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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 �,\g14S�iTFtPDP��R FAYETTEVILLE kf ;; IL5;y9RkANsP°J�e� vvv�$7i 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 jr f Via;'• CRAPH.C SCALE ET •p• „.LT PPOPER17UAP ORAKC FELD 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 jr f Via;'• CRAPH.C SCALE ET •p• „.LT PPOPER17UAP ORAKC FELD 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 ONSTRUC1JO- P-' 7�7 ' 1 TY�?P-DFIKEQUEST -` �* �ri 2 BAS S'OREQUET t'E dr ` 'sE .1 ct3, ` �& d rit.a 'q :- See nStrUucu S O ibaC a ° ci -alp . n� s . rtA J AGCRUAL: • P-ARTI L s •sIL_ .''.- 4�S:i'�I y �'�`-' SF#:3 ' `Y a "ice'' -er - s- .*-t7+" �ppNSOkING AI;ENt TI0N ELEMENT 4'iT ? * 'rf- t REPORit5SUM9NITIEO !y i'-it x` •'�" `- � EO£RAL; 09 THER I0EIRSFi1NG �«E IpIM... _BE ..IASG D�BY FEU -IL AtlENCY $- PARTIAL PAYMENT 4REOVESTJl0 tlf�s n#Sa M� r< S .:' CIS L x" 7 M$,i!S s3. k,•`'" aF' Sa,� ,4'�P-' a+ --'_"'s. L.� ; 4 e"desal�lil�OllaIk11I1131;CAt1U11Y 3-05-0020-0040-11 Ir�LO NTIFIC TiON t 1htBER „^. sc�•. tcYv i T RECIP ACNT COUOR O? iER { c i1dMeER,; • .�Sr ; ER OO C.O ER! 0BI REPQRT i20M /tilonffi ifa f TO Monih da �. 1...-� .-rte liQ. = ....i,3.�s�= _ -i?v 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 rx } t,u� c D41J j PQRI 3s a SCIBMITTED -- iYg,vt4ch snot n prevusiregd rr . �,�� ana `thai and nspeCti. ,�i�� <f' ,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 1• • ' s