HomeMy WebLinkAbout143-11 RESOLUTIONRESOLUTION NO. 143-11
A RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF A
FEDERAL AVIATION ADMINISTRATION 95% PROJECT COST GRANT
AND AN ARKANSAS DEPARTMENT OF AERONAUTICS 5% MATCHING
GRANT, FOR THE DRAKE FIELD RUNWAY REJUVENATION PROJECT
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 acceptance of a Federal Aviation Administration 95% project cost grant and an
Arkansas Department of Aeronautics 5% matching grant for the Drake Field Runway
Rejuvenation Project.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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FAYETTEVILLE
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Ray M. Boudreaux
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/16/2011
City Council Meeting Date
Agenda Items Only
Aviation
Division
Action Required:
Transportation
Department
Action Required:
a) Approve authority to accept a Grant Offer from DOT/FAA (95% of project cost) & an Arkansas Department of
Aeronautics grant (5% match).
$
309,765.00
GRANT REVENUE
5550.3960.7820.40
Account Number
11023 1
Project Number
Budgeted Item
REVENUE BUDGET
Category1 Project Budget
Airport Pavement Rehab & Re -mark
Program Category / Project Name
Airport Capital Exp
Funds Used to Date Program / Project Category Name
Airport
Remaining Balance Fund Name
Budget Adjustment Attached
Finance and Internal Services Director
1 -
Date
671 ti
Date
8.2- dot(
Date
Date
Previous Ordinance or Resolution # 126-11
Original Contract Date: 19 -Jul
Original Contract Number:
Comments: Project to be 100% funded with grants from the DOT/FAA and Arkansas Department of Aeronautics.
Revised January 15, 2009
City Council Meeting of: August 16, 2011
Agenda Item Number:
aye ev1
AVIATION DIVISION
ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
THRU: Chief of Staff
THRU: Staff/Contract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation Dire
DATE: July 27, 2011
SUBJECT: Approve authority to accept a Grant Off ; r from DOT/FAA (95% of project
cost) and apply for and accept and Arkansas Department of Aeronautics
grant (5% match) for the Runway Rejuvenation Project at Drake Field.
RECOMMENDATION: Approve authority to accept the Grant Offer from the FAA (95%) and
authority to apply for and accept a grant from the Arkansas Department of Aeronautics (5%
match) for the Runway Rejuvenation Project at Drake Field.
BACKGROUND: The FAA grant application for runway rejuvenation and re -striping was
signed by the Mayor on July 27, 2011. The application was submitted to the FAA for approval
on July 29, 2011 per request of Paul Burns, FAA Project Manager, Southwest Region Airport
Development Office. Per his request, the project was designed and bid with City Council
approval of Task Order No. 6 with McClelland Consulting Engineers with the low bid offered by
Time Striping. Mr. Burns has indicated that the Grant offer will be sent to the City of
Fayetteville for acceptance around September 2, 2011 thus the request for authority for accept
the offer and for the Mayor to affix his signature prior to receipt of the offer. The FAA typically
requires a very short turnaround.
BUDGET IMPACT: Project total cost including engineering and project oversight is
$309,765.00. FAA grant request is for $294,277.00. This project is totally grant eligible from
FAA/AIP funding (95%) and State Aeronautics Commission funding (5%). We will not proceed
with the construction until FAA grant funds have been awarded.
Attachments: FAA Grant Application
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701
479.718.7642 • 479.718.7646 FAX •www.accessfayetteville.org/government/aviation
a i rpo rt_e sono m i c_d ev e l op m ent@ci . fayettevi l l e.a r. u s
RESOLUTION NO.
A RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF A
FEDERAL AVIATION ADMINISTRATION 95% PROJECT COST GRANT
AND AN ARKANSAS DEPARTMENT OF AERONAUTICS 5% MATCHING
GRANT, FOR THE DRAKE FIELD RUNWAY REJUVENATION PROJECT
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 acceptance of a Federal Aviation Administration 95% project cost grant and an
Arkansas Department of Aeronautics 5% matching grant for the Drake Field Runway
Rejuvenation Project.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
OMB Number: 4040-0004
Expiration Date: 03/31/2012
Application for Federal Assistance SF -424
-1. Type of Submission:
M Preapplication
0 Application
D Changed/Corrected Application
" 2. Type
of Application: * It Revision, select appropriate letter(s):
® New
la Continuation
n Revision
• Other (Specify}
"3. Date Received: 4. Applicant Identifier.
5a. Federal Entity Identifier.
*5b. Federal Award Identifier
AR/OK ADO, ASW -630
3-05-0020-40-2011
State Use Only:
6. Date Received by State:
7. State Application Iden1iI1er:
8. APPLICANT INFORMATION:
. a. Legal Name: city or Fayetteville
"b. Employer7Taxpayerldentification Number (EINITIN):
716018462
"c. Organizational DUNS:
134398903
d. Address:
. Streets:
Street2:
" City:
County:
" State:
Province:
`Country:
`Zip /Postal Code:
14500 S School Ave , Ste F
Fayetteville
Washington
Arkansas
USA: UNITED STATES
72701 .
e. Organizadonal Unit:
Department Name:
Division Name:
Transportation
I Aviation
f. Name and contact information of person to be contacted on matters
involving this application:
prefix_
Middle Name:
Last Name:
Suffix:
Col. (USAF ret.) " First Name:
Ray
M
Boudreaux
title: Aviation Director -
Organizational Afffation:
Airport Manager, Drake Field, KFYV
" Telephone Number:
479-718-7642 Fax Number 479-718-7646
" Email: rboudreaux@ci.fayetteville.ar.us
Application for Federal Assistance SF-424
9. Type of Applicant 1: Select Applicant Type:
(C) City Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number.
20.106 1
CFDA Tide:
Airport Improvement Program (AIP)
* 12. Funding Opportunity Number.
* Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Fayetteville, Washington County, Arkansas
* 15. Descriptive Title of Applicant's Project:
Pavement Rehabilitation & Re-marking
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF -424
16. Congressional
* a. Applicant
Districts Of: ,
AR District 3 ` b. Program/Project AR District 3
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed
* a. Stag Date:
Project:
October 2011 • b. End Date: November 2011
18. Estimated Funding (Z):
* a. Federal 294,277
• b. Applicant
* c. State 15,488
* d. Local
* e. Other
* f. Program Income
* g. TOTAL 309,765
• 19. Is Application
Ex a. This application
CI b. Program
€11:-a c. Program
Subject to Review By State Under Executive Order 12372 Process?
was made available to the State under the Executive Order 12372 Process for review on
is subject to E.O. 12372 but has not been selected by the State for review.
is not covered by E.O. 12372.
*20.1s the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Applicant Federal Debt Delinquency Explanation
ri Yes No
21. *By signing
herein are true,
comply with any
subject me to
this application, I certify (1) to the statements contained in the list of certifications'• and (2) that the statements
complete and accurate to the best of my knowledge. I also provide the required assurances*` and agree to
resulting terms if I accept an award. t are aware that any false, fictitious, or fraudulent statements or claims may
criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
and assurances, or an interne site where you may obtain this list, is contained in the announcement or agency
0 ~IAGREE
** The list of certifications
specific instructions.
Authorized Representative:
Prefix.
Middle Name:
* Last Name:
Suffoc:
The Honorable • First Name: Lioneld
Jordan
*Title: Mayor, City of Fayetteville
* Telephone Number: 479-575-8330 Fax Number. 479-575-8257
" Email: Ijordani ci.tayetteville.ar,us
* Signature of Authorized
�,�[% // 7 /
Representative: /,� + n.-- * Date Signed: 7! �f j
Application for Federal Assistance SF -424
*Applicant federal Debt Delinquency Explanation
The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt Maximum number of
characters that can be entered is 4,009, Try and avoid extra spaces and carriage returns to maximize the availability of space.
NIA
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
OMB NO. 2120-0569
11130/2007
Item 1.
Does this assistance request require State, local, regional,
or other priority rating?
❑ Yes ❑X No
Name of Governing Body:
Priority:
Item 2_
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes Ix1No
Name of Agency or Board:
(Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
n Yes ❑ No
(Attach Comments)
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
[ ] Yes U No
Name of Approving Agency:
Date: / /
Item 5.
Is the proposal project covered by an approved
comprehensive plan?
❑ Yes 0 No
Check one:
Location of Plan:
State
Local
Regional
Item 6.
Will the assistance requested serve a Federal
installation?
Yes n No
Name of Federal Installation:
Federal Population benefiting from Project:
Item 7.
Will the assistance requested be on Federal land
or installation?
Name of Federal Installation:
Location of Federal Land:
n Yes U No Percent of Project:
Item 8.
Will the assistance requested have an impact or effect on
the environment?
❑ Yes I XI No
See instruction for additional information to be
provided
Item 9.
Will the assistance requested cause the displacement of
individuals, families, businesses, or farms?
n Yes X No
Number of:
Individuals:
Families:
Businesses:
Farms:
Item 10.
Is there other related Federal assistance on this
project previous, pending, or antici ated?
I IYes No
See instructions for additional information to be
provided.
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
one NO. 2120-0569
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in
the vicinity of Fayetteville Executive Airport, Drake Field. 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 cavy 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.
Yes
5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be
located.
Not applicable
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 which project is proposed.
Not applicable
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 Govemor 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 shalt be provided within sixty days after the project application has been received by the Secretary.
Not applicable
FAA Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100 (6-73)
Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C (Continued)
OMB NO. 2120-0569
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 tine company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor wilt 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, ail of which
areas are identified on the aforementioned property map designated as Exhibit "A":
Not applicable
(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"
*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(4-75) Page 3b
- FEDERAL AVIATION ADMINISTRATION
oMs No. 2120-0569
PART ill - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No 20-106
2. Functional or Other Breakout
.
Airport Improvement Program
SECTION B -CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Amount
Required
Latest Approved
Latest
Amount
Adjustment
1- or (-)
1. Administration expense
$
$
$ 1,000
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
$ 9,830
5. Other Architectural engineering fees
$ 2,500
6. Project inspection fees
$ 10,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$ 285,935
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 309,765
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 309,765
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 309,765
20. Federal Share requested of Line 19
$ 294,277
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 294,277
23. Grantee share
-0-
24. Other shares AR State Dept Aeronautics 5% Match
$ 15,488
25. Total Project (Lines 22, 23 & 24)
$
$
$ 309,765
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73)
age
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMS NO, 2120-0569
SECTION C - EXCLUSIONS
Classification
Ineligible for
Participation
(1)
Excluded From
Contingency Provision
(2)
a.
$
$
b.
c.
d.
e.
f.
9. Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
$
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 Arkansas Department of Aeronautics
$ 15,488
b. Other
c. Total Other Shares
29. TOTAL
$ 15,488
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73)
Page 5
PART IV
PROGRAM NARRATIVE
(Suggested Format)
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 2120-0569
PROJECT : Pavement Rehabilitation & Re -marking
AIRPORT : Drake Field, FYV
1. Objective:
Rehabilitate the existing Runway and Taxiways. Project comprises rubber removal, crack seal, asphalt
rejuvenation sealer, and re -marking. Re -marking to add the recently required enhanced runway holding position
markings.
2. Benefits Anticipated:
Will extend the usable life of the pavement. WW ensure airfield markings are up to date.
3. Approach : (See approved Scope of Work in Final Application)
d. Consulting Airport Engineer to produce plans & specifications for bidding. Suitable specialized pavement
rehab and painting contractors hired to perform the work.
4. Geographic Location:
Runway and taxiways. See attached vicinity map, Exhibit "A"
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address & Telephone number)
Ray M. Boudreaux, Director Aviation Division
4500 S School Ave, Ste F
Fayetteville, AR, 72701
Phone: 479-718-7642, Fax: 479718-7646, e-mail: rboudreaux@ci.fayetteville.ar.us
FAA Form 5100-100 (9-03) SUPERSEDES FM FORM 5100-100 (6-73)
Page 6
State Airport Aid Application — Page 1
The City/Ceant of Fayetteville , herein called "Sponsor", hereby makes
application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for
the purpose of aiding in financing a project for the development of a municipal airport located in the city
of Fayetteville Arkansas, Washington county.
Date of Request: August 16, 2011 - Application submitted at project completion
Name of Airport: Fayetteville Executive Airport, Drake Field FYV
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):
McClelland Consulting Engineers Inc
PO Box 1229
Fayetteville, AR 72702
Person to Contact about project:
Ray M. Boudreaux
4500 S School Ave., Suite F
Fayetteville, AR 72701
Phone Number: 479-718-7642
Cell Number: 479-601-3520
Fax Number: 479-718-7646
Contact Person: R. Wayne Jones, P. E.
479-443-2377 ph
Phone/Fax Number: 479-443-9241 fax
Describe the work to be accomplished:
Pavement rehabilitation to include: Rubber removal and cleaning, joint & crack seal, application
of rejuvenation sealer, re -marking to include newly required Enhanced RW Hold Line marking.
State and Local Project Costs:
Please indicate:
O 50-50% Match
O 80-20% Match
O 90-10% Match
0 100%
Total Cost of Project
Local Share/Funds
Local Share/In-Kind
State Share
Federal AIP Projects:
AIP Number: 3-05-0020-0040-11
.& 95-5% Match
Total Cost of Project: 309,765.00
Federal Share: 294,277.00
State Share: 15,488.00
Local Share:
7-1-09
State Airport Aid Application -- Page 2
Provide the information listed below as it applies to your project:
Funding:
Source of Funds:
Federal: DOT/FAA State: AR Dept Aeronautics
Source of In -Kind Services: None
Estimated starting date of project: July 2011
Estimated completion date of project: Dec 2011
Project will be for: New Airport Existing Airport XX
Is land to be leased or purchased? No
Description of land and cost per acre:
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0040-11
State Legislators for your area:
State Senator: Sue Madison
State Representative: Uvalde Lindsey
7-1-09
State Airport Aid Application — Page 3
The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument
affecting use of the property for an airport. In application for a new landing site or expansion of existing
facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before
review for grant can be made by the State. Applications for hangar construction or renovation funds
must include a signed lease agreement. This agreement must be in compliance with all FAA grant
assurances. The application must be based on bids and include a calculated return on investment.
No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without
State Aeronautics Commission prior approval. All requests for sale or disposal of property will be
considered on an individual case basis. No hangar (funded by a grant from the Department of
Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior
approval. All requests for non -aviation use will be considered on a case-by-case basis. Failure to
receive prior approval from A.D.A. concerning land and/or building use could result in the commission
requesting grant refund from the Sponsor.
No airport accepting State Grant funding may issue an Exclusive Rights lease.
All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state
grant can be approved.
All Grant applications involving Federal Airport Improvement Program (AW) 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 alI developments and construction shall meet standard FAA .construction practices as
outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a
base and a thickness that will accommodate the weight of aircraft expected to operate at this airport.
All rant a licants Ci and/or Count are totall res onsible for corn liance with all Federal
State, County, and City laws, Statutes, Ordinances,, Rules, Regulations, and Executive Orders
concernin contracts and urchases for which this rant is a s s roved and issued.
It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It
is also agreed that this project shall be completed within one year from the date of acceptance of this
grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if
circumstances beyond the sponsor's control occur.
Funds will be disbursed according to Department procedures and final inspection of completed project
(See payment instruction page). Payment of grant funds are contingent upon the 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 ko 4'6 day of ldd t , 2011 .
Lion -Id Jordan
of Sponsor,
Mayor
orized Signature
Title
7-1-G9
Pavement areas to be rehabilitated 1 re -marked
Ray M. Boudreaux
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
N/A
City Council Meeting Date
Agenda Items Only ,
Aviation
Division
Action Required:
Transportation
Department
Action Required:
a) Signature of Mayor on a Grant Offer from DOT/FAA (95% of project cost)
239,497.00
GRANT REVENUE
REVENUE BUDGET
5550.0955.6820.40 $
Account Number
11023 1
Project Number
Budgeted Item 1-1
Category / Project Budget
Airport Pavement Rehab & Re -mark
Program Category 1 Project Name
Airport Revenue
Funds Used to Date Program / Project Category Name
Airport
Remaining Balance Fund Name
Budget Adjustment Attached
126-11
S.* -71/ Previous Ordinance or Resolution # 143-11
1)(x3.
ce and Internal Services Director
Chief Staff
Original Contract Date:
-33 -Ut j Original Contract Number:
Date
$- 3a• wtir
Date
/VO4
Date
J J
ate
Received in
Mayor's Office
Comments: A Budget Adjustment to recognize the grant revenue to be submitted as a Council Agenda item for the September
20th meeting.
Revised January 15, 2009
RESOLUTION NO. 143-11
A RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF A
FEDERAL AVIATION ADMINISTRATION 95% PROJECT COST GRANT
AND AN ARKANSAS DEPARTMENT OF AERONAUTICS 5% MATCHING
GRANT, FOR THE DRAKE FIELD RUNWAY REJUVENATION PROJECT
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 acceptance of a Federal Aviation Administration 95% project cost grant and an
Arkansas Department of Aeronautics 5% matching grant for the Drake Field Runway
Rejuvenation Project.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED:
By:
ATTEST:
By:
AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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
Submitted By
Aviation
Division
Transportation
Department
Action Kequirea:
tion Required:
Approve authority to accept a Grant Offer from DOT/FAA (95% of project cost) & an Arkansas Department of
ronautics grant (5% match).
$ 239,497.00
GRANT REVENUE
5550.3960.7820.40
Account Number
11023 1
Project Number
Budgeted Item II
REVENUE BUDGET
Category! Project Budget
Airport Pavement Rehab & Re -mark
Program CategoryI Project Name
Airport Capital Exp
Funds Used to Date Program I Project Category Name
$ _ Airport
Remaining Balance
Budget Adjustment Attached
Date
S'fz- r/
Date
:..�O.MIc, Rj., ' - t z-zoi,
Finance and Internal Services Director Date
Fund Name
Previous Ordinance or Resolution # 126-11
Original Contract Date: 19 -Jul
Original Contract Number:
0g_, 2--1 1 p02.
Received in City
Clerk's Office
Received in C �{
Mayor's Office
Comments: Project to be 100% funded with grants from the DOT/FAA and Arkansas Department of Aeronautics.
The Item is on the 8/16/11 Council Agenda. The Grant dollar amount is revised per FAA request.
Revised January15, 2009
City Council Meeting of: N/A
Agenda Item Number:
aye evale
AVIATION DIVISION
FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
TRRU: Chief of Staff
THRU: Staff/Contract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation Dir ctor
DATE: August 10, 2011
SUBJECT: Approve Amended Grant Application for the Runway Rejuvenation
Project at the airport reducing the amount of the grant request to
$239,497 per request of the FAA program manager, Paul Burns.
Signature of the Mayor and City Clerk.
RECOMMENDATION: Signature of the Mayor and City Clerk on amended FAA/AIP grant
application in the amount of $239,497 for the Runway Rejuvenation Project at Drake Field.
BACKGROUND: FAA does not have the funds to approve grant funding for. an amount more
than the already approved entitlement fiends assigned to Drake Field for the Rejuvenation
Project. McClelland Consulting Engineers has reduced the scope of the project to include the
runway and taxiway "A" only leaving Taxiway 'B" for a later date. The new scope falls within
the available funding and has been agreed to by the Contractor, Time Striping. The amended
application is due to the FAA by August 18, 2011 signed.
BUDGET IMPACT: This project is 95% funded through FAA/AIP grant funds and 5% through
State Aeronautics Commission.
Attachments: Staff Review
Amended Grant Application
Original Grant Application
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 727101
479.718.7642 • 479.718.7646 FAX - www.accessfayetteville.orgfgovemment/aviation
airporL economic development@d.fayetteville.ar.us
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/16/2011
City Council Meeting Date
Agenda items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
Action
Action Required:
a) Approve authority to accept a Grant Offer from DOTIFAA (95% of project cost) & an Arkansas Department of
Aeronautics grant (5% match).,
$ 309,765.00
GRANT REVENUE
5550.3960.7820.40
Account Number
11023 1
Project Number
Budgeted Item
REVENUE BUDGET
Category I Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Airport Pavement Rehab & Re -mark
Program Category / Project Name
Airport Capital Exp
Program! Project Category Name
Airport
Fund Name
. 2- I Previous Ordinance or Resolution # 126-11
Date
Original Contract Date: 19 -Jul
612 - lr Original Contract Number:
Date
Finance and Internal Services Director Date
41VL 1L_ -
Chief of St Date
Ma r ate
Received in City e4
Clerk's Office i E
(1I
Received in y�
Mayors Office
comments: Project to be 100% funded with grants from the DOT/FAA and Arkansas Department of Aeronautics.
Revised January 15, 2009
City Council Meeting of August 16, 2011
Agenda Item Number:
'ttw.. Tile AVIATION DIVISION
ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
THRU Chief of Staff
THRU: StafllContract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation Dir or
DATE: July 27, 2011
SUBJECT: Approve authority to accept a Grant Off r from DOT/FAA (95% of project
cost) and apply for and accept and Arkansas Department of Aeronautics
grant (5% match) for the Runway Rejuvenation Project at Drake Field.
RECOMMENDATION: Approve authority to accept the Grant Offer from the FAA (95%) and
authority to apply for and accept a grant from the Arkansas Department of Aeronautics (5%
match) for the Runway Rejuvenation Project at Drake Field.
BACKGROUND: The FAA grant application for runway rejuvenation and re -striping was
signed by the Mayor on July 27, 2011. The application was submitted to the FAA for approval
on July 29, 2011 per request of Paul Burns, FAA Project Manager, Southwest Region Airport
Development Office. Per his request, the project was designed and bid with City Council
approval of Task Order No. 6 with McClelland Consulting Engineers with the low bid offered by
Time Striping. Mr. Burns has indicated that the Grant offer will be sent to the City of
Fayetteville for acceptance around September 2, 2011 thus the request for authority for accept
the offer and for the Mayor to affix his signature prior to receipt of the offer. The FAA typically
requires a very short turnaround.
BUDGET IMPACT: Project total cost including engineering and project oversight is
$309,765.00. FAA grant request is for $294,277.00. This project is totally grant eligible from
FAAJAIP funding (95%) and State Aeronautics Commission funding (5%). We will not proceed
with the construction until FAA grant funds have been awarded.
Attachments: FAA Grant Application
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYE1TEVILLE AR 72701
479.718.7642 479.718.7646 FAX • www.accessfayetteville.orglgovernmentlaviaton
airport economic development@ci.fayetteville.ar.us
TIME SENSITIVE
This Airport Improvement Program Grant must
be executed returned to the Federal Aviation
Administration IMMEDIATELY.
.1.iic. _
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
US. Department Federal Aviation Administration 2601 Meacham Boulevard
of Transportation Southwest Region, Airports Division Fort Worth, Texas 76137
Federal Aviation Arkansas/Oklahoma Airports Development Office
Administration
August 29, 2011
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mayor Jordan:
We are enclosing the original and one copy of the Grant Offer for Airport Improvement
Program (AIP) Project No. 3-05-0020-040-2011 at Drake Field Airport. This letter outlines
expectations for success. Please read the conditions and assurances carefully.
To properly enter into this agreement, please accomplish the following:
• The governing body must pass a resolution and execute the grant, along with your
attorney's certification, by September 9, 2011, in order for the grant to be valid.
• We ask that you return the Grant Offer marked "Original" to us by overnight mail and
maintain the copy marked "Sponsor" for your records.
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 rewired to make a LOC draw for allowable incurred project
expenses every 30 days. Should you fail to make draws on a regular basis, your grant may
be placed in "inactive" status which will impact future grant offers.
Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
A signed./dated SF -271 (or equivalent) and 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; and
Construction Progress Reports (FAA Form 5370-1) are due every two weeks while
on -site construction is in progress.
Once the project(s) is completed and all costs are determined, we ask that you close the
project without delay and submit, as a minimum, the following:
• Pre- and post -construction photographs; and
• Sponsor Certification for Project Final Acceptance; and
• Summary of all change orders and summary of all testing; and
• Final SF -271 (or equivalent) and SF -425.
Mr. Paul Burns, 817-222-5648, aul.burns(ai)faa. ov 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
LI Manager, Arkansas/Oklahoma
Airports Development Office
Enclosure (2)
cc:
Mr. John Knight, Director
Arkansas Department of Aeronautics
SPONSOR COPY
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
August 29, 2011
Date of Offer
Drake Field
Airport/Planning Area
3-05-0020-040-2011
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 August 16, 2011, for a grant of
Federal funds for a project at or associated with the Drake Field Airport, 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 (or Planning Area) (herein called the "Project")
consisting of the following:
Rehabiliate Runway
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89)-5100-38C 1 of 5
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing
the Project, ninety-five (95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. The maximum obligation of the United States payable under this Offer shall be $239,497.00. 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:
$239,497.00 for airport development or noise program implementation.
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 September 9, 2011, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving
the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually
needed for its disbursements and to timely reporting of such disbursements as required. It is understood that
failure to adhere to this provision may cause the letter of credit to be revoked.
10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the
life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation
of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely,
if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and
will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
FAA Form 5100-37 (10-89)-5100-38C 2 of 5
United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance
of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or
the grant description is amended to the description specified.
11. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's
compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply
with this requirement may result in suspension, cancellation, or termination of Federal assistance under this
agreement.
12. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at
the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a
minimum, the program must conform with the provisions outlined below
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed,
reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their
locations, and remedial action, scheduled or performed, must be documented. The minimum information to
be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive -by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so
long as the information and records produced by the pavement survey can be retrieved to provide a report to
the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are provided under this
FAA Form 5100-37 (10-89)-5100-38C 3 of 5
grant. The Sponsor will include in every contract a provision implementing this special condition.
14. REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) DATABASE: The Sponsor agrees
that it will maintain an active Central Contractor Registration (CCR) database registration with current
information at all times during which it has an active Federal award (i.e. an open AIP grant).
15. 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.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
Edward N. Agnew
(Typed Name)
Manager, Arkansas/Oklahoma
Airports Development Office
...............................................................................---..........-_..__._.........._. _..
(Title)
FAA Form 5100-37 (10-89)-5100-38C 4 of 5
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditio s in this Offer and i the Project Application.
Executed this i5O.1 day of , aoil
(SEAL)
By:
Fayetteville
fionsor's Designated Official
Representative)
jQ../..d..............Zer.....dan._.._............................._.........._._..................._-.-._-.....
(Typed Name of Sponsor's Designated Official
Representative)
................!!! Q'._,........................_._........_._.___..................._._._._.._.............._.........._._._...._._._....................._.-...--......----.......
(Ted Title of Sponsor's Designated Official
Representative)
�/ CERTIFICATE OF SPONSOR'S ATTORNEY
I, �� /1 s (t tf 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 /-c-✓�,, 1, . 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 4 . 3o CA this _______ day of /-vel ulz- l-.)(
By
igna ur o ponsor s
FAA Form 5100-37 (10-89)-5100-38C 5 of 5
OMB Number: 4040-0004
Expiration Date: 03131/2012
Application for Federal Assistance SF -424
1. Type of Submission:
Preapplication
Application
ChangedlCorrected Application
`2, Type of Application: * If Revision, select appropriate letter(s):
(x; New
Continuation Other (Specify)
i a Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
* 5b. Federal Award Identifier:
3-05-0020-40-2011
AR/OK ADO, ASW-630
State Use Only:
6. Date Received by State:
7. State Application Identifier:
8. APPLICANT INFORMATION:
* a. Legal Name: City of Fayetteville
b. Employer/Taxpayer Identification Number (EIN/TIN}:
716018462
c. Organizational DUNS:
134398903
d. Address:
• Streeti: 14500 S School Ave , Ste F
Street2:
City: Fayetteville
County: Washington
* State; Arkansas
Province:
'Country:
USA: UNITED STATES
Zip! Postal Code: 172701
e- Organizational Unit:
Department Name:
Division Name:
Aviation
Transportation
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Col. (USAF rat.) * First Name:
Middle Name: M
Ray
Last Name: Boudreaux
Suffix:
Title: Aviation Director
Organizational Affiliation:
Airport Manager, Drake Field, KFYV
* Telephone Number: 479-718-7642
Fax Number: 479-718-7646
Email: rboudreaux@ci_fayetteville.ar.us
Application for Federal Assistance SF -424
9, Type of Applicant 1: Select Applicant Type:
(C) City Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
[Airport Improvement Program (AIP)
* 12. Funding Opportunity Number:
* Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Fayetteville, Washington County, Arkansas
* 15. Descriptive Title of Applicant's Project:
Pavement Rehabilitation & Re -marking
Attach supporting documents as specified in agency instructions.
I Application for Federal Assistance SF -424 I
16, Congressional Districts Of:
a. Applicant AR District 3
Attach an additional list of Program/Project Congressional Districts if needed.
' b. Program/Project [_R District 3
17. Proposed Project:
* a. Start Date: October 2011 ' b. End Date: November 2011
18. Estimated Funding ($):
a. Federal 239,497
b. Applicant
c. State 12,605
d. Local
* e. Other
"f. Program Income
" g. TOTAL 252.102
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
a. This application was made available to the State under the Executive Order 12372 Process for review on
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
c. Program is not covered by E.O. 12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes", provide explanation.) Applicant Federal Debt Delinquency Explanation
Yes sX No
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
IAGREE
*` The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: [The Honorable I * First Name: ILioneld
Middle Name:
* Last Name: Jordan
Suffix:
" Title: Mayor, City of Fayetteville
Telephone Number: 479.575-8330 Fax Number: 479-575-8257
Email: I liordan@ci.fayetteville.ar,us
Signature of Authorized Representative: I, m ; ,.Js Date Signed: 'f /'h./J
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMs No. 2120-0569
11/30/2007
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1. Name of Governing Body:
Does this assistance request require State, local, regional,
or other priority rating? Priority:
❑ Yes ❑X No
Item 2. Name of Agency or Board:
Does this assistance request require State, or local (Attach Documentation)
advisory, educational or health clearances?
Yes ❑X No
Item 3. (Attach Comments)
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
❑ Yes ❑X No
Item 4. Name of Approving Agency:
Does this assistance request require State, local,
regional or other planning approval? Date: / 1
❑ Yes ❑X No
Item 5. Check one: State
Is the proposal project covered by an approved Local
comprehensive plan? Regional
❑ Yes ❑X No Location of Plan:
Item 6.
Will the assistance requested serve a Federal
installation?
❑ Yes ❑X No
Item 7.
Will the assistance requested be on Federal land
or installation?
❑ Yes ❑X No
Name of Federal Installation:
Federal Population benefiting from Project:
Name of Federal Installation:
Location of Federal Land:
Percent o₹ Project:
Item 8. See instruction for additional information to be
Will the assistance requested have an impact or effect on provided
the environment?
❑ Yes ❑X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals:
individuals, families, businesses, or farms? Families:
❑ Yes ❑X No Businesses:
Farms:
Item 10. See instructions for additional information to be
Is there other related Federal assistance on this provided.
project previous, pending, or antici ted?
CM Yes O No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in
the vicinity of Fayetteville Executive Airport, Drake Field. 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.
Yes
5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be
located.
Not applicable
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 which project is proposed.
Not applicable
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 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a
U.S. 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":
Not applicable
(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"
*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
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No .................................20-106
20-106
2. Functional or Other Breakout .................................................... Airport Improvement Program
SECTION B -CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
$
$
$ 1,000
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
$ 9,830
5. Other Architectural engineering fees
$ 2,500
6_ Project inspection fees
$ 10,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$ 228,272
12_ Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 252,102
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 252,102
17. Less: Ineligible Exclusions
18_ Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 252,102
20. Federal Share requested of Line 19
$ 239,497
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 239,E-97
23. Grantee share
-O-
24. Other shares AR State Dept Aeronautics 5% Match
$ 12,605
25. Total Project (Lines 22, 23 & 24)
$
$
$ 252,102
FAA rorm 51uu-]vu (1-ui) ,>UvEkz5bL) S r"AA FUKM 5100-100 (6-73) Page 4
H a nFD TMGNT nF TRANSPI1RTATION - FEDERAL AVIATION ADMINISTRATION
OMB No. 2120-0569
SECTION C - EXCLUSIONS
Classification
Ineligible for
Participation
1
Excluded From
Contingency Provision
(2)
a.
$
$
b.
C.
d.
e.
f.
9.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$
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 Arkansas Department of Aeronautics
$ 12,605
b. Other
c. Total Other Shares
29. TOTAL
$ 12,605
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 5
PART IV
PROGRAM NARRATIVE
(Suggested Format)
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMS NO. 2120-0569
PROJECT: Pavement Rehabilitation & Re -marking
AIRPORT: Drake Field, FYV
1. Objective:
Rehabilitate the existing Runway and Taxiways. Project comprises rubber removal, crack seal, asphalt
rejuvenation sealer, and re -marking. Re -marking to add the recently required enhanced runway holding position
markings.
2. Benefits Anticipated:
Will extend the usable life of the pavement. Will ensure airfield markings are up to date.
3. Approach : (See approved Scope of Work in Final Application)
d. Consulting Airport Engineer to produce plans & specifications for bidding. Suitable specialized pavement
rehab and painting contractors hired to perform the work.
4. Geographic Location:
Runway and taxiways. See attached vicinity map, Exhibit "A"
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address & telephone number)
Ray M. Boudreaux, Director Aviation Division
4500 S School Ave, Ste F
Fayetteville, AR,_ 72701
Phone: 479-718-7642, Fax: 479718-7646, e-mail: roudreaux@ci.fayetteville.ar.us
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6
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ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants
for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public -use airport; the term "private sponsor" means a
private owner of a public -use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The terms, conditions and assurances of this grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer
of Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specified
in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The preceding paragraph 1 also applies to a private sponsor
except that the useful life of project items installed within a facility or the useful
life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the
project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
Airport Sponsor Assurances (312011) 1 of 16
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act —S 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et sea.' 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.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.'
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sew'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.'
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984-31 U.S.C. 7501, et seg.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Environmental Justice
Airport Sponsor Assurances (3/2011) 2 of 16
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non -construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.'
m. 49 CFR Part 26— Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.'
o. 49 CFR Part 29 — Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug -free
workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
t These laws do not apply to airport planning sponsors.
Airport Sponsor Assurances (312011) 3 of 16
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in this grant
agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient
funds available to assure operation and maintenance of items funded under this
grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in this grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
Airport Sponsor Assurances (312011) 4 of 16
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 this 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 this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -
use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
g. It will not permit or enter into any arrangement that results in permission
for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location
on airport.
Airport Sponsor Assurances (312011) 5 of 16
6. Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
S. Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings
to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a
major runway extension, or runway location it will provide for the Governor of
the state in which the project is located to certify in writing to the Secretary that
the project will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have
been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application
has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January 1, 1995, for the replacement or reconstruction of pavement at the airport,
it assures or certifies that it has implemented an effective airport pavement
maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
Airport Sponsor Assurances (312011) 6 of 16
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to this grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which this 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 this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40
U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Veterans
of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,
United States Code. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
Airport Sponsor Assurances (312011) 7 of 18
schedules shall also be subject to approval of the Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed
scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
Airport Sponsor Assurances {312011) 8 of 16
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for -
I) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to -
Airport Sponsor Assurances (312011) 9 of 16
1) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, 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
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a
Airport Sponsor Assurances (3/2011) 10 of 16
single fixed -based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act
or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes
on or off the airport. Provided, however, that if covenants or assurances in
debt obligations issued before September 3, 1982, by the owner or
operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide
for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the
airport owner or operator's general debt obligations or other facilities, then
this limitation on the use of all revenues generated by the airport (and, in
the case of a public airport, local taxes on aviation fuel) shall not apply.
Airport Sponsor Assurances (3/2011) 11 of 16
b. As part of the annual audit required under the Single Audit Act of 1984,
the sponsor will direct that the audit will review, and the resulting audit
report will provide an opinion concerning, the use of airport revenue and
taxes in paragraph (a), and indicating whether funds paid or transferred to
the owner or operator are paid or transferred in a manner consistent with
Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of this 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:
1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by Government aircraft
in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any calendar month that —
Airport Sponsor Assurances (312011) 12 of 16
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather -reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by
the Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2) bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
Airport Sponsor Assurances (312011) 13 of 16
30. Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the
program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of'similar services or benefits, or
(b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of the
proceeds of such disposition which is proportionate to the United States'
share of the cost of acquisition of such land will, (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.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it 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
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
Airport Sponsor Assurances (3/2011) 14 of 16
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications -based requirement prescribed for or by the sponsor of
the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated (the latest approved version as of this
grant offer) and included in this grant, and in accordance with applicable state
policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in Subpart
C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available
within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
DOT -assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
Airport Sponsor Assurances (3/2011) 15 of 16
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that -
1) Describes the requests;
2) Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances (312011) 16 of 16
FAA Advisory Circulars Required for Use in AIP Funded and PEG Approved Projects
June 2, 2010
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP
FUNDED AND PFC APPROVED PROJECTS
Dated: 6/2/2010
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/adviso[ycirculars
70/7460-1K I Obstruction Marking and Lighting
150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Airport Master Plans
Change 1
150/5070-7 The Airport System Planning Process
15015200-28D I Notices to Airmen (NOTAMS) for Airport Operators
15015200-30C I Airport Winter Safety and Operations
15015200-33B I Hazardous Wildlife Attractants On or Near Airports
15015210-5D I Painting, Marking and Lighting of Vehicles Used on an Airport
15015210-7D I Aircraft Fire and Rescue Communications
150/5210-13B I Water Rescue Plans, Facilities, and Equipment
150/5210-14B J Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
15015210-15A ! Airport Rescue & Firefighting Station Building Design
15015210-18A I Systems for Interactive Training of Airport Personnel
15015210-19A I Driver's Enhanced Vision System (DEVS)
15015220-4B 1 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-13B I Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non -Federal Applications
1
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
150/5220-17A
Design Standards for an Aircraft Rescue Firefighting Training Facility
and Change 1
15015220-18A
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 1
15015220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A
Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
15015300-13
and
Airport Design
Changes 1 —15
150/5300-14B
Design of Aircraft Deicing Facilities
15015300-16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
15015300-17B
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
(GIS) Standards
15015320-5C
Surface Drainage Design
and
Change 1
15015320-6E
Airport Pavement Desi n 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
2
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
15015320-15A I Management of Airport Industrial Waste
15015325-4B I Runway Length Requirements for Airport Design
15015335-5A I Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1J Standards for Airport Markings (Change 1&2)
and
Change 2
150/5340-5C Segmented Circle Airport Marker System
15015340-18E I Standards for Airport Sign Systems
15015340-30D I Design and Installation Details for Airport Visual Aids
15015345-3F I Specification for L821 Panels for the Control of Airport Lighting
15015345-5B I Circuit Selector Switch
1505345-7E I Specification for L824 Underground Electrical Cable for Airport Lighting Circuits !
15015345-10F I Specification for Constant Current Regulators Regulator Monitors
150/5345-12E I Specification for Airport and Heliport Beacon
15015345-136 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D I Specification for Wind Cone Assemblies
15015345-28F I Precision Approach Path Indicator (PAPI) Systems.
150/5345-39C I FAA Specification L853, Runway and Taxiway Retroreflective Markers
15015345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44H I Specification for Taxiway and Runway Signs
150/5345-45C I Low -Impact Resistant (LIR) Structures
3
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
15015345-46D I Specification for Runway and Taxiway Light Fixtures
150/5345-47B I Specifications for Series to Series Isolation Transformers for Airport Lighting
15015345-49C I Specification L854, Radio Control Equipment
15015345-50B I Specification for Portable Runway and Taxiway Lights
15015345-51A I Specification for Discharge -Type Flasher Equipment
15015345-52A I Generic Visual Glideslope Indicators (GVGI)
150/5345-53C I Airport Lighting Equipment Certification Program
150/5345-54B I Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
15015345-56A Specification for L-890 Airport Lighting Control and Monitoring System
150/5360-9 1 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E Airport Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
and Change I
15015370-2E Operational Safety on Airports During Construction
15015370-1 OE I Standards for Specifying Construction of Airports
150/5370-11A I Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
15015380-6B 1 Guidelines and Procedures for Maintenance of Airport Pavements
15015390-2B 1 Heliport Design
150/5390-3 1 Vertiport Design
150/5395-1 I Seaplane Bases
4
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: 61212010
150/5100-14D I Architectural, Engineering, and Planning Consultant Services for Airport Grant
150/5100-15A I Civil Rights Requirements for the Airport Improvement Program
150/5100-17
and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program
through 6 Assisted Proiects
150/5200-37 1 Introduction to Safety Management Systems (SMS) for Airport Operators
15015300-15A I Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 1 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
15015370-6D Construction Progress and Inspection Report — Airport Grant Program
Change 1-4
150/5370-12A Quality Control of Construction for Airport Grant Projects
15015370-13A I Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
15015380-7A I Airport Pavement Management Program
15015380-8A I Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
t1s719IIII5K
I s
5
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
Submitted By Division
REVENUE BUDGET
$ 239,497.00 $ -
GRANT REVENUE Category 1 Project Budget
5550.0955.6820.40 $
Account Number Funds Used to Date
11023 1 $ -
Transportation
Department
Airport Pavement Rehab & Re -mark
Program Category I Project Name
Airport Revenue
Program / Project Category Name
Airport
Project Number Remaining Balance Fund Name
Budgeted Item IBudget Adjustment Attached
126-11
Previous Ordinance or Resolution # 143-11
Date
Original Contract Date:
) —2i t j Original Contract Number:
Date
Date
Received in City
Clerk's Office . ����`�
Date
Received in
Mayor's Office
ate
Comments: A Budget Adjustment to recognize the grant revenue to be submitted as a Council Agenda item for the September
20th meeting.
Revised January 15, 2009
RESOLUTION NO. 143-11
A RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF A
FEDERAL AVIATION ADMINISTRATION 95% PROJECT COST GRANT
AND AN ARKANSAS DEPARTMENT OF AERONAUTICS 5% MATCHING
GRANT, FOR THE DRAKE FIELD RUNWAY REJUVENATION PROJECT
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 acceptance of a Federal Aviation Administration 95% project cost grant and an
Arkansas Department of Aeronautics 5% matching grant for the Drake Field Runway
Rejuvenation Project.
PASSED and APPROVED this 1b" day of August, 2011.
APPROVED:
ATTEST:
By: �» By: i)/141AiJ c:;E M&ZZ)
LO J AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ptt»trrrrprrrP�
=U•
FAYE1TEVtLLE a
e • e
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
Submitted By
Aviation
Division
Transportation
Department
Action Kequirea:
tion Required:
Approve authority to accept a Grant Offer from DOT/FAA (95% of project cost) & an Arkansas Department of
ronautics grant (5% match).
$ 239,497.00
GRANT REVENUE
5550.3960.7820.40
Account Number
11023 1
Project Number
Budgeted Item II
REVENUE BUDGET
Category! Project Budget
Airport Pavement Rehab & Re -mark
Program CategoryI Project Name
Airport Capital Exp
Funds Used to Date Program I Project Category Name
$ _ Airport
Remaining Balance
Budget Adjustment Attached
Date
S'fz- r/
Date
:..�O.MIc, Rj., ' - t z-zoi,
Finance and Internal Services Director Date
Fund Name
Previous Ordinance or Resolution # 126-11
Original Contract Date: 19 -Jul
Original Contract Number:
0g_, 2--1 1 p02.
Received in City
Clerk's Office
Received in C �{
Mayor's Office
Comments: Project to be 100% funded with grants from the DOT/FAA and Arkansas Department of Aeronautics.
The Item is on the 8/16/11 Council Agenda. The Grant dollar amount is revised per FAA request.
Revised January15, 2009
City Council Meeting of: N/A
Agenda Item Number:
aye evale
AVIATION DIVISION
FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
TRRU: Chief of Staff
THRU: Staff/Contract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation Dir ctor
DATE: August 10, 2011
SUBJECT: Approve Amended Grant Application for the Runway Rejuvenation
Project at the airport reducing the amount of the grant request to
$239,497 per request of the FAA program manager, Paul Burns.
Signature of the Mayor and City Clerk.
RECOMMENDATION: Signature of the Mayor and City Clerk on amended FAA/AIP grant
application in the amount of $239,497 for the Runway Rejuvenation Project at Drake Field.
BACKGROUND: FAA does not have the funds to approve grant funding for. an amount more
than the already approved entitlement fiends assigned to Drake Field for the Rejuvenation
Project. McClelland Consulting Engineers has reduced the scope of the project to include the
runway and taxiway "A" only leaving Taxiway 'B" for a later date. The new scope falls within
the available funding and has been agreed to by the Contractor, Time Striping. The amended
application is due to the FAA by August 18, 2011 signed.
BUDGET IMPACT: This project is 95% funded through FAA/AIP grant funds and 5% through
State Aeronautics Commission.
Attachments: Staff Review
Amended Grant Application
Original Grant Application
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 727101
479.718.7642 • 479.718.7646 FAX - www.accessfayetteville.orgfgovemment/aviation
airporL economic development@d.fayetteville.ar.us
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/16/2011
City Council Meeting Date
Agenda items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
Action
Action Required:
a) Approve authority to accept a Grant Offer from DOTIFAA (95% of project cost) & an Arkansas Department of
Aeronautics grant (5% match).,
$ 309,765.00
GRANT REVENUE
5550.3960.7820.40
Account Number
11023 1
Project Number
Budgeted Item
REVENUE BUDGET
Category I Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Airport Pavement Rehab & Re -mark
Program Category / Project Name
Airport Capital Exp
Program! Project Category Name
Airport
Fund Name
. 2- I Previous Ordinance or Resolution # 126-11
Date
Original Contract Date: 19 -Jul
612 - lr Original Contract Number:
Date
Finance and Internal Services Director Date
41VL 1L_ -
Chief of St Date
Ma r ate
Received in City e4
Clerk's Office i E
(1I
Received in y�
Mayors Office
comments: Project to be 100% funded with grants from the DOT/FAA and Arkansas Department of Aeronautics.
Revised January 15, 2009
City Council Meeting of August 16, 2011
Agenda Item Number:
'ttw.. Tile AVIATION DIVISION
ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
THRU Chief of Staff
THRU: StafllContract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation Dir or
DATE: July 27, 2011
SUBJECT: Approve authority to accept a Grant Off r from DOT/FAA (95% of project
cost) and apply for and accept and Arkansas Department of Aeronautics
grant (5% match) for the Runway Rejuvenation Project at Drake Field.
RECOMMENDATION: Approve authority to accept the Grant Offer from the FAA (95%) and
authority to apply for and accept a grant from the Arkansas Department of Aeronautics (5%
match) for the Runway Rejuvenation Project at Drake Field.
BACKGROUND: The FAA grant application for runway rejuvenation and re -striping was
signed by the Mayor on July 27, 2011. The application was submitted to the FAA for approval
on July 29, 2011 per request of Paul Burns, FAA Project Manager, Southwest Region Airport
Development Office. Per his request, the project was designed and bid with City Council
approval of Task Order No. 6 with McClelland Consulting Engineers with the low bid offered by
Time Striping. Mr. Burns has indicated that the Grant offer will be sent to the City of
Fayetteville for acceptance around September 2, 2011 thus the request for authority for accept
the offer and for the Mayor to affix his signature prior to receipt of the offer. The FAA typically
requires a very short turnaround.
BUDGET IMPACT: Project total cost including engineering and project oversight is
$309,765.00. FAA grant request is for $294,277.00. This project is totally grant eligible from
FAAJAIP funding (95%) and State Aeronautics Commission funding (5%). We will not proceed
with the construction until FAA grant funds have been awarded.
Attachments: FAA Grant Application
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYE1TEVILLE AR 72701
479.718.7642 479.718.7646 FAX • www.accessfayetteville.orglgovernmentlaviaton
airport economic development@ci.fayetteville.ar.us
TIME SENSITIVE
This Airport Improvement Program Grant must
be executed returned to the Federal Aviation
Administration IMMEDIATELY.
.1.iic. _
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
US. Department Federal Aviation Administration 2601 Meacham Boulevard
of Transportation Southwest Region, Airports Division Fort Worth, Texas 76137
Federal Aviation Arkansas/Oklahoma Airports Development Office
Administration
August 29, 2011
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mayor Jordan:
We are enclosing the original and one copy of the Grant Offer for Airport Improvement
Program (AIP) Project No. 3-05-0020-040-2011 at Drake Field Airport. This letter outlines
expectations for success. Please read the conditions and assurances carefully.
To properly enter into this agreement, please accomplish the following:
• The governing body must pass a resolution and execute the grant, along with your
attorney's certification, by September 9, 2011, in order for the grant to be valid.
• We ask that you return the Grant Offer marked "Original" to us by overnight mail and
maintain the copy marked "Sponsor" for your records.
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 rewired to make a LOC draw for allowable incurred project
expenses every 30 days. Should you fail to make draws on a regular basis, your grant may
be placed in "inactive" status which will impact future grant offers.
Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
A signed./dated SF -271 (or equivalent) and 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; and
Construction Progress Reports (FAA Form 5370-1) are due every two weeks while
on -site construction is in progress.
Once the project(s) is completed and all costs are determined, we ask that you close the
project without delay and submit, as a minimum, the following:
• Pre- and post -construction photographs; and
• Sponsor Certification for Project Final Acceptance; and
• Summary of all change orders and summary of all testing; and
• Final SF -271 (or equivalent) and SF -425.
Mr. Paul Burns, 817-222-5648, aul.burns(ai)faa. ov 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
LI Manager, Arkansas/Oklahoma
Airports Development Office
Enclosure (2)
cc:
Mr. John Knight, Director
Arkansas Department of Aeronautics
SPONSOR COPY
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
August 29, 2011
Date of Offer
Drake Field
Airport/Planning Area
3-05-0020-040-2011
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 August 16, 2011, for a grant of
Federal funds for a project at or associated with the Drake Field Airport, 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 (or Planning Area) (herein called the "Project")
consisting of the following:
Rehabiliate Runway
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89)-5100-38C 1 of 5
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing
the Project, ninety-five (95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. The maximum obligation of the United States payable under this Offer shall be $239,497.00. 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:
$239,497.00 for airport development or noise program implementation.
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 September 9, 2011, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving
the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually
needed for its disbursements and to timely reporting of such disbursements as required. It is understood that
failure to adhere to this provision may cause the letter of credit to be revoked.
10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the
life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation
of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely,
if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and
will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
FAA Form 5100-37 (10-89)-5100-38C 2 of 5
United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance
of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or
the grant description is amended to the description specified.
11. AIR AND WATER QUALITY: Approval of the project included in this agreement is conditioned on the Sponsor's
compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply
with this requirement may result in suspension, cancellation, or termination of Federal assistance under this
agreement.
12. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at
the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a
minimum, the program must conform with the provisions outlined below
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed,
reconstructed, or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their
locations, and remedial action, scheduled or performed, must be documented. The minimum information to
be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive -by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so
long as the information and records produced by the pavement survey can be retrieved to provide a report to
the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
13. BUY AMERICAN REQUIREMENT: Unless otherwise approved by the FAA, the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are provided under this
FAA Form 5100-37 (10-89)-5100-38C 3 of 5
grant. The Sponsor will include in every contract a provision implementing this special condition.
14. REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION (CCR) DATABASE: The Sponsor agrees
that it will maintain an active Central Contractor Registration (CCR) database registration with current
information at all times during which it has an active Federal award (i.e. an open AIP grant).
15. 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.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated
herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project
and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
Edward N. Agnew
(Typed Name)
Manager, Arkansas/Oklahoma
Airports Development Office
...............................................................................---..........-_..__._.........._. _..
(Title)
FAA Form 5100-37 (10-89)-5100-38C 4 of 5
PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditio s in this Offer and i the Project Application.
Executed this i5O.1 day of , aoil
(SEAL)
By:
Fayetteville
fionsor's Designated Official
Representative)
jQ../..d..............Zer.....dan._.._............................._.........._._..................._-.-._-.....
(Typed Name of Sponsor's Designated Official
Representative)
................!!! Q'._,........................_._........_._.___..................._._._._.._.............._.........._._._...._._._....................._.-...--......----.......
(Ted Title of Sponsor's Designated Official
Representative)
�/ CERTIFICATE OF SPONSOR'S ATTORNEY
I, �� /1 s (t tf 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 /-c-✓�,, 1, . 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 4 . 3o CA this _______ day of /-vel ulz- l-.)(
By
igna ur o ponsor s
FAA Form 5100-37 (10-89)-5100-38C 5 of 5
OMB Number: 4040-0004
Expiration Date: 03131/2012
Application for Federal Assistance SF -424
1. Type of Submission:
Preapplication
Application
ChangedlCorrected Application
`2, Type of Application: * If Revision, select appropriate letter(s):
(x; New
Continuation Other (Specify)
i a Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
* 5b. Federal Award Identifier:
3-05-0020-40-2011
AR/OK ADO, ASW-630
State Use Only:
6. Date Received by State:
7. State Application Identifier:
8. APPLICANT INFORMATION:
* a. Legal Name: City of Fayetteville
b. Employer/Taxpayer Identification Number (EIN/TIN}:
716018462
c. Organizational DUNS:
134398903
d. Address:
• Streeti: 14500 S School Ave , Ste F
Street2:
City: Fayetteville
County: Washington
* State; Arkansas
Province:
'Country:
USA: UNITED STATES
Zip! Postal Code: 172701
e- Organizational Unit:
Department Name:
Division Name:
Aviation
Transportation
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Col. (USAF rat.) * First Name:
Middle Name: M
Ray
Last Name: Boudreaux
Suffix:
Title: Aviation Director
Organizational Affiliation:
Airport Manager, Drake Field, KFYV
* Telephone Number: 479-718-7642
Fax Number: 479-718-7646
Email: rboudreaux@ci_fayetteville.ar.us
Application for Federal Assistance SF -424
9, Type of Applicant 1: Select Applicant Type:
(C) City Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
[Airport Improvement Program (AIP)
* 12. Funding Opportunity Number:
* Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Fayetteville, Washington County, Arkansas
* 15. Descriptive Title of Applicant's Project:
Pavement Rehabilitation & Re -marking
Attach supporting documents as specified in agency instructions.
I Application for Federal Assistance SF -424 I
16, Congressional Districts Of:
a. Applicant AR District 3
Attach an additional list of Program/Project Congressional Districts if needed.
' b. Program/Project [_R District 3
17. Proposed Project:
* a. Start Date: October 2011 ' b. End Date: November 2011
18. Estimated Funding ($):
a. Federal 239,497
b. Applicant
c. State 12,605
d. Local
* e. Other
"f. Program Income
" g. TOTAL 252.102
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
a. This application was made available to the State under the Executive Order 12372 Process for review on
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
c. Program is not covered by E.O. 12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes", provide explanation.) Applicant Federal Debt Delinquency Explanation
Yes sX No
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
IAGREE
*` The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: [The Honorable I * First Name: ILioneld
Middle Name:
* Last Name: Jordan
Suffix:
" Title: Mayor, City of Fayetteville
Telephone Number: 479.575-8330 Fax Number: 479-575-8257
Email: I liordan@ci.fayetteville.ar,us
Signature of Authorized Representative: I, m ; ,.Js Date Signed: 'f /'h./J
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMs No. 2120-0569
11/30/2007
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1. Name of Governing Body:
Does this assistance request require State, local, regional,
or other priority rating? Priority:
❑ Yes ❑X No
Item 2. Name of Agency or Board:
Does this assistance request require State, or local (Attach Documentation)
advisory, educational or health clearances?
Yes ❑X No
Item 3. (Attach Comments)
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
❑ Yes ❑X No
Item 4. Name of Approving Agency:
Does this assistance request require State, local,
regional or other planning approval? Date: / 1
❑ Yes ❑X No
Item 5. Check one: State
Is the proposal project covered by an approved Local
comprehensive plan? Regional
❑ Yes ❑X No Location of Plan:
Item 6.
Will the assistance requested serve a Federal
installation?
❑ Yes ❑X No
Item 7.
Will the assistance requested be on Federal land
or installation?
❑ Yes ❑X No
Name of Federal Installation:
Federal Population benefiting from Project:
Name of Federal Installation:
Location of Federal Land:
Percent o₹ Project:
Item 8. See instruction for additional information to be
Will the assistance requested have an impact or effect on provided
the environment?
❑ Yes ❑X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals:
individuals, families, businesses, or farms? Families:
❑ Yes ❑X No Businesses:
Farms:
Item 10. See instructions for additional information to be
Is there other related Federal assistance on this provided.
project previous, pending, or antici ted?
CM Yes O No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in
the vicinity of Fayetteville Executive Airport, Drake Field. 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.
Yes
5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be
located.
Not applicable
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 which project is proposed.
Not applicable
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 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a
U.S. 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":
Not applicable
(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"
*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
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No .................................20-106
20-106
2. Functional or Other Breakout .................................................... Airport Improvement Program
SECTION B -CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
$
$
$ 1,000
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
$ 9,830
5. Other Architectural engineering fees
$ 2,500
6_ Project inspection fees
$ 10,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$ 228,272
12_ Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 252,102
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 252,102
17. Less: Ineligible Exclusions
18_ Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 252,102
20. Federal Share requested of Line 19
$ 239,497
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 239,E-97
23. Grantee share
-O-
24. Other shares AR State Dept Aeronautics 5% Match
$ 12,605
25. Total Project (Lines 22, 23 & 24)
$
$
$ 252,102
FAA rorm 51uu-]vu (1-ui) ,>UvEkz5bL) S r"AA FUKM 5100-100 (6-73) Page 4
H a nFD TMGNT nF TRANSPI1RTATION - FEDERAL AVIATION ADMINISTRATION
OMB No. 2120-0569
SECTION C - EXCLUSIONS
Classification
Ineligible for
Participation
1
Excluded From
Contingency Provision
(2)
a.
$
$
b.
C.
d.
e.
f.
9.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$
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 Arkansas Department of Aeronautics
$ 12,605
b. Other
c. Total Other Shares
29. TOTAL
$ 12,605
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 5
PART IV
PROGRAM NARRATIVE
(Suggested Format)
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMS NO. 2120-0569
PROJECT: Pavement Rehabilitation & Re -marking
AIRPORT: Drake Field, FYV
1. Objective:
Rehabilitate the existing Runway and Taxiways. Project comprises rubber removal, crack seal, asphalt
rejuvenation sealer, and re -marking. Re -marking to add the recently required enhanced runway holding position
markings.
2. Benefits Anticipated:
Will extend the usable life of the pavement. Will ensure airfield markings are up to date.
3. Approach : (See approved Scope of Work in Final Application)
d. Consulting Airport Engineer to produce plans & specifications for bidding. Suitable specialized pavement
rehab and painting contractors hired to perform the work.
4. Geographic Location:
Runway and taxiways. See attached vicinity map, Exhibit "A"
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address & telephone number)
Ray M. Boudreaux, Director Aviation Division
4500 S School Ave, Ste F
Fayetteville, AR,_ 72701
Phone: 479-718-7642, Fax: 479718-7646, e-mail: roudreaux@ci.fayetteville.ar.us
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6
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ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants
for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public -use airport; the term "private sponsor" means a
private owner of a public -use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The terms, conditions and assurances of this grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer
of Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specified
in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The preceding paragraph 1 also applies to a private sponsor
except that the useful life of project items installed within a facility or the useful
life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the
project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
Airport Sponsor Assurances (312011) 1 of 16
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act —S 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et sea.' 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.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.'
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sew'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.'
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984-31 U.S.C. 7501, et seg.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Environmental Justice
Airport Sponsor Assurances (3/2011) 2 of 16
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non -construction contracts subject to the Contract
Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.'
m. 49 CFR Part 26— Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.'
o. 49 CFR Part 29 — Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug -free
workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
t These laws do not apply to airport planning sponsors.
Airport Sponsor Assurances (312011) 3 of 16
These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in this grant
agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient
funds available to assure operation and maintenance of items funded under this
grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in this grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
Airport Sponsor Assurances (312011) 4 of 16
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 this 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 this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -
use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
g. It will not permit or enter into any arrangement that results in permission
for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location
on airport.
Airport Sponsor Assurances (312011) 5 of 16
6. Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
S. Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings
to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a
major runway extension, or runway location it will provide for the Governor of
the state in which the project is located to certify in writing to the Secretary that
the project will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have
been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application
has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January 1, 1995, for the replacement or reconstruction of pavement at the airport,
it assures or certifies that it has implemented an effective airport pavement
maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
Airport Sponsor Assurances (312011) 6 of 16
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to this grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which this 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 this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40
U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Veterans
of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,
United States Code. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
Airport Sponsor Assurances (312011) 7 of 18
schedules shall also be subject to approval of the Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed
scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant
or the Secretary's approval of any planning material developed as part of
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
Airport Sponsor Assurances {312011) 8 of 16
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for -
I) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to -
Airport Sponsor Assurances (312011) 9 of 16
1) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, 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
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a
Airport Sponsor Assurances (3/2011) 10 of 16
single fixed -based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act
or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes
on or off the airport. Provided, however, that if covenants or assurances in
debt obligations issued before September 3, 1982, by the owner or
operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide
for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the
airport owner or operator's general debt obligations or other facilities, then
this limitation on the use of all revenues generated by the airport (and, in
the case of a public airport, local taxes on aviation fuel) shall not apply.
Airport Sponsor Assurances (3/2011) 11 of 16
b. As part of the annual audit required under the Single Audit Act of 1984,
the sponsor will direct that the audit will review, and the resulting audit
report will provide an opinion concerning, the use of airport revenue and
taxes in paragraph (a), and indicating whether funds paid or transferred to
the owner or operator are paid or transferred in a manner consistent with
Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of this 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:
1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by Government aircraft
in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any calendar month that —
Airport Sponsor Assurances (312011) 12 of 16
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather -reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make
or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by
the Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2) bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities.
Airport Sponsor Assurances (312011) 13 of 16
30. Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the
program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of'similar services or benefits, or
(b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion
of the proceeds of such disposition which is proportionate to the United
States' share of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of the
proceeds of such disposition which is proportionate to the United States'
share of the cost of acquisition of such land will, (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.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it 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
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
Airport Sponsor Assurances (3/2011) 14 of 16
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications -based requirement prescribed for or by the sponsor of
the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated (the latest approved version as of this
grant offer) and included in this grant, and in accordance with applicable state
policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in Subpart
C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available
within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
DOT -assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
Airport Sponsor Assurances (3/2011) 15 of 16
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that -
1) Describes the requests;
2) Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances (312011) 16 of 16
FAA Advisory Circulars Required for Use in AIP Funded and PEG Approved Projects
June 2, 2010
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP
FUNDED AND PFC APPROVED PROJECTS
Dated: 6/2/2010
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/adviso[ycirculars
70/7460-1K I Obstruction Marking and Lighting
150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Airport Master Plans
Change 1
150/5070-7 The Airport System Planning Process
15015200-28D I Notices to Airmen (NOTAMS) for Airport Operators
15015200-30C I Airport Winter Safety and Operations
15015200-33B I Hazardous Wildlife Attractants On or Near Airports
15015210-5D I Painting, Marking and Lighting of Vehicles Used on an Airport
15015210-7D I Aircraft Fire and Rescue Communications
150/5210-13B I Water Rescue Plans, Facilities, and Equipment
150/5210-14B J Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
15015210-15A ! Airport Rescue & Firefighting Station Building Design
15015210-18A I Systems for Interactive Training of Airport Personnel
15015210-19A I Driver's Enhanced Vision System (DEVS)
15015220-4B 1 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-13B I Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non -Federal Applications
1
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
150/5220-17A
Design Standards for an Aircraft Rescue Firefighting Training Facility
and Change 1
15015220-18A
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 1
15015220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
150/5220-22A
Engineered Materials Arresting System (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
15015300-13
and
Airport Design
Changes 1 —15
150/5300-14B
Design of Aircraft Deicing Facilities
15015300-16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
15015300-17B
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
(GIS) Standards
15015320-5C
Surface Drainage Design
and
Change 1
15015320-6E
Airport Pavement Desi n 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
2
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
15015320-15A I Management of Airport Industrial Waste
15015325-4B I Runway Length Requirements for Airport Design
15015335-5A I Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1J Standards for Airport Markings (Change 1&2)
and
Change 2
150/5340-5C Segmented Circle Airport Marker System
15015340-18E I Standards for Airport Sign Systems
15015340-30D I Design and Installation Details for Airport Visual Aids
15015345-3F I Specification for L821 Panels for the Control of Airport Lighting
15015345-5B I Circuit Selector Switch
1505345-7E I Specification for L824 Underground Electrical Cable for Airport Lighting Circuits !
15015345-10F I Specification for Constant Current Regulators Regulator Monitors
150/5345-12E I Specification for Airport and Heliport Beacon
15015345-136 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D I Specification for Wind Cone Assemblies
15015345-28F I Precision Approach Path Indicator (PAPI) Systems.
150/5345-39C I FAA Specification L853, Runway and Taxiway Retroreflective Markers
15015345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44H I Specification for Taxiway and Runway Signs
150/5345-45C I Low -Impact Resistant (LIR) Structures
3
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
June 2, 2010
15015345-46D I Specification for Runway and Taxiway Light Fixtures
150/5345-47B I Specifications for Series to Series Isolation Transformers for Airport Lighting
15015345-49C I Specification L854, Radio Control Equipment
15015345-50B I Specification for Portable Runway and Taxiway Lights
15015345-51A I Specification for Discharge -Type Flasher Equipment
15015345-52A I Generic Visual Glideslope Indicators (GVGI)
150/5345-53C I Airport Lighting Equipment Certification Program
150/5345-54B I Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
15015345-56A Specification for L-890 Airport Lighting Control and Monitoring System
150/5360-9 1 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E Airport Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
and Change I
15015370-2E Operational Safety on Airports During Construction
15015370-1 OE I Standards for Specifying Construction of Airports
150/5370-11A I Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
15015380-6B 1 Guidelines and Procedures for Maintenance of Airport Pavements
15015390-2B 1 Heliport Design
150/5390-3 1 Vertiport Design
150/5395-1 I Seaplane Bases
4
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: 61212010
150/5100-14D I Architectural, Engineering, and Planning Consultant Services for Airport Grant
150/5100-15A I Civil Rights Requirements for the Airport Improvement Program
150/5100-17
and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program
through 6 Assisted Proiects
150/5200-37 1 Introduction to Safety Management Systems (SMS) for Airport Operators
15015300-15A I Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 1 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
15015370-6D Construction Progress and Inspection Report — Airport Grant Program
Change 1-4
150/5370-12A Quality Control of Construction for Airport Grant Projects
15015370-13A I Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
15015380-7A I Airport Pavement Management Program
15015380-8A I Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
t1s719IIII5K
I s
5
City of Fayetteville Staff Review Form
City Agenda A enda Items
and
Contracts, Leases or Agreements
N/A
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
REVENUE BUDGET
$ 12,603.00 $ 251,472.00 Airport Pavement Rehab & Re -mark
GRANT REVENUE Category I Project Budget Program Category / Project Name
5550.0955.6803.00 $ 241,524.00 Airport Revenue
Account Number Funds Used to Date Program / Project Category Name
11023 1 $ 9,948.00 Airport
Project Number Remaining Balance Fund Name
Budgeted Item I Budget Adjustment Attached
/Z - Z/- // Previous Ordinance or Resolution # 143-11
Depart irector Date
Original Contract Date:
a�(— // Original Contract Number:
Oi omey Date
TQj i. cL A L -12 74ll 12-21-1 1 P02:55 RCVD
Finance and Internal Services Director Date Received in City
Clerk's Office
Date
Received in
Mayor's Office {
_ (
Comments: Final grant application requested amount is revised from that originally approved by the City Council.
Revised January 15, 2009
City Council Meeting of: N/A
Agenda Item Number:
ayeIPVIe
pl
AVIATION DIVISION
FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO:
THRU:
THRU:
THRU:
FROM:
DATE:
Mayor Jordan
Chief of Staff
Staff/Contract Review Committee
Terry Gulley, Transportatic
Ray M. Boudreaux, Aviatioi
December 20, 2011
SUBJECT: Signature of the Mayor on Revised Grant Application to the
Arkansas Department Aeronautics for the Runway
Rejuvenation Project
RECOMMENDATION: Approve signature of the Mayor. A revised application is
required as the project scope was reduced to remain within available FAA funding.
BACKGROUND: The City Council approved the grant application via Resolution
143-11. The project is now complete and the State Application is required to
recover the State portion of the project costs.
BUDGET IMPACT: FAA grant funds have been received. This grant is for
$12,603 which represents the State 5% of the total project cost of $252,069.
Attachments: Staff Review
Revised Grant Application
4500 SOUTH SCHOOL AVENUE. SUITE F - AIRPORT TERMINAL BUILDING • FAYETTEV1LLE AR 72701
479.718.7642 ,479,718.7646 FAX • www.accessfayetteville.org/govemmentlaviabon
airport_economic_development@ci.fayettevilie.ar.us
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 5 School Ave, Ste F
Fayetteville, AR 72701
P (479) 718-7642
ARKANSAS
December 20, 2011
Mr. John Knight, Director
Arkansas Department of Aeronautics
One Airport Drive, 3rd Floor
Little Rock, Arkansas 72202
RE: GRANT APPLICATION — DOT/FAA AIP 40, Pavement Rehabilitation and Re -marking
Dear Mr. Knight;
Enclosed please find two (2) copies of a grant application to Arkansas Department of Aeronautics for 9515% match funding on a
project to rehabilitate and re -mark runway and taxiway pavements.
Fayetteville Municipal Airport requests funding in the amount of $12,603, 5% of the total project cost of $252,069.
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 January, 2012. The project is currently being concluded and 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. oudreaux, Director
RB:jn
Enclosures:\3\
Grant Application
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
State Airport Aid Application — Page 1
The CityIC-e aiy of Fayetteville , herein called "Sponsor", hereby makes
application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for
the purpose of aiding in financing a project for the development of a municipal airport located in the city
of Fayetteville Arkansas, Washington county.
Date of Request: August 16, 2011 - Application submitted at project completion
Name of Airport: Fayetteville Executive Airport, Drake Field FYV
Name and address of City/County Commission
sponsoring request:
City of FayP_ttP_yWlIP
113 West Mountain
Fayetteville, AR 72701
Phone Number: 479-575-8330
Fax Number: 479-575-8257
Name and address of Engineering Firm
(if applicable):
McClelland Consulting Engineers Inc
PO Box 1229
Fayetteville, AR 72702
Describe the work to be accomplished:
Person to Contact about project:
Ray M Boudreaux
4500 S School Ave., Suite F
Fayetteville, AR 72701
Phone Number: 479-718-7642
Cell Number: 479-601-3520
Fax Number: 479-718-7646
Contact Person:_ R. Wayne Jones, P.E.
479-443-2377 ph
Phone/Fax Number: 479-443-9241 fax
Pavement rehabilitation to include: Rubber removal and cleaning, joint & crack seal, application
of rejuvenation sealer, re -marking to include newly required Enhanced RW Hold Line marking.
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 AlP Projects:
AIP Number: 3-05-0020-0040-11
' 95-5% Match
Total Cost of Project
Federal Share:
State Share:
Local Share:
252,069.50
239, 465.00
12 603.00
7-1-09
State Airport Aid Application — Page 2
Provide the information listed below as it applies to your project:
Funding:
Source of Funds: Federal: DOT/FAA State: AR Dept Aeronautics
Source of In -Kind Services: None
Estimated starting date of project: July 2011
Estimated completion date of project: Dec 2011
Project will be for: New Airport Existing Airport XX
Is land to be leased or purchased?
Description of land and cost per acre:
No
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0040-11
State Legislators for your area:
State Senator: Sue Madison
State Representative: Uvalde Lindsey
7-l-9
State Airport Aid Application — Page 3
The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument
affecting use of the property for an airport. In application for a new landing site or expansion of existing
facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before
review for grant can be made by the State. Applications for hangar construction or renovation funds
must include a signed lease agreement. This agreement must be in compliance with all FAA grant
assurances. The application must be based on bids and include a calculated return on investment.
No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without
State Aeronautics Commission prior approval. All requests for sale or disposal of property will be
considered on an individual case basis. No hangar (funded by a grant from the Department of
Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior
approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to
receive prior approval from A.D.A. concerning land and/or building use could result in the commission
requesting grant refund from the Sponsor.
No airport accepting State Grant funding may issue an Exclusive Rights lease.
All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state
grant can be approved.
All Grant applications involving Federal Airport Improvement Program (AIP) funding must be
accompanied by the approved FAA grant agreement with grant number assigned.
If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it
is agreed that all developments and construction shall meet standard FAA construction practices as
outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a
base and a thickness that will accommodate the weight of aircraft expected to operate at this airport.
Alf rant applicants (City and/or Count are totally responsible for compliance with all Federal
State, County, and City laws, Statutes, Ordinances, Rules, Regulations, and Executive Orders
concerning contracts and urchases for which this rant isjpproved and issued.
It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It
is also agreed that this project shall be completed within one year from the date of acceptance of this
grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if
circumstances beyond the sponsor's control occur.
Funds will be disbursed according to Department procedures and final inspection of completed project
(See payment instruction page). Payment of grant funds are contingent upon the Department annual
apprapriatiafl.
IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly
executed in its name, this '71 day of , 2011 .
Lioneld Jordan
am of Sponsor
A prized Signature
avor
Title
APPLYING FOR PAYMENT OF APPROVED GRANT FUNDS
After your grant has been approved and your are ready for a partial or final payment, please provide the
following documents to our office:
FOR 50-50%, 80-20%, 90-10% AND 100% STATE AIRPORT AID GRANTS, YOU MUST
PROVIDE:
Letter requesting Payment (partial/final) stating completion of the project with the total amount
of the project and the state share of the grant. Must be signed by City/County official or Airport
Commissioner.
Invoices for all cash expenses (copies). Engineering estimates/payment requests or contracts are
not acceptable to auditors and cannot be accepted by our agency.
Canceled checks to match all invoices — front and back of checks.
Copy of Deed, Title Insurance, Legal Fees (Land Purchases Only).
Daily time sheets for ALL in -kind work used as match for grant. The auditors will accept only
ONE day of in -kind services on ONE Daily Report Form. The form must be filled out
completely and signed by Supervisor and City/County Official. — No Exceptions!
An expense sheet outlining expenses/or a tape showing how the amount requested for payment
was totaled.
FOR GRANTS MATCHING FEDERAL FUNDS, YOU MUST PROVIDE:
Letter requesting payment (final only) stating completion of the project. Must be signed by
City/County Official or Airport Commissioner.
Copy of final Federal Aviation Administration Reimbursement Form (FAA form 271 or
computer generated form accepted by the FAA).
NOTE: All City/County Airports participating in Block grants with the ADA must submit all payment
requests to our office. The FAA will not process your payment of these grants.
WHAT YOU NEED TO RETAIN FOR YOUR FILES FOR AUDIT PURPOSES:
Original signed application requesting funds.
Letter of approval from State Office.
All amendment request/letter granting approval or denial of amendments.
Letter requesting payment (partial/final) or extension of time request for project.
All documents (originals) submitted to State office for final payment of grants.
Copy of State Warrant — Warrant is presented on final inspection and payment of grant.
A copy of plans, deeds or any documents submitted to State Office used for approval of grant.
If you have any questions concerning the process of submitting documentation for payment of your
grant, please call our office at 1-800-376-5781. Ask for John Knight.
7-I -09
SPONSOR COPY
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
August 29, 2011
Date of Offer
Drake Field
AirportlPlanning Area
3-05-0020-040-2011
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 August 16, 2011, for a grant of
Federal funds for a project at or associated with the Drake Field Airport, 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 (or Planning Area) (herein called the "Project")
consisting of the following:
Rehabiliate Runway
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89)-5100-38C
I of 5
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act," and in consideration of (a) the Sponsor's adoption and ratification
of the representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing
the Project, ninety-five (95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. The maximum obligation of the United States payable under this Offer shall be $239,497.00. 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:
$239,497.00 for airport development or noise program implementation.
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 September 9, 2011, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving
the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
9. LETTER OF CREDIT: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually
needed for its disbursements and to timely reporting of such disbursements as required. It is understood that
failure to adhere to this provision may cause the letter of credit to be revoked.
10. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the
life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation
of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely,
if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and
will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
FAA Form 5100-37 (10-89)-5100-38C
2 of 5
RESOLUTION NO. 143-11
A RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF A
FEDERAL AVIATION ADMINISTRATION 95% PROJECT COST GRANT
AND AN ARKANSAS DEPARTMENT OF AERONAUTICS 5% MATCHING
GRANT, FOR THE DRAKE FIELD RUNWAY REJUVENATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEV ME, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
application and acceptance of a Federal Aviation Administration•95% project cost grant and an
Arkansas Department of Aeronautics 5% matching grant for the Drake Field Runway
Rejuvenation Project.
PASSED and APPROVED this 16th day of August, 2011.
APPROVED:
By:
JQ11r1AN, Mayor
ATTEST:
By: A!A.4! C664�L,
SO-NDRA E. SMITH, City Clerk/ Treasurer
2LS0. 1 9 11 &1,11QO-Vd2
n �
oQ,
State Airport Aid Application — Page 1
The City/C-eunt-y of Fayetteville , herein called "Sponsor", hereby makes
application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for
the purpose of aiding in financing a project for the development of a municipal airport located in the city
of Fayetteville Arkansas, Washington county.
Date of Request: August 16, 2011 - Application submitted at project completion
Name of Airport: Fayetteville Executive Airport, Drake Field FYV
Name and address of City/County Commission
sponsoring request: Person to Contact about project:
City of Fayettnville Ray M Boudreaux
113 West Mountain 4500 S School Ave. Suite F
Fayetteville, AR 72701 Fayetteville, AR 72701
Phone Number: 479-575-8330
Fax Number: 479-575-8257
Name and address of Engineering Firm
(if applicable):
McClelland Consulting Engineers Inc
PO Box 1229
Fayetteville, AR 72702
Describe the work to be accomplished:
Phone Number:
479-718-7642
Cell Number:
479-601-3520
Fax Number:
479-718-7646
Contact Person: R. Wayne Jones, P.E.
479-443-2377 ph
Phone/Fax Number: 479-443-9241 fax
Pavement rehabilitation to include: Rubber removal and cleaning, joint & crack seal, application
of rejuvenation sealer, re -marking to include newly required Enhanced RW Hold Line marking.
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: 3-05-0020-0040-11
% 95-5% Match
Total Cost of Project
Federal Share:
State Share:
Local Share:
309,765.00
294,277.00
15,488.00
7-L-09
State Airport Aid Application — Page 2
Provide the information listed below as it applies to your project:
Funding:
Source of Funds: Federal: DOT/FAA State: AR Dept Aeronautics
Source of In -Kind Services: None
Estimated starting date of project: July 2011
Estimated completion date of project: Dec 2011
Project will be for: New Airport Existing Airport XX
Is land to be leased or purchased? No
Description of land and cost per acre:
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0040-11
State Legislators for your area:
State Senator: Sue Madison
State Representative: Uvalde Lindsey
7-1-O9
State Airport Aid Application — Page 3
The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument
affecting use of the property for an airport. In application for a new landing site or expansion of existing
facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before
review for grant can be made by the State. Applications for hangar construction or renovation funds
must include a signed lease agreement. This agreement must be in compliance with all FAA grant
assurances. The application must be based on bids and include a calculated return on investment.
No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without
State Aeronautics Commission prior approval. All requests for sale or disposal of property will be
considered on an individual case basis. No hangar (funded by a grant from the Department of
Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior
approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to
receive prior approval from A.D.A. concerning land and/or building use could result in the commission
requesting grant refund from the Sponsor.
No airport accepting State Grant funding may issue an Exclusive Rights lease.
All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state
grant can be approved.
All Grant applications involving Federal Airport Improvement Program (AIP) funding must be
accompanied by the approved FAA grant agreement with grant number assigned.
If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it
is agreed that all developments and construction shall meet standard FAA .construction practices as
outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a
base and a thickness that will accommodate the weight of aircraft expected to operate at this airport.
All grant applicants (City and/or County) are totally responsible for compliance with all Federal,
State, County, and City laws, Statutes, Ordinances Rules Regulations, and Executive Orders
concerning contracts andpurchases for which this grant is approved and issued.
It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It
is also agreed that this project shall be completed within one year from the date of acceptance of this
grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if
circumstances beyond the sponsor's control occur.
Funds will be disbursed according to Department procedures and final inspection of completed project
(See payment instruction page). Payment of grant funds are contingent upon the Department's annual
ppropriation.
IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly
executed in its name, this /(o ' day of a JUd t 2011 .
L.lon Id Jordan
of Sponsor
orized Signaturc
Mayor
Title
7-4.09
• City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
NIA
City Council Meeting Date
Agenda Items Only
�1
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
REVENUE BUDGET
$ 12,603.00 $ 251,472.00 Airport Pavement Rehab & Re -mark
GRANT REVENUE Category I Project Budget Program Category / Project Name
5550.0955.6803.00 $ 241,524.00 D810 Aviation
Account Number Funds Used to Date Program 1 Project Category Name
11023 1 $ 9,948.00 Airport
Project Number Remaining Balance Fund Name
Budgeted Item I Budget Adjustment Attached J
Z3 Previous Ordinance or Resolution # 143-11
Date
Original Contract Date:
- Original Contract Number:
Date
'-Pc.a _ ,. ._-U-201z n� �
Finance and Internal Services Director Date Received in City -20-1 -
P12 0s RCVD
Clerk's Office
1-av->y
Date
Received in
Mayor's Office
to
grant application requested amount
r_
'' "C'., . Revised January 15, 2009
City Council Meeting of: N/A
Agenda Item Number:
aye eve
gS
AVIATION DIVISION
FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
THRU: Chief of Staff
THRU: StafflContract Review Committee
THRU: Terry Gulley, Transportation Director
FROM: Ray M. Boudreaux, Aviation D' ector
DATE: January 20, 2012
SUBJECT: Signature of Mayor on State Grant application Airport
Pavement Rehab Project
RECOMMENDATION: Signature of the Mayor on the State Grant application for
5% matching funds for the Pavement Rehab Project. Mayor previously signed the
application but the State form had changed over the new year. This is the new for.
BACKGROUND: The City Council approved application and receipt of grant
funds for this project with Resolution 143-11
BUDGET IMPACT: Grant revenue will be $12,603.00.
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/aviation
aiot_economicdeveIopment@d.IayetteviIIe.ar.us
•
a �ftv!lle
-ARKANSAS
January 19, 2012
Mr. John Knight, Director
Arkansas Department of Aeronautics
One Airport Drive, 3rd Floor
Little Rock, Arkansas 72202
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 5 School Ave, Ste F
Fayetteville, AR 72701
P 1479)718-7642
RE: GRANT APPLICATION — DOT/FAA ALP 40, Pavement Rehabilitation and Re -marking
Dear Mr. Knight;
Enclosed please find two (2) copies of a grant application to Arkansas Department of Aeronautics for 95/5% match funding on a
project to rehabilitate and re -mark runway and taxiway pavements.
Fayetteville Municipal Airport requests funding in the amount of $12,603, 5% of the total project cost of $252,069.
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.
Sine
Ray M. oudreaux, Director
RB:jn
Enclosures:\3\
Grant Application
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
State Airport Aid Application — Page 1
The City/County of Fayetteville , herein called "Sponsor", hereby makes
application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for
the purpose of aiding in financing a project for the development of a municipal airport located in the city
of 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):
McClelland Consulting Engineers, Inc
PO Box 1229
Fayetteville AR 72702
479-443-2377 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: R.Wayne Jones, PE
Phone/Fax Number: 479-443-9241 fax
Describe the work to be accomplished: Pavement rehabilitation to include: Rubber
removal and cleaning, joint/crack seal application of rejuvenation sealer, re -marking to
include newly required Enhanced RW Hold Line marking.
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: 3-05-0020-0040-11
O 95-5% Match
Total Cost of Project: 252,069.50
Federal Share: 239,465.00
State Share: 12,603.00
Local Share:
7-1-11
' LfTl 1YdREPbRr AND Q[lEST�F0R 1tE[WURSEM8NT
is l APPROV D B OM8 No!80-80181
PAGE'1"'a�s OF2 "I°' 9 '1
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Ir�LO NTIFIC TiON t 1htBER
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71-6019462
DUNS 134398903
December 13, 2011
December 19, 2011
itECI IENT'+0RflANIZA LION i,R�'r '� �' �' ' 5 'x 10 P�►YEE {VYl ere`c�ec ' 9)o ksiwiddrmsePdi![eie+`d
Fr. CITY OF FAYETTEYII,LE ECHO DRAWDOWN Proj# 05002040
FAYETTEVISLE EXECIJT'IVE AIRPORT! DRAKE FIELD
°snd34eet 4500 S. SCHOOL AVE, SUITE F nd;t�' ECHO Control # 69AA5102
FAYETTEVILLE AR 72701 Stafea ECHO Message # 1354142416
41 z 1�►7dJS'tO,V�
t. f.A► SI=G
y
ve
J.
-•
$ 922.50
$ 75.00
$ 997.50
Iru.-.- ' e '� � .�r._�"�$ 0
—
}��..G fs1gC>
c.Ardxutte
cua�l,. ''y" aslc°tees+ "'Q' r 83(i 00ry�
12 330.00
12 330.00
j Q00;
pro)e t oil ees WKS" O0'O
-
10,469 50
10,469 50
x7200
228 271.60
-
228,2 71.60
_
-
'' i r toes: + n
241,524 10
10,544 50
252,068 60
a ca o a' e IL ..,rxm nus 1oO
-
10,544.50
10 544.50
-- 239'49;7®
-
10 017.28
10,01700
ed sue' Wit -e49'00
-
1001728
1001728
r'rous�.'.-
-
-
"
$ 229,448.00
$ 10 017.00
239 465.00
_ i Tis
95.8%
4.2%
100.0%
. _. Y
`i y'' L! - •Sy 5
SIGMA bF UTii�RIZE ERTJFYINI13,WICAL
t q ..G 1T.a3• J'M
DATE REPORT -�.r',
�U,B�{�,,, D73s ..
a. 1PIENi .
M. Boudreaux,
�1-590,eRay
1 " si}'itT3 .( �•M .., r• w
Director Aviation &Eco Dev
479-718-7642
be re the 6;iledi� bu�
d n1l erm> �Ka F t
urseme seitl`s"the Fe�era45Nane. J SE TWE
TORE OF"AUTHORIzED CERTIEYINO CFf'ICAL
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,s .
TYPE OR;PRINT. AIMS ANUS E w,
Z �.[�1`a4�
TEL EP SON E {Aa coals�3Y
Air ort Financial Coordinator
479-718-7642
tanda?q� -e ^s;.'�a s�^_'' .^s. su',,s: 3.
�rd•FQ�.z,1���'i,•e���,r"t.•-.
•j,�tk' x t? as-t�r�r y i�w
^3 ! #s$, "'. i r rx tsl
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: July 2011
Estimated completion date of project: Dec 2011
Project will be for: New Airport X Existing Airport
Is land to be leased or purchased?
Description of land and cost per acre:
No
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0040-11
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 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before
review for grant can be made by the State. Applications for hangar construction or renovation funds
must include a signed lease agreement. This agreement must be in compliance with all FAA grant
assurances. The application must be based on bids and include a calculated return on investment.
No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without
State Aeronautics Commission prior approval. All requests for sale or disposal of property will be
considered on an individual case basis. No hangar (funded by a grant from the Department of
Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior
approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to
receive prior approval from A.D.A. concerning land and/or building use could result in the commission
requesting grant refund from the Sponsor. 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 grant 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 day of J , 20 I 2..
7 -1 -II
RESOLUTION NO. 143-11
A RESOLUTION AUTHORIZING APPLICAT1ON AND ACCEPTANCE OF A
FEDERAL AVIATION ADMINISTRATION 95% PROJECT COST GRANT
AND AN ARKANSAS DEPARTMENT OF AERONAUTICS 5% MATCHING
GRANT, FOR THE DRAKE FIELD RUNWAY REJUVENATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayettevilie, Arkansas hereby authorizes
application and acceptance of a Federal Aviation Administration 95% project cost grant and an
Arkansas Department of Aeronautics 5% matching grant for the Drakc Field Runway
Rejuvenation Project.
PASSED and APPROVED this 16" day of August, 2011.
APPROVED: ATTEST:
By: B
'..... J AN, Mayor SO RAE: SMITH,, City Clerk/Treasurer
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