stabilization Fabric 3,000 SV $1.60 $4800.00 3000.0 $1.60 $4,800.00 9 Straw Bale Berner 150 LF $2.10 $315.00 150.0 $2.10 $315.00 10 FBer Fabric Bamer 800 LF $4.38 $3,504.00 800.0 $4.38 $3,504.00 11 Crushed ate Base Course 4250 TN $18.75 $79,687.50 2856.0 $19.00 $54.264.00 11A CrusMdAgateBaseCmne 0 TN $0.00 $0.00 1394.0 $18.75 $26,137.50 12 7 -Inch Portland Cement Concrete Pavement 9,215 SY $38.00 $350,170.00 44.0 $40.95 $1,801.80 12A 7 -Inch Portland Cement Concrete Pavement 0 SY $0.00 $0.00 9171.0 $38.00 5348498.00 13 Aaon Joint Sealant I LS $21,000.00 $21,000.00 1.0 $21000.00 $21,000.00 14 4 -Inch Asphalt Binder Type II 40 TN $78.00 $3,120.00 0.0 $78.00 $0.00 15 2 -Inch Asphalt Surface, Typo II 20 TN $119.00 $2380.00 17.5 $119.00 $2082.50 16 Concrete Curb and Gutter 126 LF $30.00 $3,780.00 128.0 $30.00 33 780.00 17 HandicapRamps,flhlDlype3 2 EA $960.00 $1,920.00 2.0 $960.00 $1,920.00 16 18 -Inch RCP, Class III. Wall B 560 LF $64.00 $35,840.00 560.0 $64.00 $35840.00 19 8 -Inch PVC Sch 80 P' 182 LF $42.00 $7,644.00 182.0 $42.00 $7,644.00 20 Grate Inlet 4 EA $8,000.00 $24,000.00 4.0 $8,000.00 $24,000.00 21 Junction Box 2 EA $4.200.00 $8.400.00 2.0 $4,200.00 $8,400.00 22 Curs Inwat over E>a P I LF $4,150.00 $4,150.00 1.0 $4,150.00 $4,150.00 23 Reconstruct INet Top to Grate Inlet I EA $4,000.00 $4,000.00 1.0 $4I000.00 $4000.00 24 Pipe Undemrain S em 200 LF $10.00 $2,000.00 200.0 $10.00 $2000.00 25 Sold Sodding 20 St $10.30 $206.00 20.0 $10.30 $206.00 26 SeedSeedIng, Fertilizing, and Mukhin 2.6 AC $2,000.00 $5,200.00 2.6 $2,000.00 $5,200.00 27 Taxiwa Sm i ellow 700 LF $3.45 $2,415.00 700.0 $3.45 $2,415.00 28 TanaySthprng (Black Outlice 1,400 LF $3.45 $44,830.00 1400.0 $3.45 $4,830.00 29 Trench and Excavation Safety tem I LS $6100.00 $8,100.00 1.0 $6,100.00 $6,100.00 30 Remove Esling Chain Link Fence 710 LF $2.85 $2,023.50 710.0 5285 $2,023.50 31 New 6' Chain Link Fence with Barbed Wire 780 LF $19.00 $14,820.00 780.0 $19.00 $14,820.00 32 Relocate Shding Gate and Controls 1 LS $3200O0 $3,200.00 1.0 53,200.00 $3,200.00 33 Remove Curb and Gutter 1 LS $3,500.00 $3,500.00 1.0 $3,500.00 $3,500.00 34 Remove Asphalt Pavement 30205 1 LS $8000.00 $9,000.00 1.0 $9,000.00 $9000.00 35 Remove Gravel Surface 4468 S I LS $24000.00 $24,000.00 1.0 $24,000.00 $24000.00 36 Remove Concrete Swale72 S I LS $750.00 $750.00 1.0 $750.00 $750.00 37 Remo" Concrete Block Baldi and Fourdabon I LS $2,740.00 $2,740.00 1.0 $2,740.00 $2,740.00 38 Remove Duplex Pump Station, Baclml aid Cap Force Main I LS $6,700.00 $6,700.00 1.0 $6,700.00 $8,700.00 39 Relocate SCADA System Antenna to Pump SW. South of Terminal Buildi 1 LS $260.00 $260.00 1.0 5260.00 $260.00 40 Remo" Concrete Inlet 1 LS $205.00 $205.00 1.0 $205.00 $205.00 41 Remove 12" 15" and 18" RCP C LF) 1 LS $2300.00 $2,300.00 1.0 $2,300.00 92,300.00 42 Remo" Sanl Sewer Manholes 2 EA $250.00 $500.00 20 $250.00 $500.00 43 NewSanitaryManbole 6 EA $2,700.00 $16,200.00 6.0 $2,700.00 $18200.00 44 8"SDR26PVCSewerPCe 1.140 LF $50.00 $57,000.00 1140.0 $50.00 $57,000.00 45 Crushed Stone TrenWheacldhu 908 TN $19.00 $17,252.00 908.0 $19.00 $17.252.00 46 Conc. Curb Removal and Repar 40 LF $23.00 $920.00 40.0 $23.00 $920.00 47 Asphalt Dove Repar 545 SY $52.00 $28,340.00 545.0 $52.00 $28,340.00 48 Asphalt Parting Repaar 100 SY $44.00 $4,400.00 100.0 $44.00 $4,400.00 49 Third Party Insurance Coverage Rider Amount 1 LS $200.00 $200.00 1.0 $200.00 $200.00 50 RemoveL)nlrnownSeplicTank 1 LS $1,845.00 $1,845.00 1.0 $1,845.00 $1845.00 51 Relocate Sewer Service Une from to FAA Leased Bldg. 1 LS $1620.00 $1,620.00 1.0 $1620.00 $1 620.00 52 Rep., of Water and Gas lines to Terminal Bldg. 1 LS $1841.25 $1,841.25 1.0 $1841.25 $1841.25 53 RSocateTenwaaryPanFence 0 LS $0.00 50.00 425.0 $8.00 $2,550.00 Current Project Coet $1,164,229.75 Change Order 2 Price $1,184,206.05 Increased Project Cost $23.70 ruoosn5xl27Oi . Ord., a. 3s Page 2 Clarice Pearman - lease agreements Page 1 From: Clarice Pearman To: Boudreaux, Ray Date: 7.11.06 5:15PM Subject: lease agreements Ray, Attached are copies of the lease agreements for: NWA EMG Stearman Farms NWA EMG Lyons Elsass APAC CO2. If anything else is needed please let me know. Thanks. Clarice CC: Audit