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Home My WebLink About119-09 RESOLUTIONRESOLUTION NO. 119-09 A RESOLUTION AUTHORIZING THE FAYETTEVILLE EXECUTIVE AIRPORT STAFF TO APPLY FOR AND ACCEPT GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE AMOUNT OF $3,813,208.00 TO FUND THE RUNWAY 16 RUNWAY SAFETY AREA IMPROVEMENT PROJECT; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Executive Airport staff to apply for and accept grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the amount of $3,813,208.00 to fund the Runway 16 Runway Safety Area Improvement Project. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenues. PASSED and APPROVED this 2nd day of June, 2009. APPROVED: By: LIONELD JO r , Mayor ATTEST: By: °AAA' 6/04.,) SONDRA E. SMITH, City Clerk/Treasurer Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/2/2009 City Council Meeting Date Agenda Items Only Aviation Division Action Required: Transportation Department 1) A Resolution to apply for and accept grants from the DOT/FAA and Arkansas Department of Aeronautics for the Runway 16 RSA Improvement project. REVENUE 3,813,208.00 Cost of this request 5550.0955.6803.00 5550.0955.6820.38 Account Number 07039 3 Project Number 223,467.00 Category / Project Budget. 198,647.00 Correct Runway 16 RSA Program Category / Project Name AvF/ED Imp Funds Used to Date Program 1 Project Category Name 24,820.00 Airport Fund Remaining Balance Fund Name Budgeted Item F-1 Budget Adjustment Attached I—, VDepartment Director Date City Attorney a ,1 Fina a and Internal Services Director DAte 6 -z - Date 204-07 182-08 Previous Ordinance or Resolution # 227-08 Original Contract Date: &NO Original Contract Number: ate or ate Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 aye City Council Meeting of: May 5, 2009 Agenda Item Number: e\T1ie AVIATION DIVISION ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE HELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staf€/Contract Review Committee THRU: Terry Gulley, Transportation Director FROM: Ray M. Boudreaux, Aviation Directo DATE: April 9, 2009 SUBJECT: Approve application and acceptance of FAA/AIP and Arkansas Aeronautics Grants to fund the Runway 16 Safety Area Improvement project. Approve a Budget Adjustment. RECOMMENDATION: Approve application for and accept grants from the FAA (95%) and the Arkansas Department of Aeronautics (5%) to the fund the Runway 16 Runway Safety Area Improvements project. Approve a budget adjustment. Signatures of the Mayor and City Clerk requested. BACKGROUND: The Runway 16 RSA Improvement Project has been under planning and design since December 2007. The Invitation for Bids for construction was advertised April 10th and 12th and bids will be received April 28th. The FAA issues a grant award based on the actual bid price received. DISCUSSION: Since the FAA's funding is based on the bid price, the application to the FAA for the grant must necessarily coincide with the receipt of bids. Additionally, the turn around time for the City to submit the completed grant documents to the agency is short, usually within 2-3 days. Time is of the essence and therefore in order to expedite this process, the application and acceptance of the grants is requested. The award of the construction contract is submitted as a separate Council item. Contract award and acceptance of the grant funding should allow the project to begin construction quickly. Grant funding for the project is 95% FAA and 5% Arkansas Department of Aeronautics. Attachments: Staff Review Draft AIP Grant Draft State Grant to be submitted at the end of the work 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 •479.718.7646 FAX • www.access€ayetteville.org/government/aviation airport_economic_development@ci.fayettevil le.ar. us RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE EXECUTIVE AIRPORT STAFF TO APPLY FOR AND ACCEPT GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE AMOUNT OF $3,813,208.00 TO FUND THE RUNWAY 16 RUNWAY SAFETY AREA IMPROVEMENT PROJECT; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Executive Airport staff to apply for and accept grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the amount of $3,813,208.00 to fund the Runway 16 Runway Safety Area Improvement Project. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenues. PASSED and APPROVED this 2nd day of June, 2009. APPROVED: AT'T'EST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: General Government Division: Aviation & Economic Development Program: Airport Capital Expense Date Requested 6/2/2009 Adjustment Number Project or Item Added/Increased: $3,813,208 in the Runway 16 Safety Area Phase III account. (New) Project or Item Deleted/Reduced: None. To Recognize $3,622,548 in AIP revenue from the DOT/FAA. To recognize $190,660 in revenue from the Arkansas Department of Aeronautics. Justification of this Increase: Will provide for construction administration and observation, materials testing, baseline staking and record drawings for the Runway 16 RSA Improvement project. Will provide for construction of the Runway 16 RSA Improvement project. Justification of this Decrease: The project expense will be 100% reimbursed with federal and state grant funding. Account Name Runway 16 Safety Area Increase Budget Account Number Amount Project Number 38 5550 3960 7820 —36-- 3,813,208 070039 3 Account Name Runway 16 Safety Area Decrease Budget Account Number Amount Project Number 38 5550 0955 6820 —3 — 3,622,548 070039 3 State Grants on Federal Projects 5550 0955 6803 00 190,660 070039 Division udget Director Date .5-61 Date Department Director Date Finance irector 6 -z -2.&g Date /IA"- 4-z- 09 Chie taff Date Budget & Research Use Only Type: A B C Requested By General Ledger Date Posted to General Ledger V.090403 E Initial Date James Nicholson - Funding approval for Airport Improvement Project 3-05-0020 38 2009 Page 1 ,'I From: <Don.Harris@faa.gov> To: jnicholson@ci.fayetteville.ar.us; rboudreaux@ci.fayetteville.ar.us Date: 5/29/09 3:37PM Subject: Funding approval for Airport Improvement Project 3-05-0020-38-2009 Ray, James: We have received notification from the Office of the Secretary of Transportation in Washington, D.C. that the subject AIP grant has been approved. You should receive formal notification from your Congressional representatives shortly. The grant funding will total $3,622,548 for improvements to the Runway 16 (north end) Runway Safety Area. I have attached a pdf copy of FAA Form 107 to document this transaction. Thank you, dh (See attached file: FYV Fm 107.pdf) Donald C. Harris Sr. Program Manager AROK ADO, ASW -631 2601 Meacham Blvd. Fort Worth, TX 76137-4298 Phone: 817. 222. 5634 FAX: 817. 222. 5987 Email: don.harris@faa.gov Grant Status Report (Form 5100-107) Airport Improvement Program ( Form 5100-107 ) Grant Number 3-05-0020- 038-2009 Site 00975 *A s Weld FYV Sponsor Code 05003 Worksite Drake Field `Number ' City - Fayetteville State AR Air ort GAGA Hub Type - Region SW ADO Name Arkansas/Oklahoma ADO LOI Environmental Actions FONSI (Finding of No Significant Impact) Grant Type Single Year Grant Description Abbreviated N. Improve Existing Airport Grant (Project) Purpose Construction Grant Description Improve Runway Safety Area [Imrpove Runway Safety Area: Runway 16 (North end)] -16/34 Remarks Description: Improve Runway 16 Runway Safety Area FONSI signed: Bids Opened: 04/28/09; 6 bidders; presumed low bidder Sweetser Const. Add'I disc requested from 610 04/29/09 Rcvd addl DISC: $3.5M 05/04/09 OST: 05/29/09 Application Rcvd: Bid Type 11,1400000iliD:0111;1111101 :ii ion (Funs q Federal (AIP) Federal Other Non -Federal Total ' Percent AIP $ 3,622,548.00 $ 0.00 90,660.42 $ 3,813,208.42 95.00 % Project'Information . des & Associated Funding ) Work Code Runway Number LOCID Standard Description Discretionary Funds Entitlement Funds Econ Rec Funds Total Funds SA RW SF 16/34 Improve Runway Safety Area [This project enables. Runway Safety Area "Improvements to the RWY 16 approach end.) -16/34 $ 3,500.000.00 $122,548.00 $ 0.00 $ 3,622,548.00 TOTAL $ 3,500,000.00 $ 122,548.00 $ 0.00 $ 3,522.548.00 4 Funds Assigned By Limitation Code Limitation Sponsor Code (7ransfer) Transaction Date Transaction Amount 1413 D2009 05/04/2009 $ 3,500,000.00 NP2008 05104/2009 $ 21,241.00 NP2009 05/04/2009 $ 101,307.00 TOTAL $ 3,622,548.00 Grant Status Amendment Grant Process Date Recommended By Approved By Initiate 05/05/2009 Don Harris RO Review 05/05/2009 Kristi Warden HQ Review 05/07/2009 Jane Mehrtens HQ Batch 05/13/2009 Talesa Wilson ARP Review 05/13/2009 Talesa Wilson AGI Review 05/13/2009 Marvin Nixon OST Release 05/29/2009 Grant Location Review Page Category State RO: ADO Rev -Grants Reservation of Funds - Through OST Release - Ready to Reserve Funds ADO Rev -Grants Reservation of Funds - Through OST Release - Ready to Reserve Funds http://soar.arp.faa, gov/retorts/session report tracking.cfm?CFID=57$07&CFTOKEN=63... 5/29/2009 Grant ................ Fund Details Limitation Code r Amd Nbr Amount Reservation Number Reservation Date Obligation Date OSTPKG Recovered Limitation Code Original Limitation Code Created By Created Date WNP2008 $ 0.00 $ 3,500,000.00 06/27/2007 Hams 05/04/2009 2D2009 g2 - 1ri Hars W 05/04/2009 $ 21,241.00 2009- 192 HDo s 05/04/2009 NP2009 $ 101,307.00 2009- 19 Dn Harors 05/04/2009 Grant Project Details ' Work Code Entitlement Funds DiscretionaryBoon Funds Re Funds Total Amount Created Date _ Created By Modified Date Modified By Deleted Date SA RW SF $ 122,548.00 $ 3,500,000.00 $ 0.00 $ 3,622,548,00 06/27/2007 Hams 05/04/2009 Don Harris Funds Assigned By Appropriation Code Reservation Number FY -Appropriation Code Prior Cumulative Amount Current Amount Current Cumulative Amount. N/A N/A N/A N/A N/A Funds Assigned By Limitation Code Reservation Number Limitation Code Original Limitation Code Prior Cumulative Amount Current Amount Current Cumulative Amount N/A N/A N/A N/A N/A N/A Transfers into Checkbooks Used by this Grant Transfer From Transfer From State Transfer From Region Transfer Amount N/A N/A N/A 4 N/A Close Window j .� Print I http://soar.arm.faa.gov/retorts/session report trackina.cfm?CFID=57807&CFTOKEN=63... 5/29/2009 Project Accounting Request Form Project Request: Project Number 07039 (will be assigned by Budget) Project Title (40 char) : Correct Runway 16 RSA Phase 27 Project Status : Active Responsible Division : Aviation & Economic Development (AVED) Project Group : Project Project Type : Aviation Improvements Fiscal Start Mo./ Year : 01 12009 Sub Project Request: Sub Project Number : 2 Sub Project Title : Correct Runway 16 RSA Phase II Sub Project Status : Active Sub Project Manager : Ray Boudreaux Grant (YIN) : Yes GL Accounts Assigned: 5550.0955.6820.37 5550.3960.7820.37 Sub Project Request: Sub Project Number : 3 Employee # 2087 Sub Project Title Correct Runway 16 RSA Phase III Sub Project Status : Active Sub Project Manager : Ray Boudreaux Grant (Y/N) : Yes GL Accounts Assigned: 5550.0955.6820.38 5550.3960.7820.38 Is this item going to Council? Employee # 2087 Yes Is a budget adjustment needed? Yes If yes, please specify date: 6/2/2009 Reques ed By Entered By 6/01/09 Type options, press Enter. -p,±,sp1aY Sub Pro? ects Project Inquiry Project Number . : 07039 Correct Runway 16 RSA Disp1aX Project G/L Accounts,, Reset: + PT,0.63051 111111111111111 Project Number . : 07039 Correct Runway 16 RSA Sub Project Number: 3 Correct Runway 16 RSA Phase III G/L Account Number 5550.3960.5301.00 PT0660S1 Reset- + Description Acct Type Public notification Expense Bottom -F3 -,F3=Exit F4=Prompt F7,=Full Exit F12=Cancel Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED May 29, 2009 Applicant Identifier FY082153 1. TYPE QF SUBMESSION: Application Z Construction ❑ Non -Construction Preapplication ❑ Construction3-05-0020-038-2009 ❑ Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Unit: Department Airport Department Organizational DUNS:/34398903 Division: Address: • . Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 4500 S. School, Suite F Prefix: Mr.. First Name: Ray City: Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas Zip Code: 72701 Suffix: Director of Aviation Country : United States Email: rboudreaux@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER EIN): Phone number (give area code): 476-718-7642 FAX number (give area code): 479-718-7646 7 1 - 6 0 1 1 8 14 1 6 1 2 8. TYPE OF APPLICATION: ❑ New ® Continuation • Revision 7. TYPE OF APPLICANT: (See back of form for Application Types) C Other (specify) If Revision, enter appropriate letter(s) in box(es): (See back of form for description of letters) 9. NAME OF FEDERAL AGENCY FAA SW Region Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: Design Services, Land Acquisition and Construction for the Runway 16 Safety Area to including the relocation of US HWY 71 and Lancaster Drive. 2 0 - 1 I 0 16 TITLE: AIP 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date June 2009 Ending Date December 2010 a. Applicant Third b. Project Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. 0 PROGRAM IS NOT COVERED BY E. O. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 3,622,548. b. Applicant $ c. State $ 190,660. d. Local $ e. Other $ f. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑Yes If "Yes° attach an explanation El No g. TOTAL $ 3,813,208. .00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT,•THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Lioneld Last Name Jordan Suffix b. Title Mayor c. Telephone number (give area code) 479-575-8330 d. Signature of Authorized Representativei ��_rl —... e. Date Signed 6 Previous Editions Not Usable Authorized for Local Reproduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 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? Yes No Name of Agency or Board X (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Date Item 5. Check one: State o Is the proposal project covered by an approved Local o comprehensive plan? Regional o Yes X No Location of Plan Item 6. Will the assistance requested serve a Federal installation? Yes 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 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C The Sponsor hereby represents and certifies as follows: OMB NO. 04-R0209 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A":. The Sponsor holds fee simple title to Tract A and easements shown in Tract B of the attached property map, Exhibit "A". Title for Tracts A and B were approved under previous projects. Status has not changed since approval. Land and easements acquired under ATP 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 me 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 (Appraisals & Etc.) $ $ $ 20,500.00 2. Preliminary expense 3. Land, structures, right-of-way 324,008.00 4. Architectural engineering basic fees Final Design 111,800.00 5. Other Architectural engineering fees Const Admin. 20,000.00 6. Project inspection fees 156,000.00 7. Land development (Materials Testing) 38,000.00 8. Relocation Expenses (Utility Relocations) 125,000.00 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 3,017,900.00 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 3,813,208.00 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) 3,813,208.00 20. Federal Share requested of Line .19 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 3,622,548.00 23. Grantee share 0.00 24. Other shares (Ark Dept of Aeronautics) 190,660.00 25. Total Project (Lines 22, 23 & 24) $ $ $3,813,208.00 FAA 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. 80-R0184 SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded From Contingency Provision (2) a. $ $ b. c. d. e. f. 9. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 0.00 a. Securities b. Mortgages c. Appropriations (By Applicant) $ 0.00 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share $ 0.00 28. Other Shares a. State (Ark Dept of Aeronautics) $ 190,660.00 b. Other $0.00 c. Total Other Shares 29. TOTAL $ 190,660.00 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 CONSTRUCTION PHASE, RUNWAY 16 SAFETY AREA IMPROVEMENTS FAYETTEVILLE EXECUTIVE AIRPORT FAYETTEVILLE, ARKANSAS The proposed project is located at Fayetteville Executive 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 Construction Phase of the project includes the Final Design Services for the preparation of the Plans and Specifications for the relocation of US HWY 71 and Lancaster Drive from within the Runway 16 Safety Area, including; property acquisition, relocation costs, Construction of the Road Realignments and Utility Relocations, Construction Inspection, Material Testing, and related costs. W:120081082153- HWY 71 RELOCATION TO DRAKE FIELDIFAA CONST GRANTINARRATIVE-10-23.DOC T. ro, 2wc mwrAlleni E.11.1111 T 11 311.1 Pa01CCPDX 20% t 111.11497101 2 ) (51.44 2127. T :ov : lean Mer rri:wi�iWkt •n O Amur r (11.ReedAT in 3.1 � LEGEND Dan 0.0 .room M I OA'„ rnN C ... 7 AHG4TOH Cuon HU —.Km111 ars.0 GRAPHIC SCALE Jnr 1 1 eP1 a um rat 1N&! T4rn2 o a n d ,m 15111, . rn ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq., d. Hatch Act - 5 U.S.C. 1501, et sea.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 Airport Assurances (9/99) 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 seq. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sec .1 t. Copeland Antikickback Act -18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 et seq.? v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity) Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental. Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 2 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.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 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) 3