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119-09 RESOLUTION
RESOLUTION 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 For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there. is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the .time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Airport Assurances (9/99) 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. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other, financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall fife a certified copy of such audit with Airport Assurances (9/99) 5 the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis - Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. 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) 6 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. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of'the noise compatibility program measures upon which Federal funds have been expended. 21. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical Airport Assurances (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. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this Airport Assurances (9/99) paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. , Reports and Inspections. It will: Airport Assurances (9/99) 9 a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, Airport Assurances (9199) 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 non -aviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of . safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. (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 projector 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 711199 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 andadministration 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 seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States. shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1.of this assurance in every contract subject to the Act and. the Regulations 3. Where Federal financialassistance 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 formor 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 ro ert p p Y- 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, asa 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. Thisassurance obligates the Sponsor forthe 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 o. r`structures' or improvements thereon, in which case the assurance obligates the Sponsor orany transferee for the longer of the following periods: (a) the period during which the property is used for 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. e 1 of 2 'ANDARD DO 8. It agree s 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: Mayor (Title) Page 2 of 2 State Airport Aid Application — Page The City/Coty of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Fayetteville Arkansas, Washington county. Date of Request: ( completion of project Per AR Dept. Aeronautics Name of Airport: Fayetteville Executive Airport, Drake Field Name and address of City/E-eunty Commission sponsoring request: City of Fayetteville. Arkansas 113 West Mountain St Fayetteville, AR 72701 Phone Number: 479-575-8330 Fax Number: 479-575-8257 Name and address of Engineering Firm (if applicable): McClelland Consulting Engineers Inc_ PO Box 1229 Fayetteville AR 72702-1229 Describe the work to be accomplished: Phase I Construction: move a portion HWY 71 out t of the Runway 16 Safety Area-, includes land acquisition, grading and drainage, roadway re -alignment of approximately 2500 In ft of HWY 71 and Ernest Lancaster Rd., noise mitigation/resolution of receptor #5, re-route 400ft segment of the Airport Branch channel. Person to Contact about project: Ray M. Boudreaux, Director Fayetteville Executive Airport 4500 S School Ave, Suite F Phone Number: 479-718-7642 Cell Number: 479-601-3520 Fax Number: 479-718-7646 Contact Person: Wayne Jones, PE Phone/Fax Number: 479-443-2377 State and Local Project Costs: Please indicate: 50-50% Match 80-20% Match 90-10% Match 100% Total Cost of Project Local Share/Funds Local Share/In-Kind State Share Federal ATP Projects: AlP Number: 3-05-0020-038-2009 95-5% Match X 90-10% Match Total Cost of Project: Federal Share: State Share: Local Share: ESTIMATED $3813208 208 3,622, 548 190.660 7-1.07 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: Federal AIP Grant, AR Dept Aeronautics Grant Source of In -Kind Services: Estimated starting date of project: June 2009 Estimated completion date of project: December 2010 Project will be for: New Airport X Existing Airport Is land to be leased or purchased? Yes Description of land and cost per acre: See attachment - description map of property Estimated land cost is $30,000 / acre Provide the Federal AIP Grant Number (if applicable) State Legislators for your area: State Senator: Sue Madison State Representative: Lindsley Smith 3-05-0020-038-2009 7-1-07 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument affecting use of the property for an airport. In application for a new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must ,include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The application must be based on bids and include a calculated return on investment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to receive prior approval from A.D-A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport. All rant a licants Ci and/or Coun are totall res onsible for com fiance with all Federal State Coun and Ci laws Statutes Ordinances Rules Re ulations and Executive Orders concernin contracts and urchases for which this grajapprovedp4issued. It is understood and agreed that should the sponsor fail to start this project within three (3) months of the Arkansas Department of Aeronautics' date of acceptance, that this grant is null and void. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment ofantnds are contin ent u on the- Department's biennium appropriation. IN WITNESS WHEREOF, the sponsor has caused this App ication for State Airport Aid to be duly executed in its name, this c ,ia day of , 2007. JOr ame of Signature Title 7-1-07 APPLYING FOR PAYMENT OF APPROVED GRANT FUNDS After your grant has been approved and your are ready for a partial or final payment, please provide the following documents to our office: FOR 50-50%, 80-20%, 90-10% AND 100% STATE AIRPORT AID GRANTS, YOU MUST PROVIDE: Letter requesting Payment (partial/final) stating completion of the project with the total amount of the project and the state share of the grant. Must be signed by City/County official or Airport Commissioner. Invoices for all cash expenses (copies). Engineering estimates/payment requests or contracts are not acceptable to auditors and cannot be accepted by our agency. Canceled checks to match all invoices — front and back of checks. Copy of Deed, Title Insurance, Legal Fees (Land Purchases Only). Daily time sheets for ALL in -kind work used as match for grant. The auditors will accept only ONE day of in -kind services on ONE Daily Report Form. The form must be filled out completely and signed by Supervisor and City/County Official. — No Exceptions! An expense sheet outlining expenses/or a tape showing how the amount requested for payment was totaled. FOR GRANTS MATCHING FEDERAL FUNDS, YOU MUST PROVIDE: Letter requesting payment (final only) stating completion of the project. Must be signed by City/County Official or Airport Commissioner. Copy of final Federal Aviation Administration Reimbursement Form (FAA form 271 or computer generated form accepted by the FAA). NOTE: All City/County Airports participating in Block grants with the ADA must submit all payment requests to our office. The FAA will not process your payment of these grants. WHAT YOU NEED TO RETAIN FOR YOUR FILES FOR AUDIT PURPOSES: Original signed application requesting funds. Letter of approval from State Office. All amendment request/letter granting approval or denial of amendments. Letter requesting payment (partial/final) or extension of time request for project. All documents (originals) submitted to State office for final payment of grants. Copy of State Warrant — Warrant is presented on final inspection and payment of grant. A copy of plans, deeds or any documents submitted to State Office used for approval of grant. If you have any questions concerning the process of submitting documentation for payment of your grant, please call our office at 1-800-376-6781. Ask for John Knight.. 7-1-07 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/5/2009 City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department for the Approval of a Budget Adjustment. ESTIMATED REVENUE $ 3,857,000.00 $ - Correct Runway 16 RSA Cost of this request Category 1 Project Budget Program Category! Project Name 5550.0955.6803.00 5550.0955.6820.38 $ - AviWED Imp Account Number Funds Used to Date Program / Project Category Name 07039 3 $ - Airport Fund Project Number Remaining Balance Fund Name Budgeted Item I Budget Adjustment Attached ** I**Submitted when Grant received 204-07 182-08 Previous Ordinance or Resolution # 227-08 menire Date Original Contract Date: LJkzz11 _. qj, i (o Original Contract Number: City Attorne Date 0'.. y—'10-2ooq Finance and Internal Services Director Date ��t3d9 Date Date Received in City Clerk's Office Received in Mayor's Office comments: Budget adjustment recognizing the grant funding will be submitted to Budget when total $ amount of grants are available. • 7c bk"b. w- io /fl67Ld /1m �',ni 1.W*. / Version 7103 APPLICATION FOR 2. DATE SUBMITTED Applicant rdentSer FEDERAL ASSISTANCE May 2009 FY082153 1. TYPE OF SUBMISSION: I 3. DATE RECEIVED BY STATE State Application Identifier Application Construction I Preappiiication ❑ Construction 4. DATE RECEIVED BY FEDERAL AGENCY 1' Federal Identifier ❑ Non -Construction ❑ Non -Construction 3-05-0020-038-2009 5. APPLICANT INFORMATION Legal Name: O aniztional Unit: Depa ent: Airport Department City of Fayetteville Organizational DUNS: 134398903 K Dion: Address: tame 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: 727 1 Suffix: Director of Aviation Country: United States Email: rboudreatix a@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBS SIN): Phone number (give area code): FAX number (give area code): 7 1 6 0 1 8 4 6 2 476-718-7642 479-718-7646 S. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) ❑ New ® Continuation ❑ Revi i n 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 (specify) 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASST ANCE N MBER Design Services, Land Acquisition and 2 - 1 0 6 Construction for the Runway 16 Safety Area to including the relocation of US HWY 71 and TITLE: AIP Lancaster Drive. 12. AREAS AFFECTED BY PROJECT (ci96s, counties, states, etc.') Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date 1, a. Applicant I b. Project June 2009 December 201.0 Third I Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. U THIS PREAPPLICATIONIAPPLICATION WAS MADE a. Federal $ 3,8$7,000. `, AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. ❑ PROGRAM IS NOT COVERED BY E. 0. 12372 b. Applicant $ c. State $ J 203,000. d. Local $ ° ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR e. Other $ REVIEW f. Program income $ { 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑Yes If "Yes" attach an explanation ® No g. TOTAL $ : 4,060,000. 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 Representative e. Date Signed Previous Editions Not Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction 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. Name of Governing Body Does this assistance request require State, local, Primary Rating regional, or other priority rating? Yes X No _ Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes No Name of Agency or X (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. Name of Approving Agency Does this assistance request require State, local, regional or other planning approval? Date Yes X No Item 5. Check one: State o Is the proposal project covered by an approved Local o comprehensive plan? Regional o Yes X No Location of Plan Item 6. Name of Federal Installation Will the assistance requested serve a Federal Federal Population benefiting from Project installation? Yes X No Item 7. Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? Yes X No Percent of Project Item 8. See instruction for additional information to be Will the assistance requested have an impact or effect provided on the environment? Yes X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals. individuals families, businesses, or farms? Families. Yes X No Businesses. Farms. Item 10. See instructions for additional information to be Is there other related Federal assistance on this provided. project previous, pending, or anticipated? Yes X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7. Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II- SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. - (a) The Sponsor holds the following property interest in the following areas of 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 casements 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 ident for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only he identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II- SECTION C (Continued ) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. (C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 D_S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-80184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 20.106 1. Federal Domestic Assistance Catalog No .................................20.106 2. Functional or Other Breakout .................................................... . SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 2,500.00 2. Preliminary expense 3. Land, structures, right-of-way 380,000.00 4. Architectural engineering basic fees Final Design 56,500.00 5. Other Architectural engineering fees ConstAdmin. 25,000.00 6. Project inspection fees 156,000.00 7. Land development 8. Relocation Expenses 40,000.00 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 3,400,000.00 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 4,060,000.00 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) 4,060,000.00 20. Federal Share requested of Line 19 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 3,857,000.00 23. Grantee share 0.00 24. Other shares (Ark Dept of Aeronautics) 203,000.00 25. Total Project (Lines 22, 23 & 24) $ $ $ 4,060,000.00 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-R0I 84 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) $ 203,000.00 b. Other $0.00 c. Total Other Shares 29. TOTAL $ 203,000.00 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). 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:\2008\082153-HWY 71DRAKEIDESIGN GRANTINARRATIVE-10-23.DOC ;;MeM'WV TT i T[ $OOZf9TIb'9Ma"dId1NVN4\xlw\Q1]uWN0\: State Airport Aid Application — Page 1 The City/County of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Fayetteville Arkansas, Washington county. Date of Request: J conipletiwn of project Per AR Dept. Aeronautics Name of Airport: Fayetteville Executive Airport, Drake Field Name and address of City/C-e*nty Commission sponsoring request: City of Fayetteville, Arkansas 113 West Mountain St Fayetteville, AR 72701 Phone Number: 479-575-8330 Fax Number: 479-57.5-8257 Name and address of Engineering Firm (if applicable): ._„ McClelland Engineers Inc PO Box 1229 Fayetteville AR 72702-1229 Describe the work to be accomplished: Phase I Construction: move a portion HVVY 71 out of the Runway 16 Safety,Area; includes land acquisition, grading and drainage, roadway re -alignment of approximately 2500 In ft of HWY 71 and Ernest Lancaster Rd., noise mitigation/resolution of receptor #5, re-route 400ft segment of the Airport Branch channel. Person to Contact about project: Ray M. Boudreaux, Director Fayetteville Executive Airport 4500 S School Ave, Suite F Phone Number: 479-718-7642 Cell Number: 479-601-3520 Fax Number: 479-718-7646 Contact Person: Wayne.lones,._P E Phone/Fax Number: 479-443-2377 State and Local Project Costs: Please indicate: 50-50% Match 80-20% Match 90-10% Match 100% Total Cost of Project Local Share/Funds Local Share/In-Kind State Share Federal AIP Projects: AIP Number: 3-05-0020-038-2009 95-5% Match X 90-10% Match ESTIMATED Total Cost of Project: _._$4,060,000 Federal Share: 3,857,000 State Share: 203,000 Local Share: 7-1-07 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: Federal AIP Grant, AR Dept Aeronautics Grant Source of In -Kind Services: Estimated starting date of project: June 2009 Estimated completion date of project: December 2010 Project will be for: New Airport X Existing Airport Is land to be leased or purchased? Yes Description of land and cost per acre: See attachment - description map of property Estimated land cost is $30,0001 acre Provide the Federal AIP Grant Number (if applicable): State Legislators for your area: State Senator: Sue Madison State Representative: Lindsley Smith 3-05-0020-038-2009 7-1-07 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument affecting use of the property for an airport. In application for a new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The application must be based on bids and include a calculated return on investment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to receive prior approval from A.D.A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport. All granta licants(City and/or County) are totall res onsible for com fiance with all Federal S#ate Coun and Ci laws Statutes Ordinances, Rules Re ulations and Executive Orders concernin contracts and urchases for which this rant is a roved and issued. It is understood and agreed that should the sponsor fail to start this project within three (3) months of the Arkansas Department of Aeronautics' date of acceptance, that this grant is null and void. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment o grant funds are contingent_ uon the Department's biennium appropriation. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this day of , 20 Name of Sponsor Authorized Signature Title a LL7 Barnard Clunkelherg , - Company Team c. I Potential Noise Receptor Site = Land Acquisition Figure C10 Potential Highway Noise Receptors Executive • Airport/Drake po k? rt/Drake Field C.19 RUN WAY SAFETYAREAENVIRONMENTALASSESSMEN7 r K •k.• r4 . a :w . City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Ray Boudreaux Aviation Submitted By Division Action mequirea: Transportation Department Grant Acceptance - Runway Safety Area Improvement Project Grants: 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 to fund the Runway 16 Runway Safety Area Improvement Project; and approving a budget adjustment recognizing the grant revenue. $ 3,622,548.00 $ 223,467.00 Correct Runway 16RSA Cost of this request Category 1 Project Budget Program Category / Project Name 5550.0955.6803.00 5550.0955.6820.38 $ 198,647.00 Avi/ED Imp Account Number Funds Used to Date Program / Project Category Name 07039 3 $ 24,820.00 Airport Fund Project Number Remaining Balance Fund Name Budgeted Item I Budget Adjustment Attached rPrevious Ordinance or Resolution # 119-09 Department Dire for Date Original Contract Date: b ' (I 'O el Original Contract Number: t v tomev Date ii AOO9 Finance and Internal Services Director Date •1 Received in City Revised January 15, 2009 'ii RESOLUTION 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 2"d day of June, 2009. APPROVED: ATTEST: By: _ ���G/ w�-� By: L ONELD Jo , Mayor SO DRA E. SMITH, City Clerk/Treasurer '.-.. re-rrf',Ill 1 C• 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 -Ray M. Boudreaux Aviation Transportation Submitted By Division Department Action Required: 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 V 223,467.00 Category I Project Budget- $ 198,647.00 Correct Runway 16 RSA Program Category I Protect Name Avi1ED Imp Account Number Funds Used to Date Program I Project Category Name 07039 3 $ 24,820.00 Airport Fund Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 204-07 182-08 Previous Ordinance or Resolution # 227-08 Department Director Date Original Contract Date: T1) / 1C,'.4t1_..___..._.... 440d? Original Contract Number: City Attomey D to c LL ( -2- F7 and Internal Services Director Date Received in City S Clerk's OfficeIii /1 0 - C of S ate Received in Mayors Office or - ate Comments: Revised January 15, 2009 III r City Council Meeting of May 5, 2009 Agenda Item Number: ttV11e AVIATION DIVISION ARKANSAS FAYETTEVII.LE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: Terry Gulley, Transportation Director FROM: Ray M. Boudreaux, Aviation Directo DATE: April 9, 2009 SUBJECT: - Approve application and acceptance of FAAIAIP 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.acc.essfayetteville.org/governmentfaviation airpo1 economic development(Ja.fayetteville.ar.us U.S. Department Federal Aviation Administration of Transportation Southwest Region, Airports Division Federal Aviation Arkansas/Oklahoma Airports Development Office Administration June 10, 2009 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: 2601 Meacham Boulevard Fort Worth, Texas 76137 pECEIVED J U N 1 1 2009 AIRPORT Your community has successfully completed all requirements and we are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-05-0020-038-2009 at Fayetteville Municipal Airport (Drake Field). This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • Your governing body must pass a resolution to accept, your attorney must certify, and lastly, you must execute the Grant Offer by June 24, 2009, to be valid. • After executing, you must return the Grant Offer marked "Original" to us via regular mail. • You keep the second copy for your files. • Because over $250,000 in paving is anticipated, you must submit, and we must approve, your Construction Management Plan prior to starting construction. You are authorized to use the Letter of Credit (LOC) method for securing reimbursements directly from the Federal Treasury for completed work. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to assure proper stewardship of these federal funds. You are required to make an LOC draw for allowable incurred proiect_expenses every 30 days. When you draw funds, you must pay those bills within 72 hours. If you fail to make draws on a regular basis, your grant will be placed in "inactive" status which may impact future offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A progress report is due January 15, April 15, July 15, and October 15 detailing activity from the preceding quarter; • Construction Progress Reports (FAA Form 5370-1) are due every two weeks while onsite construction is in progress; • A signed/dated "Statement and Distribution of AIP Grant Costs" or "SF Form 272" for the preceding quarter's financial activity is due on January 15, April 15, July 15, and October 15. 2 When completed and all costs determined, you need to promptly close the project by submitting: • Pre- and post -construction photographs; • Sponsor Certification for Project Final Acceptance; • Summary of all change orders and summary of all testing; • Final Statement and Distribution of AIP Costs; • A final signed and dated "Statement and Distribution of AIP Grant Costs" or "SF Form 272". Mr. Donald C. Harris, (817) 222-5634, Don.Harris(a-faa.gov, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, C/64_ f c�c_G A Edward N. Agnew Manager, Arkansas/Oklaho Airport Development Office Enclosure (2) cc: Mr. John Knight, Director Arkansas Department of Aeronautics Adams Field, One Airport Drive, 3rd Floor Little Rock, AR 72202 U.S. Department�� �i1 �` R of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER June 10, 2009 Date of Offer Fayetteville Municipal Airport Drake Field �_.--_. Airport _ 3-05-0020-038-2009 -.-..-.-_.... Grant No. 1.34398903 DUNS No. TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 3, 2009, 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 Ii all as more particularly described in the Project Application. FAA Form 5100-37 (10-89)-5100-38C I of 7 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 $3,622,548.00. 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: $3,622,548.00 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 24, 2009, 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 7 of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-1 1. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. FAA Form 5100-37 (10-89)-5100-38C 3 of 7 12. PROJECTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 13. 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 FAA Form 5100-37 (10-89)-5100-38C 4 of 7 Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 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 Governmentwide Debarment and Suspension (Nonprocurement)," 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: 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). 14. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 15. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this FAA Form 5100-37(10-89)-5100-38C 5 of 7 grant. The Sponsor will include in every contract a provision implementing this special condition. 16. UTILITY RELOCATION IN PROJECT: It is understood and agreed by and between the parties hereto that the United States shall not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs. FAA participation will be limited to those utilities located on private right-of-way or utilities that exclusively serve the Airport 17. 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 AMERICA FEDERAL AVIATION ADMINIST TION Edward N. (Typed Nam Manager, Arkansas/Oklahoma Airports Development Office _.............------J.._...__._._..._._._._....---..._..-......_.... 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 day of June, 2009. `V • •tom • FAYETTEVILLE: (BEAL) .� 44t+Iwu�N+++ City of Fayetteville 4&Donsor's of Spon r) (SignatDesignated Official Representative) By: Lioneld Jordan (Typed Name of Sponsor's Designated Official Representative) Title: Mayor (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY I, ai t, � "A- 'j , 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 Z ' S P1)1 . this (4day of June, 2009. BY C uzey.) FAA Form 5100-37 (10-89)-5100-38C 7 of 7 Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATESUBMIUEo May 29, 2009 Applicant Identifier FY082153 1. TYPE OF SUBMISSION: Application ® Conson ❑ Non.Constructlon Pn appOcation © Constructior ❑ Non -Construction 3. DATE RECEIVED BY STATE StateAppkation IdentSer 4, DATE RECEIVED BY FEDERAL AGENCY Federal IdenE5er 3-0500200382009 5. APPLICANT INFORMATION Legal Name: • City of Fayetteville Organizational Unit: Department Airport Department Organizational DUNS: 134398903 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): 7I 1- 6 0 [If 8 4 6 2 Phone number (give area code): 476-718-7642 FAX number (give area Code): 479-718-7646 8. TYPE OF APPLICATION: ❑ New . ® Continuation ❑ Revision H Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters) ❑ ❑ Ocher fsv ty) 10. CATALOG OF FEDERAL -DOMESTIC ASSISTANCE NUMBER 2 0 _ 1 0 6 TITLE: AIP 7. TYPE OF APPLICANT: (See back of form for Application Types) Other (sp�fy) 9. NAME OF FEDERAL AGENCY FAA SW Region 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. 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date June 2009 December2010 a Applicant Third b, Project Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. O THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. O PROGRAM IS NOT COVERED BY E. 0.12372 O 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? Dyes ll'Yes' attach an explanation ® No g. TOTAL $ 3,8't3,208. 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. I First Name Lioneld Last Name Jordan Suffix b. Title Mayor c. Telephone number (give area code) 479-575-8330 d. Signature of Authorized Representative e. Date Signed Previous Editions Not Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART H PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X No Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No tem4. Does this assistance request require State, local, regional or other planning approval? Name of Governing Body Primary Rating Name of Agency or Board (Attach Documentation) (Attach Comments) Name of Approving Agency Date Yes X No Item 5. Check one: State o Is the proposal project covered by an approved Local o comprehensive plan? Regional o Yes X No Location of Plan Item 6. Will the assistance requested serve a Federal installation? Yes X No Name of Federal Installation Federal Population benefiting from Project olMB No. 80-R0184 Item Name of Federal Installation R Will the assistance requested be on Federal land Location of Federal Land or installation? Yes X No Percent of Project Item 8. See instruction for additional information to be Will the assistance requested have an impact or effect provided on the environment? Yes X No Item 9. Number of: Will the assistance requested cause the displacement of individuals. Families. individuals families, businesses, or farms? Businesses. Yes X No Farms. Item 10. See instructions for additional information to be Is there other related Federal assistance on this provided. project previous, pending, or anticipated? Yes X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OkiB NO. 04-80209 PART -II - SECTION C The Sponsor hereby represents and certifies as follows: I. 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 ALP 3-0020-05-1 I & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D, E, and H. State character ofproperty interest in each area and list and identify far 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 0MB NO. 80-R0184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................................20.106 20.106 2. Functional or Other Breakout .................................................... SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense (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 D.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION oMB NO. 80-RO184 SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded From Contingency Provision (2) a. $ $ b. C. d. e. f. 0. 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 Other Ex lain 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 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). 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 FIELD\FAA CONST GRANTINARRATIVE-10-23.DOC 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_ se i.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, .the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate -clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of -real property acquired or improved with Federal financial assistance under this project; and (b). -for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 1 of 2 CES S. 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. U �. oZeQ9 DATED CITY OF FAYETTEVILLE (Sponsor) io eld Jor Mayor (Title) Page 2 of 2 RESOLUTION 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 1.6 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 I. 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 2"d day of June, 2009. APPROVED: ATTEST: By: . By: , L ONELD JO , Mayor SO DRA E. SMITH, City Clerk/Treasurer 'rfiA��,''r �U• s FAYETTEVILLE: rr, S•9�rlrt�c:; 1i��� i PART V ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2. 3, 5. 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. 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 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975-42 U.S.C. 6101, et sea. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seo.1 t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 -42 U.S.C. 4321, etseg.l v. Wild and Scenic Rivers Ad, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et �5ecL2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Assurances (3/2005) V-1 Executive Orders Executive Order 11246 - Equal Employment Opportunity) Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction) Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).) h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 I. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I.49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2 m. 49 CFR Part 26— Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.) o. 49 CFR Part 29 — Government wide debarment and suspension (non -procurement) and government wide requirements for drug - free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.) Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States. Local Governments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 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 that are not to be paid by the United States. It as sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Airport Assurances (3/2005) V-2 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects that are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project 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 frnancial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. Airport Assurances (3/2005) V-3 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation. construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary. and incorporated into the grant agreement. 17. Construction, Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b, It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d, It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal. state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required: (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. Airport Assurances (3/2005) V-4 r 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers, Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its awn aircraft with its own employees [inducting, 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 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 Actor the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3. 1982, by the owner or operator of the airport, or provisions enacted before September 3. 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning. the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49. United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. Airport Assurances (3/2005) V-5 c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary: b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years. an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary. would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, 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 he evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land when the land is no longer needed for such purposes at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) Be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project, as prescribed by the Airport Assurances (3/2005) V-6 Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United 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. c. Land shall be considered to be needed for airport purposes under this assurance if (a) It may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels and safety associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34, Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 7/1105 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 S. (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). 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 gales or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Assurances (3/2005) V-7 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS NUMBER 1111.E - - 7017460 -sand Change I Obstruction Marking and Lighting 15015000.13 Announcement of Availability—RTCA inc, Document RTCA•221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 15015100.15A Civil Rights Requirements For The Airport Improvement Program 150/5074&1 Airport Master Plans 150/5190.5 and Change 1 Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities 150/5200.288 Notices to Amman (NOTAMS) for Airport operators 150/5210-58 Painting, Marking and Lightlnp of Vehicles Used on an Airport 150/521670 Aircraft Fire and Rescue Communications 150/5210-138 Water Rescue Plans, Facllities, and Equipment 15015210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue & Firefighting Station Building Design 150/5210.18 Systems for Interactive Training of Airport Personnel 150/5210-19 Drivers Enhanced Vision System (DEVS1 15015220-48 Water Supply Systems for Aircraft Fire and Rescue Protection 15015220.10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-138 Runway Surface Condition Sensor Specification Guide 15015220-18C Automated Weather Observing Systems for Nprrfederal Apolicadons 150/5220- 1 7A and Change 1 Design Standards for Aircraft Rescue Fireflahtina Training Facilities 150/5220-18 Buitdirras for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 15015220.19 Guide Specification for Small Dust -Agent Aircraft Rescue and Firefghtina Vehicles 15015220.20 and Change I Airport Snow and Ica Control Eauipment 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 15015220.22 and Change 1 Engineered Materials Arrestina Svstema IEMASI for Aircraft Overrun& 15015300.13 and Changes 1 through 8 Airport Design 1505300.14 and Changes 1 and 2 Design of Akaaft Deidna Facilities 15015320.58 Airport Drainage 1501532MD and Changes 1 through 3 Airport Pavement Design and Evaluation 15015320-12C and Changes 1 throw h 6 Measurement. Construction, and Maintenance of Skid Resistant Airoort Pavement Surfaces 150/5370-14 Aifsort Landscaoina for Noise Control Purposes 150/5320.15 and Change 1 Management of Airport Industrial Waste 15015320-17 Airfield Pavement Surface Evaluation and Rating IPASER) Manuals 150/5325-4A and Change 1 Runway Length Requirements for Airport Design 150/5335 -Send Change I Standardized Method of Reporting Pavement Slrenath PCN 150/5340-U Standards for Airoort Markings 15015340-5B and Change 1 Segmented Circle Airport Marker System 150/5340.16D 150/5340-19 Standards for Airport Stan Systems Taxiway Centerline Lighting System 150/5345-3E Specification for L821 Panels for Remote Control of Airport Lighting 150/5345 -SA Circuit Selector Switch 15015345-7E Specification for 1824 Underground Electrical Cable far Airport Lighting Circuits 150/5345-10E Specif<ration for Constant Current Reaulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 15015345.13A Soeciftcation for L841 Auxiliary Retav Cabinet Assembly for Pilot Control of Airport Liahtina Circuits 150/5345.260 9pec15ca11on for L823 Plug end Receptacle. Cable Connectors 150/5345.270 Specification for Wind Cone Assemblies 150/5345-26F Precision Approach Path Indicator (PAPI) Systems 15015345.398 and Change 1 FAA Specification 1653, Roriwsy and Taxiway Centerline Retro reflective Markers 15015345.42D Specification for Airport tight Bases, Transformer Housings. Junction Boxes and Accessories 150/5345-43E Soedfication for Obstruction Ughbnq Equipment 150/5345-44G 5peatication for Taxiway and Runway Signs 150/5345.45A Liahtweiaht Approach Light Structure 150/5345.468 Specification for Runway and Taxiway Light Fixtures 15015345.47A Isolation Transformers for Airport Liahtina Systems 150/5345.49A Soeafication L554, Radio Control Eauloment Airport Assurances (3/2005) V-8 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/05 150!5345-50 and Change 1 Specification for Portable Runway Lights 150/5345-51 and Change 1 Specification for Discharge-TDiactiarge-Typ. Flasher E ui ment 15015345.52 Genen0 Vlsuel Glide9ooe Indicators IGVGII 150/5345.538 Alison Liahine Ecuioment Certification Proarem 150!5345-54A and Change 1 Specification for L-1884 Power and Control Unit for Land and Hold Shod 15015345-55 Ughted Visual Aid to Indicate Temporary Runway Closure 150(5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150(5360.11 Energy Conservation for Airport Buildings 15015360.120 Airport Signing & Graphics 1 5015360-1 3 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports Dunno Construction 15015370.105 Standards for Specifying Conetrucron of Airports 15015370.13 Of -peek Construction of Airport Pavements Usino Hot -Milt Asphalt 15015380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5380.7 Pavement Management System 15015380`6 Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements 150/5390-2B Heliport Design 150/5390-3 Vertlport Design 150/5395-1 Seaplane Bases 150/5200.30 Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 15015300.15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/537011 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Alroort Grant Projects 150/5370-6 Constructon Progress and Inspection Report -Airport Grant Program THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY NUMBER WILE 150/5100140 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 15015100-1SA Civil Rights Requirements For The Airport Improvement Program 150/510017 and Changes 1 through 4 Land Acquisition and Relocation Assistance forAirport Improvement Program Assisted Projects 150151905 and Change 1 Exrlusive Rights and Minimum Standards for Commercial Aeronautical Activities 15015200-30A and Changes 1 through 8 Airport Winter Safety and Operations 15015200.33A Hazardous Wildlife Attractants on or Near Airport$ 150/5300.15 Use of Value Engineering for Engineering Design of Airports Grant Projects 1501532017 Airtleld Pavement Surface Evaluation and Rating fPASER) Manuals 15(1/5360-11 Energy Conservation for Airport Buildings 150/5370-88 Construction Progress and Inspection Report —Airport Grant Program 1501537011A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-13 Off-peak Construction of Airport Pavements Using Hot -Mix Asphalt 15015380-7 Pavement Management System 154/5380-8 Handbook for Identification of Alkali-Sdica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY NUMBER TITLE 150/500012 lAnnouncemenl of Availability —Passenger Facility Charge (PFC) Application IFAA Form 5500.1) Airport Assurances (3)2005) V-9 ale wf Ilq-o`1 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements ARCHIVED N/A City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department Action Required: Ipprove Offer to Purchase Permanent Drainage Easement and Permanent Utility Easement from Standard Register :ompany. Contact Gerard Sowar, Vice President, Deputy General Council, 600 Albany St. Dayton, OH 45408; 'hone: 937-221-1940 $ 1,718.33 Cost of this request 5550.3960.7820.38 Account Number 07039 3 Project Number Budgeted Item E ^ $ 4,036,675.00 Category / Project Budget $ 3,647,076.29 Funds Used to Date $ 389, 598.71 Remaining Balance Budget Adjustment Attached Correct Runway 16 RSA Program Category I Project Name Airport Capital Exp Program I Project Category Name Airport Fund Name iJ111 O Previous Ordinance or Resolution # 119-09 I Dire or ate Original Contract Date: 1 I//riot Original Contract Number: iornev Date 11- L6 - q Finance and Internal Services Director Dale Received in City �TERED Clerk's Office 1r 'O9 Date ED Received in Mayor's Office Date Revised January 15, a ettvll1e �AAKANSAS� TO: Mayor Jordan THRU: Chief of Staff THRU: Kit Williams, City Attorney THRU: Terry Gulley, Transportation Director FROM: Ray M. Boudreaux, Aviation Director DATE: November 18, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE SUBJECT: Offer to Purchase Permanent Drainage Easement and Permanent Utility Easement from Standard Register for the Runway 16 Safety Area Improvement Project at Fayetteville Executive Airport Drake Field RECOMMENDATION: Approve signature of the Mayor on attached offer to purchase. Signature of the Mayor. BACKGROUND: We have purchased property and a Temporary Construction Easement from Standard Register for the US Highway 71 realignment outside of the Drake Field north end Safety Area. On the final review of the construction plans, Arkansas Highway and Transportation Department requested an additional Permanent Drainage Easement (PDE) on each side of the box culvert being installed over the Airport Branch Creek on which the roadway will be constructed. The State asked for the easement in order to insure access to the box culvert should it be necessary to clean the creek channel should it become clogged following a major rain event. The Airport will be required to grant a similar easement on the south side of the Creek (the property line between the Standard Register and the Airport runs along the Airport Branch creek) adjacent to this easement and also on the east side of the new culvert for the same purpose. This drainage easement is partially within an already existing utility easement which runs along the South side of Standard Register's property. It is also at the end of a drainage swale that drains Standard Register's property into the Airport Branch and is mostly inside the banks of the Airport Branch creek. The PDE contains 7,879 SF of land (0.18 Acres) and runs parallel to the creek 143 feet west of the new box culvert and is between 58 feet and 90 feet wide. It has also become necessary to acquire a Permanent Utility Easement (PUE) for the rerouting of a sewer force main. This force main easement is fully within the boundaries of the PDE described above and outside the existing PUE. The modification to the PUE is necessary due to design changes required by AHTD that slightly moved the box culvert causing the realigned sewer force main to run outside of the existing PUE. The PUE contains 817 SF of land running approximately 45 feet parallel to the Airport Branch Creek approximately 20 feet in width. THE CITY OF FAYETTEVILLE, ARKANSAS The land office of the City of Fayetteville typically pays 25% of the fee simple value for this type of easement. I have computed the value to be $1,718.33 which compensates the owner at the rate of 25% of the appraised value of the land required for the Permanent Drainage Easement. I have not added additional compensation for the PUE which is totally within the POE. DISCUSSION: The attached offer letter is submitted for signature of the Mayor. BUDGET IMPACT: This project is fully funded 95% FAA/AIP and 5% Arkansas Department of Aeronautics. Attachments: Offer Letter Permanent Drainage Easement Permanent Utility Easement Vendor Form Begin text here. ayl ttvil1e ARK November 20, 2009 The Standard Register Company Gerard Sowar, Vice President Deputy General Council 600 Albany Street Dayton, Ohio 45408 THE CITY OF FAYETTEVILLE, ARKANSAS RE: Permanent Drainage Easement and Permanent Utility Easement Runway 16 Safety Area Improvement Project, Drake 1 ield Tract No. 5 Parcel No. 765-15531-000 Dear Mr. Sowar: The City of Fayetteville is currently in the process of improving the North End Runway Safety Area at Drake Field. To do th we are realigning Highway 71 to the west so that the roadway is no, longer inside the FAesiggnnated safety area. The easements requested are needed to realign a sewer main in the Utility Easement and to provide access to the Airport Branch Creek upstream from the new box culvert over which the realigned highway 71 will cross the Creek. Attached to this letter are detailed diagrams outlining the easements I have also attached an aerial photo of the site with the easements outlined. The Permanent Drainage Easement contains 7,879 Square Feet of land much of which is in the Airport Branch Creek. The Permanent Utility Easement contains 817 Square Feet totally within the boundaries of the Permanent Drainage Easement, The City has had your property appraised by The Real Estate Consultants Inc. and a review appraisal by Reed & Associates, Inc. Based upon that appraisal, the City hereby offers $1 718.33 for the Permanent Easements which is based on 25% ofthe appraised property value of $38,000.00 per acre. Should you elect to accept this offer, the Permanent Drainage Easement and the Permanent Utility Easement contained herein should be executed by all parties with current ownership interest in this particular property. The document should be notarized and returned to the City of Fayetteville. iJpon receipt of the documents, a check will be requested and you will be paid the amount indicated in this offer. Copies of the Easements are included for your records. We can provide a copy of the recorded documents upon your request and at the appropriate time. Please provide us with a Social Security Number or a Tax identification Number (Corporation) so that a check can be issued. A Vendor Form is provided for this purpose. Payment normally takes two to three weeks from the time of receipt of this Vendor Form. Please contact Ray M. Boudreaux, Aviation Director (479-718-7642) should you wish to discuss this offer further. Thank you for your cooperation. Si ,ere�� Lioneld ��hrdan, Mayor Enclosures Electronic Copy To: Meredith Trott Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AA 72701 VENDOR FORM �]�ttle Please print or type City of Fayetteville Purchasina Division Fayetteville AR72701 Phone: (479) 575-8256 Fax: (479) 75-8257 www.accessfavetteville.or4 VENDOR TAX ACKNOWLEDGEMENT VENDOR ADDRESS & REMITTANCE INFORMATION SIGNATURE & PAYEE ACKNOWLDEGEMENT Under penalties of perjrry, I hereby certify the payee's above TIN is correct, the payee is not subject to backup withholding due to (afire to report interest and dividend income, and that the payee is a U.S. person SIGN Signature of U.S. —0 o HEREI° 1 1 Signature Date w Printed Name: Title: Rev 9.7.07 VENDOR INFORMATION 1. Social severity Number — (Owns 2. Taxpayer ID Number 554 required for sae proprietorship, _ _ (Federal TIN used thee federal DBA's, & individuals) tax rehrm) 3. Payee Name (as shown on your tax return): O 4. Business Name (it different from above - include DBA's here): 5. Business Address: m 6. City 7. State: 8. Zip Code: 9. Phone: 10. Fax: 11. Contact Name: 12. E -Mail Address: 13. Do you accept Visa as a method of payment? Please circle one: YES NO 14. What does your business provide (Check all that apply): 18. Is your business Incorporeted? 16. Is your business filed as an LLC (Limited Liability Corporation)? 16a. What is your LLC formed as? 17. Business Type (EEC's must also 80 out this section) - Box 1 in Section 1 must be filled in ❑ Services ❑ Yes ❑ Yes ❑ Sole [ Sole Proprietorship: Enter Owners Name �y (skip to Section 3) (go to 168) Proprietorship C (gob 17) O ❑ Supplies ❑ No El No ❑ Partnership ❑ Operated as a'DBA: Enter Name (go to 16) (go to 17) (go to 17) ❑ Corporation ❑ Partnership: Enter name used on tax return (skip to SectIon 3) 18. MAILING ADDRESS: Please note Nsame as above 19, PAYMENT REMITTANCE ADDRESS: Please note if same as above Street: Street: r) o City: City: V State: Zip Code: State: Zip Code: .' XITYOF FAYETTEVILLE — OFFICE USE ONLY PURCHASING OFFICE ONLY REQUESTER INFORMATION VENDOR NUMBER I I I I I I I Name of Requester. Please check one: Request Date: DATE ENTERED ' ' New Vendor O Vendor Change Requester Ext. DATE MAPPED I I I r Requester Dpi. a Entered by: P -Card Vendor? circle one: YES NO U) rz j fr�Lr,__� i /� X Al (11/16/2009) Ray Boudreaux Standard Register Force Main Easement .pdf Page 1 e+H'idd Ot,:Lb:Z 60OZ191/t 1 '6MP'asrg f5TZ9ON57aa S%PLIO I Ppu axe4 o-9SZL01LO021:N1 {1111812009) Ray Boudreaux - Tr5.StRegister.drg.easREV.doc _ Page 1 Highway 71 Relocation Parcel No. 765-15531 -000 DRAINAGE EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, The Standard Register Company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to excavate, construct, maintain, repair and/or replace an earthen retaining levee, drainage tile area, open ditch, concrete channel and/or concrete inlet box on, over, and through the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref: 492-19) A part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 33, in Township 16 North, Range 30 West, described as follows, to -wit: Beginning at a point on the East line of the St. Louis & San Francisco Railroad, which point is found by beginning at the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 33, and running thence East 46 feet; thence South 40 feet; thence South 12° East 672 feet to said beginning point; and from thence running East 700 feet; thence South 250 feet; thence East 400 feet to the West line of U.S. Highway No. 71; thence South with the West line of said Highway 1678 feet to the South line of the Northwest Quarter of the Southwest Quarter of said Section 33; thence West 703 feet to the East line of said Railroad; thence North 12° West 1984 feet to the point of beginning, containing 38.82 acres, more or less. LESS & EXCEPT that portion conveyed to the City of Fayetteville and described as a part of the NW'1,'4 of the SW% of Section 33, Township 16 North. Range 30 West, Washington County, Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33. thence along he west line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the SW corner of said NW'/, of the SW , thence along the South line of said NW'/. of the SW%, South 87 degrees 05 minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26 minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a point on the West right of way line of U.S. Highway 71; thence along said West right of way line South 4 degrees 35 minutes 50 seconds West 487.71 feet; thence continuing along said West line North 85 degrees 24 minutes 10 seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds West 469.17 feet to a point on the South line of the NW'/, of the SWY. of said Section 33, thence along said South line North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42 acres, more or less. PERMANENT DRAINAGE EASEMENT DESCRIPTION: A permanent drainage easement being described as follows, to -wit: Beginning at a point on the South line of the above described tract N87°05'37"W 371.44 feet from the Southeast corner of said property also being at the right of way of U.S. Highway 71 and running thence N87°05'37"W 113.85 feet; thence N00°38'24"E 58.81 feet; thence 589°23'40"E 143.05 feet; thence S25°26'21"W 69.84 feet to the point of beginning of this easement, containing 7,897 square feet (0.18 acre), more or less. together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to pay any damages which may arise to growing crops or fences from the above described construction, maintenance and operation as determined by three disinterested persons. One of whom shall be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to 'construct additional drainage structures within the above described permanent easement at any time in the future and agrees to pay any damages as a result of such future construction 1 i1i812009} Ray Boudreaux - Tr5.StReg'ister.drg.easREV.docTTT1T1 i _ Page 2 as set out in this easement. DRAINAGE EASEMENT Standard Register Co. Page 2 of 3 The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2009. The Standard Register Company BY: ATTEST: [Please print or type Name and Title] [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ss. COUNTY OF BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of The Standard Register Company, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2009. MY COMMISSION EXPIRES: Notary Public (1111812049) Ray Boudreaux - Tr5.DrEase.pdf _ Page 1 ' PERMANENT DRAINAGE EASEMENT MAP PUE - 7,879 SC. FT, (0.18 AC.) TRACT MAP Na S E)DIBT 'Ae NOT A SURVEY Rill` I t 1 I I II It II 1 1 t I � I 1 II 1 s I � l I I I I 1 I I ' 1 s 1 1 1 I 19 1 t ' I 1 � I Ia I t4 1 t a ` I 1R 1 1� l I 1 I I � 1 I WIaI� SAO 1 i I A-Yr I 1 I lINT NW CORNER t p u>zlelr 1 5W 1/4, SW 1/4 1 a affCi4' E I SECTION 33 t 1 68.111' T -16-N, R -30-W L 1 S n19731At E 73� aQn ���i iioi ue t ' " t I II23 4C E suns / N W — e7ay'JY Oe3.2T R I >- xl 1' - 200' 'BASS OF 6EAPoNG 1 CITY CF FAYETIEVILIE ICPS MrrL11ADl1ATIQ, NE COpWtNER SW 1/4, SW 1/4 4n' /:I II SECTION 33 T -18-N R -30-W LEGEND 7165-ISS31-OW — Toll Parcel Humber Permanent Dra1lage Easement 492-19 — Deed Record • -- Carver of Permanent Dro;noge Easement r�V OF Property Owner : Standard Register Company Project Nome U.S. CII')' Draw,, by : McClelland Consulting Englnaars S. rlrgrsWoy Relocotian Dale? Oct. 2009 Scale , 1' a 2D0' Na Resisiona Date FAYETTEVILL.R Project N. 072164 iroet HO. 5 (11/18/2009) Ray Boudreaux - Tr5A.StRe9 PE Tdoc Page 1 Highway 71 Relocation Parcel No. 765-15531000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, The Standard Register Company, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement and a temporary construction and grading easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes on, over, and through the following described land situated in the County of Washington, State of Arkansas, to - wit: PROPERTY DESCRIPTION: (Deed Ref: 492-19) A part of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 33, in Township 16 North, Range 30 West, described as follows, to -wit: Beginning at a point on the East line of the St. Louis & San Francisco Railroad, which point is found by beginning at the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 33, and running thence East 46 feet; thence South 40 feet; thence South 12° East 672 feet to said beginning point; and from thence running East 700 feet; thence South 250 feet; thence East 400 feet to the West line of U.S. Highway No. 71; thence South with the West line of said Highway 1678 feet to the South line of the Northwest Quarter of the Southwest Quarter of said Section 33; thence West 703 feet to the East line of said Railroad; thence North 12° West 1984 feet to the point of beginning, containing 38.82 acres, more or less. LESS & EXCEPT that portion conveyed to the City of Fayetteville and described as a part of the NW/ of the SWY, of Section 33, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: from the Southwest corner of said Section 33, thence along he west line of said Section 33, North 3 degrees 00 minutes 52 seconds East 1314.91 feet to the SW corner of said NW'/. of the SW, thence along the South line of said NW''/. of the SW'/,, South 87 degrees 05 minutes 37 seconds East 859.46 feet to the point of beginning, thence North 25 degrees 26 minutes 21 seconds East 88.92 feet, thence North 70 degrees 26 minutes 21 seconds East 56.57 feet, thence North 25 degrees 26 minutes 21 seconds East 756.75 feet, thence North 15 degrees 09 minutes 32 seconds East 157.01 feet to a point on the West right of way line of U.S. Highway 71; thence along said West right of way line South 4 degrees 35 minutes 50 seconds West 487.71 feet; thence continuing along said West line North 85 degrees 24 minutes 10 seconds West 10.00 feet; thence continuing along said West line South 4 degrees 35 minutes 50 seconds West 469.17 feet to a point on the South line of the NW% of the SW'/. of said Section 33, thence along said South line North 87 degrees 05 minutes 37 seconds West 371.44 feet to the point of beginning, containing 3.42 acres, more or less. PERMANENT EASEMENT DESCRIPTION: A permanent easement described as follows: Beginning at a point N87°05'37W 381.44 feet and N25°26'21"E 43.31 feet from the SW corner of the first above described tract also being from the West right of line of US Highway 71 and running thence N25°26'21"E 21.65 feet to the NE comer of this easement; thence N87°05 37"W 45.00 feet; thence S02°54'23"W 20.00 feet; thence S87°0537"E 36.70 feet to the point of beginning, containing 817 square feet (0.02 acre), more or less. together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to pay any damages which may arise to growing crops or fences from the above described construction, maintenance and operation as determined by three disinterested persons. One of whom shall be appointed by the said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. (1111812009) Ray Boudreaux - Tr5A.StR�g.PEo 111Page 2 `� WATERISEWER EASEMENT Standard Register Co. Page 2 of 3 The Grantee shall have the right to construct additional water or sewer structures within the above described permanent easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2009. The Standard Register Company BY: ATTEST: [Please print or type Name and Title] STATE OF COUNTY OF [Please print or type Name and Title) ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared and to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and respectively, of The Standard Register Company, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2009. MY COMMISSION EXPIRES: Notary Public (11/18/2009) Ray Boudreaux - Tract5.PermUtilEsmt.pdf Page 1 PERMANENT UTIUTY EASEMENT MAP PUE - 817 SO. FT. (0.02 AC.) fliACT YAP N0. 5 E70IST 'A' NOT A SURVEY , 4 I` I I' i 1 1 1 ' ' l ' � 1 1 1 1 1 1 + 1 I 1 ` I + I? I t � I is 1 4 '1 1 I la I ; 1 1 4 SW CORN SR + SW ,/4. SW 1/4 . SECTION 33 E N aC T -16-N. R -30-W L 8 87 CTJ7[ _ a emt rsaa at, AAA{ A .. 1 n 8706'JY 3&7U 21 - 206' ' BASIS OF BEAN U1 �CgTY OF FAYETTEVILtE j Ices I .&AIENTAIm � I I I I I 'a 1 1 I I I II I I I :' I II 1 .I 1 1 I, I 1 Li S852fro•E I MOO' 1 ; I — 1 II I' I m , 0011 a r.mcwu maam.� R j 17C i = 1 1 , s,7ti.e5� w r bp1 NE CORNER 5W 1/4. SW 1/4 I SECTION 33 T -16-N, R-30-■ ,r a7'...• I I N 870l3T w—eDJ.27 1 �..—..—..—.. 1 I ! I I 1. LEGEND 765-15531-000 -- Tax Parcel Nvrnber Permanent unL.IiY Easement 492-19 — Dead Record a Corner of Permanent Wilily Easement Property Owner : Stmaord Register Company I Project Norse CITY OF I Draw by : MCClcllond Consulting Englneera I U.S. Highway 71 Relocation FAYETTEVILLB Oate: Nov. 2009 Scale : ,- = znn Na Rcrsione Dote Project No. 072164 Troct No. 5 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NA City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Transportation Submitted By Division Department ?auvn rteyuuu: on Required: Review of Grant Application, forward for signature of the Mayor. REVENUE $ 197,051.00 $ 338,350.00 Correct Runway 16 RSA Cost of this request Category I Project Budget Program Category I Project Name 5550.0955.6803.00 $ 137,525.00 Airport Capital Exp Account Number Funds Used to Date Program I Project Category Name 07039 $ 200,825.00 Airport Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached • Zc -!, Previous Ordinance or Resolution # 119-09 Date Original Contract Date: 52r ` (f Original Contract Number: Date Finance and Internal Services Director Date Date Received inG-25_1 1 A0924 RCVD Clerk's Office Received in Mayor's Office Revised January 15, 2009 City Council Meeting of: NA Agenda Item Number: Tayettevlilep AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: THRU: FROM: DATE: Staff/Contract Review Committee Terry Gully, Transportation Ray M. Boudreaux, Aviation May 23, 2011 SUBJECT: Signature of the Mayor on Arkansas Aeronautics Commission grant request for 5% matching funds for the Runway 16 Safety Area Improvement Project. RECOMMENDATION: Signature of the Mayor on State Aeronautics Grant for 5% matching funds for the Runway 16 safety Area Improvement Project in the amount of $197,051. BACKGROUND: AIP 38 to improve the Runway 16 Airport Safety Area is complete. Application and receipt of State Aeronautics grant funds was approved when the project was approved in 2008. This formally requests the grant from the Aeronautics Commission. BUDGET IMPACT: This project is totally funded from FAA/AIP funding and State Aeronautics Commission funding. This grant replaces the funds already expended for the project. Attachments: Staff Review Grant City Council Resolution 4500 SOUTH SCHOOL AVENUE, SUITE F- AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX - www.accessfayetteville.org/governmentlaviation airport_economic_development@ci.fayetteville.ar.us a ettvlle ARKANSAS� May 23, 2011 Mr. John Knight, Director Arkansas Department of Aeronautics One Airport Drive, 3rd Floor Little Rock, Arkansas 72202 THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 4500 S School Ave, Ste F Fayetteville, AR 72701 P (479) 718.7642 RE: GRANT APPLICATION — DOT/FAA AIP 38, Phase III, Construction, RW16 Safety Area Improvements Dear Mr. Knight; Enclosed please find two (2) copies of a grant application to Arkansas Department of Aeronautics for 95/5% match funding on a project to improve the Runway 16 Safety Area. Fayetteville Municipal Airport requests funding in the amount of$197,051, 5% of the total project cost of $3,941,024. Fayetteville Municipal Airport respectfully requests your consideration of this grant application, and to be included on the agenda of the Aeronautics Commission board meeting in June, 2011. The project is currently being concluded and following Aeronautics Commission approval, a request for disbursement of the 5% match will be submitted without delay. Fayetteville Executive Airport respectfully requests your consideration of this grant application, and to be included on the agenda of the Aeronautics Commission board meeting in May 2011. Your assistance in this matter is greatly appreciated. Please contact me if you would like further information, or have any question concerning this application. Thank you for your consideration. Since C Ray M. Bou reaux, Director RB:jn Enclosures:\3\ Grant Application Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 State Airport Aid Application — Page 1 The City/County of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Fa eetteyille Arkansas, Washington county. Date of Request: __ May 23, 2011 Name of Airport: Fayetteville Executive Airport, Drake Field FYV Name and address of City/County Commission sponsoring request: Citv_of_Favetteville 113 West Mountain Fayetteville, AR 72701 Phone Number: 479-575-8330 Fax Number: 479-575-8257 Name and address of Engineering Firm (if applicable): McClelland Consulting Engineers Inc PQBox 1229 Fayetteville, AR 72702 Describe the work to be accomplished: Person to Contact about project: Ray M. Boudreaux 4500 S School Ave., Suite F Fayetteville, AR 72701 Phone Number: 479-718-7642 Cell Number: 479-601-3520 Fax Number: 479-718-7646 Contact Person: R. Wayne Jones, P.E. 479-443-2377 ph Phone/Fax Number: 479-443-9241 fax Phase III, construction of improvements to the RW 16 Safety Area. Comprises moving a portion of US Hwy 71 out of the Safety Area, land acquisition & easements, fencing re-route Ernest Lancaster Dr. and re -channel the Airport Branch waterway. State and Local Project Costs: Please indicate: O 50-50% Match O 80-20% Match O 90-10% Match O 100% Total Cost of Project Local Share/Funds Local Share/In-Kind State Share Federal AIP Projects: AIP Number: 3-05-0020-0038-09 IV 95-5% Match Total Cost of Project Federal Share: State Share: Local Share: 3, 941, 024.00 3,744,144.00 197,051.00 7.1-09 State Airport Aid Application -- Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: Federal: DOT/FAA State: AR Dept Aeronautics Local: City of Fayetteville - Airport Source of In -Kind Services: None Estimated starting date of project: July 2009 Estimated completion date of project: May 2011 Project will be for: New Airport Existing Airport XX Is land to be leased or purchased? Description of land and cost per acre: No Provide the Federal AIP Grant Number (if applicable): State Legislators for your area: State Senator: Sue Madison State Representative: Uvalde Lindsey 7.1 A9 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument affecting use of the property for an airport- In application for a new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The applicatipn must be based on bids and include a calculated return on investment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to receive prior approval from A.D.A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (Al?) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport. Al! rant applicants (City and/or County) are total) res onsible for compliance with all Federal State1 County1 and City laws1 Statutes Ordinances, Rules Regulations. and Executive Orders concerning contracts and purchases for which this grant is approved and issued. It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment of grant funds are contingent upon the Departments annual a ro nation. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this day of , 2011 Title 7t 09 Si3 C Department B ofU.S.T of Transportation a1 Federal Aviation Administration GRANT AGREEMENT PART 1— OFFER June 10, 2009 Date of Offer Fayetteville Municipal Airport (Drake Field) Airport 3-05-0020-038-2009 Grant No. 134398903 DUNS No. TO: . City of Fayetteville (herein called the Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the 'FAA-) WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 3, 2009, for a grant of Federal funds fora 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 II all as more particularly described in the Project Application. FAA Form 5100-37 (10-89)-5100.38C I of 7 Version 710'i APPLICATION FOR 2. DATE SUBMITTED - - AppicantIdent+aer FEDERAL ASSISTANCE May 29, 2009 FY082153 1. TYPE OF SUBMISSION: 3. DATE RECEIVED 8Y STATE Slate Application Identifier Appli atstn Preapplisatian A. DATE RECEIVED Y FE RAL AGENCY Federal Identifier Conslruction Li® Construction ❑ Non.Constructton ❑ Non -Construction (i4i 1(19 3-05-0020-038-2009 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Department: Airport Department Organizational DUNS: 134398903 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.fayettevllle.ar.us 6. EMPLOYER IDENTIFICATION NUMBER ENV): Phone number (give area code): FAX number (give area code): 7 1I_I6I0I 118 II1 2J I 476-718-7642 479-718-7646 8. TYPE OF APPLICATION: 7. TYPE OOFF APPLICANT: (See back of form for Application Types) ❑ New ® Continuation ❑ Revision 1� it Revision, enter appropriate Ietter(s) in la] k(es): ❑ ❑ back form for description Other (specify) 9. NAME OF FEDERAL AGENCY (See of of letters) Other fsp0cf FAA SW Region 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Design Services, Land Acquisition and 2 0 - 1 0 6 1 Construction for the Runway 16 Safety Area to TITLE: A€P Including the relocation of US HWY 71 and Lancaster Drive. 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. Protect Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. ❑ THIS PREAPPLICATIONIAPPLICATION WAS MADE a. Federal $ 3,622,548. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ PROCESS FOR REVIEW ON DATE b. No. ❑ PROGRAM IS NOT COVERED BY E. O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR c. State 1 190,660. d. Local $ e. Other $ REVIEW f. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Dyes If 'Yes' attach an explanation ® No g. TOTAL S 3,813,208. 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPUCATION 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 ASSURANCE$ 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. Signahrre of Authorized Representative bro..{n.... C..:....n 1.1...1 e. Date Signed (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular AA102 U.S. Department Federal Aviation Administration of Transportation 2601 Meacham Blvd. Southwest Region, Airports Division Fort Worth, Texas 76137 Federal Aviation Arkansas/OklahomaAirports Development Office Administration May 24, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: Amendment No. I Airport Improvement Program (AIP) Project No. 3-05-0020-038-2009 DUNS No. 134398903 Drake Field, Fayetteville, Arkansas This is in response to your letter dated May 20, 2011 requesting an amendment to the Grant Agreement for the subject AlP project to increase the maximum obligation of the United States, as set forth in the Grant Agreement accepted by the Sponsor on June 2, 2009. This letter, together with your letter, effects the amendment, as requested, and commits the Federal Aviation Administration, acting by and on behalf of the United States of America, to increase the maximum obligation of the United States by $121,596.00 (from $3,622,548.00 to $3,744,144.00) to cover the Federal share of the total actual eligible and allowable project costs. Under the terms of the Grant Agreement, this document is incorporated into and constitutes Amendment No. I to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. Sincerely, Edward N. Agnew Manager, Arkansas/Oklah Airports Development Of cc: Mr. Ray M Boudreax, Aviation Director Fayetteville Municipal Airport Mr. John Knight, Director Arkansas Office of Aeronautics Accounting, AMZ-I10 Zaye evi'le =ARKANSAS May 20, 2011 Edward N. Agnew Federal Aviation Administration Southwest Region, Airports Division Arkansas/Oklahoma Airports Development Office Fort worth, Texas 76193-0630 Via facsimile: 1-817-222-5987 Dear Mr. Agnew, THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 4500 S School Ave, Ste F Fayetteville, AR 72701 P (479) 718.7642 We are in the process of closing out our RSA Improvement Project, AIP Grant No. 3-05-0020-0038-2009. Final invoices for the project have been received and await processing for payment. As we have discussed previously, and as indicated in your letter of October 18, 2010 (attached) with regard to Change Order #2, this will formally request a Grant Amendment in the amount of$121,596 1 21,596 which constitutes a 3.3% increase to the originally approved Grant amount. A summary of the Grant Amendment request follows: Project Cost Actual: $3,941,204 Project Cost Approved: 3,813,208 Difference: 127,996 Difference x 0.95: 121,596 The following items added to the overall project cost: ITEM BUDGET ACTUAL DIFFERENCE Unfunded Eligible Project Formulation Costs from Phase I & Phase II - 133,027 133,027 Land Structures Right -of -Way 324,008 421,234 97,226 Utility Relocation 125,000 133,271 8,271 TOTAL 449,008 687,532 238,524 The following items reduced the overall project cost: ITEM BUDGET ACTUAL DIFFERENCE Administrative Expense 20,500 11,048 (9,452) Engineering Fees 131,800 82,315 (49,485) Project Inspection Fees 156,000 123,501 (32,499) Materials Testing 38,000 20,248 17,753 Construction Expense 3,017,900 3,016,561 1,339 TOTAL 3,364,200 3,253,672 110,528 Telecommunications Device for the Deaf TDD(479) 521-1316 113 West Mountain - Fayetteville, AR 72701 THE CITY OF FAYETTEVILLE, ARKANSAS The RSA 16 Improvement Project consisted of three separate FAA grants, AIP-36, AIP-37 and AIP-38. Our contract for items in AIP 36, Environmental Assessment and Alignment Study, received funding of approximately 83%; a combination of the federal appropriation that year at 75% and a small amount of remaining entitlement. AIP 37 comprised an Environmental Due Diligence Audit, Plans and Specifications, land surveys and bidding services, and received approximately 42.5% of the funding requiredfor the contract cost also due to the amount of AIP funds available that year. Expenses on both these planning and design phases came in below the contract amounts with McClelland Consulting Engineers, our registered consulting engineering firm. AIP-38 included project Construction and Engineering services including materials testing and project oversight. A portion of eligible engineering and design expenses from AlP 36 and 37 were assigned to the Engineering Final Design line item in anticipation of cost savings in other line items. However, the formulation costs from the previous project phases were not originally budgeted in the grant request. Land costs did not exceed the appraisals and review appraisals. The final total for land acquisition was $97,226 over the grant budget. Utility relocation also came in over the budget by $8,270.51. We were able to save money in Project Inspection Fees and Materials Testing costs. Construction also came in under the revised budget by $1,339.49 even with the addition of an $89,000.00 storm drain for Standard Register that was found during construction and $58,327.00 of additional security fencing. Our administrative costs were about half what was budgeted. The purpose of this letter is to formalize our request for a grant amendment and to request the additional spending authority to close out the project. This project has improved significantly, the airport surface and will allow new approaches for Runway 16 as several obstructions were eliminated with project. Request a grant amendment and drawdown authority in the amount of $121,596. Thank you for your assistance and your support for this important safety project for Fayetteville Executive Airport, Drake Field. 4e 1 , ) / Ray udreaux, COL AF {ret) Director Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, Al 72701 RESOLUTION 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 2°d day of June, 2009. APPROVED: ATTEST: ...By. By: L ONELD JO , Mayor 41IA4tf RA E. SMITH, City Clerk/Treasurer iIN-o9 State Airport Aid Application Instruction Page The following instructions are provided to assist in applying for State Airport Aid funds A cover letter is required from the sponsor. The letter should explain the need for the airport project in your community and the effect improvements will have on economic growth in your area of the state. A preliminary set of plans, specifications, and cost estimates must accompany the application as well as bid results if bid quotes are required. A Construction Quantities and Cost Sheet is included in the application for this purpose. A Daily Report Sheet is also included in the application for In -Kind Services reporting. This report sheet must be filled out for each day of In -Kind Services billed to the project. Two complete copies are to be mailed to the Arkansas Department of Aeronautics, #1 Airport Drive -3`d floor, Little Rock, AR. 72202. Applications are accepted each working day of the month. Applications received after the last day of each month will be considered the next funding cycle. Applications will be reviewed during a 30 -day waiting period after receipt by the Department. (Example: Applications received after the last working day of January will be acted on at the March meeting of the Commission.) Applications may be sent by FAX with hard copy to follow by mail. (FAX number is 501-378-0820) Upon receipt of your application, you will be contacted by our office for an on -site review of the project. You will be notified by mail of the date, time, and place of the meeting in which your request will be brought before the Aeronautics Commission. You are encouraged to attend the meeting to address questions concerning your proposal. You will be notified by mail of the results of your request by the Aeronautics Commission. Upon approval of a State Airport Aid grant, funds can be disbursed upon request when one-half of the total project (50%) is completed and documented (Partial Payment). Upon 100% completion of the project, a letter requesting final payment, submission of proper documentation, and inspection of the project, the remainder of state funds will be disbursed. If you have any questions concerning the grant process or grant accounting procedures, please feel free to contact our office at (501) 376-6781 or 1-800-376-6781. State Airport Aid Application — Page 1 The City/C-ew+y of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Fayetteville Arkansas, Washington county. Date of Request: May 31, 2011 Name of Airport: Fayetteville Executive Airport, Drake Field FYV Name and address of City/County Commission sponsoring request: City of Favettevilie 113 West Mountain Fayetteville, AR 72701 Phone Number: 479-575-8330 Fax Number: 479-575-8257 Name and address of Engineering Firm (if applicable): McClelland Consulting Engineers Inc PO Box 1229 Fayetteville, AR 72702 Describe the work to be accomplished: Person to Contact about project: Ray M. Boudreaux 4500 S School Ave., Suite F Fayetteville, AR 72701 Phone Number: 479-718-7642 Cell Number: 479-601-3520 Fax Number: 479-718-7646 Contact Person: R. Wayne Jones, P.E. 479-443-2377 ph Phone/Fax Number: 479-443-9241 fax Phase 111, construction of improvements to the RW 16 Safety Area. Comprises moving a portion of US Hwy 71 out of the Safety Area, land acquisition & easements, fencing re-route Ernest Lancaster Dr. and re -channel the Airport Branch waterway. State and Local Project Costs: Please indicate: O 50-50% Match O 80-20% Match 0 90-10% Match O 100% Total Cost of Project Local Share/Funds Local Share/In-Kind _ State Share Federal AIP Projects: AIP Number: 3-05-0020-0038-09 •' 95-5% Match Total Cost of Project Federal Share: State Share: Local Share: 3,915,582.00 3,719,803.00 195,779.00 7-1-09 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: Federal: DOT/FAA State: AR Dept Aeronautics Local: City of Favetteville - Al Source of In -Kind Services: Estimated starting date of project: July 2009 Estimated completion date of project: June 2011 Project will be for: New Airport Existing Airport XX Is land to be leased or purchased? Yes Description of land and cost per acre: Three partial parcels for roadway and utility easements. Tract #2, Coulson Properties - 12,038 sq ft (a) $1.75 sq ft Tract #5, Standard Register Property - 3.42 acres @ $38,000/acre Tract #6, Kearny National Inc Property - 4.81 acres $43,200/acre Provide the Federal AlP Grant Number (if applicable): 3-05-0020-0038-09 State Legislators for your area: State Senator: Sue Madison State Representative: Uvalde Lindsey 7-I-09 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics -a copy of the legal instrument affecting use of the property for an airport. In application for a new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The application must be based on bids and include a calculated return on investment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to receive prior approval from A.D.A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport. All grant applicants (City and/or County) are totally responsible for compliance with all Federal, State, County, and City laws, Statutes, Ordinances, Rules, Regulations, and Executive Orders concerning contracts and purchases for which this grant is approved and issued. It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment of rani funds are contingent upon the Department's annual approprratron. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this 3 1 +5 day of , 2011 . Lionel Jordan am of Spons thorized Signature Mayor Title 7-t-09 APPLYING FOR PAYMENT OF APPROVED GRANT FUNDS After your grant has been approved and your are ready for a partial or final payment, please provide the following documents to our office: FOR 50-50%, 80-20%, 90-10% AND 100% STATE AIRPORT AID GRANTS, YOU MUST PROVIDE: Letter requesting Payment (partial/final) stating completion of the project with the total amount of the project and the state share of the grant. Must be signed by City/County official or Airport Commissioner. Invoices for all cash expenses (copies). Engineering estimates/payment requests or contracts are not acceptable to auditors and cannot be accepted by our agency. Canceled checks to match all invoices — front and back of checks. Copy of Deed, Title Insurance, Legal Fees (Land Purchases Only). Daily time sheets for ALL in -kind work used as match for grant. The auditors will accept only ONE day of in -kind services on ONE Daily Report Form. The form must be filled out completely and signed by Supervisor and City/County Official. — No Exceptions! An expense sheet outlining expenses/or a tape showing how the amount requested for payment was totaled. FOR GRANTS MATCHING FEDERAL FUNDS, YOU MUST PROVIDE: Letter requesting payment (final only) stating completion of the project. Must be signed by City/County Official or Airport Commissioner. Copy of final Federal Aviation Administration Reimbursement Form (FAA form 271 or computer generated form accepted by the FAA). NOTE: All City/County Airports participating in Block grants with the ADA must submit all payment requests to our office. The FAA will not process your payment of these grants. WHAT YOU NEED TO RETAIN FOR YOUR FILES FOR AUDIT PURPOSES: Original signed application requesting funds. Letter of approval from State Office. All amendment request/letter granting approval or denial of amendments. Letter requesting payment (partial/final) or extension of time request for project. All documents (originals) submitted to State office for final payment of grants. Copy of State Warrant — Warrant is presented on final inspection and payment of grant. A copy of plans, deeds or any documents submitted to State Office used for approval of grant. If you have any questions concerning the process of submitting documentation for payment of your grant, please call our office at 1-800-376-6781. Ask for John Knight. ARKANSAS DEPARTMENT OF AERONAUTICS STATE AIRPORT AID GRANT CLASSIFICATIONS CURRENT JULY 2009 SAAG 95-5% MATCH (FAA -STATE) AIRPORT IMPROVEMENT PROGRAM (AIP/FAA) * Available to airports approved for Federal funding by FAA (NPIAS Airports) * Limit of 5% of total project cost — State share not to exceed $300,000 * Limit of one State Grant per FAA Grant — FAA federal grant nwnber required and all FAA Grant Assurances apply. * State Grant Application (5%) reviewed after Project completion and AIP (95%) paid. SAAG 50-50% MATCH (STATE - LOCAL) * Available to all public owned / public use airports * Limited to 50% of total project cost - State share not to exceed $300,000 * Limit of one 50% grant per airport per fiscal year * Cash and/or In -kind Match required (in -kind requires pre -approval) SAAG 80-20% MATCH (STATE - LOCAL) * Available to all public owned / public use airports * Limited to 80% of total project cost - Slate share not to exceed $400,000 * Limit of one 80% grant per airport per fiscal year * Cash and/or [n -kind Match required (in -kind requires pre -approval) SAAG 90-10% MATCH (STATE - LOCAL) * Available to all public owned / public use airports * Limited to 90% of total project cost - State share not to exceed $100,000 * Limit of one 90% grant per airport per fiscal year * Cash and/or In -kind Match required (in -kind requires pre -approval) SAAG 100% GRANT (STATE ONLY) * Available to all public owned / public use airports * Emergency requests only — limited to disaster areas — declared by the Governor * Application must be within 30 days of Governor's Declaration REMARKS: * Limit of one building per year per Airport. (T -Hangar) (Hangar) (Terminal Building). Buildings must meet State Standards. * Limit of two State -Local grants per year per Airport (any combo). No Limit on completed FAA - State Grants. * All in kind match requires Pre -Approval (NO in -kind on buildings). * Source of local match funds must be reported on 'The State Application Form' and will be reviewed by Staff & Commission for approval during the 'Application Process'. (Normally local match funding will come from city or county budgets.) * All Insurance, FEMA and other similar funding sources must be used before the Department of Aeronautics Grant Funds. * To comply with FAA Grant Assurances (and State) all revenue generated at or by the Airport must be accounted for and used by the Airport for Improvements and Operations. All Public Owned Airports are expected to make every effort to be self sustaining, REMINDER: * * The FY2010 $15,000,000.00 Grant Program is authorized for one (1) year, July 2009 — June 2010. The one year authorization, set at $15,000,000.00. allows the agency to disburse that amount only if revenue is available. ** Projects should be started immediately after Commission approval and completed within one year. After Project completion and required documentation is submitted, Sponsor %ill be reimbursed for the approved grant amount. July 1, 2009 o -� 0 J ) aCI CD 0 m U_ N LL LL O N aa) I Z Q. 0 O U U LL 0 0 U w Q D J I z O 0 I- C/) O E ^Q^' LL � T !) J EL N EY 0 U) 5 W a a) O co co 00 J U) w O z 0 CO U) O U C) � ns o � O C a) 2 CO a) F O U — a) (I CD O � C a) •_Q O O c w a) U) O U a) CD 2 N O U (0 O CD C) E CD z O 0 a) a E a) C E 0 m 0 0 U 0 z ° U, W I- I - z z OL_ I- 0 O U 0 U • fl C 0 E C ca d C 0 E Q C 0 C 7 0 E C f6 0 CO C E aJ Grant Application Requirements (Terminal Buildings, Hangars, & T -Hangars) Completed grant application, signed by airport sponsor, should include: • Signed cover letter on City/County letterhead requesting grant • Copy of FAA form 7460-1 "Notice of Proposed Construction/Alteration" (Airspace Form) • Copy of Bid Tab • Copy of Lease Agreement signed by tenant(s) where applicable • Plan drawings showing structure and location on facility • Hangars other than T -hangars should accommodate aviation business/industry All structures must meet FAA airspace and construction guidelines for airports. If project grant is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all work shall meet or exceed State, city/county/local codes and construction shall meet standard FAA construction practices. It is also strongly recommended that all construction correspond with objectives/needs identified in the airport masterplan/CIP. July 2009 Recommendation of Minimum Standards for the Construction of Aircraft Hangars The following is a list of items that the Department of Aeronautics recommends be included in the construction of aircraft hangars: T -hangars 1. Finished concrete floor that is impermeable to water seepage 2. Metal Frame which meets current State code requirements 3. Metal exterior siding 26 ga. minimum 4. Interior insulation (including doors when feasible) for all fully enclosed T -Hangars. 5. Tracking for roller doors must be placed in concrete 6. Must be designed to prevent drainage infiltration 7. Termite/pest protection Maintenance Hangars I Concrete floor with subgrade moisture barrier 2 Minimum concrete strength of 4000 psi 3 Metal Frame Which meets current State code requirements 4 Metal exterior siding 26 ga minimum 5 Interior insulation including ceiling and doors 6 Heating system 7 Tracking for roller doors must be placed in concrete 8 Must be designed to prevent drainage infiltration 9 Termite/pest protection 10 Door opening must accommodate maximum aircraft size reasonably expected in 20 year plan. All mechanical and electrical work should meet or exceed existing State codes. All hangars should also have a paved apron approach. Current State of Arkansas code requirements are as follows: 70 mph wind loading Seismic requirements depending upon Zone 1,11, or 11! Deflection Loading: Ceiling L/l 80 Dead + Live L/120 Lateral Drift L/120 Minimum collateral load + 3#/sq. ft. Minimum Live Load 20#/sq. ft. except in southern most areas of the State. July 2009 U.S. Department Federal Aviation Administration 2601 Meacham Blvd. of Transportation Southwest Region, Airports Division Fort Worth, Texas 76137 Federal Aviation Arkansas/Oklahoma Airports Development Office Administration May 24, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: Amendment No. 1 Airport Improvement Program (AIP) Project No. 3-05-0020-038-2009 DUNS No. 134398903 Drake Field, Fayetteville, Arkansas This is in response to your letter dated May 20, 2011 requesting an amendment to the Grant Agreement for the subject AIP project to increase the maximum obligation of the United States, asset forth in the Grant Agreement accepted by the Sponsor on June 2, 2009. This letter, together with your letter, effects the amendment, as requested, and commits the Federal Aviation Administration, acting by and on behalf of the United States of America, to increase the maximum obligation of the United States by $121,596.00 (from $3,622,548.00 to $3,744,144.00) to cover the Federal share of the total actual eligible and allowable project costs. Under the terms of the Grant Agreement, this document is incorporated into and constitutes Amendment No. I to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. Sincerely, Al Edward N. Agnew Manager, Arkansas/Oklah Airports Development Of cc: Mr. Ray M Boudreax, Aviation Director Fayetteville Municipal Airport Mr. John Knight, Director Arkansas Office of Aeronautics Accounting, AMZ-1 10