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HomeMy WebLinkAbout96-06 RESOLUTIONRESOLUTION NO. 96-06 de A RESOLUTION APPROVING CHANGE ORDER #2 TO THE CONSTRUCTION CONTRACT WITH APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $277,505 60; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF "$185,605.00 RECOGNIZING RESTORED GRANT REVENUES 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 Change Order #2 to the construction contract with APAC-Arkansas, Inc., McClinton -Anchor Division in the amount of $277,505.60. A copy of Change Order #2, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $185,605.00 recognizing restored grant revenues. ��.�oRK%TR' �.,, ` 3.' Ze.kl% 911 SY66e S •133 • :FAYETTEVILLE: PASSED and APPROVED this 6th day of June, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: 4 SO • SMITH, City Clerk CHANGE ORDER Order No. 2 Date: Mav 2, 2005 NAME OF PROJECT: West Side GA Apron Improvements MAY 0 y X2006 AIRPO J Agreement Date: August 2, 2005 OWNER: City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc., McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Adjust the scope of the project to add the West 165 feet of the Apron and adjust the quantities and several unit prices for the project as detailed on the attached page 2 of this Change Order.. Add cost of $ 291,999.35 to the contract. 2. Reduce the Quantity for Bid Item No. 1-7 for Undercut and Backfill from 1500 CY to 900 CY at $21.00 per CY. Deduct cost of $12,600.00 from contract. 3. Reduce the Quantity for Bid Item No. 1-87 for Stabilization Fabric from 7500 SY to 3000 SY at $1.60 per SY Deduct cost of $ 7,200.00 from contract. 4. Add Bid Item No 1-50 for removal of unknown septic tank for 1 LS at $1,225.00 per LS Add cost of $1,845.00 to contract. 5. Add Bid Item No 1-51 for relocation of sewer service line to new sanitary sewer line at 1 LS at $1,620.00 per LS. Add cost of $11620.00 to contract. 6 Add Bid Item No 1-52 for the repair of water and gas service lines to the Terminal Building at 1 LS at $ 1,841.25 Oper LS Add cost of $1,841.25 to contract. Justification: 1. The project funding by the FAA has been increased for the funding cycle, thereby allowing the complete apron project to be constructed in one phase. This Change Order adds the work in Phase 11 of the project which was deleted by Change Order No. 1. 2.83 These items are not required in the amount originally estimated. 4. This item is needed for removal of an existing Septic Tank that was not known to exist. This tank was not removed when the pump station was installed in the late 1970's 5. This item is needed for the relocation of the 4" sewer service line from the FAA leased building to the old pump station to connect to the new sanitary line. 6. This item is needed for the repair of the water and gas service lines to the Terminal Building which were in a different location than indicated by the "Record Drawings.' CONTRACT PRICE prior to this Change Order: Increase in Contract Price: Revised CONTRACT PRICE Including this Change Order: Final Completion Time Prior to This Change Order: Net Time Change Resulting From This Change Order: Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decrcased) by 90 calendar days. $ 886,724.15 $ 277,505.60 $ 1,164,229.75 150 Calendar Days 90 Calendar Days Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be requir- • - e GENERAL CONDITIONS. Requested by: Recommended by: Approved by: APAC rkansas, Inc., M.i linton Anchor Division City o ayetteville J:12005\052127 Drake Field\Change Orders\C-Order-2.wpd Page 1 a O1 5-04 Date 4 43706 Date CHANGE ORDER NO. 2 PRICING Revised Phase I, West side GA Apron Improvements Fayetteville Municipal Airport AIP Project 3-05-0020-034-2005 April 12, 2006 MCE Project No. FY052127 Item # Description CO No. 1 Unit CO No. 1 CO No. 1 CO No. 2 CO No. 2 CO No. 2 REVISED Revised Bid Revised REVISED Revised Bid Revised Bid Qty. Unit Price Extended Bid Qty. Unit Price Extended 1 Mobilization & Demobilization 1 LS 556,000.00 $56,000.00 1 556,000.00 556000.00 2 Topsoil Removal (Plan Quantity) 380 CY 57.00 52,660.00 530 57.00 53,710.00 3 Unclassified Excavation (Plan Quantity) 8200 CY $11.20 591,840.00 11,600 $11.20 $129,920.00 4 Embankment from Excavation (Plan Quantity) 775 CY 56.25 54,843.75 1,050 56.25 56,562.50 5 Select Borrow Embankment (Plan Quantity) 4,690 CY $16.85 579,026.50 6,940 516.85 $116,939.00 6 Topsoil Replacement (Plan Quantity) 1,440 CY $28.00 $40,320.00 2,040 528.00 557,120.00 7 Undercut and Embankment Ball 1,000 CY 521.00 521,000.00 1,500 521.00 531,500.00 8 Soil Stabiraation Fabric 4500 SY 51.60 57,200.00 7,500 51.60 512.000.00 9 Straw Bale Banier 105 LF 52.10 5220.50 150 S2.10 5315.00 10 Filter Fabric Barrier 600 LF 54.38 52,628.00 800 54.38 53,504.00 11 Crushed Aggregate Base Course 2,856 TN 519.00 554,264.00 4250 518.75 579,687.50 12 7 -Inch Portland Cement Concrete Pavement 6,132 SY 540.95 5251 105.40 9,215 538.00 5350,170.00 13 Apron Joint Sealant 1 LS 514,070.00 514,070.00 1 521,000.00 $21,000.00 14 4 -Inch Asphalt Binder, Type 11 40 TN 578.00 53,120.00 40 578.00 53,120.00 15 2 -Inch Asphalt Surface, Type 11 20 TN $119.00 52,380.00 20 $119.00 52,380.00 16 Concrete Cum and Gutter 126 LF 530.00 53,780.00 126 530.00 53.780.00 17 Handicap Ramps, AHTD Type 3 2 EA 5960.00 51,920.00 2 5960.00 51,920.00 18 18 -Inch RCP, Class III, Wall B 390 LF 564.00 524,960.00 560 564.00 535,840.00 19 8 -Inch PVC Sch 80 Pipe 0 LF 50.00 50.00 182 542.00 57,644.00 20 Grate Inlet 2 EA 56,000.00 512,000.00 4 56,000.00 524000.00 21 Junction Box 2 EA 54200.00 58,400.00 2 $4,200.00 58.400.00 22 Curb Inlet over Existing Pipe 0 LF 50.00 50.00 1 54150.00 $4.150.00 23 Reconstruct Inlet Top to Grate Inlet 1 EA 56.000.00 54,000.00 1 54,000.00 54,000.00 24 Pipe Underdrain System 150 LF 510.00 51,500.00 200 510.00 52.000.00 25 Solid Sodding 10 SY 510.30 5103.00 20 510.30 5206.00 26 Seeding, Fertilizing, and Mulching 1.8 AC 52,000.00 53,600.00 2.6 52,000.00 55,200.00 27 Taxiway Striping (Yellow) 550 LF 53.45 $1,897.50 700 53.45 52,415.00 28 Taxiway Striping (Black Outline) 1,100 LF 53.45 53,795.00 1,400 $3.45 54830.00 29 Trench and Excavation Safety System 1 LS 56,100.00 $6,100.00 1 56,100.00 56,100.00 30 Remove Existing Chain Link Fence 710 LF 52.85 52,023.50 710 52.85 52,023.50 31 New 6' Chain Link Fence with Barbed Wire 655 LF 519.00 512,445.00 780 519.00 514,820.00 32 _ _ Relocate Sliding Gate and Controls 0 LS 50.00 50.00 1 $3,200.00 $3,200.00 33 Remove Curb and Gutter 1 LS 53,500.00 $3,500.00 1 53,500.00 53,500.00 34 Remove Asphalt Pavement (3020 SY) 1 LS 56000.00 59,000.00 1 59,000.00 59,000.00 35 Remove Gravel Surface (4468 SY) 1 LS 516460.00 519,460.00 1 524,000.00 524,000.00 36 Remove Concrete Swale (72 SY) 1 LS 5750.00 5750.00 1 5750.00 $750.00 37 Remove Concrete Block Building and Foundation 1 LS 52.740.00 52.740.00 1 52,740.00 52,740.00 38 _ _ Remove Duplex Pump Station, Backfill, and Cap Force Main 1 LS 56,700.00 56,700.00 1 56,700.00 56,700.00 39 Relocate SCADA System Antenna to Pump Sta. South of Terminal Building 1 LS 5260.00 5260.00 1 5260.00 5260.00 40 Remove Concrete Inlet 0 LS 50.00 50.00 1 5205.00 $205.00 41 Remove 12", 15", and 18" RCP ( LF) 1 LS 52.300.00 52.300.00 1 52,300.00 52.300,00 42 Remove Sanitary Sewer Manholes 2 EA 5250.00 5500.00 2 5250.00 5500.00 43 New Sanitary Manhole 6 EA 52,700.00 516,200.00 6 52,700.00 516200.00 44 8" SCR 26 PVC Sewer Pipe 1,140 LF 550.00 557,000.00 1,140 550.00 557,000.00 45 Crushed Stone Trench Backfill 908 TN 519.00 517,252.00 908 519.00 517,252.00 46 Conc. Curb Removal and Repair 40 LF 523.00 5920.00 40 523.00 5920.00 47 Asphalt Drive Repair 545 SY 552.00 528640.00 545 552.00 528,340.00 48 Asphalt Parking Repair 100 SY 544.00 54,400.00 100 544.00 54,400.00 49 Third Party Insurance Coverage (Rider Amount) 1 LS 5200.00 5200.00 1 5200.00 5200.00 Current Pro ect Cost 5886724.15 Change Order 2 Price $1,178,723.50 n200510521271ProixsecT Change Order Na zw Page 2 • Increased Project Cost 5291,999.35 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2006 Department: General Government Division: Aviation & Economic Development Program: Airport Capital Expenditures Date Requested 5/5/2006 Adjustment Number Project or Item Added/Increased: Increase West Gen Aviation Apron account Project or Item Deleted/Reduced: None: Recognize Grant Revenue Justification of this Increase: Will provide for re -instating the original project scope Justification of this Decrease: Grant funding now available. Project is 100% funded. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number West Gen Aviation Apron 5550 3960 7820 34 185,605 05034 1 Account Name Decrease Expense Budget (Increase Revenue Budget) Account Number Amount West Gen Aviation Apron State grants on Fed proj Project Number 5550 0955 6820 34 167,044 05034 5550 0955 6803 00 18,561 05034 1 Reque =� Approval Signa es .• Director SS'D� ate Date Finance & InternaI Services Director /Date rC26: Date Mayor Budget Office Use Only Type: A B C D E Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Ray M. Boudreaux • Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts City Council Meeting Date Aviation & Economic Development Division Action Required: 2oGJ0COV General Government Department Approve Change Order #2 with APAC - Arkansas Inc., McClinton Anchor Division, Contact: David Love, PO Box 1364, Fayetteville, AR, 72702, Phone: 479-587-3300 $277,505.60 Cost of this request a 2o.�+(. 5550.3960 Account Number 05034 Project Number Budgeted Item 11079,315.00 Category/Project Budget 987,414.00 Funds Used to Date 91,901.00 Remaining Balance Budget Adjustment Attached X West General Aviation Apron Program Category / Project Name Airport Capital Improvements Program / Project Category Name General Fund / Airport Fund Name atea{ C5bk Date Department Director �et)/.� City Attorney • SNCC Finance an Internal Service Director Dat6 Mayor 5'196 Date 67-05, 155-05 Previous Ordinance or Resolution # 173-05 Original Contract Date: Original Contract Number: 8/2/2005 1007 Received in Mayor s Office Comments: • City Council Meeting of: June 6, 2006 Agenda Item Number: CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor and City Council THRU: Staff/Contract Review Commit FROM: Ray M. Boudreaux, Director, Aviation an con 'c Development DATE: May 5, 2006 SUBJECT: Accept Change Order #2 to the West Side General Aviation Apron construction project to recognize the additional FAA funding allocated to the project and restoring the project to very close to its original bid amount and original scope. RECOMMENDATION: Approve and accept Change Order #2 to the West Side General Aviation Apron construction project restoring the project to its original scope and recognizing the FAA grant funding restored to the project, bringing the total project amount to $1,164,229.75 total which is $976.30 less than the original bid amount to complete the project as originally bid. BACKGROUND: The original project was approved by Resolution 155-05 by the City Council at their August 2, 2005 meeting at the amount of $1,165,206.00 plus a 5% contingency of $58,260.00. Included in the Resolution 155-05 was a change order reducing the amount by $486,923.00 due to failure of the FAA to receive the expected annual funding. Following several meetings with the FAA expressing concern that the amount of money left in the project would not produce any valuable results, a change to the change order was presented to the council which rescinded the original change order and reduced the original contract amount by only $278,481.85 which the Council approved through Resolution 173- 05 This change order restores the scope of the project and adds back the funding with $277,505.60 in FAA grant proceeds. BUDGET IMPACT: This project is fully funded 95% Federal and 5% State at $1,164,229 75 plus a 5% contingency. Attachments: Staff Contract Review Form Change Order #2 Budget Adjustment Resolution 67-05, 155-05, 173-05 Aviation and Economic Development Department - Fayetteville Municipal Airport, Dake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director RESOLUTION NO. A RESOLUTION APPROVING CHANGE ORDER #2 TO THE CONSTRUCTION CONTRACT WITH APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $277,505.60; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $185,605.00 RECOGNIZING RESTORED GRANT REVENUES. 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 Change Order #2 to the construction contract with APAC-Arkansas, Inc., McClinton -Anchor Division in the amount of $277,505.60. A copy of Chang -Order #2, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City,ciafjpAyiville, Ariansas hereby approves a Budget Adjustment in the amount of $185;605.00 recognizing restored grant revenues. PASSED and APPROVED this 6t "d APPROVED: y SONDRA SMITH, City Clerk New World Systems 6.0 *LIVE* 5/05/06 Project Inquiry Type options, press Enter. 5=Display .10=Transactions 11=Budget Transactions 15=Funding Sources 16=LTD Balances 17=YTD Balance 19=Budget to Actual Inquiry 22=Additional Info Project Opt No. Description F/Y Group Status 16 05034 West General Aviation Apron 2006 Project Active -Display, Life, to Date Balance PT0740S1- Reset: PT0610S1 + - 14=Sub Projects 18=Budget More: • • Project Number Original Budget . Budget Amendments: Actual Expenses . Encumbrances . . . Remaining Balance: 05034 West General Aviation Apron Expenses .00 1,079,315.05 432,656.05 554,757.69 91,901.31 Original Budget . Budget Amendments: Actual Revenues . Remaining Balance: F -F3=Ex4 F7=Full Exit F12=Cancel • • Revenues .00 1,079,316.05 381,821.05 697,495.00 • New World Systems 6.0 *LIVE* - PT0610S1 PT0160S1- T Project/Sub Project Analysis Project . . Sub Project: Fiscal Year: Manager . . 05034 1 2006 2087 West General Aviation Apron West GA Apron Boudreaux Status . . . A Active Original Expense Budget •.00 Original Revenue Budget •.00 Budget Amendments • 1,360,625.00 Current Budget . . Posted Expenses/Revenues Posted Encumbrances . Balance • • • • • Unposted Expenses/Revenues: Unposted Encumbrances . Transaction Encumbrance Total Remaining . -F3=Exit 16,471.00 554,757.69 F7=Full Exit F12=Cancel . 00 . 00 . 00 1,360,625.00 789,396.31 58.02 % 789,396.31 58.02 % RESOLUTION NO. 6 7 —05 A RESOLUTION TO APPROVE TASK ORDER #6 TO A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $99,850.00 TO DESIGN AND OVERSEE THE CONSTRUCTION OF A NEW WEST SIDE GENERAL AVIATION APRON AND SEWER LINE REPLACEMENT, AND TO APPROVE APPLICATIONS FOR FUNDING FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS TO PAY FOR THIS PROJECT AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,079,316.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Task Order #6 to a contract with McClelland Consulting Engineers, Inc. in the amount of $99,850.00 to design and oversee the construction of a new west side general aviation apron and sewer line replacement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves applications for funding from the FAA and Arkansas Department of Aeronautics to pay for this project. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $1,079,316.00. PASSED and APPROVED this 5th day of April, 2005. ......ti ..a..... p•F•.�SG% .v.•G •�. ;FAYETTEVILLE; idg t; VP45WANSPSJ?`' ATTEST: °''o�'GTO163. ",numwa••. By: &04,c.,v /WAIL SONDRA SMTTH, City Clerk By: APPROVED: DAN COODY, Mayo RESOLUTION NO. 155-05 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $1,165,206.00 AND APPROVING A CHANGE ORDER REDUCING THE CONTRACT AMOUNT BY $486,973 00, TO CONSTRUCT THE WEST GENERAL AVIATION APRON; APPROVING A 5% PROJECT CONTINGENCY OF $29,130.00; AND ACCEPTING GRANTS FROM THE FAA AND ARKANSAS DEPARTMENT OF AERONAUTICS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards a construct -ion contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $1,165,206.00 and approving a Change Order reducing the contract amount by $486,923.00, to construct the West General Aviation Apron. A copy of the contract and Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. Sect -ion 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% project contingency of $29,130.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts grants from the FAA and Arkansas Department of Aeronautics totaling $678,183.00. PASSED and APPROVED this 2nd day of August, 2005. ATTEST: ......... ,R£q.''% ?,-.•G\SYO,c 1* ' :V• • D E : FAYEITEVILLE: G .01 tet o,/Crif0.3 '...GT''..,Co, By: cRaingt.4/ SONDRA SMITH, City Clerk APPROVE By: A 1 _ %/A 1 AN COODY, Mayor RESOLUTION NO.17 3- ° 5 A RESOLUTION RESCINDING THE CHANGE ORDER CONTAINED IN RESOLUTION No. 155-05 AND APPROVING A REVISED CHANGE ORDER TO THE CONS 1'RUCTION CONTRACT WITH APAC-ARKANSAS, INC., McCLINTON- ANCHOR DIVISION REDUCING THE CONTRACT AMOUNT BY $278,481.85. 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 rescinds the Change Order contained in Resolution No. 155-05, and, approves a revised Change Order to the construction contract with APAC- Arkansas, Inc., McClinton, Anchor Division reducing the contract amount by $278,481.85. A copy of the revised Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 6th day of September, 2005. ATTEST• afve gretert'i GIiYOF•,�' S�, .yos FAYETTEVILLE; li YY By:% MUk> • SO IA SMITH, City Clerk APPROVED: By: AN COODY, Mayo �1 U.S. Department of Transportation Federal Aviation Administration February 15, 2006 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: Federal Aviation Administration Southwest Region, Airports Division Arkansas/Oklahoma Airports Development Office Subject: Multi -Year Letter Amendment, Amendment No. 1, Airport Improvement Program (ALP) Project No. 3-05-0020-034-2005 Fayetteville Municipal Airport (Drake Field, Fayetteville, Arkansas This letter transmits the maximum obligation of the United State payable under the above referenced Multi -Year Grant Agreement for fiscal year 2006 as set forth in Grant Agreement Condition No. 3 accepted by the city of Fayetteville on August 22, 2005. Fort Worth, Texas 76193-0630 VEO X8 12 2006 AIRPuk This letter effects the amendment and commits the Federal Aviation Administration, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States by $150,000 (from $778,030 to $928,030), as authorized by Section 47108(a) of the Act, as amended, to cover the Federal share of the total actual eligible and allowable project costs of the above referenced Grant Agreement. Under the terms of the Grant Agreement; this document is incorporated into and constitutes Amendment No. 1 to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. If you have any questions, please contact Mr. Donald C. Harris at (817) 222-5634. Sincerely, Original Signed By: Edward N. Agnew Edward N. Agnew Manager, Arkansas/Oklahoma Airports Development Office cc: Mr. John Knight, Director, Arkansas Department of Aeronautics, One Airport Drive, 3`d Floor, Little Rock, AR 72202 Mr. Ray Boudreaux, Director, Aviation and Economic Development, 4500 School Road, Suite F, Fayetteville, AR 72701 r James Nicholson - Fwd: FY'2006 grant needs Page 11 From: Ray Boudreaux To: Nicholson, James Date: 3/2/06 3:O5PM Subject: Fwd: FY 2006 grant needs Hi James, Here it is. Cheers, Ray Ray M. Boudreaux, Col. USAF (ret) Director, Aviation & Economic Development 4500 S. School Ave., Suite F Fayetteville, AR 72701 ph. 479.718.7642 fax. 479.718.7646 email: rboudreaux@ci.fayetteville.ar.us »> <Don.Harris@faa.gov> 03/02/06 11:45 AM »> • Good morning, Gentlemen: By now you should have received Grant Amendment No. 1($150,000) for last year's multi-year grant for the west side apron That grant total was $928,030. I am preparing the second phase grant for the west apron expansion project and need some paperwork. This will be a separate FY 2006/2007 multi-year grant so you will need to prepare a new grant application for the balance of the project costs. The grant number will be 3-05-0020-035-2006. • The amount available for this second and final phase (including FY 2007 NPE) is $278,456. I know we're still coming up a wee bit short, but that's all there is in the kitty. Since the project was already bid last year with a final (reduced) cost of 928,030 federal share we won't need to bid again for the balance. But I do need the following: 1. A grant application showing the federal share of $278,456 (think of this as "Phase 2 Completion"). Again, this will be a multi-year grant with '06 and '07 funding in it I cannot use the other application because it is limited by the amount in the -034 grant. -034-2005 grant was funded from discretionary, '02 & '05 non -primary, (and advanced '06 non -primary in Amendment 1) -035-2006 this year's grant is funded from '06 state apportionment of $128,456 & $150,000'07 advanced funds; total = $278,456 fed share 2. Updated copy of your signed engineering agreement covering this period. 3. Updated DBE goals and approval letter from Rosetta Robinson. 4. Project schedule indicating completion date. 5. Consultant Selection Certification and Drug Free Certification. Now, regarding the Part 139 inspection and airfield markings rehab. I understand that Wayne has something already to go on this. Please send or 6,4 James Nicholson - Fwd: FY 2006 grant needs Page 2 email me the cost details so that I can enter it into our system. Currently I have no funding available fir this project. However, as the year progresses some "fallout" may occur, and I want to be ready to grab it if it does. Our best opportunity to get this is to have the project designed and ready to advertise and bid. No promises beyond that. I just want to ensure that we are ready to pounce on it if some money becomes available. It should complete well because it is a Part 139 requirement. Call me with any questions. Thanks, dh Donald C. Harris Sr. Program Manager AROK ADO, ASW -631 2601 Meacham Blvd. Fort Worth, TX 76137-4298 Phone: 817. 222. 5634 FAX: 817. 222. 5987 Email: don.harrisfaa qov NttCOMcNSUL CLELLT/ANDNG ENGINEERS, INC. 1 DESIGNED TO SERVE / P.O. Box 1229 Fayetteville, Arkansas 72702-1229 479-443-2377 FAX 479-443-9241 May 3, 2006 Mr. Ray Boudreaux Airport. Department City of Fayetteville 113 West Mountain r Fayetteville, AR 72701 RE: West Side GA Apron Improvements Fayetteville Municipal Airport, Drake Field AIP 3-05-0020-034=2005 Dear Mr. Boudreaux: Enclosed please find four (4) copies of Change Order No. 2 for this project for addition of the Phase II apron construction. The revised unit prices are the same as bid except for four items and they only have a slight increase due to the price adjustments over the past eight months. Items 7 & 8 have been reduced in quantity and thus the new - contract amount is just under the original bid amount. If there are any questions regarding this change order, please contact us. Sincerely, E AND 1INSULTING ENGINEERS, INC. esP E ice /es ent - Enclosure: Change Order No. 2 (4 copies) J:12005\052127 Drake Fieldlcorres\bourdreaux-0503.wpd: IClarice Pearman - Res. 96-06 Page 11 From: Clarice Pearman To: Boudreaux, Ray Date: 6.15.06 5:36PM Subject: Res. 96-06 Ray, Attached is a copy of above resolution along with a copy of the CO2 for APAC-McClinton-Anchor. I will forward to you three of the four originals via interoffice mail. I will also forward to Budget the blue budget adjustment. Thanks. Clarice CC: Audit; Fell, Barbara Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE a, DATE SUBMITTED _ .. .. . May 2006 _ -.... ...... FY052127 1. TYPE OF SUBMISSION: Ae,tr a ConCNetM ❑ NenConuruceon Ar pp;m t ❑ CpnftNel2M 0 NdnCens(mcbn 1. DATE RECEIVED BY BTATESine ahnOErT rr .o o e 4. DATE RECEIVED BY FEDERAL I AGENCY t_ FederalMoran(Moran(pplk 3-05-0020-35-2006 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Unte _ Department Airport Department OrganlabUNS: ond D I _ .., .. . Division: Address: - Name and telephone number of person to be contacted on matters Involving Ih s application (give area code) Street: 4500 S. School, Suite F Prefix: Mr. First Name: Ray City. Fayetteville Mhedle Name: County Washington Last Name: Boudreaux State: Arkansas zip Code. 72701 SIW IC Director of Aviation Country: United States Email: rboudreaux@ci.fayettevillear.us 6. EMPLOYER IDENTIFICATION NUMBER ZEIN): Phone number (give area code): 476-718-7642 _ FAX number (give area totle)_ 479-718-7646 7 1 - 6 I 0 I 1 18 1 4 16 1 2 B. TYPE OF APPLICATION;1, 11nn New Continuation Elf Rmhbn IJ 7, TYPE OF APPLICANT: (sae back of form for Application Types) . - Dlher (Opacity) 1 It Revision enter appmpdpto knot% in tcs(es) I. _ _ (Sae Socket form br description of letters( . - . �_ _ _ _ _ 9. NAME OEF.EDERALPGENCI(,,. a _, a a a _ •' FAA SW Region otherfwa�h!• 1 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: - Phase li of the West SRN Genera fAvia ibf Apron ` . Iniprovemehtst ... .. • _ ' 210 - 1 0 6 TITLE: i ...- 11. AREAS AFFECTED BY PROJECT (Mies. counties. st es'e!di. , Washington County, Arkansas 13. PROPOSED PROJECT, 14. CONGRESSIONAL DISTRICTS OF; Ste Date Sept 2005 Ending Date July 2006 a. Appkcant Third b. Project Third 15. ESTIMATED FUNDING;_ _ _ _ _ 16. 15 APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12371 PROCESS a Y. ❑ THIS PREAPPUCATIOWAFPUCATION WAS MADEth AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCFcc FOR REVEW ON DATE: b. No. 0 PROGRAM ISNOT COVERED BY E. O. 12372 0 OR PROGRMA HAS NOT BEEN SELECTED BY STATE FOR REVIEW e. Feder S $278,920 '°° b. Applicant S .°° c State s $ 14,680 "a° d. Local S - '°° e. Other S 'w L Program gimme S °O 17. IS THE APPUCANTDELINOUENTON ANY FEDERALpEBT1 _ ` OYm elite attach an explanation ®No 9. TOTAL uu S $ 293,600 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLK:ATIONIPREAPPUCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND TIE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE I5 AWARDED. B. Authorized RepmsentaVvo I Prefix Mr. I First Name Dan Last Name Coody Surfs( C. Telephone number (give area code) 479.57546330 b. Title Mayor /,//s/7 d. Signature Authorized Rep -,/�^�;A -OK / r� e. Dote Signed . S /%'/� � � . . Authorized for Local Reprodu Presmbd byOMB Circular A-102 "Comment: Do cApplication Xubmiited toFedeMagaq(orState ifipPhcible). Comment::Apphums con;l number (f pRikeblc). Commenll5ilect type ofw4oiiuien., Comment Surdmd<wy0f eppliabk) Conn., rt Slue me billy(f..:;. appllable) ' DOmie t;If this app luao antinuetiov Orteti<iov to ed aisting 'word, feta theprismt Fedwlidendfei. • :,umbra If coa eel project, lave01enk: -• :Comment Fater Due rtcdved • <tgeoisidonitwit which wL pndemke . - IsoesslbtiiI0c dgfy':.. ... Comment Ent legal lime df . Comment Eetathmganusuon s' .. ,DUNSnP( dfroma4 III': Cemdient EmdrEmpbYa..::j';;; :fdenofia¢oo mmbc(FGN) u est ,,, f2] Comment Gbeck appmpnue'box and, :: mlc app opnatclmm()mtlical( .. 3 ' Comment AState Dcom€, C Muo'cipel:jl Township Strom/ ,., [41 Commeee-INew'.meem anear .' .... •.', 1 :comment `Continuidon7 mass ea3i Cb ra ient•-'AcvcCn:meim any ch®ge m)b< FNml Devaluate 6 CnmmentUdn4 dnp:dw n keistion `i,•t `• enteetbeappmpramlenamibei(...f7 uhh CanlmentAlncrmse Award B. rd •carcase Cpltnldit iNaienie W egc g 50m 1yhisL asnrin enbvo6. �• ... 9 Comment idat *MOO deviii0d, ONLY deet ineledd in Woven fmg:j • • title eofthe prnjaei.mardd c (,,,a %daafthc projed:jifsorc their (... I101 CghroemeofPio®; Gi•• ,.['_ Airport rtIm improvmmt Aogram) Comment theln" l.mooly{ea • poliddXi modes LIRct d (egx S( &mil `` iCeirittnentSSifErdplanMdty: .. Comment L th tapplmmti '., 0.O.Ongi.,lo*sID'uainend enY)f f12 Comment:Amuuot io be (equated m m 6ccoembubd 41;14 th< fi44. (131 Canment Appb Is MOuld's8shiSfi tlCSMle Si tIeP s<feeMed(, 114 Comment mis patio<eppgeain.the 1 apyliraui,orgaulvuw, wtthtPI ,., I151 Comment Taibtiihiied !SHIM' y euthuiixA repmuuiapve of the { ,,, 1167 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART I1 PROJECT APPROVAL INFORMATION SECTION A , olds NO. 80-R0184 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No IMEMMI Name of Goveming Body Primary Rating Jtem 2. Does this assistance request require State, or local advisory, educational or health clearances? No Yes Name of Agency or Board X (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Date Item 5. 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. Will the assistance requested serve a Federal installation? Yes Name of Federal Installation Federal Population benefiting from Project Item 7. Name of Federal Installation Will the assistance requested be on Federal land or installation? Location of Federal Land Yes X No Percent of Project Jtem 8. Will the assistance requested have an impact or effect on the environment? Yes X No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? Yes X No Number of: Individuals. Families. Businesses. Farms. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes See instructions for additional information to be provided. X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 • U.S. DEPARTMENT OF TRANSPORTATION - FED FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 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) 0 d. Bonds e. Tax Levies f. Non Cash q. Other (Explain) • h. TOTAL - Grantee share 200 28. Other Shares a. State (Ark Dept of Aeronautics) 14,680 b. Other c. Total Other Shares 14,680 29 TOTAL $ 14,680 SECTION E — REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5 U.S. DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 04-80209 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 identiifyfor each all exceptions, encumbrances, and adverse interests ofevery 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 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................................20.106 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 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development B. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 293,600 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 293,600 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) 293,600 20. Federal Share requested of Line 19 278,920 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 23. Grantee share 0 24. Other shares (Ark Dept of Aeronautics) 14,680 25. Total Project (Lines 22, 23 & 24) $ $ $ 293,600 FAA Form 5100-100-(6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 A PROGRAM NARRATIVE STATEMENT PHASE II, WEST SIDE GA APRON IMPROVEMENTS FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The proposed improvements are located at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of these improvements is to provide additional apron for GA aircraft parking and apron for future Corporate Hangars, in accordance with the ongoing Master Plan Update, as at numerous times the apron for the FBO parking is full of aircraft. This apron area will provide additional GA Aircraft Parking and access to the future Corporate Hangars around part of this apron. C:IDOO0ME-1 W N ICHO=IILOCALS-1 TEMP\NARRATIVE-05-06.DOC ASSURANCES Airport Sponsors 14. tZa1t1t,1N 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 sec.' c. Federal Fair Labor Standards Act -29 U.S.C. 201, et sec. d. Hatch Act -S 5 U.S.C. 1501, et sec.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sec.1 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.) h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. 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 sec. 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 sec.1 t. Copeland Antikickback Act -18 U.S.C. 874.' u. National Environmental Policy Act of 1969-42 U.S.C. 4321, et seg.' V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984-31 U.S.C. 7501, et seg.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? 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.12 Assurances (9/99) 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 1 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 applicants 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 may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the . community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. 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 of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. 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 (9199) 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) 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 operatorto such services, and b. If allowing more than one fixed -based operator.to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: Airport Assurances (9/99) a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the - boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, Airport Assurances (9/99) 10 taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance If (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim Airport Assurances (9/99) 11 uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, inappropriate 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. 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 May 1t2006 CITY OF FAYETTEVILLE -fumh*ft. tc Me Mort bur ongm.l iwu;aenamae orate Page 2 of 2 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS City of Fayetteville Fayetteville Municipal FYV (Sponsor) (Airport) West GA Apron Phase II Completion (work Description) 3-05-0020-0035-2006 (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 Z ❑ ❑ 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. Pape 1012 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. Ci tteville, Arkansas (Name of Sponsor (Signature of Sponsor's Dosig ated Official Representative) Ray M. Boudreaux (Typed Name of Sponsors Designated Official Representative) Director, Aviation & Economic Development (Typed This of Sponsor's Designated Official Representative) 5/15/06 Page 1 012 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG -FREE WORKPLACE City of Fayetteville Fayetteville Municipal FYV (Sponsor) (Airport) West GA Apron Phase II Completion (work Desc»ption) 3-05-0020-0035-2006 (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 requirements on the drug -free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's ® ❑ ❑ workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; ® ❑ ❑ c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1 ® ❑ ❑ above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the. terms of the statement; and ® ❑ ❑ b. 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. Yes No N/A 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of ® ❑ ❑ the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: .a. Take 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 b. Require 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. 7. A good faith effort will be made to continue to maintain a drug -free ® ❑ ❑ workplace through implementation of Items 1 through 6 above. I have prepared documentation shown below or attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified below or in the attachment. I have prepared additional documentation for any above items marked "no" and attached it hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. Street Address: City: State: Zip code: Arkansas (Name of Sponsor) (Signature of Sponsor's Designate Official Representative) Ray M. Boudreaux (Typed Name of Sponsor's Degnated Official Representative) Director, Aviation & Economic Development (Typed Title of Sponsor's Designated Official Representative) 5115/06 (Date) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION EQUIPMENT/CONSTRUCTION CONTRACTS City of Fayetteville Fayetteville Municipal FYV 3-05-0020-0035-2006 (Sponsor) (Airport) (Project Number) West GA Apron Phase II Completion (work oescrlption) Title 49, United States Code (USC), 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 equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 15015100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One —General Federal Requirements. Sponsors may use State and local procedures provided. procurements conform to these Federal standards. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does It relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. A code or standard of conduct is (will be) in effect governing the performance of the sponsor's officers, employees, or agents in ® ❑ soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, ® ❑ and testing. 3. The procurement was (will be) publicly advertised using the ® ❑ competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects, and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, or d. Proposed contract prices are more than 10 percent over the sponsor's cost estimate. ►1 O Yes No N/A 6. All contracts exceeding $100,000 require (will require) the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, forthose ❑ ❑ instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive Order 11738. 7. All construction contracts contain (will contain) provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act, and b. Preference given in the employment of labor (except in ® ❑ ❑ executive, administrative, and supervisory positions) to honorably discharged Vietnam era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (will contain) the following provisions: a. Compliance with the Davis -Bacon Act based on the current ® ❑ ❑ Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for ® ❑ ❑ compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10. All contracts and subcontracts contain (will contain) clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and ® ❑ ❑ 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from ® ❑ ❑ doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. 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. Arkansas (Name of Spoi (Signature of Sponsor's Destgna d Official Representative) Ray M. Boudreaux (Typed Name of Sponsor's pGsignated Official Representative) Director. Aviation & E�onomic Development (Typed Title of Sponsor's Designated Official Representative) 5/15/06 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS City of Fayetteville Fayetteville Municipal FYV 3-05-0020-0035-2006 _ (Sponsor) (Airport) (Project Number) West GA Apron Phase II Completion (Work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One —General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set ® ❑ ❑ forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least ® ❑ ❑ two manufacturers can meet the specification. 3. The development included (to be included) in the plans is ® ❑ ❑ depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) ® ❑ ❑ omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 ® ❑ ❑ are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, ❑ ❑ concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the ® ❑ ❑ Federally approved environmental finding. Yes No N/A 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA as well ® ❑ ❑ as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans ® ❑ ❑ and specifications that were foreseeable at the time of project design. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. of F___ Ile, Arkansas (Name of Sponsor) Representative) Ray M. Boudreaux (Typed Name of Sponsor's Designated Official Representative) Director, Aviation & Economic Development (Typed Title of Sponsors- Designated Official Representative) 5/15/06 (Date) RESOLUTION NO.17 3- 0 5 A RESOLUTION RESCINDING THE CHANGE ORDER CONTAINED IN RESOLUTION No. 155-05 AND APPROVING A REVISED CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH APAC-ARKANSAS, INC., McCLINTON- ANCHOR DIVISION REDUCING THE CONTRACT AMOUNT BY $278,481.85. 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 rescinds the Change Order contained in Resolution No. 155-05, and approves a revised Change Order to the construction contract with APAC- Arkansas, Inc., McClinton -Anchor Division reducing the contract amount by $278,481.85. A copy of the revised Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 6th day of September, 2005. FAYETTEVILLE: ATTEST: %i;,NGT014 0`� By: NH/ Clerk SOD A SMITH, City CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: West Side GA Apron Improvements OWNER: City of Fayetteville (Airport Department) CONTRACTOR: APAC-Arkansas Inc.. McClinton Anchor Division The following changes are hereby made to the CONTRACT DOCUMENTS: 1 August 4. 2005 August 2, 2005 1. Adjust the scope of the project to delete the West 165 feet of the Apron and adjust the quantities and several unit prices for the project as detailed on the attached page 2 of this Change Order. Deduct a cost of $ 278,481.85 from the contract. Justification: 1. The project funding by the FAA has been reduced for the second year of the funding cycle, thereby requiring the apron project to be constructed in two phases. This Change Order removes the work in Phase II from the project. CONTRACT PRICE prior to this Change Order: Decrease in Contract Price: Revised CONTRACT PRICE Including this Change Order: Final Completion Time Prior to This Change Order: Net Time Change Resulting From This Change Order: Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. $_1.165.206.00 $_(278.481.85) $ 886,724.15 150 Calendar Days 0 Calendar Days Approvals Required: To be effective this Order must be approved by the Owner if it changes the scope or objective or the PROJECT, or as may otherwise be required by the GENERAL CONDITIONS. Requested by: Recommended by: Approved by: J:\2oo5\o5212Tcorrestc-order-1.wpd Page 1 CHANGE ORDER NO. 1 PRICING Revised Phase I, West side GA Apron Improvements Fayetteville Municipal Airport AIP Project 3-05. 020-034-2005 August 3,2005 MCE Project No. FY052127 Item O Description BID Oty. Unit MCClln ton-Mcha Division, APAC.Arkanam, Inc., BID REVISED Revised Bid Revised Unit Price Extended Bid O . Unit Price Extended I Mobir2atien 80emoMlhaton 1 LS $56000.00 *56.000.00 1 $56,000.00 $56000.00 2 T son Removal an Quntl 530 CY $3,710.00 380 7.00 660.00 3 unclassified Excavation Ran Quantity) 11600 CV JflQ0 127800.00 8200 B2 $91840.00 4 Embankment from Excavation Plan OusnuM 1050 CV $6.25 $8562.50 775 6.25 5484375 5 Selnct Borrow Embankment (Man Ouantl 8940 CV $16.85 $116,939.00 4690 $16.85 $78026.50 6 topsoil Re ecement Ran Quantity) 2040 CY $28.00 157,120.00 1,440 528.00 $40320.00 7 Undercut and Embankment Backaf 1,500 CY 1j9P 331500.00 1000 $21.00 $21,000.00 8 Sol Siabitaatlea FaSic 7 SY 1.60 $12,000.00 4500 1 $7,200.00 9 Slaw Bale Banc 150 IF 2le $315.00 105 210 S22D.50 10 Rlter Fabric Garner 600 LF .38 504.00 600 54.38 12626.00 11 Crushetl Aote Base Course 4250 TN 16.50 $78,625.00 2656 19.00 554,264.00 12 7 -Inch PoNand Cement Concrete Pavement 9215 SY $31.00 $340,955.00 6132 0.95 $251,105.40 13 Aaon Joint Sealant I IS $21000.00 521000,00 1 •j14070.00 514,070.00 14 4 -Inch M alt Binder T e 1I 40 TN 78.00 $3120.00 40 $78.00 120.00 15 2 -Inch As alt Su,face.Ti,e 1I 20 TN 119.00 $2,360.00 20 $119.00 $2,380.00 16 Connote Curb end Cults 126 LF $30.00 $3780.00 126 30.00 700.00- 17 Hands Rams MIlD TyDe 3 2 EA $960.0 $1,920.00 2 $960.00 $1920.00 18 18 -moil RCP Class in Wan B 560 IF 64.00$3M40.00 390 $64.00 524,960.00 19 6 -Inch PVC Sch 80 R e 182 LF $42.00 $7,644.00 0 LOGO $0.00 20 Grate pilot 4 EA $8000.00 $24,000.00 2 L2Q $12,000.00 21 Jundlon Box 2 EA 200.00 18,400.00 2 .00 $6400.00 22 Ct.tl&etovoratthnflpe I LF Jiaa $4150.00 0 $0.00 $0.00 23 Rdcenslmcl fbi Too to Grate Inlet i EA 000.00 000.00 1 000.00 $4,000.00 24 a Undordraln 8 200 LF 122 $2,000.00 10 10.00 $1,600.00 26 Solid Soddi 20 SY 0.30 $206.00 10 10.30 10300 26 Seedina, Fertflkhlp, and Multhinp 2.6 AC $2,000.00 15 ,200.00 1.8 $2000.00 $3,800.00 27 Taxfwa S(Yellow) 700 If $3.00 $2100.00 550 53.45 $1$97.50 28 Tax S Black Ou"Ine 1400 LF $3.00 .00 1100 45 $3,795.00 29 Trench end Excavation SaM, Sysiri I LS $6,125.00 1 38100.00 100.00 30 Remove Exisliz Chain Link Fence 710 LF $2.65 2023.50 710 Z $2,023.50 31 New 6' Chain Link Fence with Barbed Wire 760 LF jj9pQ 51/820.00 655 18.00 $1244500 32 ReloaeSfldN,oGatoandconttls I IS $3200.00 fl200.00 0 50.00 $0.00 33 Remove Curb and Gutter I IS 3500.00 500.00 1 $350.00 $3,500.00 34 Rnve Azphaft Pavement 205 1 LS $9,0.00 $9000.00 1 $9,000.00 $1,000.00 35 Remove Gravel Surface 4460 Sn I LS J49Q00 24000.00 1 jJQ,00 $19,460.00 36 Remove Contras Swam 72 S 1 LS 750.00 $750.00 1 7 .00 $750.00 37 Remove Cancels Block Bufldiro and Foundation 1 LS $2,740.00 52740.00 1 jJQ.00 $2740.00 38 Remove Owlex Pumt Station Badfill and Cap Face Main I I5 $6700.00 56700.00 I $6700.00 16,700.00 39 Raises SC bid System Mtenna toPump Sts. Sate of Terminal Bundm I IS $280.00 5260.00 1 $260.00 $260.00 40 Remove Ccncete inlet I IS $205.00 5205.00 0 $0.00 $0.00 41 Remove 12' I5' and 18• RCP 1 is $2,300.00 $2,300.00 1 $2,.00 $2,300.00 42 Remove Senile Senor Manholes 2 EA $250.00 $500.00 2 5250.00 5500.00 43 NwSanIary Manhole 6 EA $2,700.00 $16200.00 6 $2700.00 $10,200.00 44 8' SDR 26 PVC Sewer Pipe 1,140 LF 50.00 $57,000.00 1.140 5Q $57,000.00 45 Cmahed Slone Trench Baddlll 908 . TN 18.00 $17,252.00 908 18.00 $17,252.00 46 Cone. Cwt Removal and Repolr 40 LF $23.00 $920.00 40 Th $920.00 47 halt Drive Repair 545 SV $52.00 328,540.00 545 $52.00 $28,340.00 48 Phnit Partlnq Re 'r 100 SV 14.400,00 100 $44.00 $4400.00 49 ThIrd Party Insurance Coverage Rider Amount 1 LS 200.00 200.00 1 3200.00 5200.00 TOTAL BID $1165208-00 Change Ordarl Pace $$86.724.15 Reduced Project Cost . (5278,48185) .4owsa5212 p.att.., ran Peg e2 i U.S. Department of Transportation Federal Aviation Administration Cow GRANT AGREEMENT t , PART I - OFFER August 8, 2006 Date of Offer Fayetteville Municipal (Drake Field) Airport 3-05-0020-035-2006 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 May 19, 2006, for a grant of Federal funds for a project at or associated with the 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: Phase II: Construct West Side General Aviation Apron I all as_more particularly described in the Project Application. WHEREAS, this project will not be completed during Fiscal Year 2006; and the total United States' share of the estimated costs of the completion will be $278,456.00. 1 of6 FAA Form 5100-37 (10-89)-5100-38C a. 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 $128,456.00. 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: $278,456.00 for airport development 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. 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 15, 2006, 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)-5100-38C 2 of 6 1 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. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. FAA Form 5100-37 (10-89)-5100-38C 3of6 • I •e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 12. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 14. 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. FAA Form 5100-37 (10-89)-5100-38C 4 of 6 15. MULTI -YEAR GRANTS - LETTER OF AGREEMENT: The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United States' share of the total estimated cost of completion, except as provided in Section 47108(b) of the Act. Under Section 47108 of the Act, as amended, and at the Sponsor's request, the FAA commits the United States to obligate an additional amount to this project for FY -2007 pursuant to Section 47114 of said Act, and subject to the restrictions on the use of such apportionments now or hereafter imposed on FAA by statute now or hereafter enacted by any regulation. It is further understood by the parties that this commitment does not in itself obligate, preclude, nor restrict the FAA in the use of any funds made available for discretionary use under Section 47114 of said Act to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of the law. The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the Sponsor stating the current maximum obligation for this project. This letter will be issued to the Sponsor by FAA when such computation and obligation can be made in FY -2007. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and part of, this agreement. 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 (Title) FAA Form 5100-37 (10-89)-5100-38C 5 of 6 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this /t1$...— day of , 2006 City of Fayetteville (SEAL) c ; FAYETTEVILLE •• _ (Signature of Sponsor's Desig/at d Official Representativ 9s•gQ'kANSP. 2�� By: Dan Coody J //:,nGTON (Typed Name of Sponsor's Desi d Official Representative) Title: Mayor Attest: (Typed Title of Sponsor's Designated Official Representative) �-0� �r CERTIFICATE OF SPONSOR'S ATTORNEY I, �a i '(1 i B». i , 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 16 day of Lr flt- 2006. By Signature f Sponsor's Attorney) FAA Form 5100-37 (10-89)-5100-38C 6of6 APPLICATION FOR z. DATE SUBMITTED..- AFPk.xlaynaax. ' May 2006 FY052127 FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE ... SMIeArpuhm McMr Appiutbn ® Promplitmbn ❑ Construction a. DATE BY FEDERAL. AGENCY FMpnll utter. .. - - - - - - - - - Non-Conston ❑ Nonconstrudlrn O NomconsVuctlon �naCEIVE S A 3 �� _ . 3-05.0626' 35-2006 S. APPLICANT INFORMATION LegalNeme:__ Oranizational Unit: City of Fayetteville Department: Airport Department i 't Otganmatbnal uNs: ! 134 398993_ Div-isbn:_ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 - Emat: rboudreaux�dci.tayetteville.aLU5 6. EMPLOYER IDENTIFICATION NUMBER'EIM:: _phone number (give area code): FAX number (give area code)_ --- F71-1- 6 0 1 6 4 6 2 - 476-718-7642 479-718.7646 B. TYPE OF'APPLIGTION- TYPE OFN'PLIDANT LSee back of Iwm For Application Types) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-7. ®i Ne_w_ � Comimauon ❑'Rev6bn _ _ _ _ . - Other 3 if - (pet (fee bogas7I 1111111 eor dpdamion AGENCY==_ - bacAfloor ofleb ($ee beck of lomlMdacdpWnol lanes) �_ _� _-B..NAMEOF_FEDERAL - - FAA SW Region other (me hk) 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER -Phase 11 of the West Side ia2IIEraI AVlation A On _ 2 0 1 0 6 Improvements TIRE: ! 12. AREAS AFFECTED BY PROJECT (Giles, awntbx MateA'etc): Washington County, Arkansas 13. PROPOSED PROJECTI 14. CONGRESSIONAL DISTRICTS OF, Stan Date Ending Date a. Applicam b. Project Sept 2005 July 2006 Third Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . EXECUTIVE ORDER 12372 PROCESS a. Y. O THIS PREAPPLICATIOWAPPLIGTION WAS MADE P a. Federal s $278 -456 z AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 I' PROCESS FOR REVIEW ON b. Applicant $ DATE: b. No. O PROGRAM IS NOT COVERED BY E. 0. 12372 State $ $14; 655 d. Local S O OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR e. Other $ REVIEW I. Program Income $ go17. iS THE APPLICANT DELINQUENT ON ANYFEDERALPEBT7 --_ Dyes NYei attach an emlanadon ® ' 9. TOTAL $ $293, 111 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a, AulhorizodReprosentalSel Prefix Mr. I First Name Dan Last Name Coody Suffix b. Title Mayor c. Telephone number (give area code) 479-575-8330 d. Signature of Authorized Repr a e. Date Signed Pre.iota Editbr Not Usable / W' 1 / omnamv r,nm na. Iner.o-a„a) Authorized for Local Repmduttfan 1Y/ Presurgical by OMB Ckmdm A-102 Comment Date Application submitted to Federal agency (of Slide if applicable). Comment Applicant's control number Comment Select type of submissicm Comment Sum u¢only (i[ ` applrubk) ' Comment State use baly Of applicable) Comment If this application is a continuation or revision to an existing award, enter the press I Federal idenufier number. If for anew project. have blank. '-I :Comment EnterDate received by Federal Agairy. organizational ctivity will uvctcndke the usutmce aNviry - CommenC Enter legal name of ' applicant - Comment. Enter the organization's DUNS number (received from Du } Comment Enter Employer Idenuratlon number (UN) is a' .. 121 Comment Check appropriate boa and enter opperepnateleaer(s) in the .. 3 Comment Li ewuI tye B.Counry tC.MUaic'tpal D.Towuship E.In 141 'Commait'-IINews a' meansew', :assistance - Comment _ ContmUotion^ means so:." eateosion form additional -Cerriment = Revision' mean my cM1etge m deral Governinea 6 Coinmrnt Us eppropmg'dp-0 roown seladon, enmi the natelonerin.tne 171 J , t COmment A. '(Decrease Award omen.Na It °, `ONLY ifnot inducted N shovelistg.: ' Comment Already 'completed ..'. Comment Evtaa Lief deicnpnve '[Etta of thepro)cct if morethen .-1C t Commaic Note of flog raot cu. I, I.'; :Airportlmprovemat Progrero) a' Comment Self-txl Comment List the t' 'Congrelsimael Drama C.Ginment Andiron tobe coouibuteddii Comment Applict the State SinglePom or . U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 L PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X No Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes _No Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Item 5. Is the proposal project covered by an approved comprehensive plan? Yes X No Item 6. Will the assistance requested serve a Federal installation? Yes X No Item 7. Will the assistance requested be on Federal land or installation? Yes Item 8. Will the assistance requested have an impact or effect on the environment? Name of Governing Body Primary Rating Name of Agency or Board (Attach Documentation) (Attach Comments) Name of Approving Agency Date Check one: State o Local o Regional o Location of Plan Name of Federal Installation Federal Population benefiting from Project Name of Federal Installation Location of Federal Land X No Percent of Project _Yes X No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? Yes X No Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instruction for additional information to be provided nber of: Individuals. Families. Businesses. Farms. See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 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 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 (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 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 293,111 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 293,111 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) 293111 20. Federal Share requested of Line 19 278,456 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 23. Grantee share 0 24. Other shares (Ark Dept of Aeronautics) 14,655 25. Total Project (Lines 22, 23 & 24) $ $ $ 293,111 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 - Page 4 OMB NO. 80-R0184 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION SECTION C - EXCLUSIONS Classification Ineligible for 1 Excluded From Contingency genccy Provision (2) a. $ $ b. C. d. C. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) 0 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 28. Other Shares a. State (Ark Dept of Aeronautics 14,655 b. Other c. Total Other Shares 14,655 29. TOTAL $ 14,655 SECTION E - REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES. FAA FORM 5100.1- PAGES 1 THRU 7 Page 5 PART IV PROGRAM NARRATIVE STATEMENT PHASE II, WEST SIDE GA APRON IMPROVEMENTS FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The proposed improvements are located at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of these improvements is to provide additional apron for GA aircraft parking and apron for future Corporate Hangars, in accordance with the ongoing Master Plan Update, as at numerous times the apron for the FBO parking is full of aircraft. This apron area will provide additional GA Aircraft Parking and access to the future Corporate Hangars around part of this apron. C:\DOCUME-1\JNICHO-1\LOCALS--1\TEMP\NARRATIVE-05-06DoC 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 duringwhich 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 May CITY OF FAYETTEVILLE (Sponsor Da oody Ma o_ _ (Title) • Page 2 of 2 CORIIIIQIIG It dole araigvalurc.. . Comment This line mustbearonsivd sgnammofautbusbit•ofrmial. - 'Comment ltis ime must bear onglnal signmum bfnmtoiiud Official. PART V ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor' means a public agency with control of a public -use airport; the term "private sponsor' means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3. 5. 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sed.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sec. d. Hatch Act -5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601. et seq.1 2 I. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, el sea. 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 sea.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 L Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.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. Airport Assurances (3/2005) V-1 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.1 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.1 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).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity. Department of Labor (Federal and federally assisted contracting requirements).1 h. 49 CFR Pan 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.1 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 benefiting from Federal financial assistance.1 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.t Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws; regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. 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 ad 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 that are not to be paid by the United States. It as 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. 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. Airport Assurances (3/2005) V-2 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 Slates 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 that are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. F. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to 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. 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 carded 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 1964. 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 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. Airport Assurances (3/2005) V-3 a' 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. IS. 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 Secretaryand 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 sponsors employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitablyoperate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily dose the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. 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 terminalairspace 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. Airport Assurances (312005) V-4 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, 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 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 carder 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 far 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 operators 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. Airport Assurances (312005) V-5 c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duty 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, 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 that are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested. by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary: or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this'grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for Which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land when the land is no longer needed for such purposes at fair market value at the earliest practicable time. That portion ,of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) Be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project, as prescribed by the Airport Assurances (3/2005) V-6 Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes. dispose of such land at fair market value or make available to the Secretary an amount equal to the United Statesproportionate 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. c. Land shall be considered to be needed for airport purposes under this assurance if (a) It may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels and safety associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 711105 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 USE 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). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owners expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose 39. Competitive Access. - a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Assurances (3/2005) V-7 -4 - 4 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS NDMBEN t'.SY -, ,a N ! b .`. "' '.�wWFt�ta..,�. . 7^`. +w t t't L .L:Lt M1r1� :i'� ?� ��., C 4 4Tyi f `ti;2 70/7450 -land Cho e I Obstmcion Marking and Lighting 15015000.13 Announcement of Avalladlity—RTCA Inc. Document RTCA-221. Guidance and Recommended Requirements brAhport Surface Movement Sensors_ 1505100.15A Civil Rights Requirements For The Airport Improvement Program 1505U70 -6A AJtpotl Master Plans 15051905 and Change 1 Exclusive Rights and Minimum Standaros for Commercial Aeronautical Actwitles 150/5200-288 Notices to Airmen (NOIAMS) for Airport Operators 150/521058 Painting, Marking and Ughting of Vehicles Used on an Atrpdn 150/5216]C Aircraft Fire and Rescue Communications 150/5210136 Water Rescue Plans, Facuties, and Equipment 150521014.1 Aitpart Fire and Resciro Personnel ProtectiveClothing 1505210.15 Airport Rescue & Firefighting Station Building Design 150/521018 Systems for Interactive Training of Airport Personnel 15015210.19 Drivels Enhanced Vision System (DEVSI 15015220-48 Water Suonly Systems for Aircaft Fire and Rescue Protection 150/5220a0C Guide Soecficatton for Water/Foam Tyoe Aircraft Rescue and Firefwhuno Vehiess 150/5220.138 Runway Surface Concition Sensor Specification Guide 1505220-16C Automated Weather Obserwno Systems for Nonfederal Aaplicalions 1505220-I]A and Change I Design Standards for Altoaft Rescue Firefiohtina Training Facilities 1505220.1E Buildings for Started and Maintenance of Airoort Snow and Ice Control Eauiomenl and Materials 1505220.19 Guide Solidfication for Small, Dual -Agent Aircraft Resale and Firefbhtmg Vehicles 1505220-20 and Change 1 Airoort Snow and Ice Control Eguioment 1505220.218 Guide Soeefication for Lifts Used to Boats Airline Passengers With Mobility Impairments 150/5220-22 and Change I Engineered Materials Arresting Systems (EMAS) for Alroah Overruns 150/5300.13 and Changes I through 6 Alroon Design 150/5300-14 and Changes 1 and 2 Design of Aircaft Deidno Facilities 150/5320.59 Airoort Orainane 150/5320-60 and Changes I Iluou h 3 Aimon Pavement Design and Evaluation 150/5320- 12 0 and Changes I through 6 Measurement Construction, and Maintenance of Skid Resistant Aimon Pavemem Surfaces 1505320-14 Airoort landscaoinc for Noise Conwi Pumoses 150532015 and Change I Manaoemem of Almon Industrial Waste 150/53201] Airfield Pavement Surface Evaluation and Rating (PASERI Manuals 150/5325-4A and Change 1 Runway Length Requirements for Airport Design _ 150/5335.5 and Change I Standardized Method of Reoortino Pavement Strength PCN 150/5340-1J Standards for Airoorl Markings 150/53n0.5B and Change I Segmented Circle Airport Marker System 15015340.1 BD 150/534019 Standards for Aimorl Sion Systems Taxiway Centerline Ughting System 15053453E Specification for L821 Panels for Remote Control of Airport Ughting 1505345 -SA Cireui Selector Switt 15053457E Specification for L824 Underground Electrical Cable for Atmorl Ughting Circuits 1505345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Soedfiatlon for Admen and Helioorl Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Aimon Liahtino Circuits 15015345.250 Specification for L823 Plug and Receptacle, Cable Connectors 1505345-270 Specification for Wind Cone Assemblies 150/5345-26F Precision A road) Path Indeator PAPI) Systems 150/5345.399 and Change' FAA Specification L853. Runway and Tasiway Centerline Reap refleave Matta 15005345-420 Specification for Airport Light Bases, Transformer Housings. Junction Boxes and Accessories 150/5345-43E Soecifiation for Obstruction Lighting Eauiomens 15W5345 -44G Specification for Taxiway and Runway Sins 15W5345 -45A Lightweight Aooroecn Light Structure 150/5345-460 Specification for Runway and Taxway Ugh' Fixtures 15015345-4].1 Isolation Transformers for Airport Ughting Systems 1505345-49A Specification 1854. Radio Control Eguioment Airport Assurances (3/2005) V-8 a 5 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 15015345-50 and Change I Specification for Portable Runway Lights 1 50/5345 -Si and Change I Specification for Distharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslooe Indicators fGVGI) 15015345.538 Airport Uohtino Eauiment Cenification Freemen 1505345-54A and Change I Soeofcation for L-1884 Power and Control Unit for Land and Hold Short 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closum 150/5360-9 Planning and Design of Airport Terminal Faalties at NonHub Locations 150/5360-Il Energy Conservatgn for Arden Buldings 150/5360120 Arden Signing & Graphics 1501536013 and Change I Planning and Desgn Guidance for Airport terminal Facilities 150153702E Coerational Safety on Avoods Dunne Consuudion 15015370108 Standards fors c Conslrucion of Airports 1501537013 Oft -peak ConstmGion of Airport Pavements Using Hot -Mix Asphalt I5015380 -6A Guidelines and Procedures for Maintenance of Airport Pavements 15015380.7 Pavement Management System 150/5380.8 Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements 150539028 Heliport Design 150/5390-3 VenipOrt Design 1505395-t Seaplane Bases 150/520030 Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airoons 150/530015 Use of Value Engineering for Engineering Design of Airport Grant Projects 1 5 015 3 701 1 Use of Nondestructive Testing Deuces in the Evaluation of Airport Pavements 150537012 Quality Control of Construction for Airport Grant Projects 150/5370-a lConsucton Progress and Inspection ReportAiryon Grant Program THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY NUMBER' ,.,-;a„+ ,aa;r. nni; r -r.: i•F .. -.. ,.p: •c: .s'- 150/5100.140 Artitectural, Engineering, and Planning Consultant Services for Alroo t Grant Projects 150/510015A Civil Rights Requirements For The A'vport Improvement Program 150/5100-17 and Changes 1 through 4 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5190 -Sand Change 1 Exclusive Rights and Minimum Standards for Commeraal Aeronautical Activities 15015200.30A and Changes 1 mrougn 6 Airport Winter Safely and Operations 150/5200-33A Hazardous Wildlife Attractants on or Near Airports 150/530015 Use of Value Engineering for Engineering Design of Airports Grant Projects 150/532017 Airfield Pavement Surface Evaluation and Rating (PASERI Manuals 150/536011 Energy conservation for Airport Buildings 150/53706B Constnc0on Progress and Inspection Report —Airport Grant Program 150/537011 A Use on Nondestructive Testing Oedces in the Evaluation of Airport Pavements 150/537012 Quality Control of Construction for Airport Grant Projects 150/5370-13 of -peak COnsttcnon of Airport Pavements Using Hot -Mix Asphalt 150/53807 Pavement Management System 1505380-8 Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY '.,v "< �• x.vY-� 1�NUMBER i+0., n. s.. i'o. .. F:'[Y.. ` .. ": 1iv4 a TfRFt .. �`..3w .en t'.^'•._ -;,t-•-. {� -a'�v, 1501500012 Pnnouncemont of Availability —Passenger Featly Charge (PFC)Aoplication (FAA Farm 55001) Airport Assurances (3/2005) V-9 'Sx& aT, STATE OF ARKANSAS oe ksq•tpgoa�ob DEPARTMENT OF AERONAUTICS r� c,#x i' Little Rock National Airport • One Airport Drive • 3rd Floor "'a� "6� Little Rock, Arkansas 72202-4402 Telephone: (501) 376-6781 • Fax: (501) 378-0820 C MIKE HUCKABEE June 14, 2006 EMGHT GOVERNOR CTOR Syr Commissioners Mr. Ray M. Boudreaux, Director CE Darryl Riddell Aviation & Economic Development West Helena Fayetteville Municipal Airport J U 06 Marion Burton 4500 South School Avenue, Suite F Little Rock Fayetteville, Arkansas 72701 At. Dr. Gene lines Little Rock Dear Mr. Boudreaux: Gary Jackson Rogers The Arkansas Aeronautics Commission in their meeting of June 14, 2006 approved a State -Don Ruggles Airport Aid Grant in the amount of $300,000.00 to construct hangar for aviation Texarkana business/industry at the Fayetteville Municipal Airport. (50-50%) Lindley Smith Jonesboro Your grant has been assigned a number for identification purposes. Please use 2320-06 as Ken Johnson your grant number when corresponding with our office concerning your project. You should Pine Bluff advise the Director of this office if you find you will not be able to complete the project for the amount approved. An amendment request for the project may then be acted on at the next Commission meeting. The Commission will not be responsible for any additional project costs unless the sponsor has received notification in advance. The Commission has asked that we call your attention to Page Three (3) of your application for State Airport Aid. You agreed, when the application was submitted to start the project within three months after approval or the grant would be null and void. The next to the last paragraph requires that the project be completed within one year unless it is partially funded by the Federal Aviation Administration (FAA). Please advise if circumstances beyond your control prevent the completion within the allotted time, otherwise, the grant may be canceled. Payment of this grant may be made on completion of the project. Please request payment of this grant in writing and include your documentation for the project at that time. Sincerely, John K. Knight Director JK/cb Nele = 4t4 SeAI m Cl coq--- / ,r � �Q 1-'-- ; STATE OF ARKANSAS DEPARTMENT OF AERONAUTICS Little Rock National Airport • One Airport Drive • 3rd Floor Little Rock, Arkansas 72202-4402 Telephone: (501) 376-6781 • Fax: (501) 378-0820 MIKE HUCKABEE August 9 2006 JOHN K. KNIGHT GOVERNOR , DIRECTOR RECE�VE® Commissioners Mr. Ray M. Boudreaux, Director Aviation & Economic Development AUG 142906 Darryl Riddell Maesi Helena Fayetteville Municipal Airport q n 4500 South School Avenue, Suite F AIRPORT Marion Burton Little Rock Fayetteville, Arkansas 27701 Dr. Gene lines LiWe Rock Dear Mr. Boudreaux: Gary Jackson Rogers The Arkansas Aeronautics Commission in their meeting of August 9, 2006 approved a State Don Ruggles Airport Aid Grant in the amount of $300,000.00 for construction of a hangar for business Texarkana aviation at the Fayetteville Municipal Airport. (50-50%) Lindley Smith Jonesboro Your grant has been assigned a number for identification purposes. Please use 2345-06 as Ken Johnson your grant number when corresponding with our office concerning your project. You should Pine Bluff advise the Director of this office if you find you will not be able to complete the project for the amount approved. An amendment request for the project may then be acted on at the next Commission meeting. The Commission will not be responsible for any additional project costs unless the sponsor has received notification in advance. Pas ,,i,u ,' . . pfl .k ¶',?' , TuIti $ IP 'jjh :. • ________ 1 11 1 11 1 ❑ :q - � 7 f _____ __________ ..1 • ____ _______ . 1 : a it1. cs Payment of this grant may be made on completion of the project. Please request payment of this grant in writing and include your documentation for the project at that time. Sincerely, John K Knight Director JK/cb