HomeMy WebLinkAbout94-08 RESOLUTIONRESOLUTION NO. 94-08
A RESOLUTION TO APPROVE AN APPLICATION FOR
FEDERAL ASSISTANCE AND AN ARKANSAS
DEPARTMENT OF AERONAUTICS MATCHING GRANT TO
HELP FUND TASK ORDER #3 IN THE AMOUNT OF
$128,337.00 OF THE TOTAL TASK ORDER COST OF
$158,700.00 AND TO ACCEPT THE GRANTS WHEN
AWARDED
WHEREAS, the FAA and the Arkansas Department of Aeronautics are providing the
major funding for the Runway 16 RSA Improvement Project; and
WHEREAS, the City needs to complete its applications to the FAA and Arkansas
Department of Aeronautics to receive funding for the early stages of the Highway 71 relocation
project.
NOW, THEREFORE, 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
the Application for Federal Assistance (attached as Exhibit A) and authorizes Mayor Coody to
sign said application and further authorizes his execution of an application to the Arkansas
Department of Aeronautics for its matching grants for this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the acceptance of the grants when awarded.
PASSED and APPROVED this 6th day of May, 2008.
APPROVED: ATTEST:
By:
DA COODY, Mayor
BY: Polik.att40
G\ S
r-.°b1Y 0,C°.Lpy.}l.
•
EAYETTEVILLE;
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes X No
Name of Governing Body
Primary Rating
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Name of Agency or
Board
Yes X No (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 X No
Name of Federal Installation
Federal Population benefiting from Project
Item 7. Name of Federal Installation
Will the assistance requested be on Federal land Location of Federal Land
or installation?
Yes X No Percent of Project
Item 8.
Will the assistance requested have an impact or effect
on the environment?
Yes X No
See instruction for additional information to be
provided
Item 9.
Will the assistance requested cause the displacement of
individuals families, businesses, or farms?
Yes ' X No
Number of:
Individuals.
Families.
Businesses.
Farms.
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes X No
See instructions for additional information to be
provided.
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2
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U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
J
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of
Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended.
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government
relative to the development,.operation, or maintenance of any airport, except as stated herewith:
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used
as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which
areas arc identified on the aforementioned property map designated as Exhibit "A":
The Sponsor holds fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for
Tracts A and B were approved under previous projects. Status has not changed since approval.
Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D,
E, and H.
State character of property interest in each area and list and idents for each alt exceptions, encumbrances, and adverse interests of every kind
and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers'shown on the
property map.
FAA Form 5100-100 (4-76) Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
PART II - SECTION C (Continued )
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above interests.
(h) 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 identifyfor 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
2. Functional or Other Breakout
20.106
-
SECTION B -CALCULATION OF FEDERAL GRANT
Use only for revisions
Total
Amount
Required
Cost Classification
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
$
$
$ 800.00
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
135,100.00
5. Other Architectural engineering fees Surveys
22,800.00
6. Project inspection fees
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
158,700.00
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) -
158,700.00
20. Federal Share requested of Line 19
21 Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
121,920.00
23. Grantee share
30,363.00
24. Other shares (Ark Dept of Aeronautics)
6,417.00
25. Total Project (Lines 22, 23 & 24)
$
$
$ 158,700.00
FM Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7
Page 4
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. B0 -R0184
FAA Form 5100-100 (6-73) SUPERSEDES FM 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
$ 30,363.00
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
$
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
30,363.00
28. Other Shares
a. State (Ark Dept of Aeronautics)
6,417.00
b. Other
c. Total Other Shares
29. TOTAL
$6,417.00
SECTION E — REMARKS
Standard DOT Part V Assurances:
Title IV Assurances, Dated: July 2005
Exhibit A, Dated: June 1991
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (6-73) SUPERSEDES FM FORM 5100-1- PAGES 1 THRU 7
Page 5
K:\DRA'�E FlRDyn c\0RA P.DWG,4/16/2UW 11:21:11 MI, Wayne
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PART IV
PROGRAM NARRATIVE STATEMENT
PHASE I, RUNWAY 16 SAFETY AREA
FAYETTEVILLE MUNICIPAL AIRPORT
FAYETTEVILLE, ARKANSAS
The proposed project is located at Fayetteville Municipal Airport, Drake Field,
Fayetteville, Arkansas The objective of the project is to provide a clear extended
Runway Safety Area for Runway 16, in accordance with the recently completed Master
Plan Update (2008).
1. This first Phase of the project includes the alignment study for the
relocation of US HWY 71 and Lancaster Drive from within the Runway 16
Safety Area, including survey work for design and Right -of Way
determination.
2. The first Phase also includes the Environmental Assessment for the
relocation of the roadways and stream adjustments required to provide a
clear extended Runway Safety Area for Runway 16.
C:\DOCUME-1\RBOUDR-2\LOCALS-1\TEMP\TEMPORARY DIRECTORY 8 FOR FAA APLICATION-04-16.ZIPWARRATIVE-04-
16.DOC
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.
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 seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201 et seq.
d. Hatch Act - 5 U.S.C. 1501 et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601 et seq.' 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f))
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 seq.
Clean Air Act, P.L. 90-148, as amended.
1. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101 et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C: 4151 et 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 seq.'
t. Copeland Antikickback Act - 18 U.S.C. 874.'
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 et seq.'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501 et seq.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order
Executive Order
Executive Order
Executive Order
Executive Order
Building
Executive Order
Federal Regulations
11246 - Equal Employment Opportunity'
11990 - Protection of Wetlands
11998 — Flood Plain Management
12372 - Intergovernmental Review of Federal Programs.
12699 - Seismic Safety -of Federal and Federally Assisted New
Construction'
12898 - Environmental Justice
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public
work financed in whole or part by loans or grants from the United States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non -construction contracts subject to the Contract Work Hours and
Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs.' 2
L
Airport Assurances (9/99)
2
m. 49 CFR Part 26—.Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and
activities receiving or benefitting from Federal financial assistance)
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug-free workplace
(grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction)
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
A-133 - 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 applicant's
governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as
may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this application,
including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as
may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant agreement which it will own or
control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to
the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
Airport Assurances (9/99)
b. For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to
the Secretary that good title will be obtained.
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 ofothers which would interfere with such performance
by the sponsor. This shall be done in a manner acceptable to the Secretary.
It will not sell, lease, encumber, or otherwise transfer or dispose of any part of
its title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions,
and assurances in the grant agreement without approval by the Secretary. If •
the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of the grant agreement and to have the
power, authority, and financial resources to carry out all such obligations, the
sponsor shall insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and assurances
that would be applicable to it if it applied directly to the FAA for a grant to .
undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to
enforce this agreement against the local government if there is substantial non-
compliance with the terms of the agreement.
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.
Airport Assurances (9/99)
4
7. Consideration of Local Interest It has given fair consideration to the interest of communities
in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project
under Title 49, United States Code, it has undertaken reasonable consultations with affected
parties using the airport at which project is proposed. -
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway extension, it has afforded the opportunity for public hearings for the•purpose of
considering the economic, social and environmental effects of the airport or runway location and
its consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of such
hearings to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has advised the
communities that they have the right to petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project is
located to certify in writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards. In
any case where such standards have not been approved and where applicable air and water
quality standards have been promulgated by the Administrator of the Environmental Protection
Agency, certification shall be obtained from such Administrator. Notice of certification or refusal
to certify shall be provided within sixty days after the project application has been received by
the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,
for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance -management program and it assures
that it will use such program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the airport. It will provide such reports on pavement
condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a
public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section 44706
of Title 49, United States Code, and all the security equipment required by rule or regulation, and
has provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
It shall keep all project accounts and records which fully disclose the amount
and disposition by the recipient of the proceeds of the grant, the total cost of the
project in connection with which the grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and
such other financial records pertinent to the project. The accounts and records
shall be kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the purpose of
audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to the grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection with
which the grant was given or used, it shall file a certified copy of such audit with
Airport Assurances (9/99)
5
the Comptroller General of the United States not later than six (6) months
following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-
Bacon Act, as amended (40 U.S.C. 276a 276a-5), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the
grant agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and supervisory positions), preference
shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112
of Title 49, United States Code. However, this preference shall apply only where the individuals
are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the protect 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.
It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
It will make such material available for examination by the public, and agrees
that no material prepared with funds under this project shall be subject to
copyright in the United States or any other country
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.
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 maybe required or prescribed by applicable
Federal, state and local agencies for maintenance and operation. It will not
cause or permit any activity or action thereon which would interfere with its use
for airport purposes. It will suitably operate and maintain the airport and all
facilities thereon or connected therewith, with due regard to climatic and flood
conditions. Any proposal to temporarily close the airport for non -aeronautical
purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements
for -
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use
of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood or
other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the sponsor.
It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been e*pended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the
adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including landing
and takeoff of aircraft. In addition, if the project is for noise compatibility program
implementation, it will not cause or permit any change in land use, within its jurisdiction, that will
reduce its compatibility, with respect to the airport, of the noise compatibility program measures
upon which Federal funds have been expended.
21. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
Airport Assurances (9/99)
7
activities, including commercial aeronautical activities offering services to the
public at the airport.
In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct
or to engage in any aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions requiring the
contractor to -
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis
to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed -based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.,
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.
9.
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.
The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport
or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
Airport Assurances (9/99)
8
paragraph, the providing of the services at an airport by a single fixed -based operator shall not
be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services,
sale of aviation petroleum products whether or not conducted in conjunction with other
aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other
activities which because of their direct relationship to the operation of aircraft can be regarded as
an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made under Title 49, United States
Code,. the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport
and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates,;and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airportsystem; or other local facilities which
are owned or operated by the owner or operator of the airport and which are directly
and substantially related to the actual air transportation of passengers or property;
or for noise mitigation purposes on or off the airport. Provided, however, that if
covenants or assurances in debt obligations issued before September 3, 1982, by
the owner or operator of the airport, .or provisions enacted before September 3,
1982, in governing statutes controlling the owner or operator's financing, provide for
the use of the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the airport owner or
operator's general debt obligations or other facilities, then this limitation on the use
of all revenues generated by the airport (and, in the case of a public airport, local
taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor
will direct that the audit will review, and the resulting audit report will provide an
opinion concerning, the use of airport revenue and taxes in paragraph (a), and
indicating whether funds paid or transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49, United States Code and any other
applicable provision of law, including any regulation promulgated by the Secretary or
Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance
in accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
Airport Assurances (9/99)
9
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances of
the grant agreement including deeds, leases, agreements, regulations, and other
instruments; r 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.
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.
For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land is no longer needed for such purposes, at fair
market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition
of such land will, at,the discretion of the Secretary, 1) be paid to the Secretary
for deposit in the Trust Fund, or 2) be reinvested in an approved noise
compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which
is proportionate to the United States' share of the cost of acquisition of such
land will, (a) upon application to the Secretary, be reinvested in another eligible
airport improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (b) be paid to the Secretary for deposit
in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including runway
protection zones) or serve as noise buffer land, and (b) the revenue from interim
Airport Assurances (9/99)
11
uses of such land contributes to the financial self-sufficiency of the airport.
Further, land purchased with a grant received by an airport operator or owner
before December 31, 1987, will be considered to be needed for airport purposes
if the Secretary or Federal agency making such grant before December 31,
1987, was notified by the operator or owner of the uses of such land, did not
object to such use, and the land continues to be used for that purpose, such use
having commenced no later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land
will only be used for purposes which are compatible with noise levels associated
with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related services
with respect to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative Services Act of
1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the
airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying fair
and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to the
advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 7/1/99 and
included in this grant, and in accordance with applicable state policies, standards, and
specifications approved by the Secretary.
35. Relocation and Real Property.Acquisition. (1) It will be guided in acquiring real property, to
the greatest extent practicable under State law, by the land acquisition policies in Subpart B of
49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified
in Subpart B. (2) It will provide a relocation assistance program offering the services described
in Subpart C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable
period of time prior to displacement, comparable replacement dwellings to displaced persons in
accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent
practicable, intercity buses or other modes of transportation to have access to the airport,
however, it has no obligation to fund special facilities for intercity buses or for other modes of
transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT -assisted contract or
in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference
in this agreement. Implementation of this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved program, the Department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9/99)
12
STANDARD DOT TITLE VI ASSURANCES
City of Fayetteville (hereinafter referred to as the Sponsor) hereby agrees that as a condition to
receiving Federal financial assistance from the Department of Transportation (DOT), it will
comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all
requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964
(hereinafter referred to as the "Regulations") to the end that no person in the United States shall,
on the ground of race; color, or national origin, be excluded from participation in, be denied the
benefits of, or. be otherwise subjected to discrimination under any program or activity for which
the applicant receives Federal financial assistance and will immediately take any measures
necessary to effectuate this agreement. Without limiting the above general assurance, the
Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted
or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment I 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 April , 2008
CITY OF FAYETTEVILLE
(Sponsor)
Page 2 of 2
Ray M. Boudreaux
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
5/6/2008
City Council Meeting Date
Aviation & Economic Development
Division
?i b,vntt4c9Ks
raMj
General Government
Department
Action Required:
n Required: Signature of Mayor, Application for Federal Assistance DOT/FAA. Resolution to approve AR Dept.
nautics match grant application and approve acceptance of grant funding, including future amendments, from
agencies.
REVENUE
$ 128,337.00
Cost of this request
555.0955.6803.00
5555.0955.6820.36
• Account Number
07039
Project Number
Budgeted Item
UPdId II u l 111 leiII UIIGUWI /
City Attorney
183,700.00
Correct RW1 6 RSA
Program Category / Project Name
$ 157,900.00 Airport Revenue
Funds Used to Date
$ 25,800.00
Remaining Balance
Budget Adjustment Attached
Date
Date
Program / Project Category Name
Airport
Fund Name
Previous Ordinance or Resolution # 204-07
Original Contract Date: 12/04/07
Original Contract Number: 917
City Council Meeting of: May 6, 2008
Agenda Item Number:
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor and City Council
THRU: Staff/Contract Review Committee
FROM: Ray M. Boudreaux, Director, Aviation and Econ c Development
DATE: November 16, 2007
SUBJECT: Approval of City Council for Aviation and Economic Development
Department application and acceptance of FAA AIP Grant funding and
Arkansas Department of Aeronautics Matching Grant funding to pay for
Task Order #3, Runway 16 Safety Area Improvements, with McClelland
Consulting Engineers for the Preliminary Alignment Study for highway 71
and Ernie Lancaster Rd. and the Environmental Assessment for the project.
RECOMMENDATION: Approve application and acceptance of FAA/AIP and Arkansas Aeronautics
Grants to fund Task Order #3 in the amount of $121,920.00 in Federal Funding and $6,417.00 in
State Funding. The remainder if the funding will be available in the next Federal Funding Year.
later this year. Total project amount is $158,700.00 and is the first phase of many to complete the
Runway 16 RSA Improvement Project
BACKGROUND: The City Council approved the project at their December meeting but the funding
line had not been approved by the Federal Government so we waited to apply for the grants until
directed to do so by our Southwest Region FAA Project Manager, Don Harris. This application is
JAW his directions.
DISCUSSION: This project will encompass three years of FAA funding and support with additional
support from the State Aeronautics Commission. The first project was to perform an Obstruction
Survey and is very nearly complete. This phase designs the alignment of the roadways and
accomplishes the Environmental Assessment. We will initiate the next phase this summer which
will include final designs, bidding and initial earthwork. Final paving, fencing and RSA finish work
will be don in the final phase to be complete in 2010.
BUDGET IMPACT: Primary funding is through the FAA. Support funding is from the State.
Additional interim funding of approximately $30,363.00 will be from the Airport Fund and will be
replaced by FAA and State funding when the funds are released by the Congress.
Attachments: Staff Review Form
Grant Application
Aviation and Economic Development Department
Fayetteville Municipal Airport, Drake Field
4500 South School Avcnuc, Suite F
Fayetteville, Arkansas 72701
Ray M. Boudreaux, Director
RESOLUTION NO.
A RESOLUTION TO APPROVE AN APPLICATION FOR
FEDERAL ASSISTANCE AND AN ARKANSAS DEPARTMENT
OF AERONAUTICS MATCHING GRANT TO HELP FUND. TASK
ORDER #3 IN THE AMOUNT OF $128,337.00 OF THE TOTAL
TASK ORDER COST OF $158,700.00 AND TO ACCEPT THE
GRANTS WHEN AWARDED
WHEREAS,
the FAA
and the
Arkansas Department of Aeronautics are providing the
major funding for the
Runway
16 RSA
Improvement Project; and
WHEREAS, the City needs to complete its applications to the FAA and Arkansas
Department of Aeronautics to receive funding for the early stages of the Highway 71 relocation
project.
NOW, THEREFORE, 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
the Application For Federal Assistance (attached at Exhibit A) and authorizes Mayor Coody to
sign said application and further authorizes his execution of an application to the Arkansas
Department of Aeronautics for its matching grants for this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the acceptance of the grants when awarded.
PASSED and APPROVED this 6`h day of May, 2008.
APPROVED:
ATTEST:
By: By:
DAN COODY, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
MCECONSULTING
( DESIGNED 70 SERVE ENGINEERS, INC.
April 16, 2008
Mr. Ray Boudreaux
Airport Director
Airport Department
4500 S. School, Suite F
Fayetteville, AR 72701
Re: Runway 16 Safety Area
Fayetteville Municipal
Dear Mr. Boudreaux:
P.O. Box 1229
Fayetteville, AR 72202-1229
479-443-2377
FAX 479-443-9241
Enclosed please find a copy of the Application to the Federal Aviation Administration for
Phase I of the improvements to the runway 16 Safety Area to include the Alignment
Study and Environmental Assessment at Fayetteville Municipal Airport, Drake Field.
If there are any questions regarding the application, please contact us.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC:
R. Wayne Jones, P.E.
Vice President
Enclosures: FAA Application
C:\DOCUME-I\RBOUDR-2\LOCALS-1\Temp\Temporary Directory 6 for FAA Aplication-04-I 6.zip\Boudreaux-0416.doc
RESOLUTION NO. 204-07
A RESOLUTION APPROVING TASK ORDER #3 WITH
MCCLELLAND CONSULTING ENGINEERS, INC. IN THE
AMOUNT OF $183,700.00 FOR PLANNING TASKS ASSOCIATED
WITH THE RUNWAY 16 SAFETY AREA IMPROVEMENTS AT
DRAKE FIELD; AND APPROVING A BUDGET ADJUSTMENT IN
THE AMOUNT OF $183,700.00.
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 #3 with McClelland Consulting Engineers, Inc. in
the amount of $183,700.00 for planning tasks associated with the Runway 16
Safety Area Improvements at Drake Field.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a budget adjustment in the amount of $183,700.00.
PASSED and APPROVED this 4a' day of December, 2007.
APPROVED: �ATTEST:
B . ! ( By:-
DAN COODY, Mayor SON]
a
;FAYETTEVILLE;
E. SMITH, City Clerk/Treasurer
(5.12.08) Clarice Pearman - Res. 94-08 Page 1
v d r
From: Clarice Pearman
To: Boudreaux, Ray
Date: 5.12.08 10:44 AM
Subject: Res. 94-08
Attachments: 94-08 Ark Dept of Aeronautics Grant.pdf
CC: Audit
Ray:
Attached is a copy of the resolution regarding the aeronautics grant. Please let me know if there is anything else needed
for this item. I have made a copy of the grant and will forward to you via interoffice mail. Have a good day.
Clarice
Version 7/03
APPLICATION FOR
a DATE suBMI TED
' Applicant Identifier
FEDERAL ASSISTANCE
April 2008
FY072164
1. TYPE OF SUBMISSION:
3. DATE RECEIVED BY STATE
State Application Identifier
Application
❑
PreapplieaDOO
❑ Construction
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
nstru
Non -Construction,
0 on-Consbuction.
❑ Non -Construction
3 -OS -0020-036.2008
5. APPLICANT INFORMATION
Legal Name:
Organizational Unit:
City of Fayetteville
Department: Airport Department
Organizational DUNS: i 1 q 3 p 9b �2 .7
7 O
Division:
Address:
Name and telephone number of person to be contacted on
matters Involving this application (give area code)
Street: 4500 S. School, Suite F
Prefix: Mr.
First Name: Ray
City: Fayetteville
Middle Name:
County: Washington
Last Name: Boudreaux
State: Arkansas
Zip Code: 72701
Suffix: Director of Aviation
Country: United. States
Email: rboudreaux@ci.fayetteville.ar.us
6. EMPLOYER IDENTIFICATION NUMBER E/N):
Phone number (give area Code):
FAX number (give area code):
7 1_ 6 0 1 8 4I 6121 I
476-718-7642
479-718-7646
8. TYPE OF APPLICATION:
.7. TYPE OF APPLICANT: (See back of form for Application Types)
® New O Continuation ❑ Revision
If Revision, enter appropriate letter(s) in box(es):
Other (specify)
9. NAME OF FEDERAL AGENCY
(See back of form for description of letters)
FAA SW Region
Other (spociy)
11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER
:Phase I of Runway 16 Safety Area to include the
2 0 1 0 6
Alignment study for the relocation of US HWY 71
and Lancaster Drive and the Environmental
TITLE:
Assessment for these relocations.
12. AREAS AFFECTED BY PROJECT (cities, counties, states, otc.):
Washington County, Arkansas
13. PROPOSED PROJECT .
14. CONGRESSIONAL DISTRICTS OF
Start Date
Finding Date
a. Applicant b. Project
Jan 2008
February 2009
Third Third
15. ESTIMATED FUNDING
16. IS APPLICATION SUBJECT TO REVIEW BY STATE
EXECUTIVE ORDER 12372 PROCESS
a. Yes. O THIS PREAPPLICATION/APPLICATION WAS MADE
a. Federal
$ 121,920VU
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
DATE:
b. No.. ❑ PROGRAM IS NOT COVERED BYE. 0. 12372
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
b. Appicant
$ AJQ
c. State
$
d. Local
$ 30,633 AN
e. Other -
$ 6417 VU
REVIEW
I. Program Income
$
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
Dyes If'Yes' attach an explanation ® No
g. TOTAL
$ 158,700
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION)PREAPPLICATION ARE TRUE AND CORRECT, THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Authorized Re resentattve
Prefix Mr.
First Name Dan -
Last Name Cood
Suffix
b. Title Mayor
c. Telephone number (give area Code
479-575.8330
d. Signature of o " Repre nt
a. Date Signed
Previous Ed'Nor* Not Usable v - swnaaro roan vzw
Authorized for Local Reproduction Prescribed by OMB Circular A-102
C
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PARTI— OFFER
,)I}nl i• ?1
Date of Offer"
3-05.0020-036-2008
Grant No.
134398903
DUNS No.
to/r4M
Aim .Apt O1
,4rON411cs Siit
1, k wf q q -o%
Fayetteville Municipal Airport
(Drake Field)
Airport
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 18, 2008, for a grant of Federal
funds for a project at or associated with the Fayetteville Municipal Airport (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:
Improve Runway 16 Safety Area, Phase I
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89)-5100-38C 1 of 5
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 $121,920.00. 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:
$121,920.00 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 June 18, 2008, 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.
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
FAA Form 5100-37 (10.89)-5100-38C 2 of 5
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. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees
may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or
a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph a.1 of this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement),"
as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency
may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity --
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either--
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on Govemmentwide Debarment and Suspension (Non procurement)," as implemented by our
agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation
of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
I. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended
(22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make
to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project
or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost sharing or matching
requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 CFR 175.25.
ii. Includes:
FAA Form 5100-37 (10-89)-5100-38C 3 of 5
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
12. 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.
13. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or acquire a
property interest, satisfactory to the FAA, in the Runway Protection Zones:
a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the
erection or creation of any structure or place of public assembly in the Runway Protection Zone, except
for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any
existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless
approved by the FAA.
b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all
steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will
not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might
create glare or misleading lights or lead to the construction of residences, fuel handling and storage
facilities, smoke generating activities, or places of public assembly, such as churches, schools, office
buildings, shopping centers, and stadiums.
c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or
less -than -fee interest in the Runway Protection Zones for runways that presently are not under its control
within three years of this Grant Agreement. Said interest shall provide the protection noted in above
Subparagraphs a and b.
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 AMEF
FEDERAL AVIATION ADMI
h.
Edward N. Agnew
(Typed Name)
Manager, Arkansas/Oklahoma
Airports Development Office
(Title)
FAA Form 5100-37 (10-89)-5100.38C 4 of 5
PARTII- 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 (4 $-/Tday of June, 2008.
of
-•
•
:f ''4 EVILLE;
By:
aiia
(Signature of Sponsor's Designate ffficial
Representative)
(Typed Name of Sponsor's Designated Official
Representative)
VkvoR
(Typed itle of Sponsor's Designated Official
Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, CT r(t r" s , 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 his day of June, 2008.
By
(Signature of ponsor's Attorney)
FAA Form 5100-37 (10-89)-5100-38C 5 of 5
4)
APPLICATION FOR
Application
O Construction
0 Non -Construction
Proapplication
❑ Construction
O Non -Construction
April 2008
3 --fl- 0
FY072164
3-05-0020-036-2008
City of Fayetteville Department: Airport Department
Organizational DUNS: ] T , / Ti90 s Division:
Address: I O ! Name and telephone number of person to be contacted on
Street: 4500 S. School, Suite F matters involving this application (give area code)
• Prefix: Mr. First Name: Ray
City: Fayetteville Middle Name:
County: Washington Last Name: Boudreaux
State: Arkansas Zip Code: 72701 Suffix: Director of Aviation
Country: United. States Email: rboudreaux@ci.fayetteviile.ar.us
® New ❑ Continuation ❑ Revision
If Revision, enter appropriate letter(s) in box(es): ❑ ❑
(See back of tone for description of letters)
Other (spec) )
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER
2 0- 1 0 6
TITLE:
12. AREAS AFFECTED BY PROJECT (cttfes, counties, states, etc.):
Washington County, Arkansas
Jan 2008
C.
C.
Phone number (give area code): FAX number (give area ca
476-718-7642 479-718-7646
7. TYPE OF APPLICANT: (See back of form for Application Types
Other (specify)
9. NAME OF FEDERAL AGENCY
FAA SW Region
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
:Phase I of Runway 16 Safety Area to include the
Alignment study for the relocation of US HWY 71
and Lancaster Drive and the Environmental
Assessment for these relocations.
a.
EXECUTIVE ORDER 12372 PROCESS
a. Yes. O THIS PREAPPLICATION)APPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
DATE:
b. No. O PROGRAM IS NOT COVERED BYE. O. 12372
O OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
g. TOTAL $ 158,700 Dyes If'Yes attachanexplanation ® No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
First Name
Last Name Coody, Suffix
b. Title Mayor// C. Telephone number (give area code
/ 479-575-8330 i
d. Signature of Apthori2e Represent itC. e. Date Signed .
Previous Editioryt of Usable Standard Farm 424 (Rev.32003)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
17 vv
4U.S. DEPARTMENT OF TRANSPORTATION - FEDI AVIATION ADMINISTRATION I OMB NO. 80-R0184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes X No
Name of Governing Body
Primary Rating
Item 2. Name of Agency or
Does this assistance request require State, or local Board
advisory, educational or health clearances?
Yes X No (Attach Documentation)
Item 3. (Attach Comments)
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 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
See instruction for additional information to be
provided
Individuals.
Families.
Businesses.
Farms.
Item 10. See instructions for additional information to be
Is there other related Federal assistance on this provided.
project previous, pending, or anticipated?
Yes X No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2
}
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
PART II- SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of
Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended.
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government
relative to the development, operation, or maintenance of any airport, except as stated herewith:
3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used
as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which
areas are identified on the aforementioned property map designated as Exhibit "A":
The Sponsor holds fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for
Tracts A and B were approved under previous projects. Status has not changed since approval.
Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D,
E, and H.
State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind
and nature, including liens, easements, leases, etc. The separate areas of land need only be Identified here by the area numbers shown on the
property map.
FAA Form 5100-100 (4-76)
Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-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 idenlify 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
properly map.
FAA Form 5100.100 (4.76) Page 3b
FAA AC 81-06913
W.S. DEPARTMENT OF TRANSPORTATION - FEDL �VIATION 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
$
$
$ 800.00
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
135,100.00
5. Other Architectural engineering fees Surveys
22,800.00
6. Project inspection fees
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
158,700.00
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)
158,700.00
20. Federal Share requested of Line 19
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
121,920.00
23. Grantee share
30,363.00
24. Other shares (Ark Dept of Aeronautics)
6,417.00
25. Total Project (Lines 22, 23 & 24)
$
$
$ 158,700.00
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4
OMB NO. 8O -R0184
`1
11S DEPARTMENT OF TRANSPORTATION - FEDL AVIATION ADMINISTRATION
SECTION C - EXCLUSIONS
Classification
Ineligible for
Participation
(1)
Excluded From
Contingency Provision
(2)
a.
$
$
b.
C.
d.
e.
f.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING
NON-FEDERAL SHARE
27.
Grantee Share
$ 30 363.00
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
$
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
30,363.00
28.
Other Shares
a. State (Ark Dept of Aeronautics)
6,417.00
b. Other
c. Total Other Shares
29.
TOTAL
$6,417.00
SECTION E - REMARKS
Standard DOT Part V Assurances:
Title IV Assurances, Dated: July 2005
Exhibit A, Dated: June 1991
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 5
PART IV
PROGRAM NARRATIVE STATEMENT
PHASE I, RUNWAY 16 SAFETY AREA
FAYETTEVILLE MUNICIPAL AIRPORT
FAYETTEVILLE, ARKANSAS
The proposed project is located at Fayetteville Municipal Airport, Drake Field,
Fayetteville, Arkansas. The objective of the project is to provide a clear extended
Runway Safety Area for Runway 16, in accordance with the recently completed Master
Plan Update (2008).
This first Phase of the project includes the alignment study for the
relocation of US HWY 71 and Lancaster Drive from within the Runway 16
Safety Area, including survey work for design and Right -of Way
determination.
2. The first Phase also includes the Environmental Assessment for the
relocation of the roadways and stream adjustments required to provide a
clear extended Runway Safety Area for Runway 16.
C:\DOCUME-1\RBOUDR-2\LOCALS-1\TEMP\TEMPORARY DIRECTORY 8 FOR FAA APLICATION-04-16.ZIP\NARRATIVE-04-
16.DOC
D
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 I 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.
I Page 1 of 2 1
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.
� v
CITY OF FAYE1TEVILLE
(Sponsor)
Page 2 of 2
I
RESOLUTION NO. 94-08
A RESOLUTION TO APPROVE AN APPLICATION FOR
FEDERAL ASSISTANCE AND AN ARKANSAS
DEPARTMENT OF AERONAUTICS MATCHING GRANT TO
HELP FUND TASK ORDER #3 IN THE AMOUNT OF
$128,337.00 OF THE TOTAL TASK ORDER COST OF
$158,700.00 AND TO ACCEPT THE GRANTS WHEN
AWARDED
WHEREAS, the FAA and the Arkansas Department of Aeronautics are providing the
major funding for the Runway 16 RSA Improvement Project; and
WHEREAS, the City needs to complete its applications to the FAA and Arkansas
Department of Aeronautics to receive funding for the early stages of the Highway 71 relocation
project.
NOW, THEREFORE, 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
the Application for Federal Assistance (attached as Exhibit A) and authorizes Mayor Coody to
sign said application and further authorizes his execution of an application to the Arkansas
Department of Aeronautics for its matching grants for this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the acceptance of the grants when awarded. U''",,,
PASSED and APPROVED this 6's day of May, 2008.,: G¼jY Op •.�
CJ. S.
APPROVED: ATTEST: ; FAYE7TEVILLE;
e , y�NGTON GO`,.
By: By:
D COODY, Mayor SO DRA E. SMITH, City Clerk/Treasurer
K:IORAKE FIEIDMIzAIDRAaFGRP.EWG, 4/16/3008 II 24:11 NI, Wayne
Z
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 tens -sponsorincludes both public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor. these assurances are incorporated in and became 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. Unlessothervise 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 sea.1
c. Federal Fair Labor Standards Act- 29 U.S.C. 201, et see-
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 sec.! 2
I. National Historic Preservation Act of 1966 - Section 106-16 U.S.C. 470(0.1
g. Archeological and Historic Preservation Act of 1974.16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S-C. Section 3001, et sea.
!. 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(0)
m. Rehabilitation Act of 1973-29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through dam.
o. Age Discrimination Act of 1975 - 42 U.S.C. 5101,91 sec.
p. American Indian Religious Freedom Act, P.L. 95-341. as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151. at 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. etsee.1
t. Copeland Antlkickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seo.1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984-31 U.S.C. 7501 eteq,2
x. Drug -Free Workplace Act of 1968-41 U.S.C. 702 through 705.
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.)
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 I
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs. Equal Employment Opportunity. Department of Labor
(Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3
1. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Piart 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. PI rt 23 - Participation by Disadvantage Eusiness Enterprise in Airport Concessions.
I. 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 Pfprt 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 t&U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1
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
n 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 e9. United States Code.
Specific assurancesLtquired to be included in grant agreements by any of the above laws: regulations or circulars are incorporated by
reference in the grant agreement.
2. ResponsibilityII 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 adapted or passed as an official act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsbr: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all
terms, conditierSs, and assurances of this grant agreement. It shall designate an ofdal representative and shall in writing direct and
authorize that person to file this application. inducing 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 agreementwhich 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 cut 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 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 sponsors interest, and make binding upon the transferee 311 01 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 tens 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 Cr 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, Cr 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 reolacement 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 F ederal 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 whit` 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 reculation. 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 Cr 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 redpient. 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 whlth the grant was given or used. it shall `Ile a certified coc4 Pf such audit with the UoGptroiler General of the United
States not later than six (6) months following the close of the 5scal year for writ`: the audit was made.
Airport Assurances (3/2005) v-3
14. Minimum Wage Rates. It shall include, in all contracts in excess of 52.000 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. I
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. spec ications, 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 py 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 subjectt 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 tb disapprove the use of the sponsors 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.
r
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 Slates, shall be operated at all times in a sale and serviceable condition and in accordance with the minimum standards
as may be regoired or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or
pemit 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
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 -
I'
(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 contair4ed 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 .he 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,lmarking, 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 it 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 Cr permit any
change in land use, dhin its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program
measures upon whidh Federal funds have been expended.
Airport Assurances (3/2005)
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 ;a 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 conductor 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. -
a. 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 cbrporation operating aircraft on the
airport from performing any services on its own aircraft with its own employees ]including, but not limited to maintenance. repair. and
fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be
provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory. conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type. kind or class of aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical
services to the public. For purposes of this paragraph. the providing of the services at an airport by a single fixed -based operator shall not
be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to Provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an
existing agreement between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person. firm, or corporation. the exclusive right at the
airport to conduct any aeronautical activities, including, but not limited to Charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity. repair and maintenance of aircraft, sale of
aircraft parts. and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United Slates 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 Cr
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. 1962. in
governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or
operators 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 cr Administrator.
Airport Assurances (3/2005) V -S
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.
1
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make
such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary:
b. for airport development projects, make the airport and all airport records and documents affecting the airport. including deeds, leases.
operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms.
conditions, and assurances of 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 Slates 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 arty 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 () boundaries of the airport and all proposed additions
thereto, together with the boundaries of all cffsite 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 or 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 an federally owned, leased, of 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 casts 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 Cr 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 Cr possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purccses. !t will dispose of the lard 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. (7) 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 AlP 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 2d 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) I( 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, 10 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 DBEs program or the requirements of 49 CFR Part 26. The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration
of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26. and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program. the Department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the
airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 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 acplicacle due date.
Airport Assurances (3/2005) V-7
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/05
CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS
NUMBER
° -
I IOEstrucan
Maming and Lignung
70O460 -land Change I
Ianncuncement
of Avadauaan—F.TCA Inc, OCwmenl RICA -221. Guidance and P.ecmr..ecced Reau;rtments foramen Surface !Aov<mem Seniors
yey.CCp-t3
IC've
Rights Redmrements For The Airtcr.:t:mvemer4 Prognm
L•06100.:SA
I50f5020- A I atom
MaslerP'an]
150/5190-5 and Change 1 I Escius!ve
Rignt5 and Minnun $tandam5 for Commemal Aamnauural?matie5
150,52062ee _ NOaUf
to Ainren(NOTAMS):or Aimart C:entar5
15W5210-52 Patten,
Maning and L!ghung cf Vehiees Used on an Almon
( IAlry
Fire and Rescue Ccmnuelcdons
15015210-7C
15015210-138 1
Water Rescue Plans, Fad(ides. and Ecmomem
1506210.14A I}iman
Fire and Resme Fendnnel Pmtecve ClaNmg
15015210.15 1
Almon Rescued Frefightmg Stauon Emiccg Design
I
Systems for 1n:eracave Training of Almon den0nnel
15015210-18
150/5210.19 -
Onvefs EnhanceC Vision Sve:em (GE'JS1
12015220=E
Water Succl, Systems or Fke Sr.: Rise P:ean
(Guide
Soecfleddn for Water;Foam Tva Moat. Resce and Fire5cnanc `Jenroef
150152201106
15015220-138
Surface Condition Sensor Scecnrancn Guide
/IR�unway
150152203150 I:.ummaed
Weather Cbse^.+ca Systems :r Nonfetleal Adcllraudns
15015_'20-1]A and C.".ana 1
Oesian Snrdams for AreaP. Resme Fe1:r., rA Trarma Paehues
I
EutlCLrds for Stance and blalnenance c'An"•cn Stow and me Ccracl Ecuicmem and Matenal5
15015220.18
150/522220.19 I
Guide SceGOoticn for Smarr Dual -Ace^.: Almd Resc'e and Frelldrmc `fehi ea
1506220.20 am Ctwrge I
Aircon Sncw and 1m C:r.:t'. Ecumer.:
Guide SoeuficCdn for lifts Used to Eoar: Amore Passeroers Wu1!.lcblity Imcalments
12.06220.:8
150/5220122 and Chanel I
Er.oineered Maunal, Present Systems; EMAS) Ur Aireaft Overvcs
55015300-i3 and Char es I through
A!mcn Oescn
150/5300.14 am Changes I and 2 IDesien
of Airt:a`. Cetna Fachdes
15015320.2.3
mom Cminace
15015320AD and Chan as I Lhmuahl3
Aimon Pavement Onion and Evomaocn
150E -220.12C am Chan es 1 Nmu h 6
Measurement. Cdnstrumcn and Manierante of Sic Reslstanl ar-:n Favement Scvtaces
1506320-:4
Aacar. Land,c3nne!or None Control Pceases
15063205 am Chan e 1 I
Manacement cf Moon Ina it1al Waste
15015320-1 I
Airfield Pavement Surface Ev3luaden arc Raunc IPEE) Manuals
15063-2S4A am G+ancet
Runway ten c'+Recucemens for Aimcr. Cesl n
1501533_2-5 and Charge 1
ISlandamized Metnoa of Fecc:and Fava^ect Suencc.=C:!
1501534G!J I
Standards for Aindn .faminn
1501533-0-52 and Chance 1
/Segmented Ctme Atron Man.er System
15015340-1eD
Star•Cars for Amcn Goa S ,sterns
156'5340 :9
T an•ay Cents.^Ins Ggntlrc Swstem
I
I
SPechcinn Icr L821 Panels for Rem.c:e C:n f or: Lighting
1:01:345.32
L06341.5A
Chord Selector Switch
15;;6345-I E
IS:eenccatCn for L524 UnCe Y toad Efe W I Cadle'cr ALTLr. L;;ES:; G'CILs
12-06305.10E I
Saee5muon for Constant Grren'r,e^4: a::n R<dda;- Monras
<(;lSta5-120 I
SdeG`L3lien to Atmcrt are Fefiddn Eea:.:n
t 5063 -PA
I5oec when for t24I:un!tar.Re!ay Cenet Asae^•:+ ':r P!Ict Carr) c: A1m:n Acct. Cmms
1506345-22C
I5cec:5oucnfor L523 F!u- aria Peactace Cacle C:een
25545-27C
I Sdec'.cauon!or 'Wmd Cone=ssemc!!es
1501534'_39E
IPreasien Aoorcacn Pacj L-:::ator (PA F'; 5vs:ems
12_012_'_4_ 392 a as Change 1
/FAA ScecOradcn L553. Runway and tar:say Cecv_:e ReL, rtactn'e Marren
I
ISaeofimmn'sAixrtlA v;Eves.icr..5r!'cus:^.a, Nnadr.?Cxes aroFcesscaes
15N5345.A2D
I
lI 50/S 35 -E
$ obsirjct,cn l h
I :06245-44G
Sceoramn for Taarwav arc Runwa. Scv
ISWZZ!-45A
Iucnrnelcr i o:rdach UCC. 5:NCLre
50 62
S
--cW5S45-47A
Itsolaucn Transfcmea for Almon Liontn; Svslears
i?
Sceccat,cn L$4 Padic C
Airport Assurances (3/20O5) V-8
A
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1/05
150/534150 and Change I9eecflcation
for Pcrable Runway Lights
1501'_345-5 I and Chang. I
seecfea0en for Dtsoar e-Pce Flasher Eabment
1501°345.52 IGenenc
Visual G iCesmce Indicator, (GVGI1 I
1 501534 5- 539
Mrocrt Lbhuna Ecutcment Cerfcation Prcrar..
15015345.54A and C,ianqoI iSoetilestion
for L-1884 Power and Central Und far Land and Hold Shon I
15015345.55 IUghled
Visual Arc to Irairale Temcorary Runway Closure
150/5]60.9
planning and Design at Alrpcn Terminal Faclities at 4onHun Locations
150/5360-I s IEnergy
Conservation ter Alrart Emlcings
1'_01534 !10
Inon signing S Graohip
15015360-t3 and Cnance I
Rennin° and Cesicn GL7dacce farAinoen Termal Famines
15015370.2E
CoeraOCnal Safem on Akcors O1mne Constmaaon
15015370.108
Standards for 5cect$r. Construction of Air_ees
15015310:3
Off -cask Ccnsmiocn of Afren Pavements usmd Hot -Mix Asenall I
150153eo eA
(Guidelines and Procedures for Maintenance of Alrart Pavements
15015380-7
Pavement Management System I
150153802
Handbook for Icen00caoc of Alkali -Sins Reac •nly m Air5eld Favemenu
1501536029
Helicon Design i
15015360-0
veniocn Design
15015395-1
Seactane Bases
1506'00.30
Airan Water Safety and Coeraticns
I5052C0-33
150/5300-i 5
Ha;ardous Wildlife Altrarants On or Near Airens I
Use cf Value Engineenng for Engineering Cesign of Alrcrt Grant Pmlecs
I50537C-11
Iuse of faandeslmegve Testing Oemcas in ;he E:aluauon of-imcn Pavements I
150!5370.12
ICuafty Ceouel of Ccnstruocn for Alcor. Grant Pecs
LC5r0-5
(Cansuucecn Progress and Insoeccn Raccr.-Airon Grant Program
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
NUMBER C ,an..
r - - -: •s ..^. _ ....
1 50/51 001AC
Aroitec aural. Engmeenng. and Planning Corsvcant Serrces for Aimon Grant Prelects
150151 CO15A
ClviI Rights Pecuirements For The AUear. Im:rvement Program
150/5100-i land Changes 1 Uresrh 4 (Land
Aceulsiccn and Relocation Assistance for lrn:roveaent Program Assisted FM acs I
150/51905 and Caarge I
Exdustve Rights an:Mafimum Stanaars or C:mnercial:emnawol Aedd5es
15M5200 -30A and Changes 1 Nmugh 2
Aror Wnter Safety and Oceresens
1545:Gb33A
Ha2ardoua'MClife ACrctants on 0r Near Arr CIS
150/5300-:
Use of Value Engtneenng for Erlgmeenng De sqr of Aimors Gram P.mlecs
150/532017
AIfeld Pavement Surface Evaluation and Roc:; (F SER1 M2ruals
150/538011
Enery Canservaucn for Aircrt Buildings
15W531063
(Cons uccn Progress and Inscec:icr. Roccr.--ir-cn Gant Pr;1am
IW537a11A
(Use on Non see Testing Devices n ve Evaluadan of A'roo Pavements
1505270i2
ICUan-1 Careral at Corsaucian Icr. Pinar. Grart Precs
I
150/5370.13
ICf:-ctak Cons•.mC.Rn 0f AArcr. Pa•2megs Ltslrg POt-Mix As:rAa
150/5320.7
Pavement Management System
150/5330-6
Handbook for ldenul:ouch of Alkali -Silica Rea:.in in Am'teic Pavemens
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Airport Assurances (3/2005) V-=
(6.17.08. Clarice Pearman - Ark. Dept of Aeronautics Grant Page 11
From: Clarice Pearman
To: Boudreaux, Ray
Date: 6.17.08 1:23 PM
Subject: Ark. Dept of Aeronautics Grant
Attachments: 06.16.08 Ark Dept of Aeronautics Grant.pdf
CC: Audit
Ray:
Attached is a copy of the above grant for your records. Please let me know if there is anything needed for this item. Have
a good day.
Thanks.
Clarice