The URL can be used to link to this page

Home My WebLink About66-05 RESOLUTION• RESOLUTION NO. 66-05 A RESOLUTION TO APPROVE TASK ORDER #5 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $122,742.00 TO PRODUCE AN AIRPORT MASTER PLAN AND TO APPROVE APPLICATIONS FOR GRANT FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT OF $122,750.00 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 #5 to the contract with McClelland Consulting Engineers, Inc. in the amount of $122,742.00 to produce an Airport Master Plan and approves applications for grant funding from the FAA and Arkansas Department Of Aeronautics to pay for this project, and approves a budget adjustment of $122,750.00 as attached. PASSED and APPROVED this 5th day of April, 2005. •�,,,,,K/TR,,,,i�i T Y O' •Se!.. `� • G\ F O. .1) U• •�: :FAYETfEVILLE• - -.t., At., &A 9'QkANSPt'Jam': ATTEST: ;#74/ GTON CP. 1auuuw% By: SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor • TASK ORDER NO. 5 AIRPORT MASTER PLAN UPDATE FAYETTEVILLE MUNICIPAL AIRPORT STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the basic agreement entitled AGREEMENT FOR ENGINEERING SERVICES BETWEEN McCLELLAND CONSULTING ENGINEERS, INC. AND THE CITY OF FAYETTEVILLE, ARKANSAS, executed on April 30, 2003. The referenced basic agreement pertains to proposed improvements to Fayetteville ' Municipal Airport. This Task Order entered into and executed on the date indicated below the signature block, by and between the City of Fayetteville and McClelland Consulting Engineers (MCE) sets forth the project description, project schedule, and professional fees related to the preparation of an Airport Master Plan Update. SECTION I - PROJECT DESCRIPTION The description of the project is as described in Exhibit "A" to this Task Order. SECTION I1 - PROJECT SCHEDULE From the time the City of Fayetteville issues the Notice To Proceed (NTP), MCE will endeavor to provide the draft Airport Master Plan Update within 9 months. After review and comments by the FAA, MCE will endeavor to complete the final Airport Master Plan Update within 90 calendar days. J:\DRAKE FIELD\CONTRACTS\2003-2006\Task Order 5 doc Page 1 of 3 • • SECTION III - SCOPE OF SERVICES MCE shall, generally, provide those services listed in the basic agreement which are applicable to this specific Task Order. Specifically, the Master Plan project is to include the Program of Services as outlined in Exhibit "A". SECTION IV - FEES AND PAYMENTS A Lump Sum fee of $ 122,742.000 is to be paid to McClelland for the work associated with the described project. The basis for this fee is presented in Exhibit B. SECTON V - BASIC AGREEMENT IN EFFECT: Except as amended specifically herein, the basic AGREEMENT shall remain in full force as originally approved and executed. J:\DRAKE FIELD \CONTRACTS\2003-2006\Task Order 5 doc Page 2 of 3 • • IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE: By: Attest: Mayor ' Qn Date: X-12/"/( 50264-5- FOR 4S FOR McCLELLAND CONSULTING ENGINEERS, INC.: J:\DRAKE FIELD\CONTRACTS\2003-2006\Task Order 5 doc Page 3 of 3 Exhibit A Program of Services Fayetteville Municipal Airport/Drake Field Planning Program Introduction The City of Fayetteville wishes to update the master plan and program for the development of Fayetteville Municipal Airport/Drake Field, identifying and examining the role of the airport within the region's system of airports, and formulating a strategic plan and program that best represents the goals of the community and airport and sets forth a realistic and achievable direction and plan of action for the development of the airport and its environs. The Consultant will work in close liaison with the City of Fayetteville, Airport Management, Airport Advisory Board, interested parties, and the Federal Aviation Administration to make certain that the plan for Fayetteville Municipal Airport truly reflects the airport's development and strategic needs. The following work program describes the effort required to successfully complete the planning program for Fayetteville Municipal Airport, addressing the development needs of the airport and providing a program for realistic implementation. This study will consider, at a minimum, the numerous elements described in FAA's Advisory Circular 150/5070-6A, Airport Master Pians, and AC 150/5300, Airport Design. Element One/Project Management and Organization Task 1.1. Project Coordination Description: The Consultant will work in close liaison with the City of Fayetteville, Airport Management, interested parties, and the Federal Aviation Administration to make certain that the plan truly reflects the airport development needs. Regular meetings and discussions will be held between the Consultant and Airport Management. (Airport Management shall include the City of Fayetteville, Airport Staff, and the Airport Advisory Board). It is envisioned that the meetings will be held on approximately monthly basis during the course of the study (maximum of six meetings), supported by telephone discussions. The purpose of the meetings will be to report on progress made on the study since the prior meeting, receive input from the participants, report on important phases or sub -phases that have been completed, identify problems encountered for the purpose of resolution, evaluate and select alternatives presented, and generally afford an opportunity to review the work and findings at various stages of completion. The Consultant will develop a schedule for conducting the planning program, updating it as appropriate with the approval of Airport Management. Fayetteville Municipal Airport/Drake Field Planning Program Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • Product: Meetings will be held with Airport Management on approximately monthly basis, as necessary, supported by regular communication, verbal and written during the course of the planning program. Task 1.2. Public Information Program Description: Two (2) Public Information Meetings will be held as a means of informing the Airport Management, users and the public about the project and obtaining comments. The initial Public Information Meeting will be held following the development of the forecasts of aviation activity and the development and analysis of alternatives, and the second Public Information Meeting will be held following the formulation of the recommended development plan, environmental review, and implementation plan. The Consultant will be responsible for conducting the meetings, reviewing the scope of the project, presenting the findings and recommendations of the plan and program, and responding to any technical and professional questions and concerns. The Consultant shall plan the format, graphics, and handouts needed for the meetings. Following each meeting, and for all meetings held in conjunction with the development of the planning program for Fayetteville Municipal Airport, the Consultant will prepare meeting notes and, upon approval, shall make these meeting notes a part of the record for the project. The City of Fayetteville shall be responsible for the meeting location. Product: Two Public Information Meetings as a means of informing the Airport Management, users and public about the study and its findings and recommendations. Element Two/Background Information Inventories This phase of the project involves the establishment of a sound basis for plan and program development through the assimilation and documentation of appropriate base data. Maximum utilization of existing information that is current and applicable to the objectives and overall intent of this study will be made to avoid redundancy and unnecessary data collection. Task 2.1. Identification of Available Information, Inventory of Existing Planning Data, and Collection of Socioeconomic Data Description: Existing (secondary) data and information, such as, but not necessarily limited to, documents, maps, studies and projects currently underway or in the planning stages (on and off airport property and in the vicinity) that may directly or indirectly influence this study effort will be identified, reviewed, and documented. Such information would, for example, include a review of any existing regional and state system plans, airport layout plans, environs plans, surface transportation plans, terminal plans, utility plans, engineering reports, community master plans, airport security plans, among others. Fayetteville Municipal Airport/Drake Field Planning Program 2 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY The Consultant will collect, analyze and incorporate information from local, regional and state aeronautical studies, comprehensive planning documents, and ground transportation studies as related to the development of Fayetteville Municipal Airport. In addition, historic and forecast socioeconomic data for Fayetteville and the region will be collected from secondary sources. Product: Identification, review and documentation of existing data and information for use as input to future tasks. Collection and analysis of relevant information that could impact this study and the recommendations that are ultimately formulated. Task 2.2. Facilities Inventory Description: The Consultant will inventory all facilities within the boundaries of Fayetteville Municipal Airport, including buildings, runways, taxiways, aprons, internal roadways, navigational and electronic aids. This will result in a complete facilities inventory recording, serving as information for the demand/capacity analysis and overall database and informational program. The building inventory will include a very brief assessment of each building as to age and function -ability . The facilities information that is gathered will result in written and graphic documentation in the master plan, as well as a technical drawing file documentation (AutoCAD°) for use in preparation of the Airport Layout Plans. Product: Recording all facilities within airport bounds to serve as input to future tasks. Task 2.3. Building Height Survey Description: The Consultant will determine the height of each building and structure within the bounds of the airport. This information will be used on the Airport Layout Plan and can be included in any data base management program established for the airport. Product: A determination and recording of the height of each building and structure within airport bounds. To be used as required information on the Airport Layout Plan. Task 2.4. Inventory Existing Land Use and Zoning Description: Review and update as necessary and appropriate existing land use and zoning maps and accompanying narrative within the airport environs, including that area anticipated to be encompassed by the existing and/or future noise contours resulting from this study effort. General boundaries can be initially established for ascertaining land use and zoning patterns based on current noise contours. This environs area would then be refined, but would extend a minimum of one mile off each runway end and one-half mile off the sides of the runway, following ownership lines or other definable landmarks, for inventory purposes. Existing land use within the airport environs shall be reviewed. Noise sensitive uses/areas shall be identified. In addition, natural characteristics that shall impact development and planning on and off airport property shall be identified. Key transportation routes shall be identified. Fayetteville Municipal Airport/Drake Field Planning Program 3 Program of Servicos/February 7, 2005/BARNARD DUNKELBERG & COMPANY Product.: Documentation of existing land use and zoning within the airport environs to be used as input to future tasks. Task 2.5. Airspace and NAVAIDS Inventory Description: The Consultant will identify and present existing airspace utilization factors for the area surrounding Fayetteville Municipal Airport. This will provide an inventory of local instrument approach procedures, as well as a verbal and graphic depiction of regional airspace considerations. Product: An inventory and assessment of airspace structure surrounding and affecting Fayetteville Municipal Airport; to be used as input to future tasks. Task 2.6. Financial Inventory Description: The objective of this task is to gather documents which affect the financial management of airport operations and capital development and to develop an understanding of the structure, constraints, requirements and opportunities for financing airport activities as related to the development of a capital improvement program. The documents gathered and preliminarily reviewed will be used to complete subsequent tasks. Potential funding sources for airport capital improvements and for subsidizing airport operations, if applicable, will be identified. A compilation and summarization of this financial information to be used in subsequent tasks relating to altemative evaluations as well as final plan recommendations will be provided which will indicate the anticipated flow of funds for each year for each projects. Product: A compilation and summary of financial information as input to the development of the capital improvement program and funding resource recommendations. Element Three/Forecasts of Aviation Activity The importance of assessing future trends relating to airport utilization and operational activity levels is especially significant in the development of the planning program for Fayetteville Municipal Airport in that many of the proposals and recommendations of the ultimate plan for the facility is principally based, in many cases, on such aviation activity forecasts. This aspect of the master planning process, in essence, acts as the hub for the remainder of the plan. In many cases, the decision to proceed with projects is based on the anticipated levels — including numbers as well as types of aircraft — of activity. Therefore, the importance of accurate and defensible forecasts cannot be overemphasized, nor can the need to present a sound basis for the forecasts, which is an accurate portrayal of the existing level and composition of aviation activity coupled with historical levels of such activity. The primary and certainly the dominant objective of forecasting is the use of such information in the determination of future demand at the airport, and within the airport Fayetteville Municipal Airport/Drake Field Planning Program 4 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • system as a whole, which enable the determination of potential impacts created by the type and magnitude of future operational activity at the airport and within the system. Because of the importance and long-term effects of aviation activity forecasts, they must be reasonable, appropriate and defensible. Prudent management and implementation decisions are based on conditions and occurrences that are expected to transpire in the future. All the aviation activity forecasts will be summarized and presented in a one -table format. Task 3.1. Collect and Evaluate Existing Operational Data Description: This task will focus on reviewing and evaluating existing operational data for airport operations, collecting and updating, as appropriate, the aircraft mix and flight track utilization, flight procedures, and aircraft profiles specific to Fayetteville Municipal Airport. Sources of information include local, regional and national economic determinants and trends, approach control records, airport advisory records, airport tenants, and, very importantly, ground observations. Data needed to generate the long-term noise contours as a part of the development of the planning program for the airport, include numbers of current operations of aircraft, aircraft fleet mix, flight tracks, flight profiles, and typical operational procedures. This element will ensure that the noise contours generated for the airport will reflect the actual flight tracks and operational procedures. Product: A documented evaluation of existing operational data for Fayetteville Municipal Airport. Input to future tasks. Task 3.2. Aviation Activity Evaluation and Projections Description: The Consultant will compile a summary of aviation activity and operational data for Fayetteville Municipal Airport to indicate historical growth and present a basis for statistical analysis of based aircraft, aircraft mix, annual aircraft operations, and related factors for the airport within the airport system. The operational forecasts will be made by the following categories: based aircraft by mix, local and itinerant operations by aircraft type and mix, instrument activity and busy -hour operations. Critical aircraft at Fayetteville Municipal Airport will be identified by Airport Reference Code and forecasts for such aircraft at the airport will be developed as well. The forecasts will be developed for a 20 -year planning period and broken down into short- term, intermediate-term, and long-term (6 year, 10 year and 20 year, respectively) time periods, with specific forecast years to correspond, as appropriate, with those used by local and regional planning agencies. A summary of forecasts of aviation activity will be provided and presented in a manner that corresponds with heading formats used in the FAA's Terminal Area Forecasts documentation. In addition, operational fleet mix will be summarized by Airport Reference Code with anticipated growth in fuel sales. Product: Preparation of operational, aircraft, cargo and passenger forecasts. Serves as input for several subsequent tasks. Fayetteville Municipal Airport/Drake Field Planning Program 5 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY Task 3.3. Develop Working Paper Description: The Consultant will develop a detailed working paper describing the tasks outlined above. The technical portions of the paper will be in terms that are easily understandable to the layman. The working paper will be considered a draft of a chapter of the Study document and will provide information for subsequent decisions. Fifteen (15) copies of the Working Paper will be prepared, two (2) of which will be submitted to the FAA. Product: A written and graphical summary of the findings from completion of the foregoing tasks, becoming a chapter in the final report. Fifteen (15) copies of the Working Paper will be prepared, two (2) of which will be submitted to the FAA. Element Four/Capacity Analysis Task 4.1. Capacity Analysis Description: The ability of an airport to accommodate both existing operations and projected operations for the future is paramount. It is basic to the development of the airport. Insufficient capacity can reduce existing airport capabilities as well as the development of aviation potential Airport operating capability is determined and expressed in terms of Annual Service Volume (Asv) and Capacity, relating to both visual flight rules and instrument flight rules [including Visual Flight Rules (vFR) and Instrument Flight Rules (IFR) Arrival Rates]. The capacity of an airfield is primarily a function of the major aircraft traffic surfaces that compose the facility and the configuration of those surfaces (runways and taxiways). However, it is also related to and considered in conjunction with wind coverage, airspace utilization and capacity, ground access capacity, the types of aircraft that utilize the facility, and the availability and type of navigational aids. An instrument approach analysis will be prepared as a part of this study. Helping to achieve and maintain a balance between demand and capacity is a direct benefit of the planning program. The use of the plan in identifying projects for implementation and making decisions concerning to what extent the demand for facilities should be satisfied, should be a primary objective. Both airside and landside capacity determinations are made as a part of this analysis. Product: Determination and documentation of the existing and future airside and landside demand placed on Fayetteville Municipal Airport and the existing and potential capacity for accommodating future airside and landside needs; input to future tasks. Element Five/Facility Requirements Airport capacities analyzed in the preceding task, both existing and future for airside and landside facilities at Fayetteville Municipal Airport, shall be utilized in the determination of the type and magnitude of facilities to be ultimately planned and programmed for the airport. Fayetteville Municipal Airport/Drake Field Planning Program 6 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • Specific allocations of the type and magnitude of such facilities shall be noted as a basis for the recommendations. The facilities requirements analysis focuses on the actual physical facilities and associated improvements needed to safely and efficiently accommodate the projected demand at the airport. For airside development, runway orientation, length and grade is specified and dimensional criteria relating to runway width, taxiway width, taxiway exits, safety areas, runway protection zones, and setbacks is documented, all in accordance with the standard dimensional criteria set forth in FAA Advisory Circular 150/5300-13. For landside development, the quantity and areas needed for development of apron areas, hangars, parking areas, maintenance buildings, among others, are calculated and presented. The calculation for needed landside development is based on a conversion of many considerations to specific figures that are premised on accepted design standards. These considerations include the number and type of projected aircraft operations; the type of aircraft utilizing and expected to utilize the airport; the number and type of projected based aircraft; projected vehicular movements; and, similar considerations. During the determination of both airside and landside facilities requirements, the Consultant shall coordinate with the Federal Aviation Administration to ensure that all Standards and Safety Requirements, as defined in AC 150/5300-13 and as determined by the FAA during field investigations, are met in this analysis and included in the recommended facilities for the development of the airport. The FAA Airport Design Program Version 4.2d, or latest version will initially be used to help in determining runway length and dimensional criteria, with the results being incorporated into the plan narrative. Additionally, a copy of the actual printout from the Airport Design Program, indicating runway length requirements, dimensional standards and declared distances, shall be included in an Appendix to the appropriate working paper as well as to the final Master Plan Update document. The appropriate Airport Reference Code (ARC) shall be recommended as a part of the study effort, based upon forecast demand and airport role. A table listing all deviations from current FAA design standards pertaining to the recommended ARC shall be provided in the Master Plan Update report, including proposed disposition of the deviations. Disposition would entail recommended improvements and/or recommended FAA approval of modification to standards Any requests for modification of standards shall be submitted in an FAA acceptable format. Task 5.1. Determine Aircraft Operational Requirements Description: In accordance with the above described aviation demand forecasts, the Consultant shall identify the types of aircraft expected to operate at Fayetteville Municipal Airport , with particular attention being given to the critical aircraft as prescribed by AC 150/5300-13. The Consultant shall analyze the operational requirements of these aircraft to assist in the determination of facility standards, including the airport design category in accordance with AC 150/5300-13. Product: Determination of aircraft types and associated operational requirements. To be used as input to future tasks. Fayetteville Municipal Airport/Drake Field Planning Program 7 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY Task 5.2. Airside Facilities Requirements Determination Description: In accordance with the above described aviation forecasts and capacity analysis, and in consideration of established facility standards and airport system influences and characteristics, the Consultant shall convert the aeronautical demand forecast into the number, type, and amount of airside facilities needed including runway, taxiway, NAVAIDS and approaches, lighting and approximate land area needs, based on the different development scenarios that would affect airside requirements. An evaluation of the safety areas shall be accomplished, with recommendations made for resolution, and any deviations from Federal Aviation Administration design standards shall be noted in the Master Plan Update document as well as on the Airport Layout Plan. Consideration shall also be given to any navigational aid facilities needed for the continued safe and effective use and development of the airport and the location of such facilities. The Consultant shall work with the Federal Aviation Administration to determine the most appropriate facilities and the location of the facilities. Product: Identification and presentation of airside facility needs and requirements based on the forecasts of aviation activity. Task 5.3. Landside Facilities Requirements Determination Description: Considering established facility standards and airport system influences and characteristics, the Consultant shall convert the aeronautical demand forecast into the number, type, amount and nature of aprons, terminal building, ARFF facilities, terminal area aircraft parking spaces, hangars, automobile parking, access roads, security fencing and facilities, regional roadway network interfaces, automobile parking requirements, maintenance buildings, fueling facilities location, rental car facilities, and the approximate land area needed. The Consultant shall also identify land that should be acquired for aviation purposes as well as land that is currently not and shall not be suitable for future airport uses, if any. The findings from this analysis shall serve as the basis for identifying various development alternatives, the allocation of various uses at the airport, and the specific layout of the facilities at each airport as noted above. Product: Identification and presentation of landside facility needs and requirements based on the forecasts of aviation activity. Task 5.4. Develop Working Paper Description: The Consultant shall develop a detailed working paper describing the tasks outlined above. The technical portions of the paper shall be in terms that are easily understandable to the layman. The working paper shall be considered a draft of a chapter of the Master Plan Update document and shall provide information for subsequent decisions. This working paper shall be submitted to the Federal Aviation Administration as well for review and comment. Fifteen (15) copies of the Working Paper shall be prepared, two (2) of which shall be submitted to the FAA. Fayetteville Municipal Airport/Drake Field Planning Program 8 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY Product: A written and graphical summary of the findings from completion of the foregoing tasks, becoming a chapter in the final report. Element Six/Development Plan Based on established goals and desires of the City of Fayetteville, Airport Management and others as appropriate, as well as an evaluation of potential alternatives, a specific plan and program for airport development at Fayetteville Municipal Airport will be prepared. Task 6.1. Goals Development Description: Based on inventory findings, demand considerations, forecasts of aviation activity and input from the City of Fayetteville, Airport Management, and the Consultant will assemble a series of goals that subscribe to the intent, direction and purpose of and for the airport. These goals will, after thorough review and approval by the appropriate entities, serve as the basis for the preparation of the Development Plan for Fayetteville Municipal Airport and will help to ensure a commonalty in terms of communication, direction and cohesiveness of future improvements at the airport. Product: Documented goals that will serve as the basis for various decisions regarding airport development and implementation mechanisms, and a basis on which to evaluate future projects and any changes in the plan or any part of the plan in the future. Task 6.2. Prepare Development Alternatives Description: The Consultant will be responsible for identifying and documenting feasible altematives for airside and landside facility modifications and improvements at Fayetteville Municipal Airport, in light of individual airport considerations as well as system -wide factors. Specifically, this will include alternatives related to the configuration of the runway and taxiway systems and alternatives related to airport development, including operational scenarios, additional navigational facilities, environmental enhancement considerations, general aviation development areas, cargo development areas, user development areas, vehicular accommodation and surface transportation development (i.e., access/entrance roadways, parking, service roadways, internal roadway systems, etc.), terminal area development, utilities, off -airport development, land acquisition, site development projects and programs, regional roadway and other airport proposals and programs, as well as many other considerations to be determined as the planning process evolves. The process of alternative development will begin with a "brainstorming" session with the Airport Management. Two or three such sessions may be appropriate as various alternatives, concepts and potential directions are identified and considered. It is important that the alternative analysis and evaluation give adequate consideration to the engineering feasibility, environmental impact potential, noise exposure implications and development costs, all of which are included in various sections of this work program. Fayetteville Municipal Airport/Drake Field Planning Program 9 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • All viable alternatives will be considered and each will be evaluated in the process of establishing the development plan and program for the airport, with generalized implications and consequences of each alternative being presented in written and graphic form. In doing so, the alternatives will be tested against established criteria, goals for the airport and of the City of Fayetteville, and consistency with Federal requirements. The results of this effort will assist in yielding a positive and unified direction for specific projects and establishing an overall framework for airport development. Alternative development concepts will be prepared and presented, serving as the basis for ultimate plan and program recommendations. Each of the alternatives and potential development alternative derivatives will be described in narrative form and graphically illustrated in report form and large-scale presentation form, and presented to the above noted entities for review and consideration as a prelude to plan and program development based on a selected alternative or series of alternatives. Product: A presentation and evaluation of the various alternatives that may be available for airport development and growth throughout the planning period. Input to later tasks. Task 6.3. Prepare Development Plan and Program. Description: The Consultant shall prepare a Development Plan and Program for Fayetteville Municipal Airport in both narrative and graphic form, as a precedent to the preparation of the Airport Layout Plan. The Development Plan and Program shall depict specific projects in conjunction with a staging program for implementation. The implementation program for each facility will be "demand based" to facilitate timed development activities that are focused on project need, available resources, anticipated activity levels and prevailing conditions. As a part of this assessment and determination of facilities and projects, all physical and operational aspects of each airport will be evaluated. Such considerations may include regional activities and issues, relationships with other area aviation facilities, as well as airport specific issues. Product: Presentation of a development plan and implementation program for Fayetteville Municipal Airport stemming from the forecasts presented earlier and a thorough alternatives analysis. Task 6.4. Develop Working Paper. Description: The Consultant will develop a detailed working paper describing the tasks outlined above. The technical portions of the paper will be in terms that are easily understandable to the layman. The working paper will be considered a draft of a chapter of the Master Plan document and will provide information for subsequent decisions. This working paper will be submitted to the Federal Aviation Administration as well as for review and comment. Fifteen (15) copies of the Working Paper will be prepared, two (2) of which will be submitted to the FAA. Fayetteville Municipal Airport/Drake Field Planning Program 10 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • Product: A written and graphical summary of the findings from completion of the foregoing tasks, becoming a chapter in the final report. Fifteen (15) copies of the Working Paper will be prepared, two (2) of which will be submitted to the FAA. Element Seven/Environmental Review The Consultant shall prepare an Environmental Review to identify significant environmental issues that may be of concern with the proposed development at Fayetteville Municipal Airport. This document shall summarize the general impacts associated with the Preferred Alternative for the airport in a non -quantified fashion and identify the likely environmental processing necessary for the improvements. Following is a summary of the tasks to complete this review. Task 7.1. Data Collection Description: The following information necessary to understand the existing environmental conditions shall be collected: • State and local wetland inventories, water resource inventories; • State inventories of endangered and threatened species in the vicinity; • State inventories of historic and archaeological sites; • Topographical maps and earth/soil information; • State data concerning air quality in the Airport vicinity; • Airport policies and procedures, including a wildlife management plan and any operating permits; Data collected for other aspects of the planning program, such as historic airport activity and area demographics shall be incorporated in this analysis. Additionally, a summary map(s) shall be prepared that describes/documents these conditions, as appropriate, based on both historical results and current findings. Product: Collection and documentation of information relating to environmental issues. Task 7.2. Existing and Future Noise Contours Description: The Consultant shall generate existing noise contours for current airport development and operational levels and future noise contours for the recommended development alternative at Fayetteville Municipal Airport. The contours shall be generated utilizing the most recent version of the Integrated Noise Model and shall reflect the end of the twenty-year planning period. Noise sensitive land uses shall be identified and evaluated for each alternative. The noise contours shall be illustrated for DNL 65, 70, and 75, and, at the City's discretion, for the DNL 55 and 60. Product: Existing and future noise contours reflective of current and forecasted operational levels and aircraft types. Fayetteville Municipal Airport/Drake Field Planning Program 11 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY Task 7.3. Existing Conditions Analysis Description: The Consultant shall develop a characterization of the existing conditions at Fayetteville Municipal Airport. A general site conditions description shall be prepared that summarizes earth, air quality, surface and ground water wetlands, landfill locations, plants and animals, energy and natural resources, land use resources. Product: Documentation and presentation of current conditions within the vicinity of Fayetteville Municipal Airport. Task 7.4. Future Conditions Impact Description: Based on the understanding of the existing conditions, the impact of the proposed Master Plan Update actions at the airport shall be considered. The environmental screening analysis shall identify the probable change in impacts that could be caused by the actions selected for inclusion in the Master Plan Update. While specific impacts shall not be numerically quantified, the degree of change over existing conditions shall be described. Focus shall be placed on environmental conditions that shall be most affected by the Master Plan Update actions. Product: Documentation and presentation of future conditions within the vicinity of Fayetteville Municipal Airport. Task 7.5. Prepare Working Paper Description: The Consultant shall prepare a Working Paper describing the tasks outlined above. The technical portions of the paper shall be in terms that are easily understandable to the layman. The working paper shall be considered a draft of a chapter of the Master Plan document and shall provide information for subsequent decisions. This working paper shall be submitted to the Federal Aviation Administration as well for review and comment. Fifteen (15) copies of the Working Paper shall be prepared, two (2) of which shall be submitted to the FAA. Product: A written and graphical summary of the findings from completion of the above tasks This working paper shall become a chapter in the final report. Element Eight/Airport Plans Task 8.1. Airport Layout Plan and Exhibit "A" Description: An Airport Layout Plan (ALP) shall be prepared for Fayetteville Municipal Airport in accordance with the findings, recommendations and approvals resulting from the study. The ALP shall be developed utilizing the current ALP electronic files, supplemented with new aerial information, and AutoCAD© Map 2004 or the most current version. The ALP will depict the configuration and general dimensioning of the initial and proposed airport Fayetteville Municipal Airport/Drake Field Planning Program 12 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • facilities, including building height of all buildings on airport property obtained from the aerial photography and mapping work element. The Airport Layout Plan will include such information as: 1) Airport Layout; 2) Existing and Future Boundaries; 3) Location Map; 4) Vicinity Map; 5) Basic Data Tables; 6) Utility Data; and, 7) Wind Information. Each of these components of the Airport Layout Plan will contain the information as required in FAA Advisory Circular 150/5300-13. No new land or aeronautical surveying work is included in this program. The Airport Layout Plans will be depicted in two forms: one as a line drawing; and, one as a color drawing. One reproducible copy of the Airport Layout Plan will be provided to the Sponsor Ten (10) copies of the line drawing and ten (10) copies of the color drawing (or aerial drawing) [with seven (7) of each version of the final ALP being provided to the Federal Aviation Administration] for the airport will be provided. In addition, the data files developed using AutoCAD© Map 2004 or the most current version will be supplied in electronic format. Prior to the finalization of the ALP, one (1) copy of a preliminary draft ALP will be provided to the FAA for review and seven (7) copies of the final draft ALP will be provided to the FAA. As a part of the process of developing the Airport Layout Plan, an Airport Property Map (Exhibit "A"), using existing survey information (including existing property map data/drawings along with existing local, state, and federal mapping and charts) will be prepared in accordance with the guidelines provided by the FAA. Any deviations to FAA design standards will be noted on the Airport Layout Plan as well as in the Master Plan narrative. Large-scale reproducible drawings shall be prepared on a sheet size no smaller than 24" by 36". Product: Preparation of Airport Layout Plans and Airport Property Maps in AutoCAD° Map 2004 format and in full color as well as reproducible formats. All existing and proposed modifications of FAA design standards will be identified, with rationale for any proposed modifications provided on the ALP and/or in the Master Plan document, as appropriate. A Declared Distances table will be included on the ALP. Task 8.2. On -Airport Individual Area Plans Description: The Consultant will prepare a set of Individual Area Plans for various areas within the bounds of airport property. The plans will generally be comprised of, but not necessarily limited to, the terminal area, the general aviation area, commercial and industrial complexes, hangar areas, and other special use areas. The Individual Area Plans will illustrate existing and proposed facilities, including such elements as building configuration and location, taxiway and apron development, vehicle access roads (including recommendations for service road locations) and parking areas, specifically indicating those facilities which currently exist and those which are proposed and labeling the various components of each of the Individual Areas Plans. The relationship with appropriate immediately surrounding airfield and landside components (i.e., runway, taxiways, object free area, runway protection zones, external roadways, on -airport navigational aids, airport Fayetteville Municipal Airport/Drake Field Planning Program 13 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • boundary, among other considerations) will also be illustrated, as will available topographical characteristics. Specific utilization for undeveloped/underdeveloped areas on the airport will be considered and recommendations made, with particular emphasis placed on potential development/redevelopment areas and expansion areas. Plans shall be established for these areas to guide improvement activity for the benefit of the airport and the airports environs in keeping with the overall objectives established for airport enhancement. The information on these drawings shall be depicted at a scale not less that 1"=100', unless another scale is mutually agreed upon by the Sponsor, the FAA, and the Consultant. Product: A set of plan drawings for various airport areas as noted, provided on AutoCAD° Map 2004, in color and as a reproducible. Task 8.3. Land Use Plan Description: A Land Use Plan for Fayetteville Municipal Airport will be developed which depicts existing and recommended uses of all land within the ultimate airport property line (on -airport) and within the vicinity of the airport (off -airport). Land uses will be depicted by general land use categories, including such categories as agriculture, residential, industrial, commercial, parks and open space, aviation -related, public, flood plains, DOT Section 4f, among others as appropriate, but including special note of noise sensitive uses. The Consultant will prepare a height zoning ordinance for controlling the height of objects around the airport. The Land Use Plan will be illustrated on a drawing (same sheet size as the ALP) and described within the body of the Master Plan Update document. Findings resulting from this study effort will be incorporated into environs land use recommendations that will be provided to affected governmental jurisdictions in the vicinity of the airport. Draft portions of land use control ordinances will be provided, as appropriate, for review, consideration and appropriate action by the Sponsor As appropriate and applicable, an Airport Overlay Zone will be prepared for Fayetteville Municipal Airport, suitable for incorporation into the City's Comprehensive Plan. Product: Development of a Land Use Plan that depicts existing and recommended uses of all land within the ultimate airport property line (on -airport) and within the vicinity of the airport (off -airport). Task 8 4 Airport Airspace Drawing and Inner Portion of the Approach Surface Drawing Description: The Airport Layout Plan set also includes an Airport Airspace Drawing and an Inner Portion of the Approach Surface Drawing. Based on AC 150/5300-13 entitled Airport Design, an Airport Airspace Drawing and an Inner Portion of the Approach Surface Drawing shall be prepared in accordance with the findings, recommendations and approvals resulting from the study. These drawings supplement information on the Airport Layout Plan. Fayetteville Municipal Airport/Drake Field Planning Program 14 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • • A plan showing the existing and the ultimate runway protection and approach zones will be developed for each runway end at Fayetteville Municipal Airport. Plan and profile views of each area will be developed identifying all physical obstructions. Obstruction data will be gathered from secondary sources (existing airport planning documents, obstruction charts, utility companies, U.S.G.S. maps, etc.). Dimension lines will note the obstruction's height and location. Any obstruction requiring removal or relocation to meet FAA standards will be noted and an action plan identified. The Inner Portion of the Approach Surface Drawing will be prepared depicting the following: 1) Areas under imaginary surfaces as defined in FAR Part 77, Objects Affecting Navigable Airspace; 2) Existing and planned approach slopes and any height zoning ordinance limitations; 3) A plan and profile of runway protection zones and approach areas showing controlling structures and other objects penetrating the runway protection zones and approach areas; 4) Location and elevation of obstructions exceeding runway protection zone requirements [using current NOAA Obstruction Chart information]; and, 5) Areas attracting large numbers of birds or other potential hazards to aircraft flight within the approach zones. A height zoning analysis, per FAR Part 77, will be performed to determine existing obstructions and the potential for future obstructions. A map will be prepared showing the Part 77 surfaces, the existing structures, existing variances from the Part 77 criteria and areas of potential development that will not affect airspace utilization or present a hazard to aircraft. Like the ALP, the Airport Airspace Drawing and the Inner Portion of the Approach Surface Drawing will be developed utilizing AutoCAD° Map 2004 or the most current version. Product: Development of an Airport Airspace Drawing and Runway Protection Zone Drawings in AutoCAD© Map 2004, in a reproducible format. An Obstruction Disposition Table will be illustrated on the Airport Airspace Drawing and/or the Runway Protection Zone Drawings, as necessary. Fifty -foot (50') contour intervals will be shown for all FAR Part 77 sloping imaginary surfaces. The Airport Airspace Drawings and Runway Protection Zone Drawings will depict, in plan and profile views, the full length of all approach surfaces. Any considerations relating to potential instrument approach procedures will be coordinated with the FAA Arkansas ADO and Southwest Regional Office prior to any recommendations for such being made. Element Nine/Implementation Program To provide a program for development and to assist in establishing economic viability, the costs associated with the proposals contained in the Development Plan and Program for Fayetteville Municipal Airport shall be presented. Task 9.1. Prepare Cost Estimates Fayetteville Municipal Airport/Drake Field Planning Program 15 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY • Description: Cost estimates of facility requirements, based on current dollars for immediate projects and adjusted for future projects based on a representative escalation amount commensurate with inflation, shall be prepared for the first six-year period, a more generalized cost breakdown shall be prepared for the ten-year period; and a facility breakdown with costs shall be prepared for the twenty-year period. These facility requirements include potentially, for example, such items as runway strengthening or rehabilitating, runway lengthening, taxiways, aprons, hangars, access roads, perimeter roads, safety areas, lighting and signing, fencing, terminal building, auto parking, airport maintenance, fuel facilities, among others as appropriate. Facility costs shall be prepared using unit prices extended by the size of the particular facility tempered with some specific considerations. Cost estimates are intended to be used for planning purposes only and are not to be construed as construction estimates. The following criteria shall be used in determining the estimates of project costs. First, the type of project estimate is determined. This may be an order of magnitude estimate or a budget estimate. The budget estimates are then developed by itemizing major unit items, i.e. pavement areas, building square footage, etc. Second, a price is determined for the unit bid items by using existing airport bid tabulations, published cost estimating materials, local supplier and distributor price quotes, and our own recent project history. This data is then reviewed and analyzed for specific factors that may influence costs. These factors include airport operational constraints, project schedule, utility locations, future projections of material and labor costs and any other special project requirements. Product: Cost estimates for all improvement projects proposed for the planning period at Fayetteville Municipal Airport. Task 9.2. Implementation Schedule Description: The implementation schedule identifies all airport development projects within the 6 -year, 10 -year and 20 -year planning periods. The short-term (6 -year) plan is an immediate action program recognizing and identifying realistic local, state and federal funding levels. The short-term plan is identified within the Capital Improvement Program (CIP) and shall be noted with indicators, or triggers, that represent action measures and associated requirements. The intermediate-term (10 -year) plan is a detailed description for sizing airport requirements and layout. Intermediate projects may be identified within the CIP. The long-term (20 -year) plan identifies the ultimate role of each airport, airport design type and the concept for accommodating ultimate facility requirements. Some long-term projects may also be identified with the CIP. The report's drawings shall include colored phasing, depicting the short-term, intermediate-term and long-term development stages. Product: Identification of all airport development projects at the airport within the planning period, incrementally presented, and the resultant phasing. Task 9.3. Capital Improvement Program (CIP) Description: The Capital Improvement Program (CIP) generally consists of projects identified within the short-term (6 -year) period. As previously noted, intermediate-term (10 - Fayetteville Municipal Airport/Drake Field Planning Program 16 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY year) and long-term (20 -year) projects maybe identified within the CIP as well. The CIP identifies development projects, noting total development costs, project priorities, and appropriate types of FAA funds to be programmed for implementation. The existing CIP shall be used to the maximum extent possible, and updated as the master plan recommendations necessitate. The CIP shall be coordinated with state and federal agencies. A CIP will be provided that incorporates projects recommended during the planning period for the airport. Product: A Capital Improvements Program describing the projects, their associated costs, and relative priorities. Task 9.4. Financial Plan Description: The financial plan identifies the funding source needed to implement airport development. The plan identifies the amount of federal, state and local funds necessary for each project identified within the CIP and for each phase of development. Bid tabulations from area airport construction projects shall be used. Product: Identification and presentation of funding sources to support the Implementation Plan. Task 9.5. Develop Working Paper Description: The Consultant shall develop a detailed working paper describing the tasks outlined above. The technical portions of the paper shall be in terms that are easily understandable to the layman. The working paper shall be considered a draft of a chapter of the Master Plan document and shall provide information for subsequent decisions. This working paper shall be submitted to the Federal Aviation Administration as well for review and comment. Fifteen (15) copies of the Working Paper shall be prepared, two (2) of which shall be submitted to the FAA. Product: A written and graphical summary of the findings from completion of the above tasks. This working paper shall become a chapter in the final report. Element Ten/Documentation It is particularly important to be able to communicate the ideas, thoughts, findings and recommendations of a project. The importance of report preparation and graphic ability is realized here to ensure clarity, understanding and general public relations. Task 10.1. Master Plan Draft and Final Reports Description: Report preparation shall include writing, editing and typing the master plan report, determining the composition of the report with figures, charts, graphs and illustrations, and the printing of Fifteen (15) copies of the draft report and twenty-five (25) Fayetteville Municipal Airport/Drake Field Planning Program 17 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY copies of the final report, with two (2) copies of the draft report and three (3) copies of the final report being furnished to the FAA. The draft and final report will contain the recommendations, plans and supporting documentation for the airport. The draft report shall not necessarily include color graphs, charts or illustrations while the final report shall include such where appropriate. The final report shall be contained in a three-ring loose-leaf notebook specifically designed for the Fayetteville Municipal Airport Master Plan Update. Product: Fifteen copies (15) of the Master Plan Update Draft Report and twenty-five (25) copies of the Master Plan Update Final Report, the latter of which shall be contained in a three-ring loose-leaf notebook. Task 10.2. Reproducible Drawings Description: The Consultant shall prepare a reproducible drawing at an appropriate scale on a sheet no smaller than 24" by 36" for each of the following maps: Airport Layout Plans; Airport Airspace Drawings; Runway Protection Zone Drawings; and Building Facilities Area Plans. All airport drawings shall be compatible with AutoCAD® Map 2004 or the most current version. The Consultant shall furnish electronic files for each of these drawings to the Sponsor. Product: A set of reproducible drawings and electronic files of all drawings included in the Airport Layout Plan Drawing Sets prepared for Fayetteville Municipal Airport. Fayetteville Municipal Airport/Drake Field Planning Program 18 Program of Services/February 7, 2005/BARNARD DUNKELBERG & COMPANY '0,0) D m y u u Dm ? D m cacao) D m N N N N N N i m ++ D m S m m m m A (J N+ r 0 A V N T $ m q + fJ N+ S q 0 "3°H J T q N+ $O q 3 p G( m xx cw— zm RmPA, R sro RS �> >≥m mm A� �� Oo dm o Da m y N >0 pN E 0 N 51 0 Z J fl O'qC ≤ Y y A O O O N y y S J< D N .( N 09 O O R 5 0 0 5 9.0 9' tDl 3 O O m m y J C 555 3 AF 5 D lq m A o J SD mx m m m 33_ nmio u mAO O no4 S^i •2 D52'•205, -Ip +0 Z0 0 0 ate? Olq 5gAB5 A a A occ. > Oim u 00 m 5 T 1�i D m m J 0 y0 v A O ; 5 D m� ;m cqm O a' 5 05 y O m m2 D S� m r Jm mr m3g C_ > JO y Sm j yp 2 D bm zo 3Dry F m O m m 2 g a $ 0m mR'a p s 8 zm m 3 �� y � 5 a Z m 3 0 R �G m C T m J r 5 N N P N O 0000 O O O 0M0 O N 000000 O O 0 O O 0 D J (q m m Vtt 1 U1 (1� S M a m P Y 0 P O O O O O O O O O i O A 0 0 0 0 0 0 a O 0 T J P O D z + + y N v O P 0 0 d P P N N P N N N N N N 0 P P P O N N 0 O N N ; m v A In m $ m 4.}„$„„„��jj• QS y N N 220 y P A N s P A N s K N P O m r 0 ys y + D O 0000 0 0000 0 0 O O N O N 0 0000O 0 0 0 0 00 0 9 0 A ' + N a a0 0 sass s sass s s 8 sys E assess € ss s „ o y a z y D rp MONO a N N N 0 P 0 0 0)0> O O ONO 0 0 P 00 O b y T 0 M M M NNM Ma a N a a fP M N M M O 0$M i NNNm• m m (Y�O a M�NU(1 (OiJ+ J.t, - 0 �M Ow0 N P 4Ol O APPN 0 0 P000) GG P N0 N O O N 001 010 p 0000 0 O O m100 5 OPNOOP T 00 O (0)0)VV1 V N+J1 fp V1N Lb pM N M -( J�MN Ia -1 Y!NM NS! y1 MM YYWq11 O O S O O O O O O O O O O O 0 0 0 0 0 0 O O O O 0 P0000 O O N M000 N 0 0 N O O N 000000 O O 0 O O 4.N_�y��q ya N_��qa y� M N_�y�y� �1 Ny�N y1p y� y� �q ppi m NQ0 O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O 4l (J V1 (J Y ON A N O p P A A N a O O O1 0 0 0 N 0 0 0 P P T O d O 7 m r M 4 W Y Y o WcN01ON0 N+ a Lb (01-"N a +' inna b.>AJNN pO N1NpN(J>r1 O NT qqT Oy 0 d a O 0 N 0 0 P N O O 0 O N ql 0 0 N O 01 O N 00 O S d m x +4 N 1ONI�MNM a 11ON�MM M (p (p 1A O O M O O MHMMMM O NW O pPa O O O O O O O O O O O O 0 0 0 0 0 0 O O P» 54545454 N 4*545454 N N Y' N a Y N N a M N N + M M Ap WOO- a 41 fO> q + + OINN 0 NN !J O + 0 0 05041 O m(n 4 + c_..4 V 0 a N p V + a N N N N N N P+ p V A 0 N m N N A O 0 0O 0 N 0 0 A N 0 0 0 O N 0) 0 0 N G O O O H r o O➢ ➢ 00000 O 0.4M N U, 00000 O N M M M N MV J V1M 4�M N M(�1 V11 (I� N MYM O O 0 0 O O O O O O O Y P A N O O O O O O + 000 O A N N N a N N N N O 00.4.4.4.4 W N N M a a a a Pa M(jcflO(0 00 O 0. 0000 u 0000 O 00000 O 14M N J J 44 a 00 N M w €0 M a N 8 8 8 O M M M N N a 00 O ON0Ni ENiO 0000 00000 9 N 0Y01� N mO>00M1 P P0ON N NNNNW Y Yy1 a a 4,.$ N�H NNNN a P (J 10p 2+ (A V V p.W fmJ V1 A P V €0 O W W N yJ1 a a 0 0 0 N ON NOOON N VNOp➢1 m 1 N W S yN 41 00 00)00 m m O O P 0 S O yP O 00a0,0 N a N y Y + p a N a a + + o fJ A s W doss a 00000 0 soe� N 00G 0 .40000 N 0000 O .40000 N a a "1 Nq a (W_nMMMM a MMMM (M_�MMHM a a 8 O O O O O O O O O O O O O O O O O O + Ul �p (0--!'a- O 001 Y 00WPL1 Y O01�mV1 m 0000 T a 0 1~O O a a A W W W a fVWJ1 T + +1 C0'M- J1 01 M �q� O 0m N 1p➢p pal -4Q0000 0 0 O➢ p1 N VO N O O N N VN O W W 0 O P a N N N NM$�1 M MyMM« M O I pN O WWp S W V V O $(PWNM S O O O p+ O O O O O O O O a VV y y y y Vf«�1141J N �V+V+fu+ N IJNfgJ fOJL 000 >N O P N 0 0® O N N N -40)0(0.4 q0 N N O O • City of Fayetteville, Arkansas • Budget Adjustment Form Budget Year Department: General Government Date Requested Adjustment Number 2005 Division: Aviation & Economic Development Program: Airport Capital Expenditures 3/1/2005 Project or Item' Added/Increased: Project or Item Deleted/Reduced: $122,750 is requested in the AIP Capital Projects None. To recognize $116,6113 in grant revenue from account. DOT/FAA. To recognize $6,137 in grant revenue from AR Dept of Aeronautics Justification of this Increase: The funding is requested to provide for an Airport Master Plan Update. Justification of this Decrease: 100% of the project cost is provided by grants from outside entities. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number Master Plan Update 5550 3960 7820 33 122,750 05029 . 1 Account Name Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Project Number Master Plan Update 5550 0955 6820 State grants on Fed proj 5550 0955 6803 3- (7-oS Date 33 116,613 05029 1 00 6,137 05029 1 Budget Office Use Only Type: A B C (j) Date of Approval Date Posted to General Ledger Date 3 -2 (-aC Posted to Project Accounting Entered in Category Log Date Initial Date Initial Date Initial Date Initial Date • City Council Meetiiof: April 5, 2005 �l y Agenda Item Number: CITY COUNCIL AGENDA MEMO ii/K TO: Mayor and City Council Otjir15/Air THRU: Staff/Contract Review Co ttee FROM Ray M. Boudreaux, Director, Aviation and conomic Development DATE: March 3, 2005 SUBJECT: Approval of Task Order #5 with McClelland Consulting Engineers, Inc. for services to produce an Airport Master Plan including an updated Airport Layout Plan in the amount of $122,742.00 and direct the Airport Staff to apply for and secure FAA AIP grant funding and State of Arkansas Matching SAAG funding to cover the total cost of the project. The Airport Board approved the project at their March 11, 2005 meeting. RECOMMENDATION: Approve and execute by signature of the Mayor, Task Order #5 with McClelland Consulting Engineers, Inc. for services in conjunction with a new Airport Master Plan including an updated Airport Layout Plan. Approve application to the FAA and the State of Arkansas Department of Aeronautics for grant funding to complete the project. BACKGROUND: The current Master Plan was done beginning in 1994 and published in 1999. The Master Plan is one of the essential documents that the FAA uses to grant funds for Airport Improvement Projects (AIP). Typically the FAA likes to see Master Plans no older than five (5) years. Included with this project will be a new and complete Airport Layout Plan (ALP). DISCUSSION: The Master Plan will discuss all aspects of airport development and will document projects for future grant funding. The Airport Board will be actively involved in the planning process and at least two public meetings will brief the public on how the planning is going and ask for input. The Master Plan will layout a specific five year course of action and will identify projects for the out -years up to 20 years. Accurate estimates of anticipated growth will be included in the study so that plans can be made to meet the load. BUDGET IMPACT: The project is totally funded by the FAA and the State of Arkansas. FAA provided 95% which will come from our entitlement funding. The State will cover the 5% matching funds. When approved by the City Council, we will prepare applications for the grants. Funding has been pre -coordinated. Attachments: Staff Review Form Task Order #5, Scope of Work Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director �('-05 RESOLUTION NO. A RESOLUTION TO APPROVE TASK ORDER #5 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $122,742.00 TO PRODUCE AN AIRPORT MASTER PLAN AND TO APPROVE APPLICATIONS FOR GRANT FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT OF $122,750.00 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 #5 to the contract with McClelland Consulting Engineers, Inc. in the amount of $122,742.00 to produce an Airport Master Plan and approves applications for grant funding from the FAA and Arkansas Department Of Aeronautics to pay for this project, and approves a budget adjustment of $122,750.00 as attached. PASSED and APPROVED this 5w day of April, 2005. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: Z --I A O EP d. T w O w N r o CD >0 Ott cn mt o n ,d :U y y o O d .1 y O V N O V O 'T] o y O 7 A ro J' 7 f0 d fD J CD ❑. .O. ,A-. y n C O< O d 'tid C V n CD a m a N o (D O C, o ca fD rn r O O S J C I d N (0 G1 o a 0 O y J O N S+ O o t0 < d n d (0 pX� 0 w 0 N m s o > n 3 o m m 3. J n x J O 0 O O d V w 0 O o V o Co H -- OO d y O p a y n d m N d a. J V C `G CD 3 - d 3 r Co n Cr y o o J J o O y a _ CD o o J• .p 'd om mwm o ,_, a (D O x 6 0 CD m 0 D �? t < � CD y y •� a O '<' ° I X C17 f� C7 cn 3 3 J m H N J 0 o 1 J N C) n d O 1 a '0 zr e to o CD c. C CD m. 3 n ,G C17 a H d —'C d O nNo I m o O CD _: r R y CD O. 3G v(Dv N 6 5' ACa C n O j I o• O) o ut .dJ.. y D ro .. rj w 0 y o N n b wd o O = a b. S d d - C y (D oft ► f0 d d O C �O L J oOa m D pD o 0) -w. O O D 3 c 00 IcD 0 3 w y 0 7 j 0)= - n w m a n (D �o W o O ryp d. O O +f w •o (D 0 C x 3 p 0 S 0 CD •R O m O O a 3 CD y N ND y O O 00 I • MCEMcCIEIIAND CONSUL TING DESIGNED TO SERVE i ENGINEERS, INC. February 24, 2005 Mr. Ray Boudreaux Airport Manager, I Fayetteville Municipal Airport 4500 S. School Suite F Fayetteville, AR 72701 Re: Proposed Task Order No. 5 Master Plan Update Fayetteville Municipal Airport Dear Mr. Boudreaux: P.O. Box 1229 Fayetteville, Arkansas 72702-7229 479-443-2377 FAX 479-443-9241 In response to your request, please find three (3) copies of Task Order No. 5 to include the Master Plan Update. Please advise if you need further information regarding this Task Order. ' Sincerely, Mc,P1LLAND CON LTING ENGINEERS, INC. ayne )5ne$fr.E. . Vice Presi ent Enclosure: Task Order No. 5 (3 copies) J:\DRAKE FIELD\CONTRACTS\2003-2006\boudreaux-0224-TO-05.wpd:ch City of Fayetteville Staff Review Form City Council Agenda Items Contracts 5 -Apr City Council Meeting Date. Ray M. Boudreaux Aviation & Economic Development General Government Submitted By Division Department Action Required: Approve Task Order #5 to Contract #917 McClelland Consulting Engineers, Inc., PO Box 1229, Fayetteville, AR, 72702-1229, Wayne Jones P.E., Vice President, 479-443-2377 office, 479-443-9241 fax, wjones@mcclelland- engrs.com, in the amount of $122,742.00 $122,742.00 Cost of this request 5550.3960.7820.33 Account Number 05029.1 Project Number Budgeted Item tmJft. $ 122,742.00 Category/Project Budget $ Funds Used to Date $ 122,742.00 Remaining Balance Budget Adjustment Attached �X Master Plan Update Program Category / Project Name Airport Capital Improvements Program / Project Category Name General Fund / Airport Fund Name DOT/FAA, Airport Improvement Project (AIP) funding for the project is tentatively approved. Grant application process Is From: Clarice Pearman To: Boudreaux, Ray Subject: Res. 66-05 Attached is a copy of the resolution passed by City Council April 5, 2005. Also attached is a copy of the agreement. Two of three originals will be return to you interoffice mail. The original budget adjustment will be sent to B&R. Thanks. Clarice CC: Deaton, Vicki; Fell, Barbara AUG-05-2005 FRI 10:23 AM • U.S. Department of Transportation Federal Aviation Administration August 2, 2005 FAyMUN, AIRPORT 47971876 P. 01 Federal Aviation Administration Fort Worth, Texas 76193-0630 Southwest Region, Airports Division Arkansas/Oklahoma Airports Development Office The Honorable Dan Coady Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: AUG 042005 %scab U .J.•• - The Federal Aviation Administration (FAA) is enclosing two copies of the Grant Offer for Airport Improvement Program (All') Project No.3-05-0020-033-2005 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 24, 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. 9. 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, I �1 •U.S. Department of Transportation Federal Aviation Administration Original GRANT AGREEMENT PART I — OFFER August 2, 2005 Date of Offer Fayetteville Municipal (Drake Field) Airport/Planning Area 3-05-0020-033-2005 Grant No 134398903 DUNS No TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 7, 2005, for a grant of Federal funds for a project at or associated with Fayetteville Municipal (Drake Field), which Project •Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: • Airport Master Plan Update all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) Page 1 of 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer • as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $116,605.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $116,605.00 for planning 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to • comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 24, 2005, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. 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. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. • FAA Form 5100-37 (10-89) Page 2 of 4 10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, •during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 12. COORDINATION: The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations, other local planning agencies, and with the State Airport System Plan prepared by the State's Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider all Clearinghouse comments and to furnish a copy of the final report to the State's Department of Transportation. •The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Edward (Typed Name) Manager, Arkansas/Oklahoma Airports Development Office (True) • FAA Form 5100-37 (10-89) Page 3 of 4 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 day of , 2005. City of Fayetteville Name of S sor) (SEAL) (Signature of Sponsors Designat fcial Representative) By: (Typed Name of Sponsor's Do ' ated fficial Representative) Title: Attest: (Typed Title of Sponsor's Designated Official Representative) Title: CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is • in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of . 2005. By (Signature of Sponsor's Attorney) • (10-89) Page 4 of 4 I. • • Version 7/03 APPLICATION FOR 2. DATE SUBMITTED Applicantldentfier FEDERAL ASSISTANCE July 2005 FY052130 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE Stale Application Wentifier pplication Preapplication 4, DATE CEIVED BY FEDERAL AGENCY Federal Identifier ConsWction ❑ Construction ❑ Non -Construction ❑ Non -Construction 77/9/0 s 3-05-0020-033-2005 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Department: Airport Department Organizational DUNS: 1343 90903 7/2//as PH 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 Suffix: Director of Aviation Country: United States Email: rboudreaux@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN): Phone number (give area code): FAX number (give area code): 7 1 6 0 1 8 4 6 2 476-718-7642 479-718-7646 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) ® New ❑ Continuation ❑ Revision If Revision, enter appropriate letter(s) in box(es): Other (specify) (See back of form for description of loners) ❑ ❑ 9. NAME OF FEDERAL AGENCY Other (specify) FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: . CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Master Plan Update for 2 0 - 1 0 6 Fayetteville Municipal Airport TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project June 2005 July 2006 Third Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 116,605VU a. Yes. O THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ PROCESS FOR REVIEW ON c. State $ 6,137 DATE: d. Local $ b. No. O PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ LW O OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW I. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 122,742 Dyes Ir'Yes attach an explanation 0 No 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. Authorized Re tive Prefix Mr. First Name Dan - Last Name Coody Suffix b. TWO May r c. Telephone number (give area code) 479-575-8330 Signature Rep s e. Date Signed July 7, 2005 Previous Ed' of Usabl Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 0 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATWN ADMINISTRATION OMB NO. 80-R0184 PART II PROJECT APPROVAL INFORMATION • SECTION A Item 1. Name of Governing Body Does this assistance request require State, local, Primary Rating regional, or other priority rating? Yes X No _ Item 2. Name of Agency or Does this assistance request require State, or local Board advisory, educational or health clearances? Yes X (Attach Documentation) No Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X 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? P 1 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 Item 9. Number of: Will the assistance requested cause the displacement of Individuals. individuals families, businesses, or farms? Families. Yes X No Businesses. 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. 04-R0209 • PART II- SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: 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 landwhich 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 ident 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 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 • 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 part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": • None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identyjtfor 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 ident fed here by the area numbers shown on the • property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 G U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RDI84 C C C_ 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 $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees (Master Plan) $122,742 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 122,742 20. Federal Share requested of Line 19 116,605 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 116,605 23. Grantee share 24. Other shares (Ark Dept "of Aeronautics) 6,137 25. Total Project (Lines 22, 23 & 24) $ $ $ 122,742 FAA Fonn 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 U.S. DEPARTMENT OF TRANSPORTATION - F'RAL AVIATION ADMINISTRATION • nue .,n on_onlow 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) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares $ 6,137 a. State b. Other c. Total Other Shares 29. TOTAL $ 6,137 SECTION E - REMARKS Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 • PART IV PROGRAM NARRATIVE STATEMENT MASTER PLAN UPDATE FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The existing Master Plan is out of date and most of the five and ten year projects have been completed at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of the MASTER PLAN UPDATE is to provide a current plan for future improvements for the five, ten and twenty year planning periods. Fayetteville Municipal Airport has become a full service GA Airport and is experiencing steadily increasing GA traffic the since 1999 and no longer serves Airline Traffic. • • J:\2005\052130 DRAKE MASTER PLAMCORRESWARRATIVE-0630.DOC 7�CEWJ L08T Cl)a H O a `c,LLIX w 3 3 a a O H O U Q _ a H Lu Lu o LU H p N C1 r N z w H F O _ Z H 0 £T Y H 1 w W d a d C H d f N M V] • w oI� Q .,4\ ` N- 'C oz£T z `P4 o, F 0I U __ IS'£0£i �I z z 0 H H a w df=r va c c£ay I -I H W F W a z � O 0 o O F ZI u Q - J .+ a n w V •z Eo z- Cl) to U U) ' o z a¢ Q ww Z N U 4 z • W H W H a �H X 0 a UO a W P q OO aU > a w wz F w LU O u [QL H O z w > W O 3 O 7. N z 0 xz 0 H 14>10 H Q U WE-Iril O g E vHF W O� H O n W a W W W W STANDARD DOT TITLE VI ASSURANCES City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees 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. DATED July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) (Signature f Au orized c3J& ial) Ma or (Title) 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 IRegulations 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 contractors 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. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the 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. • 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 (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. 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. DATED July 7 , 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 • • I CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT1 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. 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. Incomoration 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. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the 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 Transportation, and as said Regulations may be amended. • I 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 Signed Title • Date July 7 .2005 Ll CERTIFICATION REGARDING I• 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 (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; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), 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 • S.. • 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 tfjefe are workplaces on file that are not identified here. • U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION City of Fayetteville (Sponsor) Master Plan Update (work Description) SELECTION OF CONSULTANTS Fayetteville Municipal (Arport) 3-05-0020-033-2005 (Aged 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. •_ I, •IVlnl I I l IA___ n e• T/. �Ie!@IR A IV -TM tAJ41 W W__tf n_\n 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. Pagelo(2 • S • 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. .. �:.,. :. a :. . Dan • I (Date) Pope + c12 I 0 PART V ° • ASSURANCES Airport Sponsors A. General. 1. These assurances shall be corn lies .vith in the performance of grant agreements for airport Development, airport planning, and noise compatibility program grants for almon sponsors. 2 These assurances are required to be submitted as part of me project 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 sponsormeans a private owner cf a public -use airport; and the tern, sponsor includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by me sponsor, these assurances are incorporates in and become Dart 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 remain in vii force and effect throughout the useful life of the facilities developed or equipment acquired rcr 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 croiect, but :n any event not to exceed wenty (220) years from the date ci acceptance of a grant offer of Federal tunas for the project. However, there snail be no limit on me duradcn or me assurances regarding Exclusive Rights and Airport Revenue so iong as the airport Is t;sed as an airport. There shall be no limit on the duration of the 'arms, conditions. and assurances with respect to real property acquired with Yeoecai funds. Furthermore, the duration ci he Civil Rignts assurance shall be specified in the assurances. 2. - Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies :o a private sponsor except that the useful life Cr project items installed within a factity cr ;he useful life of the .`ao!ities developed or equipment acquired under an airport ceveicorrent or noise compatibility program project snail be no ess than [en .. 10) Tears from the date of accectance of Federal aid for the project 3. Airport Planning Undertaken by a Sponsor. Unless otherwise spectied in ;he gran[ agreement pity.=ssurances 1. 2. 3, 5. 5, 13, ;8. 30. • 32. 33. and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement snail remain in full force and effect during the are d the project. C. Sponsor Certification. The sccnsor hereby assures and certifies, with respect to this :rant that General Federal Requirements. :t will comoiy with ail applicable Federal laws. regulations. executive orders. policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for :his projec: incuding but not !imned to [he following: Federal Legislation a. Title 49, 'J.S.C.. subtitle VII, as amended. b. Davis -Bacon Ac: - 40 U.S.C. 276(a), at sea. c. Federal Fair Labor Standards Act - 29 U.S.C. 201. at seq. d. Hatch Act -S 5 U.S.C. 1501, et sea 2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Ac: of 1970 Title 42 U.S.C. 4601. et sea.1 2 I. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974. 16 U.S.C. 469 troucn 469c.1 h. Native Americans Grave ?eoatnation Ac: - 25 U.S.C. Section 3001, at sea. i. Clean Air Am. P.L 30448, as amended. j, Coastal Zone Management Act, P.L 93-205. as amended. k. Fiona Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.. I. Title 49 US C., Section 303, (formerly known as Section 4(f)) m Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Ac: 01 1964 - Title VI - 42 U.S.C. 20004 through d-1. o. Age Discrimination Act of 1975 - 42 U.S.C. 5101. at sec. p. American Indian Religious Freedom Act. P.L. 95-34;, as amended. q Architectural Barriers Act of 1968 2 U.S.C. 4151, et seat r. Power plant and industrial Fuel Use Act of 1978 - Sermon 403- 2 U.S.C. 3373.1 s. Contract Work Hours and Safety Standards Ac, - 40 U.S.C. 327. at sea.' L Copeland Anbkickback Act - 18 U.S.C. 374. u. National Environmental Policy Ac: of :969 - =2 U.S.C. 4321, et sea v. Wild and Scenic Rivers Act. P.L. 90542. as amended. w. Single Audit Act of 1984-31 U.S.C. 7501. et seo.2 X. Drug -Free Werkciace Act of 1988 - 41 U.S.C. 702 thrcugn 706. - • Airport Assurances (3/2005) V-) SExecutive Orders Executive Order 11246 - Equal Employment Ccoortunityt Executive Cider 11990 - Protection of Wetlands Executive Order 11998— Flood Plain Management Executive Cider 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Cider 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 I - Procedures for predetermination of wage rates. I e. 29 CFR Pan 3 - Contractors and suocontractors on public building or public work financed in whole or part by loans or grants from the United States, I f. 29 CFR Pan 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-cons(ruction contracts sublec: to :he Contract':Vca Hours and Safety Standards AG),I g. 41 CFR Part 60 - Office of Federal Contract Ccmpiiance Programs. Ecual 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 ;cvemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Pan 21 - Nondiscrimination in federaily-assisted programs of the Deoartment of Transportation - effectuation of be VI of the Civil Rights Act of 1964. k 49 CFR Part 23 - Participation oy Disadvantage Business Enterprise in Airoort Concessions. 49 CFR Part 24 - Uniform relocation assistance one real swemf accuisi;ion far Fecerai arc federally assisted orcgrams.1 2 m. 49 CFR Part 26 — Partic,oation By Oisadvantagea Business Enterorises in Department of Transoonation Programs. n. 9 CFR Part 27 - Nondiscrimination on the basis of hancicap in Programs and activities receiving or benefiting from Federal 5nancial assistance.) a. 49 CFR Part 29 —Government wide decarment and suspension iron-crocurement) and government wide requirements for amg- • free •woraolace (grants). p: 49 CFR Part 20 - Denial of public worts contracts to suppiiers of ;coos and services of countries ;hat Petty procurement market • access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety cr Federal and feceraiy assisted :r reguiatec new building ccns;notion. ) Office of Management and Budget Circulars a. A -3T - Cost Principles Applicacle to Grants and Contracts with State and Local Governments. b A-133 - Aucits of States. Local Governments, and Non -Front Organizations These laws do not apply to airport planning sponsors. These laws oo not apply to private sponsors. 49 CFR Part 18 and CMB Circular A-87 contain requirements for State and Local Governments receiving Federai assistance. Any requirement levied upon State and Local Governments by :its regulation and circular shall also to applicacle to onvate sponsors receiving Federal assistance under Title 49. United States Code. Specific assurances requires to oe included in grant agreements by any of the aoove laws: regulations or circulars are incorporates ty reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: !t has legal authority to apply for the grant. and to finance and carry cut the proposed project that a resciuden. motion or similar action has been duly adopted or sassed as an orficlal act of the applicants governing body authorizing' he filing of !he application.:ncluoing all understandincs and assurances containea 'herein, and directing and authorizing the person idennhee as the official representative of the applicant :s actin :or.necdon with the apolicanon and to provide such additional information as may be required. b. Private Sponsor: It has regal authority to apply for the grant and tc finance and carry out me proposed project and ccmoly with all terms. conditions. and assurances of this grant agreement. :t shall des cnate an official representative and shall in venting direct and aumorize !hat Person to rile tins application. including ail unaerstanairas and assurances contained therein; to act in connection with this acpiicaeon: and to provide sucn additional information as may be required. 3. Sponsor Fund Availability, It has suheent funds available fcrthar omen of the protect costs that are not to be Paid 5y the United States. It as sufficient tunas available to assure operation and maintenance of ;tens undec under the grant agreement which it will own or control. 4. Good Title. • a. It. a public ager.cv or :he Federal government holds good tide, satisfacc.w to ne Secretary, to me landing area of the airport or site thereof. or will give assurance satisfactory ;o me Secretary :hat good rive will ce acquired. b. For noise osnoatibifity program projects to cc carried out an .e eraser? of [ne sponsor. it holds coca title satisfactory to the Secretary to that portion cf the property upon which Federal "rungs will be excenced or will give assurance :o the Secretary that good title will be obtained. Airport Assurances (312005) V-2 5. Preserving Rights and Powers. - t • a. It will not take or permit any action wnjcn would operate to deprive it of any of ;he rights and powers necessary to perform any or all of the :erms. 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 ignts or claims of right of others wnicn would interfere with such performance by the sponsor. This shall be acne in a manner acceotaole to the Secretary. b. It will not sell. ease, 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. 'or a noise compatibility program project, that portion of the property upon wnicn FFeaeral funds have been expended, for the duration of the terms. conaitions. and assurances in the grant agreement without approval cy the Secretary. if the transferee is found by the Secretary .o be eligible under Title 49, United States Code. to assume the obligations of the grant agreement and to nave the power. authority. and 5nanciai resources to wmy out all such obligations. the soorsor shall insert in the contract or document transferring or disposing of the sponsors interest, and make binding upon the transferee all of the terms, ancitions, and assurances contained in this grant agreement. c. For all noise compatibility program projects that are to be carried out py another unit of !owl government or are on property owned by a .unit cf local government other :han the sponsor..t wiil enter into an agreement with that government. Except as Otherwise specified by the Secretary, that agreement snail coiigate that government :o the same terms. conditions, and assurances that would be applicable to it :f d applied directly to the FAA for a grant to undertake the noise compatibility program project. That acreement and Changes thereto must be satisfactory to the Secretary. t will take steps to enforce this agreement acainst me local government 'f :here is substantial non-compliance with the :erms of He agreement. d. For noise compatibility program projects to be gamed cut on onvateiy owned property, it will enter into an acreement •.vin the owner of that crooerry which incudes provisions soecinec by he Secretary. t will take steps to enforce this agreement against :re proper, owner whenever there :s substantial non,xmpliarce with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary :o ensure ;nat'f•e airport :viii continue to tfunchen as a public -use airport in accordance with hesa assurances for the duration of these assurances. f, If an arrangement is made for management and Operation of the airport by any agency Cr Berson met than the sponsor or an emcicyee of the. sponsor, the soonscrwill reserve sufficient rights anc autheriry :a insure that he airportwiiice cceratec and maintained in accordance Tipe 39. United States Code, he regulations and the'terms, cprcibons and assurances in one ;:ant agreement and snail insure mat such arrangement also requires compliance Herewith. 6. Consistency with Local Plans. The orgjectis reascnacly consistent with clans (existing at the rime of suomissicn of his aceiicatjon; of public agencies that are authorized by the state in wnicn me deject is iodated to plan far the ceve�comen: of the area surrounding :rte airport. 7. Consideration of Local Interest. it has given fair consideration :a the :nrerest of communities in or near where the projec: may be located. • 8. Consultation with Users. in making a decision :o undertake any aircort devetooment oroiect ender _::e 49. United States :,ode. it has undertaken reasonable consultations with affected parties using the ajmcrt at which project 15 prccosed. 9. Public Hearings. In projects involving the Iodation of an airport, an airport runway. Cr a major runway extension, (has adorned the opportuniry for public hearings for the purpose of considering me economic, social. and environmental effects of the aircort or runway location and its consistency with goals and oojec:Ives of such c;ar.nine as has been earned cut by the community and it snail. ,vnen requested by the Secretary, submit a copy or ;he transcript or such hea"r,cs to the secretary Further. or such projects :t has on its management board either voting representation .from the communities where the protect is located or has advised :rte communities that they have the rignt 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 itwill provide for :he Governor of the state in which the project is located to certify in writing to he Secretary that the project 'viii be located. designed. constructed, and operated so as to comply with applicable air and water duality standards. In any case wnere such standards have not been approved and where applicable air and water quality standards nave been promulgated by the Acministrator ocheEnvironmental Protection Agency, certification shall be obtained from such Acm•.nistrator. Notice of certification or refusal to certify shall be provided within . sixty days after the project application has teen received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995. for he replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective aimart pavement maintenance -management program and :t assures that it will use sucn program for the useful life of any pavement construced. reconslructed or recaired with Federal Snancial assistance at the airport. It' will provide such reports on pavement conc,tion and pavement management orograms as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which induce terminal deveicoment at a cualic rise airport, as defined in Title 49, it has, on the date of submittal of the projec grant appiication. all the safety equipmen: required fir cemnwticn of such airport cider section 44706 of T:de 49, United States Code, and ail the security eouioment recuired by m:e or regulation. and : :as prowced for access to the passenger enplaning and decianing 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 shad keep all project accounts and records wnjcn fully disclose :he amount and disposition ov the recipient cf he crcceeas of the grant. he total cost of the Project if.. connection -.vith wnicn the grant is given or used, and the amount or nature of that portion at the cost cr the project supplied by other sources, and such other .financial records pertinent to :he pm!ect The accounts and records snail be kegt in accordance with an accounting system that will facljtate an effective audit in accordance with the 5ino!e Audit Act of 1984. b. It snail make available to the Secretary anc the Comptroller General of the united States. Cr any of :heir duly authorized • representatives. for the purpose of audit and examination, any books. documents, papers, aria records of the recipient that are pertinent to the grant. The Secretary may r ecutre that an aopropnate audit ce conduced 5y a rec cient. in any case in which an indecendent audit is made of the accounts of a sponsor relating :o :he disposition of the proceeds of a grant or relating :a ms project in connection with which the grant was given Cr use& it snail file a certified copy or such audit with the Comptroller General of the United States not later than six ;6) months following me close of :he fiscal year for wnicn the audit was mace. Airport Assurances (3/2005) V -"s • 14. Minimum Wage Rates. it snail inc:ude, in all contracts :n excess of 52.000 for work on any projects funded under the grant agreement which involve iaodr. provisions establishing minimum rates of wages. to be predetermined by the Secretary of Labor, in accordance with the Davis-aation Act, as amended (40 U.S.C. Z76a-276a-5), which contractors shall pay to skilled and unskilled labor. and such minimum rates snail be stated in the invitation for bids and shall be induced in proposals or bids for the work. 15. Veteran's Preference, a snail ine!ude In all contnncts forwork 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 dehnea in Section 47112 of Title 49. United States Code. However, this preference snail apply only 'Where the individuals are available and qualified to oerform 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 snap be submitted to the Secretary prior to commencement of site preoaraoon. construction. or other performance under this Grant agreement, and.::pon approval of ;he Secretary, snail be incorporated into this grant agreement. Any modification to me aoprovee 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 ;o assure that the work conforms to me plans. specifications. and schedules approved by the Secretary for me project. It shall subject the construction work on any project contained in an aoprovea project application :0 inspection and approval by the Secretary and such work shail be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures snail require such cost and progress reporting by the sponsor or sponsors of such project as `s Secretary shall teem necessary. 18. Planning Projects. In carrying out planning projects: a. It' will execute the protect in accordance with the approved prcgram narrative contained in me project acniication or with :he modifications similarly approved. b. It ill furnish the Secretary with such periodic reports as required pertaining to the planning project and.oianning work activities. c. It will include in all published material prepared in connection with ire planning protect a nonce flat the material was prepared :ncer a grant provided by the United States. d. it will make such material available for examination by the public. and agrees that no matenai prepared with funds under this prefect shall ce subject to copyright in the United States or any other country. e. :t will give the Secretary unrestricted authority to publish, aisciose, cistribute. and ctter use use any of me material prepared in • connection wan this grant, f. It will grant she Secretary the right to disapprove the sponsors emoloyment of soec:frc consultants and :heir subcontractors to co all or any part of this project as .veil as the ngnt :o disapprove the proposed scope and cos; of professional services. g. It will grant she Secretary the fight to disapprove the use of the spensces employees :a do all or any part of the project. h. It understands and agrees that the Secretary a approval of this prjec grant or the Secretary's approval of any planning material developed as part cf this grant does not ccnst title or imply any assurance or commitment on the part of me Secretary :a approve any pending cr future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serre me aeronautical users of the airport, other than facilities owned or :controlled by the Unites States, snail be operated at ail times in a safe and serviceable condition and in accordance .With the minimum sanoards as may ce reouired or prescribed by applicable Federal. state aria .ocai agencies for. maintenance and operation. It will hot cause or permit any activity Cr action thereon which would interfere with its use for airport purposes. !twill suitably operate and maintain the airport ants all facilities gtereon or connected therewith.vim due regard to climatic and ':cod conditions. Any proposal to temporanty dose me 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 airports aeronautical facilities whenever required: (2) Promptly marking and lighting hazards resulting from airport concinons. including temporary conditions: and (3) Promptly notifying airmen of any condition affecting aercnauacai use of the airport. Nothing contained herein shall be construed to require :hat :he airport, ba oceratec for aeronautical use curing temporary periods when show, mots Cr other climatic conditions interfere with suc.. operation aria maintenance. Further. nothing .herein shall tie construed as inquiring the maintenance, repau, restoration, or replacement of any structure or faeairy which is substantially damaged or destroyed due to an ac: of Goa or other condition or circumstance beyond :re control of the sponsor. b. It will suitably operate and maintain noise compancility program ^ems :..^,at it owns or controls ucon which Fecerai funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is recuuea to protect instrument and visual operations to the airport (including established minimum night aititudes) will be adecuatefy c:eared ana protected by removing. lowering, relocating. inarking, 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.:a he extent reasonacle. including :he adooncn of zoning laws, ;o restrict the use of land adjacent :o or in the immediate vicinity of the airport to activities arc purposes compatible with normal airport operations, including landing and takeoff ci aircraft. In addition, if the project is for noise compatihiiiry program molementanon, it will not cause or permit any change in land use, .vithin its jurisdiction, that will reduce its czmpatibdity, with respect to me airport. of the noise compatibility program measures upon wnich Federal funds have been expended. Airport Assurances (3/2005) V -a 22. Economic Nondiscrimination. a. It caul 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 actviaes. including commercial aeronautical activities offering services to the public at the airport. b. In any agreement. contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct Cr to engage in any aeronautical activity for furnishing services to the public at the airport, he sponsor will insert and enforce provisions requiring the contractor te- (1) furnish said services on a reasonable, and net unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices (or 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 voiume purchasers. c. Each fixed -based operator at the airoort 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 Cr similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport snail have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport e. Each air carrier using such airport (wnether as a tenant, nontenant, or subtenant cf another air carrier tenant) shall be subject to such nondlscnminatory and substantially ccmparaoie rules. regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantaily related to providing air transportation as are applicable to all such air careers which make s:mllar use of such airport and utilize similar faciiites. subject to reasonacie classifications such as tenants or nontenants and signatory tamers and nonsignatory carriers. Classlneation or status as tenant or signatory snail not oe unreasonacly withheld oy any airocrt provieec an air carrier assumes obligations substantially similar to those already imposed on air careers :n such dassincat,on or status. f. It will not exercise or grant any tight or privilege which operates to prevent any Gerson. tirm. or corcoraton operating aircraft on the airport from performing any services en its own aircraft .vith its awn employees including, but .iotlimlted to maintenance, repair, and fuelingj that it may choose to perform. g. In the event the sponsor itself exercises any of !tie rights and crivileges referred ton this assurance, the services involved will be provided on the same conditions as would apply :o the furnishing of sucn services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The soonsor may estabiish such reasonacle. and not unjustly discriminatory, conditions to ce met by all users of the airport as may ce necessary for the safe and efficient operation of the airport t. The sponsor may prohibit or limit any given type. 'and or class of aeronautical use of the airocrt :f such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the cutlic. 23. Exclusive Rights, it will permit no exclusive right for the use of the airport by any person providing, or :l;ending to provide, aeronautical services to the public. For purposes of this paragraph. he providing of :he services at an airport a s;ngie fixed -based operator snail not be construed as an exclusive right if both cf he following apply: a. It would be unreasonably costly. burdensome. or impractical for more than one axed -based zoerator :o provide such services, and b. If allowing more than one fixed -based oceratcr to crovide such services would require the reduction of space !eased pursuant to an existing agreement between such single fixed -cased operator and such artpor. It further agrees that it will not, either directly or indirectly, grant or permit any person, firth. or corporation. the exclusive right at the airport to conduct any aeronautical activities. inducing, but not limited to charter hignts. pilot training, aircraft rental and sightseeing, aerial photography: crop dusting, aerial aavemsing and surveying, air carer ocerations. 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 flow existing at sucn an airport before the grant of any assistance under Title 49, United States Coae. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services a[ the airport which '.viii make the airport as self-sustaining as possible under the circumstances existing at :he particular airport. taking aro account such factors as the volume of baific and economy of collection. No part of :he Federal share of an airport development, airport planning Cr noise compatibility project for which a grant is made. under Title 49, United States Code. he Airport and Airway improvement Act of ' 982. he Federal Airport Act or :ne Airport and Airway Development Act of 1970 shall be included in the rate basis in es[actisnmg fees, rates, and charges for users cf that airport. 25. Airport Revenues. All revenues generated by the airport and any local taxes on aviation fuel estacusned after-Cecemcer 20. t287, Ali be expended by it for the capital or operating costs of the airport the focal airport system; or other:ocal facilities wnich are owned or operated by the owner or operator of the airport and which are directly and substantially reiateo to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided. however. hart covenants or assurances in debt obligations issued before September 3. 1982. by the owner or operator of he airport, or zrcvisions enacted before September 3, 1582. in governing statutes controlling [he owner Cr operators financing, provide for the use of the revenues from any of the airport owner or operators facilities, including the airport, to support not only trie airport out also one airocr owner Cr operators general dent obligations or other facilities, then this limitation on tie use of ad revenues generated by the airport (and, in the case of a puoiic airport. local !axes on aviation ffuel) shall not apply . C I L b. As part of the annual audit required under the Single Audit Act of 1984. the sponsor will direct that :he audit will review, and the • resulting audit report will provide an opinion concerning, the use of auport revenue and taxes :n 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, nctuaing any regulation promulgated by the Secretary or,. aministrator. Airport Assurances (3/2005) V-5 • c. Any ciwi cenalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Idle 19, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such, annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public: make available to me public at reasonable times and places a report of the airport budget in a format prescriced by the Secretary; b, for airport development projects. make the airport and all airoort records and documents affecting the airocn. Ine!ueing deeds. ;eases. operation and use agreements. regulations and other Instruments, available for inspection by any duly authorized agent of me Secretary upon reasonable request: C. for noise compatibility program crojects. 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 request and d. in a format and time prescribed by the Secretary. provide to the Secretary and make available :o me public foilowmo 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) ail 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 -•viii make available all of :be facaities of the airport developed with Fecerai financial assistance and ail those usable for landing and takeoff of aircraft to the United States for use by Government aircraft In common with other aircraft at ail rimes without charge. except. (the use by Government aircraft is substantial.:Jarge may be mace far 3 reasonaole snare. proportional :o such use, for the cost of operating and mairaining he !ac:lities used. Uniess otherwise determined oy the Secretary, Sr otherwise agreed :0 by the sponsor and me using agency. substantial use of an atmort by Government aircraft 'viii be considered to exist'wnen operations of sucri aircraft are in excess of :hose which, in :he opinion of the Secretary.'.vculd unduly interfere with use of the landing areas by other authorizes aircraft. or during any calendar month that - a. Five t,5) or more Government aircraft are reguiany based at the aircrrt Cr cn ;and adjacent hereto: or b. The :otai number of movements (:aunrng each sanding as a movement) of Government aircraft is 200 or more, Cr the gross an.umulative wetgnt of Government aircraft using he airport ;the total movement of Government aircraft muttipiiec by gross •weignts of suan aircraft) is in excess of five million bounds. 28.. Land for Federal Facilities. It will furnisn without cost to ;he Federal Government for use in connection with any air traffic control or air naviganon activities, or •weather-reporcng and communication activities reiatec to air traffic control, any areas of lane or water. Or estate therein. or ngnts in Outldinds of the sponsor as the Secretary considers necessary or desirable for construction. operation, and maintenance at Federal excense of space of facilities for sucn purposes. Such areas or any perdcn thereof will be made avatiable as provided herein within four mortis after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keen up to date at all times an airport layout plan of the airport showing (t) boundaries of the airport and all proposed additions thereto. together with the boundaries of ail offsite areas owned or controlled cry the sponsor for airport purposes and procosed additions therero; (2) the location and nature of ail existing and procosed airport facilities and structures (such as runways, taxiways. aprons, terminal buildings, hangars and roads), including ail procosed extensions and reductions of exsting airoort facilities: and :3) the location of ail existing and proposed nonaviation areas and of ail existing Improvements thereon. Such airport layout plans and eaan amendment. revision, or mociftcation :hereof, snarl be subject :o the approval of the Secretary which approval shall be evidenced by the signature eta duly authorized representative of the Secretary on the face of :he airport!ayout plan: The sponsor will not make or permit any changes or alterations in me airoort or any of its facilities that are not in conformity with the airport layout plan as approved by me Secretary and which might, in the opinion of the Secretary. adversely affect the safety, utility or etfic:ency of the airoort. b. If a change or alteration in the airport or the facilities :s made which he Secretary determines adversely affects :he safety, utility, or elficiencv of any federally owned. !easec. or funded orooerry on or off the airport and which is net in conformity with the airport layout plan as aecroved by me Secretary, the owner or operator will, if requested. -my the Secretary (t) eliminate such adverse effect in a manner approved by the Secretary: or i2) bear all costs of relocating such crcoerty or reoacement thereof) to a site acceptable to the Secretary and all costs of restoring such property ;or replacarrent :nereotf) to ;he :ever of safety. _uliry. efficiency, and cost of operator existing before the unapproved change in the airport or its .facilities. 30. Civil Rights. twill comply •wrth such rules as are promulgated to assure :hat no cerson snarl, on the grounds of race. creed, color, national origin, sex, age. or handicap ce excluded from participating In any anviry conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for :he period curing which Federal financai assistance is extended to :he program, except where Federal F.nanc;al assistance is to provide. or :s in the form of personal crcperty or real prccerty or interest therein or structures or improvements hereon in which case the assurance obligates the soonscr or any transferee for the longer of the following periods: (a) the period during wmcn the property is used for a purpose for vnich Federal financial assistance is extended. or for another puroose involving the provision of similar services or benefits, or (b) the period during winch he sponsor retains ownership or possession of the property. • 31, Disposal of Land. a. For rand purciaseo under a grant for anodrt noise :ampatibiiity purposes, :t will dispose of the and when the and is no longer needed for such purposes at fair marxer value at :.he earliest — prac:caoie time. That portion or the proceeds of such disposition which s proportionate CO me United States' share of acquisition of such and •.vtil, at the discretion of the Secretary, (1) Be paid to the Secretary for deposit in the Trust Fund. or (2) be remveste.d in an aooroved noise comoatibdity project, as press bed by the Airport Assurances 312005) V-6 CURRENT FAA ADVISORY CIRCULARS FOR AIPIPFC PROJECTS Updated on: 7/1/05 • CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS NLJ�eaEJ ltttt_E 7011460.land Chance 1 ICdswcuon Mamma and Lighting - i5G15000-I3 Announcement of Avaiwonity—R T CA Inc.. Document RICA -221. Guidance and Recornmenaed Requirements far Airport Surface \Awsmsnl Gs..cnrt 150/51 CO-ISA IC:vl Rights Requirements Fur The A,recn!marovement Program 150/5070-'3A iroort Master Plans 15015 90.5 and Chance I Fxc:usive Rignts and Minimum Standards for Commercial Aeronautical Avivines 150,5200 -Zee Nauces :a Armen'NCTAMSI :cr Aimort Coera;crs 1 5 015 2O -5B Painting, Marxinq and Lignung 3( Venic:es Used on an Almort 700,5210-7C Aircraft Foe and Rescue Cammunicaucns 15015210-13B P/arer Rescue Pars. Faci!hies. and Equwment 150/ST O -14A Airmn Fre and. Rescue Personnel P'c:ecdve C cthuiq 15015210-15 IAirogrt Rescue d Firengnung S;aucn Builaing Cesign 15015213-13 (Systems for Interactive Trainirc of Avoart Personnel 150/5210-19 I iDnvers innancea Vision Svstem , DEVS) 150/522043 ;Water Suooly Systems (or Aircaft Fire and Rescue Protection 150/5220 -IOC (Guide Soecificanon for':NatenFcam fires Aircraft Rescue and F+reBcnting Venicies (150/5220.138 IRunwav Surface Ccnoiuon Sensor Soeclficaoon Gume 150/5220-16C Autematee Weather C^_senmc Svs:ems for Nonfederal Aoci¢atioCs 150/5220-t 7A and Chance 1 Demon Standards fcr Aucrart Rescue Firenghenq Training Fecnines 15015220.18 IBuiicincs ter Stdraee and Maintenance of Almon Snow and ice Candol E.uicmert are Matenais 15015220-18 Guide Soeeficarion (r Small. Dual-Acenr Aircraft Rescue and Frenon,na Ven:ces 150!5220-20 and Change : IAiracn Snow and Ice Con(roi E^.women: 150/5220--18 IGuiCe Seec:Ficanon'cr'L.2s'Jsed :C Board Airline Passencers W::n SI0CiLC,'mca,men(s 150/5220-22 and Chance' - Encineerea Ma(enais Acestina Systerns.ENIA61 air Airerad Overruns 15015200-13 anti Chan es 1 thrown d IAirodrt Design 15015300.14 and Chan es I and 2 I Design or Airaart Deionc Fac:aids 150/5320-53 Aimcrt Drainace 15015320.60 and Chances 1 !hrou n 3 Aimcrt Pavement Cesicn and Evaivaucn 150153-.0-12C and Changes 1 thmugn S !Measurement. Construction. and Maintenance or Skic'Resistanl -,man Pavement Suracas 150'5)20-14 Aimcrt Lanascamna for Noise Cannot Purposes 150/5320-15 and Chance Manacement of Aimort indusmai':Vaste 150/5320 -IT IAinieid Pavement Surface Evaivanen and Ronne PASER) Maruais 1 5015 32 5-+A and Chazwe 1 (Runway Length Reouvemanm far dirxr. Ces'gn 150/5335-5 and Change I IStanaamized Metnoa of Reoornnq Pavement Strergm PCN 15015340-IJ Standards for Aimort Marxincs 150/5_340-52 3rc Chance 1 Seomented Cite Aimcrt Marker Svsrem 150/5340-18D 1505340-19 Sancaras for Airport Sign Systems (Taxiway Cen;enine Lign^rag Svsrom 1501s34y3E :Soecaicauon for L32' Pareis'cr Remote Canvol ci Almort Ligmmc 1 50/5X45-iA 'Circuit Selector Switch 15015345-7c SPecifkabcn for L324 iUnaerrcunc E.ec-icai Cache :r. Almon L.;n;:nq C.mu::s 150152_45-TCEE Seeoficanon for Constant Current Reau;ators Reac:atcr `Aom:ors 15015345-12C ISoaoncadcn icrAircon and' el'cort Beacon 15015345-t 3A ISoecihcagen Far L341 Auxiliary Relay Caomet Assenipv _r P'Icr Control of .iroor, Jac^nc Circuits t 50)5745.260 ISoec:nranon for Lit' Plug and =eceo;ade. ']sole Gnnec:ars (14,015345.2CC _ _ Sgearication for •Nina Cone Assemcnes • • Airport Assurances (3/2005) V-3 • Secretary, including the purchase of nonresidential utidings or property in the vicinity of residential buildings or property previously purchased oy the airport as part of a noise compaubility program. 5. For land purchased under a grant for airport deveicoment purposes (other than noise ccmpaubilir/1, it will. when :he land is no anger needed for airport purposes. aispcse of such !and at fair market value of make availacie to the Secretary an amount equal to the United States proportionate share cf the fair market value of the land. That poruon of the proceeds of sums cisposition wnicn is proportionate to the United States' snare of the cast of acquisition of such land will. (at Upon application to the Secretary, be reinvested in another eligible aupon improvement oroiect or projects approved by the Secretary at that airman or within ;he national airport system, or (b) be paid to the Secretary far deposit in the Trust Fund if no eligible project exists. C. Land shall be considerea 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 butter :and, and (b) ire revenue from interim uses cf such !and contnoutes to the financial sell -sufficiency of the airport. Further. and purchased with 3 grant received' my an airport operator Sr 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 at the uses of such Tana. did not ocject to such use, and the lard continues to be used for that purpose, such use raving commencea no later than December 15. 1989. d. Disposition of such land under (a), (b). or Ict will be subject to the retention or reservation of any interest Cr right therein necessary to ensure mat such land will only be used for purposes which are compatible with noise levels and safer/ associated with operation of the airport 32. Engineering and Design Services. It will award each contract. or subcontract for program management. construcucn management. planning studies, feasibility studies, architectural services, preiimmary engineering. design. engineering, surveying. ,macpiro or reiatec services'.wm respect to the project in the same manner as a contract for archtecturai and engineering services is negouatec •:naer Tics IX of the Federal Precem/ and Administrative Services Ac: of !949 or an equivalent qualifications based reouirement prescricea Crfor by:^e sponsor pr :tie airport. 33. Foreign Market Restrictions. It will not allow funds orovidea under this grant to be used to fund any orojec: which uses any product or service cf a foreign ccunuy during the period in wnicr sucn foreign country !s !istea cy he United States Trade Reoresentatr a as cenving fair and ecuitable market opportunities for products and supotiers of the United States in procurement arc consacc::on. 34. Policies. Standards, and Specifications. It will carry cut the proiect in accordance with policies, standards. anc specifications approved by the Secretary inducing out not limited :a the aevisory orcutars listed :n the Current FAA Advisory Cimuiars for A!P oroiec:s, dated "1_05 and incuded in this grant. and in accordance with accticaele state polices. standards, and spec:fications approvea my the Secretary. 35. Relocation and Real Property Acquisition. (1) :twill be guided in acquiring real property, to the greatest extent cracticaoie under State • taw. nv ae and acquisition policies in Suopart ea cf 49 CFR Part 24 and will may or reimourse orocerty owners for necessary expenses as spec::ea in Subpart 5.:2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reascracle relocation payments and assistance to cisolaced persons as requirea in Suopart 0 and E of 49 CFR Part 24.:31 it mil make availacle within a reasonable period of time prior to isolacement pomparacle replacement dwellings tin displaced Persons in acpordance with Suopart 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 ether modes of transportation to nave access to the airport; however. it has no obligation to tuna special facilities for :nteraty buses or for other modes of 7ansocnaticn. • 37. Disadvantaged Business Enterprises. The recipient shall riot discriminate on the oasis of race, color, national origin or sex ;n :he award and oerisrmance of any DOT -assisted contract or in he aamnisuauen pf is OBE prcgram or the requirements :1 49 CFR Part 25. The Reepient snail take all necessary ana reasonable steps under 49 CFR Part 25 :o ensure non discrimination in the award and administration of D0T.assisted contracts. The recipients USE program. as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference:n this agreement. Implementation of :his prcgram s a regal coiicaticn ano failure to carry cut its terms snail be created as a vioiaaon of his agreement. Upon notification to the recipient of its failure to Cam/ out its approved program, :he Cepartment may impose sanctcns as provldea for under Part 25 and may. to appropriate cases, refer the matter for enforcement under 18 U.S.C. :001 and/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 :he airport for the aircraft at the aircraft owner's expense. the airport owner or operator .viil grant to the aircraft owner for the hangar a long term lease that is subject :o such terms and conditions on :he hangar as the airport owner or operator may impose 39. Competitive Access. a. :f:he airman owner or operator of a medium Cr large nut alroort ;as denrec in section 47102 of tide 4S. U.S.C.) has peen unable :o accommodate one or more requests by an air parr.er .`cr access to gates or other facilities at mat airport :n crcer :o allow the air •corner to provide service to the airport or to expand service at :he airport. he airport owner or operator snail transmit a report :o .he Secretary that 1. Describes the requests 2. Provides an explanation as to why the requests could act be accommodated; and 3. Provides a time frame within which. If any, the airport will be ace to accommocate the requests. b. -such report shall be due on either Feoruarr, 1 or August 1 of each year :f :he airport has been unable to accommodate tie •ecuesust in the six month period prior to the appiicao:e due sate. Airport Assurances (3/2005) i/_7 ED CURRENT FAA ADVISORY CIRCULARS FOR AIPJPFC PROJECTS Updated on: 711;05 150/5345-28F Precision ADoroacn P3m:naicator hP4Pf Systems 1 50(5345-295 and Ctan e 1 !FAA Soec:;icanon L853. Runway arm 7axiwav Cecetnne Reno rerlecuve Markers 15015345- 2D Soeclncauon for Aimort Lcnt Bases. Cansiormer Housings. Junclion Boxes and A¢essones 150,5345-4E Sceaficanon or Cbstmcccn Lian6na Ecuroment 150/5345-+4G �Soecificaoon or Taxiway and Runway Sans 1 5015 34 5-+]A Liahtweiant Amroacn L:cct Sbucmre 15615345-468 ISDeaticanon for Runway ana Taxlwav cgnt Fixtures 15015345-4 7A Isolation Transformers for Almon Liontina Systems 150;5534549A Soearrcanan L354. Radio Control Eaumment 150/5345-50 and Change 1 ISoeaficanon for Portable Renwav Lcnrs 150,5345-51 and Change ? Soec iicadon for Discnarce-Tvoe;!asrer Eauioment 15015345-52 1Ganeric Visual Gi,destooe ,ndiramm ;G'VG) 150/5345-338 IAnccrt L:chtinq Emuomect Cert;fieaucr, =n:aram 150/5345-54A and Change 1 lSbecaicauon tar :1384 Power and C r o, Unit or and ana --ofd Short 150/5345-55 ILanteo'lsuai Aid to inaicare Temeorary 7unwav C:csure 15015360- !Planning ana Design ct A•roort Tern!ir.ai Facfines at •Voni+uo _3canons jl!01536C-;1 Enargy Conservation r_r Aprocrt Sundirgs 15015350-3 Iverticort Design 150/5795-' Seamane eases j150;5200 -3C Aimort Winter Saieri and Ccerations t 5015 20 04 3 Hazardous Wiidlife Amacan:s On or .`:ear Airports :5015300-15 Use of Value Engineering for Engineerrc Design of Aimor Gran; Frcjecs 1501537•? -t 1 ;Use of rtondesnucine iestin^ Oevicas , to Evaivauon of Airocr. Pavements 11 5015 3 7 0-12 (Quality Control of Constmccon for Aimort Grant P•cneas !:5015370-d iConstruction Regress an c :nsoecicn Reoor.-nimoi Grant P-egram THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY I150/5iG0.I4C qrc.^.itec:ural. Engineering. and P!anrvn..:ensu:!am Services -art Aimort Gran: ?miecs 15G/5:C0-1 SA C::'i Rignis Reauiremen,s Fcr The A,ror,;morovement Program 150/5:.0-1: and Changes I through' (Land Acau-siuon Ono Ra;ccanan Asz¢tarcs for Aucor Lmorcvemenl Program ,ssls;ea Prolecrs 1 0151 50-5 and Change I uc:usive Rigors ana Mimmcm Stanmms im rpmmer.:al Aerenauucal ArviC.es 150/5200.3CA ano Changes 1 ;through 3 IAircon Winter Saierl anc'Cceranons 15C/520C-32_A Hazardous •Nildtde At-vac:ants on or New 4iroors 150/5300-15 Use of Value Engineering for Engineenrg Design of Airxrts Giant Protects :5015320-h7 �rlanela Pavement Surace Evamaoen arc daring p 4SER) Marcais 150/5360-! : Energy Cccservation fcr ?irzor 3uilcnc3 1150/5373-6a ICanstnlcaon Progress ana tnscecion Recon irocr Grant Pogram 15015370-aA IUsa on iVgnaesmacgve Testing Devices c me Evamaticn of ,;aeon Pavements i 15015370- 2 ICuaiity Control of Canstmccon for A,mcrt Grant Pro!ecs 150/537C -I3 IC ff-teak Cansrnic: on of Mrrort Pavemens Using not Mix Asna't CI • • Airport Assurances (3/2005) 1/- • I. • CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 2 [♦.m [ >r) ♦ e.. "5 [ Nl>meER' n .: >E) )' QF �„ 15015380-7 Pavement Management System 150/5380-8 Handbook tar Idend ation of A@ali-Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY 15015000-12 Mnouncesnent of Availaaeity—Passenger Fatility Charge (PFC) Appliabon (FAA Form 5500-1) • I Airport Assurances (3/2005) V-10 FAYETTEVILL THE CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, MAYOR MEMORANDUM TO: Mayor Coody THRU: City Clerk FROM: Ray M. Boudreaux, Director, Aviati Development DATE: July 5, 2005 SUBJECT: Signature on grant application to Plan DISCUSSION: 6I 4N! r/t drawl/ rg5r6R Plat and Economic AA for the Airport Master Attached please find the grant application to the FAA for funding of the Airport Master Plan. Also attached is the resolution of the City Council that approved this grant application. Please process for 'signature by the Mayor so that the application can be mailed to the FAA for funding!' RECOMMENDATION: This is a standard original FAA form prepared by McClelland Consulting Engineers in consultation with Dan Harris, our FAA project manager. Please process for signature and return to the airport for mailing to the FAA. The FAA is expecting the application IJC,Yu" W"� if w Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director it Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 3. DATESUBMmED July 2005 Appllcanl IdentifiC FY052130 1. TYPE OF SUBMISSION: Application ® Construction ❑ Non -Construction Preapplication ❑ Construction O Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 3-05-0020.033-2005 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Unit: Department: Airport Department Organizational DUNS: 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 Last Name: Boudreaux State: Arkansas Zip Code: 72701 Suffix: Director of Aviation Country: United States Email: rboudreaux@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN): 7 1 6 0 1 8 4 6 2 Phone number (give area code): 476-718-7642 FAX number (give area code): 479-718-7646 B. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision If Revision, enter a ppropriate letter(s) in box(es): (See back of form for description of letters) ❑ Other(specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 2 0 1 0 6 TITLE: 7. TYPE OF APPLICANT: (See back of form for Application Types) ICI Other (specify) 9. NAME OF FEDERAL AGENCY FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Master Plan Update for Fayetteville Municipal Airport 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date June 2005 Ending Date July 2006 a. Applicant b. Project Third Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. O THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. O PROGRAM IS NOT COVERED BY E. O. 12372 O OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 116,605 b. Applicant $ s.d c State $ 6,137 d. Local $ e. Other $ I. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Dyes If'YeC attach an explanation 0 No g. TOTAL $ 122,742 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. Authorized Repmsentabve Prefix Mr. First Name Dan - Last Name Coody Suffix b. Tine MayAn c. Telephone number (give area code) 479-575-8330 d. Signature I Rep e. Date Signed J11 7, J"05 Previous emuons Not usable— Standard Foml 424 (Rev.&2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80.80184 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Name of Governing Body Does this assistance request require State, local, Primary Rating regional, or other priority rating? _ Yes X No Item 2. Name of Agency or Does this assistance request require State, or local Board advisory, educational or health clearances? Yes X (Attach Documentation) No Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X 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 (8.73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL PART II -SECTION C The Sponsor hereby represents and certifies as follows: OMB NO. 04-R0209 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 3-0020.05-1 l & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D, E, and H. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, 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 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-it0209 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 part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. 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 Form 5100-100 (4-76) Page 3b FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB 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 (-) I. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees (Master Plan) $122,742 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 122,742 20. Federal Share requested of Line 19 116,605 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 116,605 23. Grantee share 24. Other shares (Ark Dept "of Aeronautics) 6,137 25. Total Project (Lines 22, 23 & 24) $ $ $ 122,742 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 OMB No. 80-R0184 SECTION C - EXCLUSIONS Classification Ineligible for Participation 1 Excluded From Contingency Provision (2) a. $ $ b. C. d. e. I,. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By licant d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares $ 6,137 a. State b. Other C. Total Other Shares 29. TOTAL $ 6,137 SECTION E - REMARKS Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 PART IV PROGRAM NARRATIVE STATEMENT MASTER PLAN UPDATE FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The existing Master Plan is out of date and most of the five and ten year projects have been completed at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of the MASTER PLAN UPDATE is to provide a current plan for future improvements for the five, ten and twenty year planning periods. Fayetteville Municipal Airport has become a full service GA Airport and is experiencing steadily increasing GA traffic the since 1999 and no longer serves Airline Traffic. J:\2005\052130 DRAKE MASTER PLAMCORRESWARRATIVE-0630.DOC I a - 3 D O) n K m -n m or H m -I Zr < n z r OO r m ov m Lb O o cl z z a — rn(n m m C i m m H H m-• K z 3b C) o m Z •D m D — Kf�n V ` (n zz 'In Horn n z D C) C' Z In fn v II Z / F -. H r m O O O o y C' N z H H 1 m m H H x m 'tic 9 H H rn 61'i H O H H Z N • C)] I O lii totn fn H H 2 H H H 11 )2 td . = m .O H -In f ' H H 0 U) rn 00 G] O 1303.S' //Q O H 'p N m w H O r z 1) .q � 1320' 'o M Ni N 2. y o .G \ \ \ \ A ' a -- 13 0' Rf N w o \•o H m cm S30' o m m r n n N ro x = z E E C Hm H £ x m H HK .-3-,.-i F O O 2 H 7 N ]807.17 m x ASSURANCES Airport Sponsors V.7i%1i-7! 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. 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: General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act -S 5 U.S.C. 1501, et sea.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.7 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 Airport Assurances (9/99) g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973-29 U.S.C. 794. n. 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 sea. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 r. Power plant and 'Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seo.1 t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969-42 U.S.C. 4321, et sea.1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.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.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 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-1 33 - 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. a. 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. b. 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) b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in 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. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. 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) 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project maybe 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. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. 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. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to 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) 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: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. Airport Assurances (9/99) g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance ofthis 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. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect' instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and 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. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical Airport Assurances (9/99) activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, 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. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this 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) 9 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. 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 AIR 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 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED July '7, 2005 CITY OF FAYETTEVILLE (Sponsor) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. 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. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the 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 $100,000 for each such failure. Signed Title Date July 1, 2005 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; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), 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 tI�efe are workplaces on file that are not identified here. Dan 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) (Airport) Master Plan Update (work Description) 3-05-0020-033-2005 (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). 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. fl. Yes No N/A 7. Mandatory contact provisions for grant -assisted contracts have ® ❑ been (will be) included in consultant services contracts. S. 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 '(Sr`gnature of Sponsor's Designated O I Representative) Dan Coody (Typed Name of Sponsors Desi nated Ofci Representative) (Typed Title of Sponsors Designateb,01fliar Representative) July, 2005 (Date) Page lot 2 RESOLUTION NO.66-05 A RESOLUTION TO APPROVE TASK ORDER #5 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $122,742.00 TO PRODUCE AN AIRPORT MASTER PLAN AND TO APPROVE APPLICATIONS FOR GRANT FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT OF $122,750.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: II Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order #5 to the contract with McClelland Consulting Engineers, Inc. in the amount of $122,742.00 to produce an Airport Master Plan and approves applications for grant funding from the FAA and Arkansas Department Of Aeronautics to pay for this project, and approves a budget adjustment of $122,750.00 as attached. PASSED and APPROVED this 5th day of April, 2005. By: ii t1 \ 1 /w . M t A) 0 .\ ,AA . / /A'H , SONDRA SMITH, City Clerk By: APPROVED: MCEMcCLELLAND CONSULTING DESIGNED TO SERVE i ENGINEERS, INC. July 5, 2005 Mr. Ray Boudreaux Airport Director Airport Depart nt 4500 S. Sch I, Su e F Fayetteville AR 72701 Re: Master Plan Update Fayetteville Municipal Dear Mr. Boudreaux: P.O. Box 1229 Fayetteville, Arkansas 72702-7229 RECENVE D J U L O52005 AIRPORT 479-443-2377 FAX 479-443-9241 Enclosed please find a copy of the Application to the Federal Aviation Administration for the Master Plan Update for Fayetteville Municipal Airport, Drake Field. If there are any questions regarding the application, please contact us. Sincerely, McC LLAND C NSULTING ENGINEERS, INC. FW Wayne/Jones' P.E. Vice Pre idenV Enclosures: FAA Application J:\2005\052130 Drake Master Plan\corres\boudreaux 0705.wpd:wj From: Clarice Pearman To: Boudreaux, Ray Date: 7/12/05 5:15PM Subject: FAA grant Ray, Attached is a copy of the FAA grant. This will also be confirmation that you picked up the original grant for mailing. Thanks. Clarice CC: Deaton, Vicki