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HomeMy WebLinkAbout50-10 RESOLUTIONRESOLUTION NO. 50-10 A RESOLUTION AUTHORIZING APPLICATION AND APPROVING ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE TOTAL AMOUNT OF $58,109.00 TO FUND A WILDLIFE HAZARD ASSESSMENT AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, 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 application and approves acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport -Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $58,109.00, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, recognizing the grant revenue, contingent on award of the grant funds. PASSED and APPROVED this 6th day of April, 2010. APPROVED: By: .#11P AleL:Air mlimAr ELD J040,1", Mayor ATTEST: By: etteet4} SONDRA E. SMITH, City Cler_talieogr.er So- • 0 • .&„ps • •-c,\ C.-3 • . YEEVILLE: 1•4 A (7GT014 . iii milow ii City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: General. Government Division: Aviation & Economic Development Program: Airport Capital Expense Date Requested 4/6/2010 Adjustment Number Project or Item Added/Increased: $58,109 in the Wildlife Hazard Assessment project expense account Project or Item Deleted/Reduced: None. Recognize federal and state grant revenue in the State Grants on Federal Projects account and the Wildlife Hazard Assessment project revenue account. Justification of this Increase: Requested by the DOT/FAA. The project is eligible for 100% funding through federal and state grants. Justification of this Decrease: Does not require the City to provide matching funds. EXHIBIT A Account Name Account Name Increase Budget Account Number 5550 3960 7820 39 Decrease Budget Account Number State Grants on Federal Projects 5550 0955 6803 00 5550 *.f/ W svision ead 0955 6820 39 Amount Project Number 58,109 10022 1 Amount Project Number 2,905 10022 1 55,204 10022 1 Fin: ce Director • lef t-4 klo A(ACZ V.090403 ate Budget & Research Use Only Type: A C Date 3-z y-,0 Requested By Date 3 -36- 2114 General Ledger Date Date 33O '21L6 Posted to General Ledger Date Initial Date A .th corkse.4 Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/6/2010 City Council Meeting Date Agenda Items Only Aviation Division Action Required: Transportation Department Action Required: Approve Applicationfor and Acceptance of grant funding from DOT/FAA and the AR Dept of Aeronautics; $55,204 FAA, $2905 ADA. Approve Budget Adjustmentcontingent on receipt of grant funding. 58,109.00 Cost of this request 5550.3960.7820.39 Account Number 10022 1 Project Number Budgeted Item I -I Category / Project Budget Wildlife Hazard Assessment Program Category / Project Name 08100_AVED Funds Used to Date Program / Project Category Name Airport Remaining Balance Fund Name Budget Adjustment Attached Fina' • and Internal Services Director 4 0/1' aysr 3-11-10 Date Date 3-30-200 Date 3 -30 --/D Date JZWZO Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: This project is eligible for 100% funding by grants. Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 45005 School Ave, Ste F Fayetteville, An 72701 P (479)718-7642 ARKANSAS www.accessfayetteville.org CITY COUNCIL MEMO To: Mayor Jordan Thru: Chief, of Staff, Don Marr Thru: Transportation Director, Terry Gulley From: Ray M. Boudreaux, Aviation D. Date: March 29, 2010 Subject: Approve Application and Award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment to be conducted by Loomacres Wildlife Management. PROPOSAL: The FAA has directed that all Part 139 Airports conduct a Wildlife Hazard Assessment (WHA) and based on the results of the assessment, develop a Wildlife Hazard Management Plan. Our FAA Program Manager has reserved the funds for this project and is awaiting our application. This item requests approval to submit application to the FAA and receive the funding for the WHA. Arkansas Aeronautics funds the 5% match for all FAA grants awarded to airports within the State. This item also requests approval to apply to the State for the 5% grant and to receive the funding upon project completion. Loomacres Wildlife Management was selected on qualifications from 10 submittals utilizing the City purchasing procedures and selection process. The Airport Board approved this project and our request at their March 11, 2010 meeting. RECOMMENDATION: Approve application and award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment and if directed by the FAA, develop a Wildlife Hazard Management Plan for Fayetteville Executive Airport Drake Field IAW FAA directive that all Part 139 Airports perform the assessment. BUDGET IMPACT: This project is fully funded by Grants from the FAA (95%) and Arkansas Aeronautics (5%) in the total amount of $58.109.00 for the Wildlife Hazard Assessment. Should a Wildlife Hazard Management Plan be deemed necessary by the FAA, a separate grant application will be initiated in the amount of $4,671.00 or an amendment will be made by the FAA to the WHA grant. FAA is authorized to amend grants up to 15% of the original grant amount. Attachments: Staff Review Budget Adjustment FAA Grant Application Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION AND APPROVING ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE TOTAL AMOUNT OF $58,109.00 TO FUND A WILDLIFE HAZARD ASSESSMENT AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, 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 application and approves acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport -Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $58,109.00, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, recognizing the grant revenue, contingent on award of the grant funds. PASSED and APPROVED this 6th day of April, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED April 6, 2010 Applicant Identifier FY082153 1. TYPE OF SUBMISSION: Application Pre -application 3. DATE RECEIVED BY STATE State Application Identifier n N Construction,.. Non -Construction -_,,f.1 Construction Li Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 3-05-0020-039-2010 5. APPUCANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Department: Transportation Organizational DUNS: 13439803 Division: Aviation Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 4500 S School Ave, Suite F . Prefix: Mr. First Name: , Ray City: Fayetteville Middle Name M County: Washington Last Name Boudreaux State:Suffix: AR 7'2701 Director of Aviation Country: United States Email: rboudreaux@clfayetteville.ar.us 6. EMPLOYER 7 [1-6 IDENTIFICATION ELI 8 4 NUMBER (EIN): E 2 Phone Number (give area code) 479-718-7642 Fax Number (give area code) 479-718-7646 8. TYPE OF APPLICATION: V.: New r,C.1 Continuation If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) V Revision II 7. TYPE OF APPLICANT: (See back of form for Application Types) C Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: DOT/FAA SW Region 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: TITLE (Name of Program): Airport Improvement Program (AIP) sio_roi 11: DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Wildlife Hazard Assessment and Wildlife Management Plan PHASE I - Assessment 12. AREAS AFFECTED BY PROJECT (Cities, Counties, Slates, eta); Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: May 2010 Ending Date: November 2011 a. Applicant Third b. Project Third 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal$ w 55,20 4 . a. yea. 43 THIS PREAPPLICATION/APPLICATION WAS MADE ' AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ ....5 PROCESS FOR REVIEW ON c. State $ *w 2,905 DATE: d. Local $ .1.0 b. No. xi PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $O HAS NOT BEEN SELECTED BY STATE FORRRPRREVIEW f. Program Income $ .v.i 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ u. 58.109 ' U Yes If 'Yes" attach an explanation. fl..] No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY INITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Lioneld Middle Name Last Name Jordan Suffix b. Title Mayor: c. Telephone Number (give area code) 479-575-8330 d. Signature of Authorized Representative e. Date Signed Abo 10 revious Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO 2120.0569 11/302007 Item 1. Name of Goveming Body Does this assistance request require State, local, regional, or other priority rating? Yes ID No Priority Item 2. Name of Agency or Board Does this assistance request require State, local advisory, educational or health clearances? Efres ij No (Attach Documentation) Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? DYes p No Item 4. Name of Approving Agency Does this assistance request require State, local, regional, or other planning approval? OYes Ei] No Date / / Item 5 Is the proposed project covered by an approved comprehensive plan? ElYes I No Check One: State 0 Local D Regional Location of plan Item 6. Name of Federal Installation WU the assistance requested serve a Federal installation? [7:fres E No Federal Population benefiting from Project Item 7. WH the assistance requested be on Federal land or installation? DYes E No Name of Federal Installation Location of Federal Land Percent of Project Item 8. See instructions for additional information to be Wil the assistance requested have an impact or effect on the environment? Efres E No provided. Item 9. WII the assistance requested cause the displacement of individuals, families, businesses, or farms? ['Yes E No Number of: Individuals Families Businesses Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous, pending, or anticipated? [fres Ej No FAA Form 5100.100(6.73) SUPERSEDES FAA FORM 5100-100(9.03) Page 2 INSTRUCTIONS PART II SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all 'Yes" answers in the space provided in accordance with the following instructions. item 1. — Provide the name of the governing body establishing the priority system and the priority rating assigned to this project. Item 2. — Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3. — Attach the clearinghouse comments for the application in accordance with the instructions contained in Office of Management and Budget Circular No. A-95. If comments were submitted previously with a preapplication, do not submit them again but any additional comments received from the clearinghouse should be submitted with this application. Item 4. — Furnish the name of the approving agency and the approval date. Item 5. — Show whether the approved comprehensive plan is State, local or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. Item 6. — Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7. — Show the percentage of the project work that will be conducted on federally owned or leased land. Give the name of the Federal installation and its location. Item 8. — Briefly describe the possible beneficial and/or harmful impact on the environment because of the proposed project. If an adverse environmental impact is anticipated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9. — State the number of individuals, families, businesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. Item 10. — Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the status and amount of each project where there is related previous, ending, or anticipated assistance. Use additional sheets, if needed. Paperwork Reduction Act Statement: The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation. Title 49, United States Code (U.S.C.), Section 47105, identifies the information required to apply for this program. The forms prescribed to meet this requirement are developed to provide a comprehensive format that allows sponsors to provide the data needed to evaluate the request for funds. The burden for each response is estimated to be 28 hours. Approved applications benefit the sponsor by providing Federal funding to protect the Federal interest in safety, efficiency, and utility of the Nation's airport system. No assurance of confidentiality can be given since these become public records. If you wish to make any comments concerning the accuracy of this burden estimate or any suggestions for reducing this burden, send to Federal Aviation Administration, ARP -10, 50o -independence AVE, SW, VVashington, DC 20591. Please note that an agency may not conduct or sponsor, and a_person is not required to respond to, a collodion of information unless it displays a currently valid OMB control number, which is 2120-0569 for this collection. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ABA -20 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATICN ADMINiSTRATION COB NO 2120-0569 PART 11- 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 regulated 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: None 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: None 4. 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. 5. Consideration of Local Interest. — It has given fair consideration to the interest of communities in or near where the project may be located. 6. 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 7. 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. Not Applicable 8. 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 and 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. Not applicable FAA Farm 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a DEPARTMENT Of TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PART11 - SECTION C (CONTINUED) 9. 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 10. 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": Not applicable 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 property 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 aforernentioned property map designated as Exhibit "A": Not Applicable *Stele 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 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b DEPARTMENT OF TRANSPORTATION - FEDERAL AVATION ADMINISTRATION OMB NO 2120-0569 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. . 2. Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT COST CLASSIFICATION Use only for revisions Total Amount Required Latest Approved amount Adjustment 4- or (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 58,109.00 6. Project inspection fees . 7. Land development 8. Relocation expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment i 13. Miscellaneous 14. Total (Lines 1 through 13) 58,109.00 15, Estimated Income (if applicable) ,- 16. Net Project Amount (Line 14 minus 15) 58,109.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 58,109.00 20. Federal Share requested of Line 19 55,204.00 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 55,204.00 23. Grantee share 24. Other shares 2,905.00 25. Total project (Lines 22, 23, 8 24) $ $ $58,109.00 FM. Form 5100-100(9.03) SUPERSEDES FAA FORM 5100-100 (6-73) Pap 4 DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION OMB NO. 2120.0569 SECTION C - EXCLUSIONS 26. 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 $ a. Securities b. Mortgages . c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash 9. Other (Explain) h. Total — Grantee Share 28. Other Shares a. State 2,905.00 b. Other c. Total Other Shares 29. TOTAL $ SECTION E - REMARKS . PART IV - PROGRAM NARRATIVE (ATTACH— SEE tHsTRucrioNs) FAA Form 5100.100(9-03) SUPERSEDES FAA FORM 5100-100 (3-23) PAGE 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PROJECT: AIRPORT: 1. Objective: VAIdlife Hazard Assessment and Wildlife Hazard Management Plan PHASE I - Assessment to determine if a WHMP is needed , 2. Benefits Anticipated: ‘Anll provide for best approach to confidling wildlife hazards on the airfield. 3. Approach: (See approved Scope of Work in final Application) Year-long wildlife assessment law FAA requirements for a WHA, resulting in a VVHMP tailored specifically for the airport. 4. Geographic Location: VVashington County, Fayetteville, Arkansas - 6. If Applicable, Provide Additional Information: 6: Sponsor's Representative: (incl. address .4 teL no.) Same FM Form 5100-100(9-03) SUPERSEDES FAA FORM 5100-100 (6-73) PAGE 6 Ray M. Boudr ux Sub itted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/6/2010 City Council Meeting Date Agenda Items Only Aviation Division Action Re ired: ii\-*LjL) i (.• Transportation Department Action Required: Ap ove Applicationfor and Acceptanc; of grant funding from DOT/FAA and the AR Dept of Aeronautics; $59,669 • , $3140 ADA. Approve Budget Adjust entcontingent on receipt of rant funding. 62,809.10 Cost of this request 5550.3960.7820.39 Account Number 10022 1 Project Number Budgeted Item Wildlife Hazard Assessment Category / Project Budget Program Category / Project Name Funds Used to Date D8100_AVED Program / Project Category Name Airport Remaining Balance Fund Name dget Adjustment Attached X ctor 2? •10 Previous Ordinance or Resolution # Date Original Contract Date: -F0 ot, 3 - • Finance and internal -rvices Director Date Chief of Sta 3-1V-) b Original Contract Number: Date Received in yor's Office 7EREjl D Comments: This project is eligible for 100% funding by grants. Revised January 15, 2009 anteville THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 4500 5 School Ave, Ste F Fayetteville, AR 72701 P (479)718-7642 ARKANSAS www.accessfayetteville.org CITY COUNCIL MEMO To: Mayor Jordan Thru: Chief of Staff, Don Marr Thru: Transportation Director, Terry Gulley From: Ray M. Boudreaux, Aviatio Date: March 12, 2010 Subject: Approve Application and Award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment and development of a Wildlife Hazard Management Plan to be conducted by Loomacres Wildlife Management. PROPOSAL: The FAA has directed that all Part 139 Airports conduct a Wildlife Hazard Assessment (WHA) and develop a Wildlife Hazard Management Plan. Our FAA Program Manager has reserved the funds for this project and is awaiting our application. This item requests approval to submit application to the FAA and receive the funding for the project. Arkansas Aeronautics funds the 5% match for all FAA grants awarded to airports within the State. This item also requests approval to apply to the State for the 5% grant and to receive the funding upon project completion. Loomacres Wildlife Management was selected on qualifications from 10 submittals utilizing the City purchasing procedures and selection process. The Airport Board approved this project and our request at their March 11, 2010 meeting. RECOMMENDATION: Approve application and award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Management Assessment and develop a Wildlife Hazard Management Plan for Fayetteville Executive Airport Drake Field IAW FAA directive that all Part 139 Airports perform the assessment. BUDGET IMPACT: This project is fully funded by Grants from the FAA (95%) and Arkansas Aeronautics (5%) in the total amount of $62,809.00. Attachments: Staff Review Budget Adjustment FAA Grant Application Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION AND APPROVING ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE TOTAL AMOUNT OF $62,809.00 TO FUND A WILDLIFE HAZARD ASSESSMENT AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, 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 application and approves acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $62,809.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport -Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $62,809.00, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, recognizing the grant revenue, contingent on award of the grant funds. PASSED and APPROVED this 6th day of April, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year *TM Department: General Government =Division: Aviation & Economic Development Program: Airport Capital Expense Date Requested 4/6/2010 Adjustment Number Project or Item Added/Increased: $62,809 in the Wildlife Hazard Assessment project expense account Project or Item Deleted/Reduced: None. Recognize federal and state grant revenue in the State Grants on Federal Projects account and the Wildlife Hazard Assessment project revenue account. Justification of this Increase: Requested by the DOT/FAA. The project is eligible for 100% funding through federal and state grants. Justification of this Decrease: Does not require the City to provide matching funds. try , 11 ' EXHIBIT A BIM Account Name Account Name Increase Budget Account Number Amount 5550 3960 7820 39 Project Number 62,809 10022 1 Decrease Budget Account Number Amount Project Number State Grants on Federal Projects 5550 0955 6803 00 SI )66 crb..1 10022 1 5550 0955 6820 39 Ev7641 10022 1 Division ead ji Date Budget Director Date Departme rector .Lco. LL, Finance Director 3—)5.—/0 Date 3-22. 1.616 Date Chief of Staff Date Budget & Research Use Only Type: A Requested By General Ledger Date Posted to General Ledger V.090403 Initial Date Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED April 6, 2010 Applicant Identifier FY082153 1. TYPE OF SUBMISSION: Application 0 Construction El Non- Pre-apptication ig Construction Ij Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 3-05-0020-039-2010 _Qnstructtgn 5. APPLICANT INFORMATION Legal Name: City of Fayetteville Organizational Unit: Deparlment: Transportation Organizational DUNS: 13439803 Division: Aviation Address: Name and telephone number of person to be contacted on matters Involving this application (give area code) Street: 4500 S School Ave, Suite F Prefix: Mr. First Name: Ray City: Fayetteville Middle Name M County: Washington Vol tsitd it11: 51/41r: Z41?0o.fle Suffix: Director of Aviation Country: United States Email: rboudreaux@ci.fayetteville.arus 6. EMPLOYER IDENTIFICATION NUMBER (EIN): El=1-EIELIEMEI Phone Number (give area code) 479-718-7642 Fax Number (give area code) 479-718-7646 S. TYPE OF APPLICATION: Ea New El Continuation ID Revision if Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) LI 0 Other (specify) 7. TYPE OF APPUCANT: (See back of form for Application Types) C Other (specify) 9. NAME OF FEDERAL AGENCY: DOT / FAA SW Region 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: TITLE (Name of Program): Airport Improvement Program (A113) a 0_0E0 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Wildlife Hazard Assessment and Wildfire Management Plan 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: May 2010 Ending Date: November 2011 a. Applicant Third b. Project Third 15. ESTIMATED FUNDING: 16. IS APPUCATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $w 59,669 . a. yea. In THIS PREAPPLICATION/APPLICATiON WAS MADE u'a AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. Cil PROGRAM IS NOT COVERED BY E. 0. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW b. Applicant $ c. State $ .uo 3,140 d. Local $• DO e. Other $ .uu 1. Program Income $ .uu 17.15 THE APPUCANT DELINQUENT ON ANY FEDERAL DEBT? 0 Yes If "Yee attach an explanation. ID No g. TOTAL $uu 62,809 ' 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA 11.1 THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPUCANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr, First Name Lioneld Middle Name Last Name Jordan Suffix b. Title Mayor c. Telephone Number ohm area code) 479-575-8330 • d. Signature of Authorized Representative e. Date Signed Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A oma NO. 2120-0569 11,3012007 Item 1. Does this assistance request require State, local, regional, or other priority rating? fl Yes El No Name of Goveming Body Priority Item 2. Does this assistance request require State, local advisory, educational or health clearances? DYes g No Name of Agency or Board (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? DYes g No (Attach Comments) Item 4, Does this assistance request require State, local, regional, or other planning approval? OYes LI No Name of Approving Agency Date / / Item 5. Is the proposed project covered by an approved comprehensive plan? OYes LI No Check One: State Local 0 Regional 0 Location of plan Item 6. Will the assistance requested serve a Federal installation? DYes1=1 No Name of Federal Installation Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land or installation? OYes El No Name of Federal Installation Location of Federal Land Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? DYes g No See instructions for additional information to be provided. Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? EYesill No Number of: Individuals Families Businesses Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous, pending, or anticipated? DYes E No FAA Fonn 5100-100 0.73) SUPERSEDES FAA FORM 5100-100 (9-03) Page 2 DEPARTMENT OF TRANSPORTATION- FEDEFtAt AVIATION ADMINISTRATION OMB NO. 2120-0589 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 regulated 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: None 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: None 4. Consistency with Local Plans. — The project is reasonably consistent with plans (existing al 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. 5. Consideration of Local Interest. — It has given fair consideration to the interest of communities in or near where the project may be located. 6. 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. 7. 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. Not Applicable 8. 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 and 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. Not applicable FAA Form 5100-100(0-03) SUPERSEDES FAA FORM 5100-100 (6-73) Pow 30 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II- SECTION C (CONTINUED) OMB No. 2120.0588 9. 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 10. 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": Not applicable 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 property 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 landwhich 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": Not Applicable '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 (9-03) SUPERSEDES FAA FORM 5100.100(4-76) Page 3b DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO, 2120-0589 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. 2. Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT COST CLASSIFICATION Use only for revisions Total Amount Required Latest Approved amount Adjustment + or (-) 1 Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5, Other architectural engineering fees 62,809.00 6. Project inspection fees 7. Land development 8. Relocation expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines I through 13) 62,809.00 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 62,809.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 62,809.00 20. Federal Share requested of Line 19 59,669.00 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 59,669.00 23. Grantee share 24. Other shares 3,140.00 25. Total project (Lines 22, 23, & 24) $ $ $62,809.00 FAA Form 5100.100 (9.03) SUPERSEDES FAA FORM 5100-100(6-73) (9-73) Page 4 DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-05a8 SECTION C - EXCLUSIONS 26. 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 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. Total -- Grantee Share 28. Other Shares a. State 3,140.00 b. Other c. Total Other Shares 29. TOTAL SECTION E - REMARKS PART IV - PROGRAM NARRATIVE (ATTACH- SEE INSTRJCTIONS) FAA Form 5100.100 (8.03) SUPERSEDES FAA FORM 5100.100 (6.73) PAGE 5 PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0589 PROJECT: AIRPORT: 1. Objective: Wildlife Hazard Assessment and Wildlife Hazard Management Plan 2. Benefits Anticipated: Will provide for best approach to controiing wildlife hazards on the airfield. 3. Approach: (See approved Scope of Work in final Application) Year -long wildlife assessment iaw FAA requirements for a WHA, resulting in a WHMP tailored specifically for the airport. 4. Geographic Location: Washington County, Fayetteville, Arkansas 5. If Applicable, Provide Additional Information: ti: Sponsor's Representative: (incl. address & tel. no.) Same FAA Form 5160.100 (0-03f SUPERSEDES FAA FORM 5100-100 (6-73) PAGER 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 M. Boudreaux Aviation Transportation Submitted By Division Department Action Required: Resolution 50-10. $ 58,109.00 $ - Wildlife Hazard Assessment Cost of this request Category I Project Budget Program Category / Project Name 5550.3960.7820.39 $ - D8100 AVED Account Number Funds Used to Date Program 1 Project Category Name 10022 1 $ - Airport Project Number Budgeted Item Remaining Balance Budget Adjustment Attached ^ (Copy) Fund Name /0 Previous Ordinance or Resolution # 50-10 Departmen$ irector ij Date Me* O ?f /O 4iA2ttomey Date pa 6-Q Finance and Internal Services Director Date . -%-'2 to Chief of 14aff Date P/ r ate Original Contract Date: Original Contract Number: Received in City 06-18-10A10:35 RCVD Clerk's Office Received in Ell Mayor's Office Comments: Time sensitive - please expedite. PLEASE RETURN "ORIGINAL" GRANT DOCUMENT TO AIRPORT FOR MAILING 4 Revised January 15, 2009 ZayZeevi'le KANSAS STAFF REVIEW MEMO To: Mayor Jordan Thru: Terry Gulley, Transportation Director T Yv Staff Review Committee From: Ray M. Boudreaux, Airport Director Date: June 17, 2010 Subject: AIP Grant 39, Wildlife Hazard Assessment THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 4500 S School Ave, Ste F Fayetteville, AR 72701 P (479) 715-7642 PROPOSAL: Signature of the Mayor and City Attorney on an Airport Improvement Program Planning Grant offer from U.S. Department of Transportation/ Federal Aviation Administration (DOT/FAA), and, process a budget adjustment recognizing the grant revenue as authorized by Resolution 50-10, April 6h, 2010 (attached). The grant funds ninety five percent of the Wildlife Hazard Assessment project cost, with the remaining five percent balance paid by a separate grant from the Arkansas Department of Aeronautics at the conclusion of the project. RECOMMENDATION: Review Grant Agreement and forward to City Attorney Williams and Mayor Jordan for signatures. BUDGET IMPACT: The project is funded 100% by grants from state and federal agencies. Attachments: Staff Review form Copy of Resolution 50-10 Copy of Budget Adjustment submitted for Res. 50-10 Copy of Council Memorandum for Res. 50-10 Original & Sponsor Copy of Grant Agreement Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. 50-10 A RESOLUTION AUTHORIZING APPLICATION AND APPROVING ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE TOTAL AMOUNT OF $58,109.00 TO FUND A WILDLIFE HAZARD ASSESSMENT AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, 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 application and approves acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport -Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $58,109.00, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, recognizing the grant revenue, contingent on award of the grant funds. PASSED and APPROVED this 60 day of April, 2010. APPROVED: ATTEST: y: SO RA E. SMITH, City Clei der vU;FAYETTEVtLLEe �i�9s°•h'KAl'LSPOJ��,a .y « fegie��iuti+►+t City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department General Government Date Requested Adjustment Number 2009 Division: Aviation & Economic Development 4/6/2010 Program: Airport Capital Expense Project or Item Added/Increased: Project or Item Deleted/Reduced: $58,109 in the Wildlife Hazard Assessment project None. Recognize federal and state grant revenue in the expense account State Grants on Federal Projects account and the Wildlife Hazard Assessment project revenue account. Justification of this Increase: Requested by the DOT/FAA. The project is eligible for 100% funding through federal and state grants. Account Name Justification of this Decrease: Does not require the City to provide matching funds. Increase Budget Account Number Amount EXHIBIT E A j. 5550 3960 7820 39 58,109 mecrease nuager Account Name Account Number State Grants on Federal Projects 5550 0955 6803 5550 0955 6820 ivisiora ead ate Bu et Directo Date -Z ' -ia Dep a hector Date 0. - .�. 3-3a-2_ Date 3 . Date r; t4k Project Number 10022 1 Amount Project Number 00 2,905 10022 1 39 55,204 10022 1 V.090403 Budget & Research Use Only Type: A B C �] E Requested By General Ledger Date I Posted to General Ledger Initial Date Tav&tepV1I1 CITY COUNCIL MEMO THE CITY OF FAYETTEVIU..E, ARKANSAS AVIATION DIVISION 4500 S School Ave< Ste F Fayetteville, AR 72701 P (474) 718.7642 To: Mayor Jordan Thru: Chief of Staff, Don Marr Thru: Transportation Director, Terry Gulley From: Ray M. Boudreaux, Aviation Di tor Date: March 29, 2010 Subject: Approve Application and Award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment to be conducted by Loomacres Wildlife Management. PROPOSAL: The FAA has directed that all Part 139 Airports conduct a Wildlife Hazard Assessment (WHA) and based on the results of the assessment, develop a Wildlife Hazard Management Plan. Our FAA Program Manager has reserved the funds for this project and is awaiting our application. This item requests approval to submit application to the FAA and receive the funding for the WHA. Arkansas Aeronautics funds the 5% match for all FAA grants awarded to airports within the State. This item also requests approval to apply to the State for the 5% grant and to receive the funding upon project completion. Loomacres Wildlife Management was selected on qualifications from 10 submittals utilizing the City purchasing procedures and selection process. The Airport Board approved this project and our request at their March 11, 2010 meeting. RECOMMENDATION: Approve application and award of FAA and Arkansas Aeronautics Grants to fund a Wildlife Hazard Assessment and if directed by the FAA, develop a Wildlife Hazard Management Plan for Fayetteville Executive Airport Drake Field IAW FAA directive that all Part 139 Airports perform the assessment. BUDGET IMPACT: This project is fully funded by Grants from the FAA (95%) and Arkansas Aeronautics (5%) in the total amount of $58.109.00 for the Wildlife Hazard Assessment. Should a Wildlife Hazard Management Plan be deemed necessary by the FAA, a separate grant application will be initiated in the amount of $4,671.00 or an amendment will be made by the FAA to the WHA grant. FAA is authorized to amend grants up to 15% of the original grant amount. Attachments: Staff Review Budget Adjustment FAA Grant Application Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville AR 72701 RECEIVED JUN 1,7 2010 Ct Y OFMAYFA GE LE RG EN r TIME SENSITIVE This Airport Improvement Program Grant must be executed 'e to the Federal Aviation Administration IMMEDIATELY. I 1.1 T ___ kIII14.T'1L'] Mr. Edward Agnew Department of Transportation Federal Aviation Administration AR/OK ADO, ASW-630 2601 Meacham Boulevard Fort Worth, TX 76137 Phone: (817) 222 - 5630 FAX: (817) 222 - 5987 D US. Department of Transportation Federal Aviation Administration June 16, 2010 Federal Aviation Administration 2601 Meacham Boulevard Southwest Region, Airports Division Fort Worth, Texas 76137 Arkansas/Oklahoma Airports Development Office The Honorable Lioneld Jordan, Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan: 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. 3-05-0020-039-2010 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 25, 2010 to be valid. • After executing, you must return the Grant Offer marked "Original" to us via overnight or regular mail. • You keep the Sponsor Copy for your files. 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 project 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 signed/dated SF 425 for the preceding quarter's financial activity on a quarterly basis, i.e. no later than January 15, April 15, July 15, and October 15. • Construction Progress Reports (FAA Form 5370-1) are due every two weeks while on -site construction is in progress; • A signed/dated "Statement and Distribution of Project Costs" on a quarterly basis, i.e. no later than January 15, April 15, July 15, and October 15. 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 SF 425 and "Final Statement and Distribution of Project Costs". Mr. Don Harris, 817-222-5634/ Don.Harris@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, Edward N. Agnew Manager, Arkansas/Oklahoma 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 of Transportation Federal Aviation Administration ORIGINAL GRANT AGREEMENT PART I — OFFER June 16, 2010 Date of Offer 3-05-0020-039-2010 Grant No._________. 134398903 DUNS No. Fayetteville Municipal Airport (Drake Field) ------ ------ ---------...------------- Airport TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 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: Conduct Wildlife Hazard Assessment all as more particularly described in the Project Application. FAA Form 5100-37 (10-89)-5100-38C I of 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payable under this Offer shall be $55,204.00. 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: $55,204.00 for airport planning. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before June 25, 2010, 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. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. FAA Form 5100-37 (10-89)-5100-38C 2 of 4 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 FED L AVIATION ADMI ISTRATION GC�If' (Signature) Edward N. Agnew (Typed Name) Manager, Arkansas/Oklahoma Airports Development Office (Title) FAA Form 5100-37 (10-89)-5100-38C 3 of 4 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 4dday of June, 2010. City of Fayetteville ,�{tt4ttIIIINf// ►CJ• •A: (SEAL) ' :FAYETTEVILLE: -.,yyd,.9,Q SPA• �'��.- Attest: S Official By.one Id1 ...__......V.-... , r i i .---- ................------.......------ ... (Typed Name of Sponsor's Designated Official Representative) Title: .Q.-.-...-.-.-_...................................._.-........-.-.-.-.......-.-._.-..........-...._.-.-......__.-_______...m. (Typ I Title of Sponsor's Designated Official Representative) / 7, �I CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at F { (ft V+/l& ke this ZZ day of June, 2010. By of Sponsor's Attorney) FAA Form 5100-37 (10-89)-5100-38C 4 of 4 APPI IC_ATIf1AI FOR Version 7103 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier April 6, 2010 FY082153 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre -application 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Construction Construction _. Non -Construction Non -Construction 4 - 19 ! 0/O 3-05-0020-039-2010 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Department City of Fayetteville Organizational DUNS: Division: 13439803 Aviation Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 4500 S School Ave, Suite F Prefix: First Name: Mr. Ray City: Middle Name Fayetteville M County: Last Name Washington Boudreaux State: Zip Code Suffix: AR 72701 Director of Aviation Country: Email: United States roudreaux@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 479-718-7642 479-718-7646 8. TYPE OF APPLICATION: _ 7. TYPE OF APPLICANT: (See back of form for Application Types) New U Continuation L' Revision C If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) ❑ ❑ her (specify) 9. NAME OF FEDERAL AGENCY: Other (specify) DOT /FAA SW Region 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: EE_E]E0 ® Wildlife Hazard Assessment and Wildlife Management Plan TITLE (Name of Program): PHASE I - Assessment Airport Improvement Program (AIP) 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project May 2010 November 2011 Third lihird 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal a. Yes. THIS PREAPPLICATION/APPLICATION WAS MADE 55,204 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b No. is PROGRAM IS NOT COVERED BYE. O. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE b. Applicant c. State 2,905 . d. Local e. Other FOR REVIEW f. Program Income 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? U Yes If "Yesattach an explanation. 10 No g. TOTAL 58,109 . 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLJCATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE OCUMENT 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 First Name liddla Name Mr. Lioneld Last Name affix Jordan Title . Telephone Number (give area code) Mayor 479-575-8330 I. Signature of Authorized Representative . Date Signed .+ r/ Previous Edition Usable — 5tanaaro rorm azy trcev.a-cuuo) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO, 2120.0569 1 113 080 07 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Name of Governing Body Does this assistance request require State, Priority local, regional, or other priority rating? [:]Yes 91 No Item 2. Name of Agency or Board Does this assistance request require State, local (Attach Documentation) advisory, educational or health clearances? ❑Yes El No Item 3. (Attach Comments) Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes 0 No Item 4. Name of Approving Agency Does this assistance request require State, local, regional, or other planning approval? Date ! 1 ❑Yes Jj No Item 5. Check One: State ❑ Is the proposed project covered by an approved Local ❑ Regional ❑ comprehensive plan? . ❑Yes ® No Location of plan Item 6. Name of Federal Installation Will the assistance requested serve a Federal Population benefiting from Project Federal installation? ❑Yes g] No Item 7. Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? Percent of Project Dyes 7 ] No Item S. See instructions for additional information to be Will the assistance requested have an impact provided. or effect on the environment? Dyes © No Item 9. Number of: Will the assistance requested cause the displacement Individuals of individuals, families, businesses, or farms? Families Businesses Dyes !C❑ No Farms Item 10. See instructions for additional information to be provided. Is there other related Federal assistance on this project previous, pending, or anticipated? ❑Yes 0 No FAA Form 5100.100 (6.73) SUPERSEDES FAA FORM 5100-100 (9-03) Page 2 INSTRUCTIONS PART II SECTION A Negative answers will not require an explanation unless the Federal agency requests more information ate later date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instructions. Item 1. — Provide the name of the governing body establishing the priority system and the priority rating assigned to this project. Item 2. — Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval. Item 3. — Attach the clearinghouse comments for the application in accordance with the instructions contained in Office o₹ Management and Budget Circular No. A95. If comments were submitted previously with a preapplication, do not submit them again but any additional comments received from the clearinghouse should be submitted with this application. Item 4. — Furnish the name of the approving agency and the approval date. Item 5. — Show whether the approved comprehensive plan Item 10. — Show the Federal Domestic Assistance Catalog is State, local or regional, or if none of these, explain the number, the program name, the type of assistance, the scope of the plan. Give the location where the approved status and amount of each project where there is related plan is available for examination and state whether this previous, pending, or anticipated assistance. Use project is in conformance with the plan. additional sheets, if needed. Item 6. — Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7. — Show the percentage of the project work that will be conducted on federally owned or teased land_ Give the name of the Federal installation and its location. Item 8. — Briefly describe the possible beneficial and/or harmful impact on the environment because of the proposed project. If an adverse environmental impact is anticipated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9. — State the number o₹ individuals, families, businesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II -SECTION C OMB NO. 2120-0569 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 regulated 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: None 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: None 4. 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. 5. Consideration of Local Interest. — It has given fair consideration to the interest of communities in or near where the project may be located. 6. Consultation with Users. In making a decision to undertake any airport development project under Titie 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 7. Public Hearings. — in projects involving the location of an airport, an airport runway ore 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. Not Applicable 8. 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 and air and water quality standards. I 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. Not applicable FAA Form 5100-100 (9-O3) SUPERSEDES FAA FORM 5100.100 (6-73) Page 3a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II- SECTION C (CONTINUED) 9. 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 10. 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": Not applicable 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 property 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": Not Applicable *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 (9.03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A -GENERAL 1. Federal Domestic Assistance Catalog No. 2. Functional or Other Breakout SECTION B - CALCULATION OF FEDERAL GRANT COST CLASSIFICATION Use only for revisions Total Amount Required Latest Approved amount Adjustment + or (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 58,109.00 6. Project inspection fees 7. Land development 8. Relocation expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 58,109.00 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 58,109.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 58,109.00 20. Federal Share requested of Line 19 55,204.00 21. Add Rehabilitation Grants Requested (1 00 percent) 22. Total Federal grant requested (Lines 20 & 21) 55,204.00 23. Grantee share 24. Other shares 2,905.00 25. Total project (Lines 22, 23, & 24) $ $ $58,109.00 FAA Fort 5100-100 (9-03) SUPERSEDES FAA FORM 5100.100 (6-73) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION SECTION C - EXCLUSIONS ineligible for Participation 26. Classification (1) e. g. Totals PIs OMB NO. 2120-0569 Excluded from Contingency Provision (2) SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. Total — Grantee Share 28. Other Shares a. State 2,905.00 b. Other c. Total Other Shares 29. TOTAL SECTION E - REMARKS PART. IV - PROGRAM NARRATIVE (ATTACH -SEE INSTRUCTIONS) FAA Form 5100-100 {9.03) SUPERSEDES FAA FORM 5100.100 (6-73) PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO, 2120-0569 PROJECT: AIRPORT: 1. Objective: Wildlife Hazard Assessment and Wildlife Hazard Management Plan PHASE I -Assessment to determine if a WHMP is needed 2. Benefits Anticipated: Will provide for best approach to controling wildlife hazards on the airfield. 3. Approach. (See approved Scope of Work in final Application) Year -long wildlife assessment law FAA requirements for a WI -IA, resulting in a WHMP tailored specifically for the airport. 4. Geographic Location: Washington County, Fayetteville, Arkansas 5. If Applicable, Provide Additional Information: 6: Sponsor's Representative: (incl. address & tel. no.) Same FAA Form 5100-100 (9-03) SUPERSEDES FAA, FORM 5100-100(6-73) PAGE 6 ASSURANCES Airport Sponsors A. General. - 1. These assurances cis 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" mamas 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 ofthe grant offer by the sponsor, these assurances are incorporated in and become pert ofthe grain agreement. B. Duration and Applicability. ]. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life ofthe faci'liti'es developed or equipment • acquired for an airport development or noise compatibility program project, or throughout the useful life ofthe 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 assurnces regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport There shall be no limit on the duration ofthe beans, 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 tern's, conditions, and assurances ofthe grant agreement shall remain in fall force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to ibis 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 fallowing: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Ids -Bacon Act -40 U.S.C. 276(a), jg.1 c. Federal Fair Labor Standards Act -29 U.S.C. 201, et sea. d. Hatch Act - 5 U.S.C. I501, et use .,2 Airport Assurances (3/2005) e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.L 2 f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974.16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act -25 U.S.C. Section 3001, et illy ' 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 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 Discr€mination Act of 1975 -42 U.S.C. 6101, eat sw. - p. American Indian Religious Freedom Act, P.L. 95-341, as amended. • q Architectural Barriers Act of 1968 -42 U.S.C. 4151, a s.1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C. • 8373.' s. Contract Work Hours and Safety •$tandards Act -40 U.S.C. 327, et sea. c t. Copeland Anti kickback Act -18 .U.S.C. 874.'' u. National Environmental Policy Act of 1969 -42 U.S.C. 4321, et seg•c V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of•1984 - 31 U.S-.C. 7501, et seg.2 x. Drug -Free Workplace Act of 1988 -41 U.S.C. 702 through 706. Executive Orders Executive Order 11246- Equal Employment Opp thy' Executive Order 11990 - Protection of Wetlands Executive Order 11983— 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 I - Procedures for predetermination of wage rates. e. 29 CFR Part 3- Contractors and subcontractors on public building or public work financed in whole or partby loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract World Hours and Safety Standards Act).' g. 41 CFR Part 60 -Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' Airport Assurances (3/2005) h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemmeaW i. 49 CFR-Part 20 -New restrictions on lobbying. j. 49 CFR Part 21- Nondiscrimination in federally -assisted programs ofthe Department of Transportation -effectuation of Title VI ofthe Civil Rights Act of 1964. k 49 CFR Part 23- Participation by Disadvantage Business Enterprise in Airport Concessions. • L 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.' a. 49 CFR Part 29— Government wide debarment and suspension (non - procurement) and government wide requirements for drug -free workplace O• • 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.Managemeut 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 r These laws do -not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 349 CFR Part 18 and ONIB 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 giant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duty 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 acct 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 Airport Assurances (312005) to file this application, including all understandings and assurances wed 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 finds 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'ofthe airport or site thereon or will give assurance satisfactory to the Secretary that good title will be acquired. b. " For poise compatibility program projects to be carried out on the property. of the sponsor, it holds good title satisfactorytothe 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. 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. 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. For noise compatibility program projects to be carried out on -privately owned property, it will enter into an agreement with the owner of that Airport Assurances (3!2005) 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. If the sponsor is a private sponsor, it will take steps satisiactory to the Secretary to ensure that the airport will continue to fraction 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 regulationsand 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 art 7. Consideratfoa of Local Interest It has given fair consideration to the interest of communities in or near where the project may be located. S. Consultation with Users. In malting a decision to undertake any airport development project under Title 49, United States Cock, 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 noway, or a major runway extension, it has afforded the opportunity for -public hearings for the purpose of considering the economiq 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 catty 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 pavementmaintenance-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 Airport Assurances (312005) • 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, [this, 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 ft shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of agrant 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. 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 fur 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 Airport Assurances (312005) • plans, speci&ations, 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. 1$. Plauning 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 allpublished materrial 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. a. 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. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or Imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant 19 , Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as 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 Airport Assurances (312005) 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 airports 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. [twill 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 ofthe 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, ofthe noise • compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. - a. It will make the airport available as an airport for public use on reasonable • terms and without unjust demon 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. conductor to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereo f and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contactor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) 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 carrler at such airport C. Each air carrier using such airport (whether as a tenant, non tenant, 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 non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges • refered o in this assurances 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. L 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. Far 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 reduiction of space leased pursuant to an existing agreement between suds 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, Airport Assurances (3/2005) 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, tatting into account such factors as the volume of tragic 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. 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 oroff 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: S. 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 airportbudget 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 Airport Assurances (312005) 11 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 male 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 ofthe Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month thet- 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 ofi§ite 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 Airport Assurances (312005) 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 ofthe 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) elinunate 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. Civll'Rigbts. 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 fiords 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 intermit 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 ofthe property. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, it will dispose ofthe 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, 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 laud 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, (1) 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 (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances (312005) 13 • c. Land shall be considered to be needed for airport purposes larder this assurance if(1)k may be needed for aeronautical purposes ('including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency ofthe. 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 tothe 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 ofthe 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 DC of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor ofthe 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 06102/2010 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 of49 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 oftime 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 fiord 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 of49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part.26 to ensure Airport Assurances (312005) 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 may 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 wader 18 U.S.C. 1001 and/or the Program Fraud Civil, Remedies Act of 1986 (31 U.S.C. 380I). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's,. expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that 1. Describes the requests; 2. Provides art 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 I 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 (312005) FAA Advisory Circulars Required for Use In AlP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AlP FUNDED AND PFC APPROVED PROJECTS Dated: 61212010 View the most current versions of these ACs and any associated changes at httla:/lwww.faa.aovlaimorts/resources/advisory circulars 70(7480-1K Obstruction Marking and Lighting 150/5000-13A Announcement of Availability —RICA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 15015020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Change I Airport Master Plans 150/5070-7 The Airport System Planning Process 15015200-28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Airport Wnter Safety and Operations 150/5200-336 Hazardous Wildlife Attractants On or Near Airports 15015210-5D Painting, Marking and Lighting of Vehicles Used on an Airport 15015210-7D Aircraft Fire and Rescue Communications 150/5210-136 Water Rescue Plans, Facilities, and Equipment 15015210-14B Aircraft Rescue FireFighting Equipment, Tools, and Clothing 15015210-15A Airport Rescue & Firefighting Station Building Design 150/5210-1 8A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) . 150/5220-48 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-I6C_J Automated Weather Observing Systems for Non -Federal Applications y a. FAA Advisory Circulars Required for Use in AlP Funded and PFC Approved Projects June 2, 2010 Design. Standards for an Aircraft Rescue Firefighting Training Facility 15015220-17A and Change 1 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20 Airport Snow and Ice Control Equipment and Change I 150/5220-21 B' Guide Specification for Lifts Used to Board Airline Passengers'Mth Mobility Impairments 15015220-22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5300-13 and Airport Design Changes 1-15 150/5300-148 Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-178. General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition 15015300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic lnfomiation System (GIS) Standards 150/5320-5C . Surface Drainage Design and Change 1 15015320-6E Airport Pavement Design and Evaluation 150/5320-12C and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport through 8 Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 150/5320-15A Management of Airport Industrial Waste 150/5325-48 Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1J and Change 2 Standards for Airport Markings (Change 1 &2) 150/5340 -SC Segmented Circle Airport Marker System 15015340-18E Standards for Airport Sign Systems 15015340-30D Design and Installation Details for Airport Visual Aids 15015345-3F Specification for L821 Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 1505345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors. 150/5345-12E Specification for Airport and Heliport Beacon 150/5343 5-138 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Ughting Circuits 15015345-26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wnd Cone Assemblies 150/5345-28F Precision Approach Path Indicator (PAPI) Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44H Specification for Taxiway and Runway Signs 150!5345-45C Low -impact Resistant (LIR) Structures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 15015345-46D Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specifications for Series to Series Isolation Transformers for Airport Lighting System 15015345-49C Specification 1854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Light 150/5345-5IA Specification for Discharge -Type Flasher Equipment 15015345-52A Generic Visual Glideslope Indicators (GVGI) 15015345-53C Airport Lighting Equipment Certification Program 15015345-546 Specification for L-1 884, Pourer and Control Unit for Land and Hold Short 150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56A Specification for L-890 Airport Lighting Control and Monitoring System CMS. 15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12E Airport Signing and Graphics 150/5360-13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports During Construction 15015370-10E Standards for Specifying Construction of Airports 15015370.11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements 15015390-2B ' Heliport Design 15015390-3 Vertiport Design 150/5395-1 Seaplane Bases FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 15O15100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Pro acts 15015100-15A Civil Rights Requirements for the Airport Improvement Program 150!5100-17 and Changes I through 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 15015300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 15015320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 15015370 -SD Change 1-4 Construction Progress and Inspection Report — Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 15015370-13A Offpeak. Construction of Airport Pavements Using Hot -Mix Asphalt 150!5380-7A Airport Pavement Management Program 15015380-8A Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 612/2010 Announcement of Availability — Passenger Facility Charge (PFC) Application 150/5000-12 (FAA Form 5500-1) 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 $2,905 $ 58,109.00 Airport Wildlife Hazard Assessment Grant Revenue Category / Project Budget Program Category / Project Name 5550.0955.6803.00 $ 55,204.00 D810 Aviation Account Number Funds Used to Date Program / Project Category Name 10022 1 $ 2,905.00 Airport Project Number Budgeted Item IX _______ Remaining Balance Budget Adjustment Attached Fund Name __________ � Previous Ordinance or Resolution # 50-10 Date Original Contract Date: 2— Original Contract Number: Date Q , 61r�x+- , I _ ?..o - -°' 2. ? - ? P: U Finance and Internal Services Director Date Received in City R C V U Clerk's Office �, • /-�JD-ly Date Received in Mayor's Office 2j} Date :omments: Grant application to AR Dept Aeronautics is submitted at project completion Revised January 15, 2009 TayettevIiIe pS City Council Meeting of: N/A Agenda Item Number: AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMOISTAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: Terry Gulley, Transportation Direct FROM: Ray M. Boudreaux, Aviation Dector DATE: January 20, 2012 SUBJECT: Signature of Mayor on State Grant application Wildlife Hazard Assessment RECOMMENDATION: Signature of the Mayor on the State Grant application for 5% matching funds for the Wildlife Hazard Assessment Project. BACKGROUND: The City Council approved application and receipt of grant funds for this project with Resolution 50-11. BUDGET IMPACT: Grant revenue will be $2,905.00. Attachments: Staff Review Grant Application 4500 SOUTH SCHOOL AVENUE, SUITE F - AIRPORT TERMINAL BUILDING - FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX - www.accessfayetteville.org/govemment/aviabon airport_economic_development@ci.fayetteville.ar.us Zaylee-VIe RKAN5A5� January 19, 2012 Mr. John Knight, Director Arkansas Department of Aeronautics One Airport Drive, 3rd Floor Little Rock, Arkansas 72202 RE: GRANT APPLICATION — DOT/FAA AIP 39, Wildlife Hazard Assessment Dear Mr. Knight; THE CITY OF FAYETTEVILLE, ARKANSAS AVIATION DIVISION 4500 S School Ave, Ste F Fayetteville, AR 72701 P (4791718-7642 Enclosed please find two (2) copies of a grant application to Arkansas Department of Aeronautics for 95/5% match funding on a project to conduct a Wildlife Hazard Assessment. Fayetteville Municipal Airport requests funding in the amount of $2905, 5% of the total project cost of $58,109. 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 February, 2012. Following Aeronautics Commission approval, a request for disbursement of the 5% match will be submitted without delay. Thank you for your consideration. Sincerel Ray M. Bou ux, Director RB:jn Enclosures:13\ Grant Application Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayettev+lle, AR 72701 State Airport Aid Application — Page 1 The City/County of Fa etteville , 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: 1/18/12 Name of Airport: Fayetteville Executive Airport, Drake Field Name and address of City/County Commission sponsoring request: City of Fayetteville 113 West Mountain Fayetteville AR 72701 Phone Number: 479-575-8330 Fax Number: 479-575-8257 Name and address of Engineering Firm (if applicable): Loomacres Wildlife Management Inc. PO Box 361 Warnerville, NY 12187 607-760-8748 ph Person to Contact about project: Ray M Boudreaux 4500 S School Ave Ste F Fayetteville, AR 72701 Phone Number: 479-718-7642 Cell Number: 479-601-3520 Fax Number: 479-718-7646 Contact Person: Cody Baciuska, Pres. Phone/Fax Number: 518-618-3129 fax Describe the work to be accomplished: Conduct a Wildlife Hazard Assessment 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: 3-05-0020-0039-2010 O 95-5% Match Total Cost of Project: 58,109.00 Federal Share: 55,204.00 State Share: 2,905.00 Local Share: 7-1-11 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: DOT/FAA AIP Grant 95%, AR Dept of Aeronautics 5% Source of In -Kind Services: Estimated starting date of project: August 2010 Estimated completion date of project: December 2011 Project will be for: New Airport X Existing Airport Is land to be leased or purchased? No Description of land and cost per acre: Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0039-2010 State Legislators for your area: State Senator: Sue Madison State Representative: Uvalde Lindsey 7-1-11 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-I, 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. Additionally, all hgr/building grant applications must include proof of insurance coverage. 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. Amendment requests are to be made only under extraordinary circumstances. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment of rant funds are contingent upon the Department's annual appropriation. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this Z.$r day of , 2012 . ork am of sponsor A oriled Signature _Jfitle 7-l-1] a U.S. Department ORIGINAL of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER June 16, 2010 Date of Offer Fayetteville Municipal Airport (Drake Field) Airport 3-05-0020-039-2010 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 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: Conduct Wildlife Hazard Assessment all as more particularly described in the Project Application. FAA Form 5100-37 (10.89)-5100-38C 1 of 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to - pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. The maximum obligation of the United States payableunder this Offer shall be $55,204.00. 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: $55,204.00 for airport planning. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to a[lowability 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 25, 2010, 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. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. FAA Form 5100-37 (1 0-89)-51 o0 -38C 2 of 4 RESOLUTION NO. 50-10 A RESOLUTION AUTHORIZING APPLICATION AND APPROVING ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF AERONAUTICS IN THE TOTAL AMOUNT OF $58,109.00 TO FUND A WILDLIFE HAZARD ASSESSMENT AT FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, 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 application and approves acceptance of grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics in the total amount of $58,109.00 to fund a Wildlife Hazard Assessment at Fayetteville Executive Airport -Drake Field. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $58,109.00, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein, recognizing the grant revenue, contingent on award of the grant funds. PASSED and APPROVED this 6`h day of April, 2010. APPROVED: ATTEST: .OUTL5P►YcitEPORT ANa RE UES F0RjREtMBURSEMEN 'IVA � st FOR �OI!IIST �T1�N P 2OG�MS :� a�� z?s ��snistrction$k?= �' Pte; ] 9P0NS0��'� %0 DA GANIZA £CEftE t `z s k e n r� 913ra�Y v: 4- Z W�•IiCI! S REPP "-FecleraI;Avlahon cImtntstrahon >� r8 PL�OYErt'IpEHTIF]CATIQN eE[?� 1 RECIPI AccOlll�TUgiJ ER q -.,.•�,.t�'$t � M.. .�.��' ,�•. ; � 71-6018462 DUN 34 e .�,, � +3� L ¢ ...��� • _ ^.�•- •��'� ' � erne �'j�y �� CITY OF FAYETTEVILLE �E7[ECli7lyg AptppRl IpRAKE FfrXb °etz 4500 S. SCHOOL AVE, SUITE F z#' FAYETTEVILLE AR 72701 ' f J;._ .fbif��c ]x��.$:L'. �• GVEQ OMB NaAQ:M J PAGE ' OF d Pages y OF EQUEST `b r 2"B ISIS- QUEST W-w,'z , °� r� f a �s`^ _._L�sy i2r71 I FEOERA GRANT OR pTfiER UiENT1FYfNG' 3050020003910 gPAR7*I PAYMgpgREQIlE31 HOB a 6 $ _� �g J a 13 ° F,�IDD CO o �� TyOE OR,' ' t'# OM, ��.,Y..Yw.1 ' ��...'�:a€�� .�..f�''C das'i►�.:�.::: ;�--.�,L4.�:. US 2011 ' December August 1 1Q PAYEE h �sthan ike 19 � � ; �' ��' .. 3 b, am9e- x ECHO DRAWDOWN Proj# 05002039 :IY-GY'fii _ , ECHO Control # 69.0.05 102 a ECHO Message # 2018156711 p _4� 9 "�i 4: - _ _ illlniStiaOY .i � : t1�� EandstnxXuresi'h;`g'�'..�,��y 5 � �sr }4 � s.�r `x' . �"� .r_' ., _ $ 87.50 $ 87.03 muRatl*fl4 � ".. •>� =�� $ 0.47 - _ - }�1 S1 0Qi; . 53 958.58 4150.42 58,109.00 iRelRttlos? 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S "C JSf-! tr ------.«•---;,R.•-----------•ewe -......0 v -----v a�ry. 79; f.1 Y.....l.�w.'�.s�-'�'�.. 3�wC$f �•Yw'!� "r 1..., y. Ray M. Boudreaux, Director Aviation &Eco Dev Fsl THORIZEO`CERTlFYiNG OFFiCA7 3,�, �..:r. ni'aJ� eJd@ 2 479-718-7642 DATE RI=FURY ' ;�a.q,.sW.,'. .3 7 / g l L' T1fpE NT IAMEAND � �. ,! `T ;iw.�r 's ! _.y-x•5Yi• 1'YA `t.a§..� Air Financial Coordinator LERHON $IM YiY' `Xi^'Y„ .An/o� 479-718-7642 Ly.�.w-:.:.....:.� ...,..._ .ci:n1Y-_ t�..�, 'isk,.a L.rs�a �-.L":..,.a.._.s.x. t� �.�. ,... .. .�.,..,..._ »�.c-�..�_.—._.ca..,..•-.�-.�^r:�a.sY.{xr.__t!z"r,n».:_»�.�.�3�....:. �.:..-.T..�.. _�.a� •��S::.�