HomeMy WebLinkAbout128-12 RESOLUTIONRESOLUTION NO. 128-12
A RESOLUTION AWARDING BID #12-46 AND AUTHORIZING A
CONTRACT WITH PAVEMENT MAINTENANCE UNLIMITED, LLC FOR
PAVEMENT REHABILITATION AND RE -MARKING AT FAYETTEVILLE
EXECUTIVE AIRPORT -DRAKE FIELD IN THE AMOUNT OF $99,190.00,
APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT IN THE
AMOUNT OF $22,050.00, APPROVING APPLICATION FOR AND
ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION
ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF
AERONAUTICS TO FUND NINETY-FIVE PERCENT (95%) OF THE
PROJECT, APPROVING A PROJECT CONTINGENCY IN THE AMOUNT
OF $7,012.00, AND APPROVING A BUDGET ADJUSTMENT
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 awards Bid
#12-46 and authorizes a contract with Pavement Maintenance Unlimited, LLC for pavement
rehabilitation and re -marking at Fayetteville Executive Airport -Drake Field in the amount of
$99,190.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves
Change Order No. 1 to the contract with Pavement Maintenance Unlimited, LLC in the amount
of $22,050.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the application for and acceptance of grants from the Federal Aviation Administration and the
Arkansas Department of Aeronautics to fund ninety-five percent (95%) of the project.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency in the amount of $7,012.00.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 19th day of June, 2012.
APPROVED: ATTEST:
LI NELD j.SAN, Mayor
By: E •
SONDRA E. SMITH, City Clerk/Treasurer
001111F
F..-' 0:
1 : FAYETTEVILLE:
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City of Fayetteville, Arkansas
Budget Adjustment Form
V11.0222
Budget Year
2012
Division: Aviation
Department: Transportation Services
Request Date
6/19/2012
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION
To increase the project budget and recognize grant funding for a project to rehabilitate taxiway pavements, aircraft
parking aprons and repaint airfield markings. The project is 95% funded through grants from the DOT/FAA and the
Arkansas Department of Aeronautics. To restore the grant funded portion of funds used for preliminary Engineering
expense to the Airport Use of Fund Balance revenue account.
Project will rehabilitate the remaining taxiways and asphalt aircraft parking areas comprising asphalt rejuvenation
sealer application and re -marking. Will extend the useful life of the existing pavements.
S v
D e
Budget Director
Departm t Director
Date
Date
Finance Direct()
Date
-1101
Date
Prepared By: James Nicholson
Reference:
kspringer
Budget & Research Use Only
Type: A BCD E P
General Ledger Date
Posted to General Ledger
Checked / Verified
Initial Date
Initial Date
TOTAL BUDGET ADJUSTMENT 129,252 129,252
Account Name
Account Number
Increase / (Decrease) Project.Sub
Expense Revenue Number
Ittitv644± kt.Ws 4 i e14.412 ki, 1 5550.0955.6820.41 132,527 12012. 1
State grants on Fed proj 5550.0955.6803.00
Use of fund balance
Public notification
•
7,362 12012 . 1
5550.0955.4999.99 (10,637)
5550.3960.5301.00 1,000
12012 . 1
arrwt.4�ac{it(Z, 4 M 2 I , 5550.3960.7820.41 128,252 12012 : 1
•
•
J:Wames120121BUDGET1BAForm 2012 AIP41 PavementRehabll
Ray M. Boudreaux
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/19/2012
City Council Meeting Date
Agenda Items Only
Aviation
Division
Action Required:
Transportation
Department
Action Required: A Resolution to: '
a) Approve a Contract with Pavement Maintenance Unlimited, LLC, for Airport Pavement Rehab and Re -marking in the amount of
$99,190
b) Approve Change Order #1 to Contract with Pavement Maintenance Unlimited, LLC, in the amount of $22,050 (Increase).
c) Approve application to and acceptance of Grants from DOT/FAA and the Arkansas Department of Aeronautics.
d) Approve a five percent (5%) project contingency in the amount of $7012.
e) Approve a Budget Adjustment for project expense and recognizing grant revenue.
129,252.00
Cost of this request
5550.3960.7820.41
Account Number
120121
Project Number
Budgeted Item
18,000.00
Category / Project Budget
18,000.00
Pavement Rehab & Re -marking Phase 11
Program Category 1 Project Name
Airport Capital
Funds Used to Date Program / Project Category Name
Airport
Remaining Balance Fund Name
Budget Adjustment Attached
�e Q . 4 - i " 2412.
Finance and Internal Services Director Date
Previous Ordinance or Resolution # 84-12
Original Contract Date:
Original Contract Number:
Received inCity°5-31-12P12:'04 RCVD
Clerk's Office
Comments: Project is 95% reimbursable from grants. See attached Budget Adjustment for detail.
Revised January 15, 2009
•
aye
1
ev1 e AVIATION DIVISION
ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD
City Council Meeting of: June 19, 2012
Agenda Item Number:
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
TI RU: Chief of Staff
THRU: Staff/Contract Review Committee
THRU: Terry Gulley, Transportation Directo
FROM: Ray M. Boudreaux, Aviation Di
DATE: May 30, 2012
SUBJECT:
Approve Contract and Change Order No. 1 with Pavement Maintenance
Unlimited, LLC for the Pavement Rehab Phase II project, Grant funding
applications from DOT/FAA and Arkansas Department of Aeronautics, and a
budget adjustment.
RECOMMENDATION: Approve a Contract with Pavement Maintenance Unlimited, LLC, a
project Change Order to increase the scope of the project, approve a five percent (5%) project
contingency amount, approve the application to and receipt of grant funding from the DOT/FAA and
Arkansas Department of Aeronautics, and approve a budget adjustment increasing the project
budget, recognizing the revenue for the project, and restoring the grant -funded portion of the
Airport's Use of fund balance account used for initial design and bidding costs.
BACKGROUND: The City Council approved the design/engineering portion of the project May 1st,
2012, Res. #84-12. The project is eligible for 95% funding with the remaining 5% to be paid from the
Airport's reserves. The project rehabilitates the remaining portions of asphalt pavements that were
not addressed in the 2011 pavement rehabilitation project. The work comprises application of
Rejuvaseal and re -painting of taxiway and aircraft parking apron markings.
This item requests City Council approval of the contract and Change Order No 1 with Pavement
Maintenance Unlimited, LLC, Inc., for the work. Change Order No. 1 expands the scope of the work
to add several desired items. Bids received were below estimate so sufficient grant funding is
available from the FAA for the additional work. 5% match for this project will be paid by the
Arkansas Aeronautics Commission.
BUDGET IMPACT: This project is 90% funded by the FAA ($132,527), 5% Arkansas Department
of Aeronautics ($7362), and the remaining 5% will be paid from the Airport's reserves ($7363).
Attachments: Staff Review
Contract
Change Order No. 1
Grant Application DOT/PAA
Grant Application AR Dept Aeronautics
Budget Adjustment
4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING - FAYETTEVILLE AR 72701
479.718.7642 479.718.7646 FAX • www.accessfayetteville.org/govemment/avfafion
airport_economic_clevelopment@clfayettevilfe.ar.us
RESOLUTION NO.
A RESOLUTION AWARDING BID #12-46 AND AUTHORIZING A
CONTRACT WITH PAVEMENT MAINTENANCE UNLIMITED, LLC FOR
PAVEMENT REHABILITATION AND RE -MARKING AT FAYETTEVILLE
EXECUTIVE AIRPORT -DRAKE FIELD IN THE AMOUNT OF $99,190.00,
APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT IN THE
AMOUNT OF $22,050.00, BOTH CONTINGENT UPON THE RECEIPT OF
GRANT FUNDING, AUTHORIZING ACCEPTANCE OF GRANT FUNDING
TO FUND NINETY-FIVE PERCENT (95%) OF THE PROJECT, APPROVING
A PROJECT CONTINGENCY IN THE AMOUNT OF $7,012.00, AND
APPROVING A BUDGET ADJUSTMENT
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 awards Bid
#12-46 and authorizes a contract with Pavement Maintenance Unlimited, LLC for pavement
rehabilitation and re -marking at Fayetteville Executive Airport -Drake Field in the amount of
$99,190.00, contingent on the receipt of grant funding.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves
Change Order No. 1 to the contract with Pavement Maintenance Unlimited, LLC in the amount
of $22,050.00, contingent upon the receipt of grant funding.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency in the amount of $7,012.00.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the acceptance of grants to provide ninety-five percent (95%) funding for the project.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 19th day of June, 2012.
APPROVED: ATTEST:
By:' By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
C
E
I11EECONSULTING D
ENGINEERS, INC.
DESIGNED TO SERVE
DESIGNED SERVE
June 15, 2012
Mr. Ray Boudreaux
Airport Manager,
Fayetteville Municipal Airport
4500 S. School Suite F
Fayetteville, AR 72701
RE: Phase II Airfield Pavement Rehabilitation
Fayetteville Executive Airport
Dear Mr. Boudreaux:
1810 N. College Avenue
P.O. Box 1229
Fayetteville, AR 72703/72702-1229
479-443-2377 • FAX 479-443-9241
www.mcclelland-engrs.com
REC fv
JUN 5 ° 12
Al PORT
Enclosed please find three (3) copies of the signed Change Order No. 1 and three (3)
copies of the signed Contract for Pavement Maintenance Unlimited, LLC. for execution
by the City. Please return one (1) signed copy to the Contractor and a copy to our office.
If there are any questions regarding this project, please contact us.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
ayne ones
ice Pre f ent
Enclosures: Change Order No. 1 (3 copies)
Contract (3 copies
J:120121122118 - Drake Pavement Phase 1I\Correspondence\bourdreaux-61512.doc
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CHANGE ORDER
Order No.
Date:
Agreement Date:
1
May 29, 2012
June 19, 2012
NAME OF PROJECT: Phase 11, Airfield Pavement Rehabilitation & Striping (AIP Proi. No. 3-05-0020-41-2012)
OWNER: City of Fayetteville (Airport Department)
CONTRACTOR: Pavement Maintenance Unlimited, LLC
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Increase the quantity for Bid Item No. 3: from 10,000 SF to 28,000 SF and change the work to include the restriping of the Runway
Threshold, Numbers and Touchdown Markings at the unit price at $0.90/SF.
Add cost of $ 16,200.00 to the contract.
2. Increase the quantity for Bid Item No. 5: from 1,500 SF to 8,000 SF and change the work to include the restriping of the concrete
Taxiways "G" &"E" east of the runway, Taxiway "B" west of the runway and the non -movement striping along the Terminal Apron
including the black outline striping at the unit price at $0.90/SF. Add cost of $ 5,850.00 to the contract.
Justification:
1. The Owner has recently had the FAA Certification inspection and these additional striping items were noted in the inspection
as area the need to be corrected.
CONTRACT PRICE prior to this Change Orders: $ 99,190.00
Increase in Contract Price: $ 22,050.00
Revised CONTRACT PRICE Including this Change Order: $ 121 240.00
Final Completion Time Prior to This Change Order: 45 Calendar Days
Net Time Change Resulting From This Change Order: 0 Calendar Days
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by 0 calendar days.
Approvals Required:
To be effective this Order must be approved by the Owner if it changes the scope or objective or the
PROJECT, or as may otherwise be required by the GENERAL CONDITIONS.
Requested by:
Recommended by:
Approved by:
Pave aintenance Unlimited, LLC
onsulting Engineers, Inc.
J:120121122118 - DRAKE PAVEMENT PHASE IRCONSTRUCTIONICHANGE ORDERSICHANGE ORDER 1.DOC
Date
—/-57Z
Date
Cityof�Fa�/e eville ` e
Da
Page 1
CONTRACT
THIS AGREEMENT, made and entered into on the 1 day of June 2012, by and between
Pavement Maintenance Unlimited, LLC, herein called the Contractor, and the City of
Fayetteville:
WITNESSETH:
That Pavement Maintenance Unlimited, LLC, for the consideration hereinafter fully set out,
hereby agrees with the City of Fayetteville as follows:
1. That Pavement Maintenance Unlimited, LLC, shall furnish all the materials, and perform all
of the work in manner and form as provided by the following enumerated Specifications, and
Documents, which are attached hereto and made a part hereof, as if fully contained herein and are
entitled:
Phase II, Airfield Pavement Rehabilitation & Restriping, Fayetteville Executive Airport,
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Specifications
Drawings — 3 Sheets
2. That the City of Fayetteville hereby agrees to pay to Pavement Maintenance Unlimitedz
LLC for the faithful performance of this Agreement, subject to additions and deductions as
provided in the Specifications or Bid, in lawful money of the United States, the amount of the
bid $99,190 plus Change Order #1 for ($22,050) for a Contract Amount of One
Hundred Twenty One Thousand, Two Hundred Forty Dollars ($121,240.00).
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 45 days after the date when the Contract Time commences to run, as provided
in the Notice to Proceed.
4. Liquidated Damages: City of Fayetteville and Pavement Maintenance Unlimited, LLC,
recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer
financial loss Lithe Work is not completed within the times specified above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if
the Work is not completed on time. Accordingly, instead of requiring any such proof, City of
Fayetteville and Pavement Maintenance Unlimited, LLC, agree that as liquidated damages for
delay (but not as a penalty) Pavement Maintenance Unlimited, LLC, shall pay City of
Fayetteville One Hundred Dollars ($100.00) for each day that expires after the time specified
in Paragraph 3 for completion and readiness for final payment.
FY122118 Drake Field Pavement Section 00500 - 1
5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall
make partial payments to Pavement Maintenance Unlimited, LLC, on the basis of a duly
certified and approved estimate of work performed during the preceding calendar month by
Pavement Maintenance Unlimited, LLC, LESS the retainage provided in the General
Conditions, which is to be withheld by the City of Fayetteville until all work within a
particular part has been performed strictly in accordance with this Agreement and until such
work has been accepted by the City of Fayetteville.
6. That upon submission by Pavement Maintenance Unlimited, LLC, of evidence satisfactory to
the City of Fayetteville that all payrolls, material bills, and other costs incurred by Pavement
Maintenance Unlimited, LLC, in connection with the construction of the work have been paid
in full, final payment on account of this Agreement shall be made within 60 days after the
completion by Pavement Maintenance Unlimited, LLC, of all work covered by this
Agreement and the acceptance of such work by the City of Fayetteville.
7. It is further mutually agreed between the parties hereto that if, at any time after the execution of
this Agreement and the Surety Bond hereto attached for its faithful performance and payment,
the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory
or if, for any reason such bond ceases to be adequate to cover the performance of the work,
Pavement Maintenance Unlimited, LLC, shall, at its expense, within 5 days after the receipt
of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and
amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In
such event, no further payment to Pavement Maintenance Unlimited, LLC, shall be deemed
to be due under this Agreement until such new or additional security for the faithful perfor-
mance of the work shall be furnished in manner and form satisfactory to the City of
Fayetteville.
8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
9. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas
Freedom of Information Act request is presented to the City of Fayetteville, Pavement
Maintenance Unlimited, LLC will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
§25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be
assessed for this compliance.
FY122118 Drake Field Pavement Section 00500 - 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in three (3) counterparts, each of which shall, without proof or accounting for the
other counterparts be deemed an original Contract.
SEAL:
WITNESS S.
ATTEST:
City Clerk
oilimPflfo
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FAYETTEVILLE
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'°`i ,NG TONG?�,.
Pavement Maintenance Unlimited, LLC
By
e
Title
CITY OF FAYETTEVILLE
FY1221 18 Drake Field Pavement Section 00500 - 3
OMB Number: 4040-0004
Expiration Date: 03/31/2012
Application for Federal Assistance SF -424
* 1. Type of Submission:
MI Preapplication
0 Application
0 Changed/Corrected Application
• 2. Type
EI New
In Continuation
n Revision
of Application: * If Revision, select appropriate letter(s):
" Other (Specify)
*3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
* 5b. Federal Award Identifier.
AR/OK ADO, ASW -630
3-05-0020-41-2012
State Use Only:
6. Date Received by
7. State Application Identifier:
State:
8. APPLICANT
INFORMATION:
* a. Legal Name:
City of Fayetteville
* b. Employer/Taxpayer Identification Number (ON/TIN):
716018462
• c. Organizational DUNS:
134398903
d. Address:
*Street!:
Street2:
*City:
County:
* State:
Province:
• Country:
*Zip 1 Postal Code:
113 W Mountain St
Fayetteville
Washington
Arkansas '
USA: UNITED STATES
72701
e. Organizational Unit:
Department Name:
Division Name:
Transportation
Aviation
f. Name and contact information of person to be contacted on matters involving this application:
Prefix:
Middle Name:
" Last Name:
Suffix:
Mr,
* First Name: Ray
M
Boudreaux
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
CFRA 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 Phase 11
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 ProgramlProject Congressional Districts if needed.
17. Proposed
*a Start Date:
Project:
June 2012 • b. End Date: August 2012
18. Estimated Funding (9):
*a. Federal 132,527
* b. Applicant 7,363
*c. State 7,362
*d. Local
* e. Other
*L Program income
*g. TOTAL 147,252
* 19. Is Application
E a. This application
ID b. Program
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. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Applicant Federal Debt Delinquency Explanation
r Yes M 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)
Q ** I AGREE
"* The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix:
Middle Name:
* Last Name:
Suffix:
The Honorable * First Name: Lioneld
Jordan
* Title: Mayor, City of Fayetteville
* Telephone Number: 479-575-$330 Fax Number: 479-575.8257
* Email: Ijordan@ci.fayetteville.ar.us
*Signature of Authorized
Representative: ,L 4.....r1. * Date Signed: 4.— 2--"'
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 Federat Debi. Maximum number of
characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space.
N/A
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
OMB NO. 2120-0569
11/3012007
Item 1.
Does this assistance request require State, local, regional,
or other priority rating?
Yes n No
Name of Governing Body:
Priority:
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Yes U No
Name of Agency or Board:
(Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
I5 Yes No
(Attach Comments)
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes
X
No
Name of Approving Agency:
Date: / /
Item 5.
Is the proposal project covered by an approved
comprehensive plan?
Yes
X
No
Check one:
Location of Plan:
State
Local
Regional
Item 6.
Will the assistance requested serve a Federal
installation?
n Yes X No
Name of Federal Installation:
Federal Population benefiting from Project:
Item 7.
Will the assistance requested be on Federal land
or installation?
n Yes
Name of Federal Installation:
Location of Federal Land:
No Percent of Project:
Item 8.
Will the assistance requested have an impact or effect on
the environment?
0 Yes X No
See instruction for additional information to be
provided
Item 9.
Will the assistance requested cause the displacement of
individuals, families, businesses, or farms?
n Yes n No
Number of:
Individuals:
Families:
Businesses:
Farms:
Item 10.
Is there other related Federal assistance on this
project previous, pending, or antici ted?
II Yes n 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:
OMB 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 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
FM Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C (Continued)
OMB NO. 2120-069
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
2. Functional or Other Breakout
20-106
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
$ 8,000
5. Other Architectural engineering fees
$ 2,500
6. Project inspection fees
$ 7,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$ 121,240
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 140,240
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 140,240
17. Less: Ineligible Exclusions
18. Add: Contingencies (5%)
$ 7,012
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 147,252
20. Federal Share requested of Line 19
$ 132,527
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 132,527
23. Grantee share
7,363
24. Other shares AR State Dept Aeronautics 5% Match
$ 7,362
25. Total Project (Lines 22, 23 & 24)
$
$
$ 147,252
FAA Form.5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73)
Page 4
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.
g. Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
$
7,363
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
$
7,362
b. Other
c. Total Other Shares
29. TOTAL
$ 14,725
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: RW 34 Approach, Acquire Avigation Easements and Remove Obstructions
AIRPORT: Drake Field, FYV
1. Objective:
Rehabilitate existing asphalt Taxiways and aircraft parking apron area. Project comprises crack sealing, asphalt
rejuvenation sealer, and re -marking of the remainder of the asphalt areas not addressed in the previous AlP
project (3-05-0020-40-2011).
2. Benefits Anticipated:
Will extend the usable life of the pavement. Will restore deteriorated pavement markings.
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:
A portion of Taxiways, aircraft parking aprons, hangar building aprons. 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
FAA
Airports
q4 O
�NlSTtiLP'JC
Grant 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 VU, 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.
Airport Sponsor Assurances (412012) ARP Page 1 of 17
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:
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 seci.t
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act— 5 U.S.C. 1501, et se4.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et secs.
12
f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C.
470(1).'
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469
through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
sect.
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. 2O00d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea.]
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 sea.i
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 sect.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Airport Sponsor Assurances (4/2012) ARP Page 2 of 17
Executive Order 11246 - Equal Employment Opportunity`
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.`
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.
Airport Sponsor Assurances (4/2012) ARP Page 30117
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
These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
49 CFR Part 18 and OMB Circular A-87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in 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.
Airport Sponsor Assurances (4/2012) ARP Page 4 of 17
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
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 suchobligations, 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
-- ........... ..
Airport Sponsor Assurances (412012) ARP Page 5 01 17
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. Sponsors of commercial service airports 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. Sponsors of
general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near
the airport must comply with the requirements of Sec. 136 of Public Law
112-95 and the sponsor assurances.
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 ₹o 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,
Airport Sponsor Assurances (412012) ARP Page 6 of 17
it assures or certifies that it has implemented an effective airport pavement
maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds ofthis '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 Vietnam
Airport Sponsor Assurances (4/2012) ARP Page 7 of 17
era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled
veterans, and small business concerns owned and controlled by disabled veterans
as defined in Section 47112 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into
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.
£ 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
Airport Sponsor Assurances (412012) ARP Page 8 of 17
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for -
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Sponsor Assurances (4/2012) ARP Page 9 of 17
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to -
1) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed -based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, 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.
Airport Sponsor Assurances (4/2012) ARP Page 100117
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a
single fixed -based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport 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 Sponsor Assurances (412012) ARP Page 11 of 17
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. The following exceptions apply to this paragraph:
1) 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 fmancing, 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.
2) If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20 -year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at Section 47102 of title 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law 112-95.
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 fmancial and operations
reports as the Secretary may reasonably request and make such reports
Airport Sponsor Assurances (4/2012) ARP Page 12 of 17
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 —
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
Airport Sponsor Assurances (4/2012) ARP Page 13 of 17
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; (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon; and (4) all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. 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 except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
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
Airport Sponsor Assurances (412012) ARP Page 14 of 17
(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,
including land serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
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 or transferred to another eligible
airport as prescribed by the Secretary. The Secretary shall give preference
to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund.
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
Airport Sponsor Assurances (4/2012) ARP Page 15 of 17
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
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
Airport Sponsor Assurances (412012) ARP Page 1B of 17
• have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
DOT -assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to 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 i 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 (412012) ARP Page 17 of 17
STANDARD DOT TITLE VI ASSURANCES
City of Fayetteville, Arkansas_ (hereinafter referred to as the Sponsor) hereby agrees that
as a condition to receiving Federal financial assistance from the Department of Transportation
(DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and
all requirements imposed by 49 CFR Part 21, - Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of
1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or activity
for which the applicant receives Federal financial assistance and will immediately take any
measures necessary to effectuate this agreement. Without limiting the above general
assurance, the sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b)) will be
conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act
and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an
interest in real property, the assurance shall extend to rights to space on, over, or under such
property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal
financial assistance under this Project; and
(b) for the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures or
improvements thereon, in which case the assurance obligates the sponsor or any transferee for
the longer of the following periods.
(a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits, or
(b) the period during which the sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the
Secretary of Transportation or the official to whom he delegates specific authority to give
reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors,
transferees, successors in interest, and other participants or Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the Act, the Regulations,
and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal
financial assistance for this Project and is binding on its contractors, the sponsor,
subcontractors, transferees, successors in interest and other participants in the Project. The
person or persons whose signatures appear below are authorized to sign this assurance on
behalf of the Sponsor.
DATED
City of Fayetteville. Arkansas
/ (Sponsor)
CONTRACTOR CONTRACTUAL REOULREMENTS
ATTACHMENT I
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the
FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs I
through 5 in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued Pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result
of such direction, the contractor may request the Sponsor to enter into such litigation to protect the
interests of the sponsor and, in addition, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR
INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in
the event facilities are constructed, maintained, or otherwise operated on the said property described in
this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or
for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,
permitee, etc.) shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1)
no person on the grounds of race, color, or national origin shall be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the furnishing of services thereon, no
person on the grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee,
etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as
said Regulations may be amended.
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
City of Fayetteville, Arkansas
(Sponsor)
Drake Field KFYV
(Airport)
3-05-0020-41-2012
(Project Number)
Description of Work:
Pavement rehabilitation of taxiways and parking aprons comprising: joint seal, crack repair,
rejuvenation sealer application, re -marking.
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a
project under the Airport Improvement Program (AIP). General standards for selection of consultant
services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR),
Part.18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to
specific standards in 49 CFR 18 and FAA Advisory Circular 15015100-14, Architectural, Engineering,
and Planning Consultant Services for Airport Grant Projects.
Except for the certified items below marked not applicable (N/A), the list includes major requirements
for this aspect of project implementation, although it is not comprehensive, nor does it relieve the
sponsor from fully complying with all applicable statutory and administrative standard.
Yes
No
N/A
1. Solicitations were or will be made to ensure fair and open
®
❑
❑
competition from a wide area of interest.
2. Consultants were or will be selected using competitive
procedures based on qualifications, experience, and
®
❑
❑
disadvantaged enterprise requirements with the fees determined
through negotiations.
3. A record of negotiations has been or will be prepared reflecting
considerations involved in the establishment of fees, which are
®
❑
❑
not significantly above the sponsor's independent cost estimate.
4. If engineering or other services are to be performed by sponsor
force account personnel, prior approval was or will be obtained
❑
❑
from the FAA.
5. The consultant services contract clearly establish or will clearly
establish the scope of work and delineate the division of
® ❑
❑
responsibilities between all parties engaged in carrying out
elements of the project.
6. Costs associated with work ineligible for AIP funding are or will
be clearly identified and separated from eligible items in
®
❑
solicitations, contracts, and related project documents.
7. Mandatory contact provisions for grant -assisted contracts have
® ❑
❑
been or will be included in consultant services contracts.
8. The cost -plus -percentage -of -cost methods of contracting
® ❑
❑
prohibited under Federal standards were not or will not be used.
Page 1 of 2
9. If the services being procured cover more than the single grant
project referenced in this certification, the scope of work was or ® ❑ ❑
will be specifically described in the advertisement, and future
work will not be initiated beyond five years.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Fayetteville, Arkansas
(Name of Sp sor)
Sign ture of SpoO ignated Official Representative)
Lioneld J
(Typed Name of Sponsor's Designated Official Representative)
Mayor
(Typed Title of Sponsor's Designated Official Representative)
zc112
(Date)
Page2of2
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
PROJECT PLANS AND SPECIFICATIONS
City of Fayetteville, Arkansas Drake Field KFYV 3-05-0020-41-2012
(Sponsor) (Airport) (Project Number)
Description of Work:
Pavement rehabilitation of taxiways and parking aprons comprising: joint seal, crack repair, rejuvenation
sealer application, re -marking.
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular
(AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 15015100-15, Civil Rights
Requirements for the Airport Improvement Program, and AC 15015100-16, Airport Improvement Program
Grant Assurance One —General Federal Requirements. A list of current advisory circulars with specific
standards for design or construction of airports as well as procurement/installation of equipment and
facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No NIA
1.
The plans and specifications were or will be prepared in
accordance with applicable Federal standards and
requirements, so no deviation or modification to standards set
® ❑ ❑
forth in the advisory circulars, or State standard, is necessary
other than those previously approved by the FAA.
2.
Specifications for the procurement of equipment are not or will
not be proprietary or written so as to restrict competition. At
❑ ❑
least two manufacturers can meet the specification.
3.
The development included or to be included in the plans is
❑ ❑
depicted on the airport layout plan approved by the FAA.
4.
Development that is ineligible for AIP funding has been or will
® ❑
be omitted from the plans and specifications.
5.
The process control and acceptance tests required for the
project by standards contained in Advisory Circular 150/5370-10
® ❑ Cl
are or will be included in the project specifications.
6.
If a value -engineering clause is incorporated into the contract,
❑ ❑
concurrence was or will be obtained from the FAA.
7.
The plans and specifications incorporate or will incorporate
applicable requirements and recommendations set forth in the
® ❑ ❑
Federally approved environmental finding.
Yes No N/A
8. For construction activities within or near aircraft operational
areas, the requirements contained in Advisory Circular
150/5370-2 have been or will be discussed with the FAA as well ® El ❑
as incorporated into the specifications, and a safety/phasing
plan has FAA's concurrence, if required.
9. The project was or will be physically completed without Federal
participation in costs due to errors and omissions in the plans ® ❑ ❑
and specifications that were foreseeable at the time of project
design.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Fayetteville, Arkansas
(Name of Spo,jsor)
4'Sigr,j�ture of Sponso De' nated Official Representative)
Lioneld Jo
(Typed Name of Sponsor's Designated Official Representative)
Mayor
(Typed Title of Sponsor's Designated Official Representative)
Is -
(Date)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
EQUIPMENT/CONSTRUCTION CONTRACTS
City of Fayetteville, Arkansas Drake Field KFYV
(Sponsor) (Airport)
Description of Work
Pavement rehabilitation of taxiways and parking aprons comprising
sealer application, re -marking.
3-05-0020-41-12
(Project Number)
joint seal, crack repair, rejuvenation
Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from
the sponsor that it will comply with the statutory and administrative requirements in carrying out a project
under the Airport Improvement Program (AIP). General standards for equipment and construction contracts
within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36.
AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for
the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement
Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal
Requirements. Sponsors may use State and local procedures provided procurements conform to these
Federal standards.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No N/A
1.
A code or standard of conduct is or will be in effect governing
the performance of the sponsor's officers, employees, or agents
® ❑ ❑
in soliciting and awarding procurement contracts.
2.
Qualified personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection,
® ❑ ❑
and testing.
3.
The procurement was or will be publicly advertised using the
® ❑ ❑
competitive sealed bid method of procurement.
4.
The bid solicitation clearly and accurately describes or will
describe:
a. The current Federal wage rate determination for all
❑ ❑
construction projects, and
b. All other requirements of the equipment and/or services to
be provided.
5.
Concurrence was or will be obtained from FAA prior to contract
award under any of the following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest
responsible bidder,
® ❑ ❑
c. Life cycle costing is a factor in selecting the lowest
responsive bidder, or
d. Proposed contract prices are more than 10 percent over
the sponsor's cost estimate.
Yes No NIA
6. All contracts exceeding $100,000 require or will require the
following provisions:
a. A bid guarantee of 5 percent, a performance bond of 100
percent, and a payment bond of 100 percent;
b. Conditions specifying administrative, contractual, and legal
remedies, including contract termination, for those ® ❑ ❑
instances in which contractors violate or breach contact
terms; and
c. Compliance with applicable standards and requirements
issued under Section 306 of the Clean Air Act (42 USC
1857(h)), Section 508 of the Clean Water Act (33 USC
1368), and Executive Order 11738.
7. All construction contracts contain or will contain provisions for:
a. Compliance with the Copeland "Anti -Kick Back" Act, and
b. Preference given in the employment of labor (except in
® ❑ ❑
executive, administrative, and supervisory positions) to
honorably discharged Vietnam era veterans and disabled
veterans.
8. All construction contracts exceeding $2,000 contain or will
contain the following provisions:
a. Compliance with the Davis -Bacon Act based on the current
® ❑ ❑
Federal wage rate determina₹ion; and
b. Compliance with the Contract Work Hours and Safety
Standards Act (40 USC 327-330), Sections 103 and 107.
9. All construction contracts exceeding $10,000 contain or will
contain appropriate clauses from 41 CFR Part 60 for
❑ ❑
compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity.
10. All contracts and subcontracts contain or will contain clauses
required from Title VI of the Civil Rights Act and 49 CFR 23 and
® ❑ ❑
49 CFR 26 for Disadvantaged Business Enterprises.
11. Appropriate checks have been or will be made to assure that
contracts or subcontracts are not awarded to those individuals
or firms suspended, debarred, or voluntarily excluded from
® ❑ ❑
doing business with any U.S. Department of Transportation
(DOT) element and appearing on the DOT Unified List.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
City of Fayetteville, Arkansas
(Name of S7nsor) /l
(Signature of Spo or's signaled Official Representative)
Lioneld J an
(Typed Name of Sponsor's Designated Official Representative)
Mayor
(Typed Title of Sponsor's Designated Official Representative)
(Date)
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
DRUG -FREE WORKPLACE
City of Fayetteville, Arkansas
Drake Field - FYV
3-05-0020-0041-12
(Sponsor) (Airport) (Project Number)
Description of Work:
Pavement rehabilitation of taxiways and parking aprons comprising: joint seal, crack repair, rejuvenation
sealer application, re -marking.
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the
sponsor that it will comply with the statutory and administrative requirements in carrying out a project under
the Airport Improvement Program (AIP). General requirements on the drug free workplace within Federal
grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to
certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The
AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988.
Except for the certified items below marked not applicable (NIA), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully
complying with all applicable statutory and administrative standards.
Yes No NIA
1. A statement has been or will be published notifying employees that
the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the sponsor's
workplace, and specifying the actions to be taken against
employees for violation of such prohibition.
2. An ongoing drug -free awareness program has been or will be
established to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee
assistance programs; and
d. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
3. Each employee to be engaged in the performance of the work has
been or will be given a copy of the statement required within item 1
above.
4. Employees have been or will be notified in the statement required
by item I above that, as a condition employment under the grant,
the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction.
Yes No N/A
5. The FAA will be notified in writing within ten calendar days after
receiving notice under item 4b above from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title of ® ❑ ❑
the employee, to the FAA. Notices shall include the project number
of each affected grant.
S. One of the following actions will be taken within 30 calendar days
of receiving a notice under item 4b above with respect to any
employee who is so convicted:
a. Take appropriate personnel action against such an employee,
up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; ® ❑ ❑
or
b. Require such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by Federal, State, or local health, law enforcement,
or other appropriate agency.
7. A good faith effort will be made to continue to maintain a drug -free ❑ ❑
workplace through implementation of items I through 6 above.
I have prepared documentation shown below or attached hereto with site(s) for performance of work (street
address, city, county, state, zip code). There are no such workplaces that are not identified below or in the
attachment. I have prepared additional documentation for any above items marked "no" and attached it
hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as
marked and attachments are correct and complete.
Location Location Location
Street Address: 4500 S School Ave
City: Fayetteville
State: AR
Zip code: 72701
City of Fay tteville, Arkansas
Name of Snsor -
of Spors6is D ignated Official Representative
Lioneld
Type Name of Sponsor's Designated Official Representative
Mayor
Typed Title of Sponsor's Designated Official Representative
Date of Si nature
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: 6/5/12
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 Phase II to include:
application of rejuvenation sealer and re -marking of sections of Taxiways and aircraft
parking aprons that were not included in the previous pavement rehab nroiect, (AIP40).
State and Local Project Costs:
Please indicate:
O 50-50% Match
O 80-20% Match
O 90-10% Match
O 100%
Federal AIP Projects:
AlP Number: 3-05-0020-0041-12
O 95-5% Match
O 95-5-5% Match
Total Cost of Project Total Cost of Project: 147,252.00
Local Share/Funds Federal Share: 132,527.00_
Local Share/In-Kind State Share: 7,362.00
State Share Local Share: 7,363.00
7-1-11
State Airport Aid Application — Page 2
Provide the information listed below as it applies to your project:
Funding:
Source of Funds: DOT/FAA AIP Grant 90%, AR Dept of Aeronautics 5%. Local 5%
Source of In -Kind Services:
Estimated starting date of project: June 2012
Estimated completion date of project: Aug 2012
Project will be for: New Airport X Existing Airport
Is land to be leased or purchased? No
Description of land and cost per acre:
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0041-12
State Legislators for your area:
State Senator: Sue Madison, District 7
State Representative: Uvalde Lindsey. District 88
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 rant applicants (City and/or County) are totally responsible for compliance with all Federal,
States 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 ofgraLfunds 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 2 5 "i day of , 20/1.
Title
7-I-11
McCLELLAND 1810 N. College Avenue
P.O,Box 1229
IllELTCO SULTI NG Fayetteville, AR 72703/72702-1229
.:� ENGINEERS, INC. 479-443-2377. FAX479-443-924,
www.mccIelIand-en.com
May 29, 2012
Mr. Heath Wills
Pavement Maintenance Unlimited, LLC
3510 West James Circle
Pass Christian, MS 39571
Re: Drake Field Phase II, Airfield Pavement Rehab
Fayetteville Executive Airport
Dear Mr. Wills:
The City of Fayetteville is proceeding with the approval of a contract with Pavement
Maintenance Unlimited, LLC for the Phase II work regarding the Airfield Pavement
Rehab at the June 19, 2012 City Council meeting. The City is requesting to add
additional striping on the Runway and Taxiways to address issues that resulted from
the recent FAA Certification Inspection. The Change Order will add the restriping of the
Runway Threshold markings, the Runway Number markings, the interior stripe of the
Touchdown marking closest to the runway centerline, and the restriping of the
Centerlines for the concrete taxiways. The amount added by Change Order No. I is
$22,050.00.
We have enclosed four (4) copies of the Change Order No. 1 and the Contract for your
signature. Please return three (3) signed copies by June 7, 2012. We will be forwarding
copies of the bond in the next several days.
If there are any questions regarding the Contract or Change Order, please contact us.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
R. Wayne Jones, P.E.
Vice President
Enclosure: Change Order No. 1 (4 copies)
Contract (4 copies)
Cc: Ray Boudreaux, City of Fay.
J;2012122118 - ORAXE PAVEMENT PHASE IIICORRESPONDENCEIPMU LLC .052912 .DOG
.4tceteflwtd eref awfim , ffm - "meet &t9uleeriag 5L m'
adawae Duobwoo 2009 Iwaid Sledpknt
CONTRACT
THIS AGREEMENT, made and entered into on the day of dune 2012, by and between
Pavement Maintenance Unlimited, _ LLC, herein called the Contractor, and the City of
Fayetteville:
WITNESSETH:
That Pavement Maintenance Unlimited, LLC, for the consideration hereinafter fully set out,
hereby agrees with the City of Fayetteville as follows:
1. That Pavement Maintenance Unlimited. LLC, shall furnish all the materials, and perform all
of the work in manner and form as provided by the following enumerated Specifications, and
Documents, which are attached hereto and made a part hereof, as if fully contained herein and are
entitled:
Phase II, Airfield Pavement Rehabilitation & Restriping, Fayetteville Executive Airport,
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Specifications
Drawings —3 Sheets
2. That the City of Fayetteville hereby agrees to pay to Pavement Maintenance Unlimited
LLC for the faithful performance of this Agreement, subject to additions and deductions as
provided in the Specifications or Bid, in lawful money of the United States, the amount of the
bid $99,190 plus Change Order #1 for ($22,050) for a Contract Amount of One
Hundred Twenty One Thousand, Two Hundred Forty Dollars ($121,240.00).
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 45 days after the date when the Contract Time commences to run, as provided
in the Notice to Proceed.
4. Liquidated Damages: City of Fayetteville and Pavement Maintenance Unlimited, LLC,
recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer
financial loss if the Work is not completed within the times specified above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if
the Work is not completed on time. Accordingly, instead of requiring any such proof, City of
Fayetteville and Pavement Maintenance Unlimited LLC, agree that as liquidated damages for
delay (but not as a penalty) Pavement Maintenance Unlimited. LLC, shall pay City of
Fayetteville One Hundred Dollars ($100.00) for each day that expires after the time specified
in Paragraph 3 for completion and readiness for final payment.
FY122118 Drake Field Pavement Section 00500 - 1
5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall
make partial payments to Pavement Maintenance Unlimited, LLC, on the basis of a duly
certified and approved estimate of work performed during the preceding calendar month by
Pavement Maintenance Unlimited, LLC, LESS the retainage provided in the General
Conditions, which is to be withheld by the City of Fayetteville until all work within a
particular part has been performed strictly in accordance with this Agreement and until such
work has been accepted by the City of Fayetteville.
6. That upon submission by Pavement Maintenance Unlimited, LLC, of evidence satisfactory to
the City of Fayetteville that all payrolls, material bills, and other costs incurred by Pavement
Maintenance Unlimited, LLC, in connection with the construction of the work have been paid
in full, final payment on account of this Agreement shall be made within 60 days after the
completion by Pavement Maintenance Unlimited, LLC, of all work covered by this
Agreement and the acceptance of such work by the City of Fayetteville.
7. It is further mutually agreed between the parties hereto that if, at any time after the execution of
this Agreement and the Surety Bond hereto attached for its faithful performance and payment,
the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory
or if, for any reason such bond ceases to be adequate to cover the performance of the work,
Pavement Maintenance Unlimited LLC, shall, at its expense, within 5 days after the receipt
of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and
amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In
such event, no further payment to Pavement Maintenance Unlimited LLC, shall be deemed
to be due under this Agreement until such new or additional security for the faithful perfor-
mance of the work shall be furnished in manner and form satisfactory to the City of
Fayetteville.
8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
9. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas
Freedom of Information Act request is presented to the City of Fayetteville, Pavement
Maintenance Unlimited LLC will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
§25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be
assessed for this compliance.
FY 122118 Drake Field Pavement Section 00500 - 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in three (3) counterparts, each of which shall, without proof or accounting for the
other counterparts be deemed an original. Contract.
SEAL:
H z
ATTEST:
Pavement Maintenance Unlimited, LLC
By,
Title
°CITY OF FAYETTEVILLE.
By
City Clerk Lioneld Jordan, Mayor
FY 122118 Drake Field Pavement Section 00500 -3
CHANGE ORDER
Order No. 1
Date: May 29.2012
Agreement Date: June 19.2012
NAME OF PROJECT: Phase 11, Airfield Pavement Rehabilitation & Striping IAIP Proi. No. 3-05-0020-41-2012?
OWNER: City of Fayetteville (Airport Department
CONTRACTOR: Pavement Maintenance Unlimited. LLC
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Increase the quantity for Bid Item No. 3: from 10,000 SF to 28,000 SF and change the work to include the restriping of the Runway
Threshold, Numbers and Touchdown Markings at the unit price at $0.901SF.
Add cost of $ 16,200.00 to the contract..
2. Increase the quantity for Bid Item No. 5: from 1,500 SF to 8,000 SF and change the work to include the restriping of the concrete
Taxiways 'G' &'E" east of the runway, Taxiway "B" west of the runway and the non -movement striping along the Terminal Apron
including the black outline striping at the unit price at $0.901SF. Add cost of $ 5,860.00 to the contract.
Justification:
1. The Owner has recently had the FAA Certification Inspection and these additional striping items were noted in the inspection
as area the need to be corrected.
CONTRACT PRICE prior to this Change Orders: $ 99.190.00
Increase in Contract Price: $_22.050,00
Revised CONTRACT PRICE Including this Change Order: $_121,240.00
Final Completion Time Prior to This Change Order: 45 Calendar Days
Net Time Change Resulting From This Change Order: 0 Calendar Days
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (deereosed•) by 0 calendar days.
Approvals Required:
To be effective this Order must be approved by the Owner if it changes the scope or objective or the
PROJECT, or as may otherwise be required by the GENERAL CONDITIONS.
Requested by:
Unlimited, LLC Date
Recommended by:
McClelland Consulting Engineers, Inc. Date
Approved by:
City of Fayetteville Date
J:\20121122118- DRAKE PAVEMENT PHASE II ICONSTRUCTION%CHANGE ORDERSCHANGE ORDER 1.DOC Page 1
McCLELLAND 1810 N. College Avenue
CONSl� r�►r�* P.O. Box 1229
ULT �Y�7 • Fayetteville, AR 73703,72702-1229
ENGINEERS,
�1 b 479-443-2377/Fax 479-443-9241
ENGINRINC. www.mcclelland-engrs.com
May 29, 2012
Mr. Ray Boudreaux
Airport Department
City of Fayetteville
4500 S. School Ave., Suite F
Fayetteville, AR 72701
Re: Drake Field Phase II Airfield Pavement Rehab
Fayetteville Executive Airport,
Dear Mr. Boudreaux:
Bids were received on the above referenced project on Thursday May 17, 2012, with three
Contractors submitting bids for this project. One bidder was non -responsive as they did not
acknowledge the Addendum No. 1, which we have conformation that their office received
the faxed copy of the addendum. The low bidder for the Basis of Award for the Total Bid is
Pavement Maintenance Unlimited, LLC of Pass Christian, Mississippi, in the amount of
$99,190.00. A copy of the certified Bid Tabulation is enclosed. The Engineer's estimate of
the Construction Cost was in the amount of $154,900.00. The Bid amount is below the
estimated project construction cost and additional striping work can be added to address
the recently completed FAA Certification Inspection.
We recommend the City accept the low bid submitted by Pavement Maintenance Unlimited,
LLC, for the Base Bid of in the amount of $99,190.00 plus the cost of Change Order No. 1 in
the amount of $22,050.00 for a total project amount of $121,240.00. Our Little Rock Office
has worked with Pavement Maintenance Unlimited, LLC on several occasions and has had
good results with their construction.
If there are any questions regarding the bids or this recommendation, please contact us.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
R. Wayne Jones, P.E.
Vice President/Project Manager
Enclosure: Bid Tabulation
Contract & Change Order No. 1
Engineers Estimate of Project Cost
,:12012\122118 - Drake Pavement Phase II\Correspondence\LTR boudreaux-052912 .doc
Ord Ccn u&in# &Winwca, jne. - " ✓3e t En ineedng §Erm"
t anoao .!`3, uainea1 2009 & 2010 Quad ecipient
CONTRACT
THIS AGREEMENT, made and entered into on the day of June 2012, by and between
Pavement Maintenance Unlimited, LLC, herein called the Contractor, and the City of
Fayetteville:
WITNESSETH:
That Pavement Maintenance Unlimited, LLC, for the consideration hereinafter fully set out,
hereby agrees with the City of Fayetteville as follows:
1. That Pavement Maintenance Unlimited, LLC, shall furnish all the materials, and perform all
of the work in manner and form as provided by the following enumerated Specifications, and
Documents, which are attached hereto and made a part hereof, as if fully contained herein and are
entitled:
Phase II, Airfield Pavement Rehabilitation & Restriping, Fayetteville Executive Airport,
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Specifications
Drawings —3 Sheets
2. That the City of Fayetteville hereby agrees to pay to Pavement Maintenance Unlimited,
LLC for the faithful performance of this Agreement, subject to additions and deductions as
provided in the Specifications or Bid, in lawful money of the United States, the amount of the
bid $99,190 plus Change Order #1 for ($22,050) for a Contract Amount of One
Hundred Twenty One Thousand, Two Hundred Forty Dollars ($121,240.00).
3. The Work will be completed and ready for final payment in accordance with the General
Conditions within 45 days after the date when the Contract Time commences to run, as provided
in the Notice to Proceed.
4. Liquidated Damages: City of Fayetteville and Pavement Maintenance Unlimited, LLC,
recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer
financial loss if the Work is not completed within the times specified above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if
the Work is not completed on time. Accordingly, instead of requiring any such proof, City of
Fayetteville and Pavement Maintenance Unlimited, LLC, agree that as liquidated damages for
delay (but not as a penalty) Pavement Maintenance Unlimited, LLC, shall pay City of
Fayetteville One Hundred Dollars ($100.00) for each day that expires after the time specified
in Paragraph 3 for completion and readiness for final payment.
FY122118 Drake Field Pavement ' Section 00500 - 1
5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall
make partial payments to Pavement Maintenance Unlimited, LLC, on the basis of a duly
certified and approved estimate of work performed during the preceding calendar month by
Pavement Maintenance Unlimited, LLC, LESS the retainage provided in the General
Conditions, which is to be withheld by the City of Fayetteville until all work within a
particular part has been performed strictly in accordance with this Agreement and until such
work has been accepted by the City of Fayetteville.
6. That upon submission by Pavement Maintenance Unlimited, LLC, of evidence satisfactory to
the City of Fayetteville that all payrolls, material bills, and other costs incurred by Pavement
Maintenance Unlimited, LLC, in connection with the construction of the work have been paid
in full, final payment on account of this Agreement shall be made within 60 days after the
completion by Pavement Maintenance Unlimited LLC, of all work covered by this
Agreement and the acceptance of such work by the City of Fayetteville.
7. It is further mutually agreed between the parties hereto that if, at any time after the execution of
this Agreement and the Surety Bond hereto attached for its faithful performance and payment,
the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory
or if, for any reason such bond ceases to be adequate to cover the performance of the work,
Pavement Maintenance Unlimited, LLC, shall, at its expense, within 5 days after the receipt
of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and
amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In
such event, no further payment to Pavement Maintenance Unlimited, LLC, shall be deemed
to be due under this Agreement until such new or additional security for the faithful perfor-
mance of the work shall be furnished in manner and form satisfactory to the City of
Fayetteville.
8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
9. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas
Freedom of Information Act request is presented to the City of Fayetteville, Pavement
Maintenance Unlimited, LLC will do everything possible to provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
§25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be
assessed for this compliance.
FY122118 Drake Field Pavement Section 00500 -2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in three (3) counterparts, each of which shall, without proof or accounting for the
other counterparts be deemed an original Contract.
SEAL:
Pavement Maintenance Unlimited, LLC
WITNESSES:
Title
ATTEST:
CITY OF FAYETTEVILLE
By
City Clerk Lioneld Jordan, Mayor
FY122118 Drake Field Pavement Section 00500 - 3
CHANGE ORDER
Order No. 1
Date: May 29, 2012
Agreement Date: June 192012
NAME OF PROJECT: Phase II, Airfield Pavement Rehabilitation & Striping (AIP Proi. No. 3-O5-0020-41-2012)
OWNER: City of Fayetteville (Airport Department)
CONTRACTOR: Pavement Maintenance Unlimited, LLC
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Increase the quantity for Bid Item No. 3: from 10,000 SF to 28,000 SF and change the work to include the restriping of the Runway
Threshold, Numbers and Touchdown Markings at the unit price at $0.90/SF.
Add cost of $16,200.00 to the contract..
2. Increase the quantity for Bid Item No. 5: from 1,500 SF to 8,000 SF and change the work to include the restriping of the concrete
Taxiways "G" &"E" east of the runway, Taxiway "B" west of the runway and the non -movement striping along the Terminal Apron
including the black outline striping at the unit price at $0.90/SF. Add cost of $ 5,850.00 to the contract.
Justification:
The Owner has recently had the FAA Certification Inspection and these additional striping items were noted in the inspection
as area the need to be corrected.
CONTRACT PRICE prior to this Change Orders: $_99,190.00
Increase in Contract Price: $_22,050.00
Revised CONTRACT PRICE Including this Change Order: $,121,240.00
Final Completion Time Prior to This Change Order: 45 Calendar Days
Net Time Change Resulting From This Change Order: 0 Calendar Days
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (dec d) by 0 calendar days.
Approvals Required:
To be effective this Order must be approved by the Owner if it changes the scope or objective or the
PROJECT, or as may otherwise be required by the GENERAL CONDITIONS.
Requested by:
Pavement Maintenance Unlimited, LLC
Date
Recommended by:
McClelland Consulting Engineers, Inc. Date
Approved by:
City of Fayetteville Date
J:\2012\122118- DRAKE PAVEMENT PHASE WCONSTRUCTIONICHANGE ORDERS\CHANGE ORDER 1.DOC Page 1
Fayetteville Executive Airport, Drake Field
Estimate of Probable Construction Costs
Airfield Pavement Rehabilitation
Project No.: FY112141
Date: March 28, 2012
Prepared by: McClelland Consulting Engineers, Inc.
IllEEMCCL€GLAND
CONsuLTING
€NGIN€€RS, INC.
Item
No.
Description
City.
Unit
Unit Price
Extended
1
Mobilication & Demobilization
1
LS
$5,000.00
$5,000.00
2
Reiuvenation Sealer for Taxiway and Aprons
112,000
SY
$1.10
$123,200.00
3
Taxiway Striping ((Yellow)
5,000
SF
$1.70
$8,500.00
4
Friction Testing, If Required)
1
LS
$6,000.00
$6,000.00
5
Runway Stri in (White)
10000
SF
$1.20
$12,000.00
6
Third Party OCP Insurance, Complete
1.0
LS
$200.00
$200.00
SUBTOTAL
$154,900.00
TOTAL ESTIMATE OF PROBABLE CONSTRUCTION COSTS
Rejuvenation Sealer Areas
Taxiway "B" South
West Aprons
East Apron & Road
Exec. Hangar Area
Engineering Costs
Design Services
Bidding Services
Const. Phase Servib
(12000 SY)
(42000 SY)
(48000 SY)
(9900 SY)
$8,250.00
$2,500.00
es $6,500.00
Total Engineering Costs $17,250.00
TOTAL ESTIMATED PROJECT COSTS
FAA Funding (90%)
Ark. Aeronautics Funding
City of Fayetteville Airport Funding
$154,900.00
$172,150.00
$154,935.00"
$8,607.50
$8,607.50
C:IDocuments and SettingslWayne\Local Settings\Temporary Internet Files\Content.Outlook18B19W19C\Drake Cost Estimate 03-28-2012.xls
AIRFIELD PAVEMENT REHABILITATION and RESTREPING
Fayetteville Executive Airport
City of Fayeltevllle
Revised 5121!2012
MCE Project No. FY122118
Bid No. 12.46
item #
Description
O
Unit
Time Striping, ]nc.
Pavemerd Maintenance
Unllmlted, t.LC
Redstone Cvrntruction
Group
Unit Price
Extended
Unit Price
-Extended
Unit Pilcel Extended
I
Mobilization & Demobilization
1
LS
51.850.00
$1.850.00
$4,500.00
$4.500.00
2
Toxreay Rejuvenation Sealer(Apvrax. 12.000 SY)
I
LS
510.2110.00
519300.00
58 040.00
55,949.99
3
Runwey Maddn Realri in(Approx. Whine 76704 SF
10,000
SF
$1.25
512.500.90
$0.99
59,000.90
Won-Raeponaive
4
Apron R 'uvenalion Sealer (Approx. 100,000 SY)
1
LS
$82.000.00
$72000.00
$72,000.00
5
Texwa Markle Restri cn rox Yellow 1,500 SF
1,500
SF
$125
__$82,000.00
$1,875.00
$0.90
$1,350.00
Addendum#1
6
Apron Taxllane pronn. Yellow 4 000 SFJ__
4.000
5F
51.25
5 vvo.0Q
$0.90
$390003
Not Aoi howled ed
7
Third Party OCP1 Insurance Govsr a Rider Amounl (Non -Eligible)
1
LS
3750.00
4750.00
$700.00
$700.00
i AL 910
$144.175.00
$99190.00
$0.00
Certified:' �%
Waync trs, '.I' . N4S32
d:125t21522119. make Pormiom Phax n¼Ce Irw- ,d-RereladiFV l 22118 Eid The In Page t of ti
• City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Contract Review
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
REVENUE
$ 125,586.00 $ - Pavement Rehab & Re -marking Phase II
Cost of this request Category I Project Budget Program Category / Project Name
5550.0955.6820.41 $ - Airport Capital
Account Number Funds Used to Date Program / Project Category Name
120121 $ - Airport
Project Number Remaining Balance Fund Name
Budgeted Item 0 Budget Adjustment Attached
-2 7 Previous Ordinance or Resolution # 84-12, 128-12
Date
Original Contract Date:
4_-14Original. Contract Number:
Date
Fina ce and Internal ervices Director to
Comments:
06-25-1 2 PO4:54 RCVD
Received in City
Clerk's Office
"71 .
Received in
Mayor's Office
Revised January 15, 2009
ttvi1
e
ARKANSAS®
STAFF REVIEW MEMO - Contract Review
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff
Thru: Terry Gulley, Transportation Director
Thru: Staff/Contract Review Committee
From: Ray M. Boudreaux, Aviation ector
Date: 6/24/12
Subject: FAA Grant Application revision
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 S School Ave, Ste F
Fayetteville. AR 72701
P (479) 718-7642
BACKGROUND: The Airport recently submitted a grant application to the FAA for the Pavement Rehab Phase II project funding.
The City Council approved the grant submission and to receive the funding at their June 19, 2012 meeting, Resolution 128-12.
Subsequently, FAA Project Manager, Paul Burns, P.E., requested a revision to the grant amount, specifically, removing the
contingency item and subtracting a non -eligible item, third -party insurance, from the FAA funded portion of the project cost.
If, due to unforeseen circumstances, an increase in the project cost is required, the Airport still has the option to request an increase in
the FAA grant total up to 15% of the original grant award. Thus, the removal of the 5% contingency item does not present a problem.
Also, after the original grant application items were submitted for City Council approval, the AR Dept of Aeronautics upgraded their
FAA matching grant from 5% to 10%, which increase the project funding from 95% to 100% funded by grant sources. A new Council
item is being processed to recognize the additional State grant revenue that is reimbursed at the end of the project.
In order to move the project forward a revised application must be submitted to the FAA.
RECOMMENDATION: Review and signature of the Mayor.
BUDGET IMPACT: Reduces the originally submitted revenue figure for the FAA grant from $132,527 to 125,589.
Attachments: Revised AIP41 Grant documents
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AIR 72701
OMB Number: 4040-0004
Expiration Date: 03/31/2012
Application for Federal Assistance SF -424
* 1. Type of Submission:
Preapplication
Application
Changed/Corrected Application
` 2. Type of Application: ' If Revision, select appropriate letter(s):
l New
a ° Continuation ' Other (Specify)
jj Revision
• 3. Date Received: 4. Applicant Identifier:
II
5a. Federal Entity Identifier:
• 5b. Federal Award Identifier.
I3-05-0020-41-2012
AR/OK ADO, ASW-030 I
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:
• Slreetl: 113 W Mountain St
Street2:
City: Fayetteville
County: 1Washington
• State: Arkansas
Province:
Country:
USA: UNITED STATES
• Zip / Postal Code: 72701
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: Mr. * First Name:
Middle Name: (N
Ray
* Last Name: Boudreaux
Suffix: I
Title: Aviation Director
Organizational Affiliation:
Airport Manager, Drake Field, KFYV
* Telephone Numbe€: 479-718-7642
I Fax Number: 1479-718-7646
* Email: roudreaux@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 Tile:
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 Phase II
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF -424
16. Congressional Districts Of:
' a. Applicant AR District 3 * b. Program/Project AR District 3
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
a. Start Date: June 2O12 ' b. End Date: August 2012
18. Estimated Funding (S):
a. Federal 125,586
` b. Applicant
c. State 13,954
d. Local
e. Other
"f. Program Income
• g. TOTAL 139,540
19. Is Application Subject to Review By State Under Executive Order 12372 Process?
L a. This application was made available to the State under the Executive Order 12372 Process for review on f
f[ 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 F 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, civic, or administrative penalties. (U.S. Code, Title 218, Section 1001)
Q ** I AGREE
** 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 ' First Name: Lioneld
Middle Name:
` Last Name: I Jordan
Suffix:
'Title: Mayor, City of Fayetteville
Telephone Number: 1479-575-8330 Fax Number: 479-575-8257
* Email: ljordan@ci.fayetteville.ar,us
" Signature of Authorized Representative: ` Date Signed:
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
I•J_1:iill
PROJECT APPROVAL INFORMATION
SECTION A
OMB No. 2120-0569
1/13012007
Item 1.
Does this assistance request require State, local, regional,
Name of Governing Body:
or other priority rating?
Priority:
❑ Yes O No
Item 2.
Does this assistance request require State, or local
Name of Agency or Board:
advisory, educational or health clearances?
(Attach Documentation)
❑ Yes ❑x No
Item 3.
Does this assistance request require clearinghouse review
(Attach Comments)
in accordance with OMB Circular A-95?
X Yes fl No
Item 4.
Does this assistance request require State, local,
Name of Approving Agency:
regional or other planning approval?
Date: 1 f
❑ 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.
Name of Federal Installation:
Will the assistance requested serve a Federal
installation?
Federal Population benefitin from Pro ect:
g I
❑ Yes Q No
Item 7.
Name of Federal Installation:
Will the assistance requested be on Federal land
or installation?
Location of Federal Land:
❑ Yes 0 No
Percent of Project:
Item 8.
Will the assistance requested have an impact or effect on
See instruction for additional information to be
the environment?
provided
Eli Yes ONo
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals:
Families:
individuals, families, businesses, or farms?
❑ 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 antics ed?
MatYes ❑ 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 li - SECTION C
The Sponsor hereby represents and certifies as follows:
I - Compatible Land Use - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the
vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in
the vicinity of Fayetteville 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 €eases, 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 51 00-1 00 (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 landon 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
OMR NO. 2120-ASAO
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
$ 8,000
5. Other Architectural engineering fees
$ 2,500
6. Project inspection fees
$ 7,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project Improvement
$ 121,240
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 140,240
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 140,240
17. Less: Ineligible Exclusions
(700)
18. Add: Contingencies (5%)
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 139,540
20. Federal Share requested of Line 19
$ 125,586
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 125,586
23. Grantee share
$ 13,954
24. Other shares
25. Total Project (Lines 22, 23 & 24)
$
$
$ 139,540
rrvi rorm 5wU-1UU la-Ust bUVt c5lWULZJ r,A r[URM 51UU-1U0 (6-73) Page 4
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.
g.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$ 13,954
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
13,954
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 13,954
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
nun un 1317A_ACAd
PROJECT: RW 34 Approach, Acquire Avigation Easements and Remove Obstructions
AIRPORT: Drake Field, FYV
1. Objective:
Rehabilitate existing asphalt Taxiways and aircraft parking apron area. Project comprises crack sealing, asphalt
rejuvenation sealer, and re -marking of the remainder of the asphalt areas not addressed in the previous AlP
project (3-05-0020-40-2011).
2. Benefits Anticipated:
Will extend the usable life of the pavement. Will restore deteriorated pavement markings.
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:
A portion of Taxiways, aircraft parking aprons, hangar building aprons. 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 51 00-1 00 (6-73)
Page 6
Comments:
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Contract Review
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
Action ttequirea:
Action Required: Mayor's signature on a DOTIFAA grant application to fund 90% the Pavement Rehabilitation and
marking Phase II project.
REVENUE
$ 105,741.00
Cost of this request
5550.0955.6820.41
$ - Pavement Rehab & Re -marking Phase II
Category I Project Budget Program Category I Project Name
$ - Airport Capital
Account Number Funds Used to Date Program I Project Category Name
12012 1 $ - Airport
Project Number
Budgeted Item
Remaining Balance
Budget Adjustment Attached 0
Fund Name
7 —lo -14— Previous Ordinance or Resolution # 84-12, 128-12
Date
Original Contract Date:
^I b� Z Original Contract Number:
Date
`Pc a. 1LL -7- Il-:niz
Finance and Internal Services Director Date Received in City
Clerk's Office
Date EHTE,R
Received in �f
Mayors Office
D to
Revised January 15, 2009 ,
a ettvil1e
ARKANSAS�
STAFF REVIEW MEMO - Contract Review
To: Mayor Lioneld Jordan
Thru: Don Mart, Chief of Staff
Thru: Terry Gulley, Transportation Director
Thru: Staff/Contract Review Committee
From: Ray M. Boudreaux, Aviation irector
Date: 7/10/12
Subject: FAA Grant Application revision
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
45005 School Ave, Ste F
Fayetteville, AR 72701
P (479) 718-7642
BACKGROUND: The Airport recently submitted a grant application to the FAA for the Pavement Rehab Phase II project funding.
The City Council approved the grant submission and to receive the funding at their June 19, 2012 meeting, Resolution 128-12.
Subsequently, FAA Project Manager, Paul Burns, P.E., requested a revision to the grant amount, specifically, removing the
contingency item and subtracting a non -eligible item, third -party insurance, from the FAA funded portion of the project cost.
Following submission of the revised application, the FAA project manager did not accept the included Change Order to the Contract
that increased the scope of the project. He requested an additional revision to the application, limiting the cost to the project scope that
was originally bid.
A revised application is again prepared according to the FAA Rep's requirements. In order to move the project forward the revised
application must be submitted to the FAA.
RECOMMENDATION: Review and signature of the Mayor.
BUDGET IMPACT: Reduces the first revision submitted revenue figure for the FAA grant from $125,589 to 105,741. A revised
Budget Adjustment has been submitted for approval by City Council at their July 17`s, meeting.
Attachments: Revised AIP41 Grant documents
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
OMB Number: 4040-0004
Expiration Date: 03131/2012
Application for Federal Assistance SF -424
1. Type of Submission:
Preapplication
Application
Changed/Corrected Application
" 2. Type of Application: ' It Revision, select appropriate letter(s):
([j New
j j Continuation Other (Specify)
Revision
3. Date Received: 4. Applicant Identifier.
II
Se. Federal Entity tdentifer.
" 5b. Federal Award Identifier:
3-05-0020-41-2012
ARIOK ADO, ASW-630 I
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 (E1NI T1N):
716018462
" c. Organizational DUNS:
134398903
d. Address:
Streetl: 113 W Mountain St
Street2:
City: Fayetteville
County: Washington
State: Arkansas
Province:
Country:
USA: UNITED STATES
" Zip) Postal Code: 72701
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: Mr. • 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: roudreaux@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:
120.106
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 Phase II
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF424
16. Congressional Districts Of:
' a. Applicant AR District 3 ' b. Program/Project AR District
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
a. Start Date: June 2012 ' b. End Date: August 2012
18. Estimated Funding ($):
' a. Federal 105,741
b. Applicant
c. State 11,749
d. Local
• e. Other
f. Program Income
g. TOTAL 117,490
' 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
rxj a. This application was made available to the State under the Executive Order 12372 Process for review on 16/13112
J b. Program is subject to E.O. 12372 but has not been selected by the State for review.
EEl 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 j -x 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)
a ' I AGREE
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 ' 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: ljordan@ci.fayetteville.ar.us
' Signature of Authorized Representative: 7j c.jj' Date Signed:
u
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 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space.
NIA
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
OMB No. 2120-0569
11/3012007
Item 1.
Does this assistance request require State, local, regional,
Name of Governing Body:
or other priority rating?
Priority:
❑ Yes ❑X No
Item 2.
Does this assistance request require State, or local
Name of Agency or Board:
(Attach Documentation)
advisory, educational or health clearances?
❑ Yes Q No
Item 3.
Does this assistance request require clearinghouse review
(Attach Comments)
in accordance with OMB Circular A-95?
X Yes No
Item 4.
Does this assistance request require State, local,
Name of Approving Agency:
regional or other planning approval?
Date: I I
❑ Yes 0 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.
Name of Federal Installation:
Will the assistance requested serve a Federal
Federal Population benefiting from Project:
installation?
❑ Yes Q No
Item 7.
Name of Federal Installation:
Will the assistance requested be on Federal land
Location of Federal Land:
or installation?
❑ Yes ❑X No
Percent of Project:
Item 8.
Will the assistance requested have an impact or effect on
See instruction for additional information to be
the environment?
provided
❑ Yes ❑X No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals:
Families:
individuals, families, businesses, or farms?
Businesses:
❑ Yes [] No
Farms:
Item 10. See instructions for additional information to be
Is there other related Federal assistance on this provided.
project previous, pending, or antic
ated?
] Yes 0 No
5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB MO. 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
c n=DAnT61CNT FIC TIJANCPf QTATIf1N - FFnPRAI AV1ATInN Af UINISTPATIflN
OMB NO. 2120-0569
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No .................................20-1 20-106
2. Functional or Other Breakout .................................................... Airport Improvement Program
SECTION B -CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Totu!
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
$ 8,000
5. Other Architectural engineering fees
$ 2,500
6. Project inspection fees
$ 7,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$ 99,190
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 118,190
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 118,190
17. Less: Ineligible Exclusions
(700)
18. Add: Contingencies (5%)
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 117,490
20. Federal Share requested of Line 19
$ 105,741
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 105,741
23. Grantee share
$ 11,749
24. Other shares
25. Total Project (Lines 22, 23 & 24)
$
$
$ 117,490
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 4
u_S. DEPARTMENT OF TRANSPORTATION - 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.
g.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$ 11,749
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
11,749
28.
Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 11,749
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: RW 34 Approach, Acquire Avigation Easements and Remove Obstructions
AIRPORT: Drake Field, FYV
1. Objective:
Rehabilitate existing asphalt Taxiways and aircraft parking apron area. Project comprises crack sealing, asphalt
rejuvenation sealer, and re -marking of the remainder of the asphalt areas not addressed in the previous AIP
project (3-05-0020-40-2011).
2. Benefits Anticipated:
Will extend the usable life of the pavement. Will restore deteriorated pavement markings.
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:
A portion of Taxiways, aircraft parking aprons, hangar building aprons. 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 FAA FORM 5100-100 (6-73) Page 6
Comments:
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Contract Review
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux Aviation Transportation
Submitted By Division Department
REVENUE
$ 105,741.00 $ 139,889.00 Pavement Rehab & Re -marking Phase 11
Cost of this request Category I Project Budget Program Category/ Project Name
5550.0955.6820.41 $ - Airport Revenue (Grant)
Account Number Funds Used to Date Program 1 Project Category Name
12012 1 $ 139,889.00 Airport
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
' O1Z. Previous Ordinance or Resolution # 84-12, 128-12
Department Dctor Date
Original Contract Date:
Original Contract Number:
1t orney Date
q l Q. _..�(,. __ 7- 3 t- w -
Finance and Internal Services Director Date Received in City
Clerk's Office
9 -31 -
Date a
Received in,
Mayor's Office
ate
Revised January 15, 2009
City Council Meeting of: N/A
Agenda Item Number:
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, Transpi
Ray M. Boudreaux, A
July 30 2012
SUBJECT: Mayor Sign FAA Grant offer for the Pavement Rehabilitation
and Painting Project Phase II at the Airport.
RECOMMENDATION: ENDATION: Mayor Sign the FAA Grant offer attached.
BACKGROUND: The City Council has approved this project. This is the official
FAA Grant Offer to be signed by the Mayor and the City Attorney. Airport Staff
will send the completed documents to the FAA once signed.
BUDGET IMPACT: This is a 90/10 grant funded by the FAA and Arkansas
Aeronautics
Attachments: FAA Grant Offer
Staff Review
• 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701
479.718.7642 •479.718.7646 FAX • www.accessfayetteville.org/government/avlaflon
airport_economicdevelopment@ci.fayettevillaar.us
RESOLUTION NO. 128-12
A RESOLUTION AWARDING BID #12-46 AND AUTHORIZING A
CONTRACT WITH PAVEMENT MAINTENANCE UNLIMITED, LLC FOR
PAVEMENT REHABILITATION AND RE -MARKING AT FAYETTEVILLE
EXECUTIVE AIRPORT -DRAKE FIELD IN THE AMOUNT OF $99,190.00,
APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT IN THE
AMOUNT OF $22,050.00, APPROVING APPLICATION FOR AND
ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION
ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF
AERONAUTICS TO FUND NINETY-FIVE PERCENT (95%) OF THE
PROJECT, APPROVING A PROJECT CONTINGENCY IN THE AMOUNT
OF $7,012.00, AND APPROVING A BUDGET ADJUSTMENT
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 awards Bid
#12-46 and authorizes a contract with Pavement Maintenance Unlimited, LLC for pavement
rehabilitation and re -marking at Fayetteville Executive Airport -Drake Field in the amount of
$99,190.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves
Change Order No. 1 to the contract with Pavement Maintenance Unlimited, LLC in the amount
of $22,050.00.
Section 3. That the City Council of the• City of Fayetteville, Arkansas hereby authorizes
the application for and acceptance of grants from the Federal Aviation Administration and the
Arkansas Department of Aeronautics to fund ninety-five percent (95%) of the project.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency in the amount of $7,012.00.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
RECEVED
JUL 302012
U.S. Department
of Transportation
Federal Aviation
Administration
July 23, 2012
Airports Division
Southwest Region
Arkansas, Louisiana,
New Mexico, Oklahoma,
Texas
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Dear Mayor Jordan:
RECEIVED
JUL26 6 2012
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
2601 Meacham Boulevard
Fort Worth, Texas 76137
We are enclosing the original and one copy of the Grant Offer for Airport Improvement
Program (AIP) Project No. 3-05-0020-041-2012 at Drake Field. 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 August 24, 2012, in order for the grant to be valid.
• We request that you provide a copy of your signature page to us by facsimile
transmission to (817) 222-5987, after acceptance by the governing body and
certification by their attorney.
• We ask that you return the Grant Offer marked "Original" to us by regular mail and
maintain the copy marked "Sponsor Copy" 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 required to make a LOC draw for allowable incurredproject
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
0a
+ 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 Bums, (817) 222-5648, 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,
14
Edward N. Agnew
Manager, Arkansas/Oklahoma Airports
Development Office
Enclosure (2)
cc:
Arkansas Department of Aeronautics
2315 Crisp Drive, Hangar 8
Little Rock, AR 72202
U.S. Department SPONSOR a
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
mJuly 23, 2072
Date of Offer
Drake Field
Airport/Planning Area
3-05-0020-041-2012
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 July 13, 2012, for a grant of
Federal funds for a project at or associated with the Drake Field, which Project Application, as approved by
the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (or Planning Area) (herein called the "Project")
consisting of the following:
Rehabilitate Aprons
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89) 1 of 6
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 (90) 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 $105,741.00. 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:
$105,741.00 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 August 24, 2012, 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. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the CCR until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration and more frequently if required by changes in your information or another award
term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If you are authorized to make subawards under this award, you:
FAA Form 5100-37 (10-89) 2 of 6
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may
receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions
For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide
information required for the conduct of business as a recipient. Additional information about registration
procedures may be found at the CCR Internet site (currently at http://www.cor.cov).
2. Data Universal Numbering System
DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to
uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-
705-5711) or the Internet (currently at httpJ/fedgov.dnb.com/webform).
3. Entity, as it is used in this award term, means ail of the following, as defined at 2 CFR Part 25, Subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award to an
eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the project or
program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States,
Local Governments, and Non -Profit Organizations"). A subaward may be provided through any legal
agreement, including an agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
C. A subaward may be provided through any legal agreement, including an agreement that you consider a
contract.
10. 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.
11. INFORMAL LETTER AMENDMENT OF AIP PROJECTS: It is mutually understood and agreed that if, during the
life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation
of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely,
if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and
will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the
project, the FAA determines that a change in the grant description is advantageous and in the best interests of the
United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance
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.
12. 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
FAA Form 5100-37 (10-89) 3 of 6.
with this requirement may result in suspension, cancellation, or termination of Federal assistance under this
agreement.
13. 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.
14. 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
grant. The Sponsor will include in every contract a provision implementing this special condition.
15. MAXIMUM OBLIGATION INCREASE FOR NON PRIMARY 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;
FAA Form 5100-37 (10-89) 4 of 6
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)
�J4 Edward N. Agnew
(Typed Name)
Manger, Arkansas/Oklahoma Airports
Development Office
.............-_.....--________.......................
(Title)
FAA Form 5100-37 (10-89) 5 of 6
PARTII- ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the
terms and conditions in this Offer and in the Project Application.
Executed this day of OAA1�tLtt , 2012.
City of Fayetteville
,��A�nrrrtrr,
'\1'' 0 • �� ��i
(SEAL) ' FAYETTEVILLE:
.')4S.kASP. 3
LNG T . *
Attest: 7)thu(4.1 c:::. cd)
+]dndrL L. c& n t
(Signature pf Sg 6sor's Designated Official
By:
(Typed Name of Sponsor's Designated Official
Representative)
Title:
(Typed Title of Sp nsor's Designated Official
Representative)
1 . , / CERTIFICATE OF SPONSOR'S ATTORNEY
1, I. (( acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of
the State of Arkansas. Further, I have examined the foregoing Grant Agreement and the actions taken by
said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is
in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for
grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation
ligation of the Sponsor in accordance with the terms thereof.
1J
Dated at tYJlG this 11 day of 2012.
I It
ll _n
of Sponsor's
FAA Form 5100-37 (10-89) 6 of 6
OMB Number: 4040-0004
Expiration Date: 0313112012
Application for Federal Assistance SF -424
1. Type of Submission:
preapplication
Application
Changed/Corrected Application
* 2. Type of Application: * If Revision, select appropriate letter(s):
>c New
Continuation * Other (Specify)
Revision
'3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
* 5b. Federal Award Identifier:
3-05-0020-4`I-2012
[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. EmployerfTaxpayer Identification Number (EINITIN):
716018462
• c. Organizational DUNS:
134398903
d. Address:
* Streets: 113W Mountain St
Street2:
* City: Fayetteville
County: Washington
* State: Arkansas
Province:
* Country:
USA: UNITED STATES
* Zip I 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: Mr. * First Name:
Middle Name: M
Ray
* Last Name: Boudreaux
Suffix:
Title: Aviation Director
Organizational Affiliation:
Airport Manager, Drake Field, KFYV
Telephone Number: 1419-118-7642
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:
The:
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 Phase II
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF -424
16. Congressional Districts Of:
* a. Applicant AR District 3 ' b. Program/Project AR District 3
Attach an additional list of Program/Project Congressional Districts if needed.
IT. Proposed Project:
*a Start Date: June 2012 * b. End Date: August 2412
18. Estimated Funding ($):
* a. Federal 105,741
* b. Applicant
* c. State 11,749
* d. Local
*e. Other
* f. Program Income
* g. TOTAL 117,490
* 19. •Is Application Subject to Review By State Under Executive Order 12372 Process?
L a. This application was made available to the State under the Executive Order 12372 Process for review on 6113112 .
El b. Program is subject to E.O. 12372 but has not been selected by the State for review.
El 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 F 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)
IZI**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 * First Name: Lioneld
Middle Name:
* Last Name: Jordan
Suffix:
` Title: Mayor, City of Fayetteville
• Telephone Number: 479_575-8330 Fax Number: 479575-8257
Email: Ijordan@cl.fayetteville.ar.us
Signature of Authorized Representative: * Date Signed:
u
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 2120-0569
/113012007
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local, regional,
Name of Governing Body:
or other priority rating?
Priority:
❑ Yes O No
Item 2.
Name of Agency or Board:
Does this assistance request require State, or local
(Attach Documentation)
advisory, educational or health clearances?
❑Yes ONo
Item 3.
Does this assistance request require clearinghouse review
(Attach Comments)
in accordance with OMB Circular A-95?
X Yes n No
Item 4.
Does this assistance request require State, local,
Name of Approving Agency:
regional or other planning approval?
Date: I I
❑ 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.
Name of Federal Installation:
Will the assistance requested serve a Federal
Federal Population benefiting from Project:
installation?
❑ Yes ❑X No
Item 7.
Name of Federal Installation:
Will the assistance requested be on Federal land
Location of Federal Land:
or installation?
❑ Yes ❑X No
Percent of Project:
Item 8.
Will the assistance requested have an impact or effect on
See instruction for additional information to be
provided
the environment?
❑ Yes 0 No
Item 9.
Number of:
Will the assistance requested cause the displacement of
Individuals:
Families:
individuals, families, businesses, or farms?
❑ Yes ❑X No
Businesses:
Farms:
Item 10.
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or antic ated?
provided.
Yes ❑X No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03)
Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMs 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 o€ 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
I ¢ naDAPTPAFNT fl F TRANCPflPTAT171N . FFfr PAI AVIATICIN AfMINIS1RAT1f1N
OMB NO. 2120-0569
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
20-106
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
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
$ 8,000
5. Other Architectural engineering fees
$ 2,500
6. Project inspection fees
$ 7,500
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$ 99,190
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 118,190
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 118,190
17. Less: Ineligible Exclusions
(700)
18. Add: Contingencies (5%)
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 117,490
20. Federal Share requested of Line 19
$ 105,741
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 105,741
23. Grantee share
$ ,11,749
24. Other shares
25. Total Project (Lines 22, 23 & 24)
$
$
$ 117,490
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-13) - Page 4
nCnA OY1ALIJT 11C TDAIJQDnOTATIn\I .. CC nLDAI AVIATInM anMLMICTP TIA J OMB NO. 2120-0569
SECTION C - EXCLUSIONS
Classification
Ineligible for
Participation
1
Excluded From
Contingency Provision
(2)
a.
$
$
b.
C.
d.
e.
f.
g.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$ 11,749
a. Securities
b. Mort a es
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
11,749
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 11,749
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)
nFPAPTMFNT fl F TPANSPORTATinN - PPnPRAI AVIATION AnMINISTRATIDN
0MB NO. 2120-0569
PROJECT: RW 34 Approach, Acquire Avigation Easements and Remove Obstructions
AIRPORT: Drake Field, FYV
1. Objective:
Rehabilitate existing asphalt Taxiways and aircraft parking apron area. Project comprises crack sealing, asphalt
rejuvenation sealer, and re -marking of the remainder of the asphalt areas not addressed in the previous ALP
project (3-05-0020-40-2011).
2. Benefits Anticipated:
Will extend the usable life of the pavement. Will restore deteriorated pavement markings.
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:
A portion of Taxiways, aircraft parking aprons, hangar building aprons. 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 FAA FORM 5100-100 (6-73) Page 6
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 I 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 (412012)
1 of17
1, General Federal Requirements. Itil�id lrequireashey
comply with all lments dicable lrelate
regulations, executive orders, policies , g ines and
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), �g
c. Federal Fair Labor Standards Act - 29 U.S.C. 201,
d. Hatch Act — 5 U.S.C. 1501, et se ? p Acquisition Policies
e. Uniform Relocation Assistance and Real Property
Act of 1970 Title 42 U.S.C. 4601,f.
National Historic Preservation Act of 1966 - Section 106 -16 U.S.C.
470(f).
g. Archeological�and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
seq.
i. Clean Air Act, P.L. 90-148, as amended.P.L.-205, as amended.
j. Coastal Zone Management Act,42 U.S.C. 4012a.�
k. Flood Disaster Protection Act of 1973 - Section 102(a) =
1. Title 49, U.S.C., Section
303, (formerl
9 U.S.C. known94 as Section 4(f))
M. Rehabilitation Act of 7-
n. Civil Rights Act of 1964 - Title
- VI
-42 U.S.C. U.S.C.
2000dthroughd-4.
o. Age Discrimination Act f 11
01, �LcJ.
p. American Indian, Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151,
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C.
83731
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se .
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 19699 s amended.42 .S.. 4321,
v. Wild and Scenic Rivers Act, P.L. 90-542,
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et Se ?
x. Drug -Free Workplace Act of 1988-4! U.S.C. 702 through 706.
Executive Orders
i
Executive Order 11246 - Equal Employment Opportunity
Executive Order 11990 - — Protection
Flood Plain Management
a
ands
Executive Order 11998F
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
2of17
Airport Sponsor Assurances (412012)
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16- Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part I - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or 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
i These laws do not apply to airport planning sponsors.
Airport Sponsor Assurances (4/2012) 3 of 17
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 (412012) 4 of 17
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. Sponsors of commercial service airports 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. Sponsors of
general aviation airports entering into any arrangement that results in
Airport Sponsor Assurances (4/2012) 5 of 17
permission for the owner of residential real property adjacent to or near
the airport must comply with the requirements of Sec. 136 of Public Law
112-95 and the sponsor assurances.
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
Airport Sponsor Assurances (412012) 6 of 17
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of 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 Vietnam
era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled
veterans, and small business concerns owned and controlled by 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
Airport Sponsor Assurances (412012) 7 of 17
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into
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.
£ 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
Airport Sponsor Assurances (412012) 8 of 17
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for -
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
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
Airport Sponsor Assurances (412012) 9 of 17
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
e) 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.
Airport Sponsor Assurances (412012) 10 of 17
For purposes of this paragraph, the providing of the services at an airport by a
single fixed -based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. [twill 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. The following exceptions apply to this paragraph:
1) 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 Sponsor Assurances (4/2012) 11 of 17
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.
2) If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20 -year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at Section 47102 of title 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law 112-95.
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,
Airport Sponsor Assurances (412012) 12 of 17
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 —
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
Airport Sponsor Assurances (4/2012) 13 of 17
and roads), including all proposed extensions and reductions of existing
airport facilities; (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon; and (4) all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. 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 except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
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,
including land serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another
Airport Sponsor Assurances (412012) 14 of 17
project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
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 or transferred to another eligible
airport as prescribed by the Secretary. The Secretary shall give preference
to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund.
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 (4/2012) 15 of 17
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 (4/2012) 16 of 17
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 -
I) 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 I or August l 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 (4/2012) 17 of 17
FAA
• Airports
��NiS ILP,
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 1/25/2012
View the most current versions of these ACs and any associated changes at:
http://www.faa.Qov/airports/resources/advisory circulars
70/7460-1 K Obstruction Marking and Lighting
150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airports Surface Movement Sensors
1 150/5020-1 1 Noise Control and Compatibility Planning for Airports
15015070-6B I Airport Master Plans
Change 1
150/5070-7 The Airport System Planning Process
150/5100-13B Development of State Standards for Non Primary Airports
115015200-28D f Notices to Airmen (NOTAMS) for Airport Operators
15015200-30C Airport Winter Safety and Operations
15015200-33B Hazardous Wildlife Attractants On or Near Airports
I 15015210-5D I Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-1 3C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-1 5A Airport Rescue & Firefighting Station Building Design
15015210-18A Systems for Interactive Training of Airport Personnel
FAA Advisory Circulars Required for Use in Updated 1/25/2012 Page 1 of 5
AIP Funded and PFC Approved Projects ARP
150/5210-19A I Driver's Enhanced Vision System (DEVS)
150/5220-10E Guide Specification for Aircraft Rescue and Firefighting Vehicles
150/5220-16D Automated Weather Observing Systems for Non -Federal Applications
150/5220-17B Aircraft Rescue and Firefighting (ARFF) Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20 Airport Snow and Ice Control Equipment
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
150/5300-7B
FAA Policy on Facility Relocations Occasioned by Airport Improvements or
Changes
150/5300-13
Changes 1 -18
Airport Design
150/5300-14B
Design of Aircraft Deicing Facilities
150/5300-16A
General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
15015300-17C
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition and Submission to the National Geodetic Survey
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C
Surface Drainage Design
Change 1
150/5320-6E
Airport Pavement Design and Evaluation
15015320-12C
Measurement, Construction, and Maintenance of Skid Resistant Airport
Change 8
Pavement Surfaces
150/5320-15A
Management of Airport Industrial Waste
FAA Advisory Circulars Required for Use in Updated 1/25/2012 rage 20? b
AIP Funded and PFC Approved Projects ARP
15015325-4B Runway Length Requirements for Airport Design
15015335-5B Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1K Standards for Airport Markings
15015340-5C Segmented Circle Airport Marker System
1 50/5340-18F Standards for Airport Sign Systems
15015340-30F Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L821 Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
15015345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
15015345-10G Specification for Constant Current Regulators Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacon
150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
15015345-26D Specification for L823 Plug and Receptacle, Cable Connectors
15015345-27D Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator (PAPI) Systems
150/5345-39D FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
15015345-43F
Specification for Obstruction Lighting Equipment
15015345-44J
Specification for Taxiway and Runway Signs
15015345-45C
Low -Impact Resistant (LIR) Structures
15015345-46D
Specification for Runway and Taxiway Light Fixtures
15015345-47C
Specifications for Series to Series Isolation Transformers for Airport Lighting
System
15015345-49C
Specification L854, Radio Control Equipment
FAA Advisory Circulars Required for Use in Updated 1/2512012 Page 3 of 5
ALP Funded and PFC Approved Projects ARP
15015345-50B
Specification for Portable Runway and Taxiway Lights
150/5345-51 B
Specification for Discharge -Type Flasher Equipment
15015345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-54B
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
150/5345-56B
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-9
Planning and Design of Airport Terminal Facilities at Non -Hub Locations
150/5360-12E
Airport Signing and Graphics
150/5360-13
Change 1
Planning and Design Guidance for Airport Terminal Facilities
150/5360-14
Access to Airports By Individuals With Disabilities
15015370-2F
Operational Safety on Airports During Construction
15015370-10F
Standards for Specifying Construction of Airports
15015370-11 B
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
15015380-6B
Guidelines and Procedures for Maintenance of Airport Pavements
15015390-2B
Heliport Design
15015395-1
Seaplane Bases
FAA Advisory Circulars Required for Use in Updated 1/25/2012 Page 4 of 5
AIP Funded and PFC Approved Projects ARP
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED: 1/25/2012
15015100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 - 6 Assisted Projects
150/5200-37 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
Changes 1 - 4
15015370-12A Quality Control of Construction for Airport Grant Projects
150/5370-13A I Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt
150!5380-7A I Airport Pavement Management Program
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 1/25/2012
FAA Advisory Circulars Required for Use in Updated 1125/2012 Page 5 of 5
AIP Funded and PFC Approved Projects ARP
• City of Fayetteville Staff Review Form 40
City Council Agenda Items
and
Contracts, Leases or Agreements
NA
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux
Submitted By
Aviation
Division
Transportation
Department
#coon Kequirea:
tion Required:
Signature of Mayor on a Grant Application to Arkansas Department of Aeronautics (10% of project cost), as
thorized by Resolution Nos. 128-12, 6/19/12 and 153-12, 817112.
$11,648
Grant Revenue
5550.0955.6803.00_
Account Number
12012 1
Project Number
Budgeted Item X
- c r L
Finance and Internal Services Director
$ 117,490.00
Category I Project Budget
$ 11,321.00
Funds Used to Date
$ 106,169.00
Remaining Balance
Budget Adjustment Attached
Pavement Rehab & Re -marking Phase I1
Program Category I Project Name
D810 Aviation
Program / Project Category Name
Airport
Fund Name
84-12.128-12
Previous Ordinance or Resolution # 153-12, 185-12
Date
Original Contract Date:
9" /T- /.2_. Original Contract Number:
Date
lo-
Date ReceivedinCity3?^I2P02:0D RCVD
Clerk's Office
Date ED,
Received in 2�(
/� qQ Mayor's Office
04�
Dat
:omments: Grant application to AR Dept Aeronautics is submitted at project completion
Revised January 15, 20
a ettvil1e
ARKANSAS
• •HE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 S School Ave, Ste F
Fayetteville, AR 72701
P (479) 718-7642
STAFF REVIEW MEMO -- Contract Review
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff
Thru: Terry Gully, Transportation Director I�'d
Thru: Staff/Contract Review Committee
From: Ray M. Boudreaux, Aviation erector
Date: 10/18/12
Subject: Arkansas Department of Aeronautics matching grant — AIP41
PROPOSAL: This is a revised Grant Application for 10% matching funds for the 90% FAA- funded project to
rehabilitate asphalt pavements (phase II), at Drake Field. Application and acceptance of the grant funding was
approved by the Fayetteville City Council, Res 128-12, 6/19/12 originally as a 5% match, and then modified
with Res 153-12 through a budget adjustment to increase the match to 10%.
The Arkansas Department of Aeronautics requires that the application be submitted at the conclusion of the
project so that the exact amount of the match funding is submitted on the application, avoiding duplicate
submissions due to change orders and/or differences in bid -estimated to actual unit cost quantities.
RECOMMENDATION: Signature of the Mayor is requested.
BUDGET IMPACT: Will provide revenue in the amount of $11,648 which is 10% of the total project cost.
90% of the project cost was paid with a grant from FAA.
Attachments: Staff Review Form
Res 128-12
Res 153-12
Budget Adjustment from Res 153-12
Grant Application -- AR Dept Aeronautics
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
•
RESOLUTION NO. 128-12
A RESOLUTION AWARDING BID #12-46 AND AUTHORIZING A
CONTRACT WITH PAVEMENT MAINTENANCE UNLIMITED, LLC FOR
PAVEMENT REHABILITATION AND RE -MARKING AT FAYETTEVILLE
EXECUTIVE AIRPORT -DRAKE FIELD IN THE AMOUNT OF $99,190.00,
APPROVING CHANGE ORDER NO. I TO THE CONTRACT IN THE
AMOUNT OF $22,050.00, APPROVING APPLICATION FOR AND
ACCEPTANCE OF GRANTS FROM THE FEDERAL AVIATION
ADMINISTRATION AND THE ARKANSAS DEPARTMENT OF
AERONAUTICS TO FUND NINETY-FIVE PERCENT (95%) OF THE
.PROJECT, APPROVING A PROJECT CONTINGENCY IN THE AMOUNT
OF $7,012.00, AND APPROVING A BUDGET ADJUSTMENT
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 awards Bid
#12-46 and authorizes a contract with Pavement Maintenance Unlimited, LLC for pavement
rehabilitation and re -marking at Fayetteville Executive Airport -Drake Field in the amount of
$99,190.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves
Change Order No. i to the contract with Pavement Maintenance Unlimited, LLC in the amount
of $22,050.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the application for and acceptance of grants from the Federal Aviation Administration and the
Arkansas Department of Aeronautics to fund ninety-five percent (95%) of the project.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency in the amount of $7,012.00.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
• •
PASSED and APPROVED this 19th day of June, 2012.
II99l7I 1!I
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE :
' i -
i
RESOLUTION NO. 153-12
A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO A CONTRACT
WITH PAVEMENT MAINTENANCE UNLIMITED, LLC REDUCING THE
CONTRACT BY $22,050.00 FOR THE PAVEMENT REHAB & RE-
MARKING PHASE II PROJECT AT DRAKE FIELD, AND APPROVING A
BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the City Council of the City of Fayetteville, Arkansas hereby approving
Change Order No. 2 to a contract with Pavement Maintenance Unlimited, LLC reducing the
contract by $22,050.00 for the Pavement Rehab & Re -marking Phase II project at Drake Field.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 7th day of August, 2012.
APPROVED:
ATTEST:
By: �ltI4sv 4n
SONDRA E. SMITH, City Clerk/Treasurer
Ir1r1 rift,,,
/ .•Y
:FAYETTEVILLE: "_s
• City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Division: Aviation 1Request Date
2012 Department: Transportation Services
8/7/2012
V11.0415'
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION I JUSTIFICATION
To make necessary changes to the Pavement Rehab Phase II project budget. 1. Reduces the FAA grant revenue in
accordance with changes requested by the FAA project manager. 2. Increases the expected Arkansas Department
of Aeronautics (ADA) grant revenue from 5% to 1011/6 in accordance with recent revisions to the ADA grant program
for FAA grant matching. 3. Decreases the project expense to eliminate the 5% contingency line item and Change
Order #1 per FAA request. 4. Increases the amount to be restored to the Airport's Use of Fund Balance account that
was used for design and engineering costs during project formulation.
/ .
777 -.-'.
budget Director Date
DepartifientOirect�r Date
Finance Director V . Date
• Prepared By:
Reference:
James Nicholson 1
� J /rdct�olson
AIP 41 (J
Budget & Research Use Only
Type: A • B C D E P.
General Ledger. Date V V V
7•;/l —/ Posted to General Ledger V V V
Chief ff Date Initial Date.
- C
O 2.: Checked ! Verified
Mayor Date Initial Date'
TOTAL BUDGET ADJUSTMENT (29,O62) (29,062)
Increase !(Decrease) Projedt.Sub
Account Name Account Number Expense. Revenue Number'
Use of fund balance : 5550.09554999.99: (6,663)
State grants on Fed prof: 5550.09556803.00 4,387 12012 1
Pavement Rehab &'Re -Marking Phase il . 5550.0955.6820.41 (26,786) . 12012 1
- Pavement Rehab & Re-Marking�ase )!-_-_-.-- 5550:3961 7820;41__.._....___._.--_.(29 6—.--.- 12012 : 1 -_--
JMames120121BUDGETcBudget Adjustrnents1BAForm_2012_PaveRetiabll REVISED2 FAAgr5nt
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 S School Ave, Ste F
e
Fayetteville, AR 72701
P (479) 718-7642
October 18, 2012
Mr. John Knight, Director
Arkansas Department of Aeronautics
One Airport Drive, 3rd Floor
Little Rock, Arkansas 72202
RE: GRANT APPLICATION — DOT/FAA AIP 41, Pavement Rehabilitation and Re -marking, Phase 1I
Dear Mr. Knight;
Enclosed please find two (2) copies of a grant application to Arkansas Department of Aeronautics for 90/10% match funding on a
project to rehabilitate and re -mark taxiway and aircraft parking apron pavements.
Fayetteville Municipal Airport requests funding in the amount of $11,648, 10% of the total project cost of $116,476.
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 November 2012. Following Aeronautics Commission approval, a request for
disbursement of the 10% match will be submitted without delay.
Thank you for your consideration.
Sincerely,
Ray M. Boudreaux, Director
RB:jn
Enclosures:\ 1 \
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/may 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: 10/18/12
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 Phase 11 to include:
application of rejuvenation sealer and re -marking of sections of Taxiways and aircraft
parking aprons that were not included in the previous_pavement rehab project, (AIP40).
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: 3-05-0020-0041-12
♦ 90-10% Match
O 95-5-5% Match
Total Cost of Project: 116,476.00
Federal Share: 104,828.00
State Share: 11,648.00
Local Share: -0-
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 90%, AR Dept of Aeronautics 10%
Source of In -Kind Services:
Estimated starting date of project: June 2012
Estimated completion date of project: Sept 2012
Project will be for: New Airport X Existing Airport
Is land to be leased or purchased? No
Description of land and cost per acre:
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0041-12
State Legislators for your area:
State Senator: Sue Madison, District 7
State Representative: Uvalde Lindsey, District 88
0 ..
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 rant funds are contingent upon the Department's annual
appypriation.
IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly
executed in its name, this Q ' day of , 2012.
Ci of Fa ette e
ame o Sponsor
A orized Signature
Lioneld Jordan. Mayor
Title
J -I - II
S
•
APPLYING FOR PAYMENT OF APPROVED GRANT FUNDS
After your grant has been approved and you 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 youipavment 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 1-501-376-6781. Ask for John Knight.
. •
State Airport Aid Application Instruction Page
The following instructions are provided to assist in applying for State Airport Aid funds.
A cover letter is required from the sponsor. The letter should explain the need for the
airport project in your community and the effect improvements will have on economic
growth in your area of the state. A preliminary set of plans, specifications, and cost
estimates must accompany the application as well as bid results if bid quotes are required.
A Construction Quantities and Cost Sheet is included in the application for this purpose.
A Daily Report Sheet is also included in the application for In -Kind Services reporting.
This report sheet must be filled out for each day of In -Kind Services billed to the project.
Two complete copies are to be mailed to the Arkansas Department of Aeronautics, 2315
Crisp Drive — Hangar #8, Little Rock, AR. 72202.
Applications are accepted each working day of the month. Applications received after
the last day of each month will be considered the next funding cycle. Applications will
be reviewed during a 30 -day waiting period after receipt by the Department. (Example:
Applications received after the last working day of January will be acted on at the March
meeting of the Commission.) Applications may be sent by FAX with hard copy to follow
by mail. (FAX number is 501-378-0820)
Upon receipt of your application, you will be contacted by our office for an on -site
review of the project. You will be notified by mail of the date, time, and place of the
meeting in which your request will be brought before the Aeronautics Commission. You
are encouraged to attend the meeting to address questions concerning your proposal. You
will be notified by mail of the results of your request by the Aeronautics Commission.
Upon approval of a State Airport Aid grant, funds may be disbursed upon request when
one-half of the total project (50%) is completed and documented (Partial Payment).
Upon 100% completion of the project, a letter requesting final payment, submission of
proper documentation, and inspection of the project, the remainder of state funds will be
disbursed.
If you have any questions concerning the grant process or grant accounting
procedures, please feel free to contact our office at (501) 376-67.81
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Fayetteville Executive Airport, Drake Field
Estimate of Probable Construction Costs
Airfield Pavement Rehabilitation
Project No.: FY112141
Date: March 28, 2012
Prepared by: McClelland Consulting Engineers, Inc.
MGCLELLAND
NEFCONSULTiNG
ENGINEERS, INC.
Item
No.
Description
city.
Unit
Unit Price
Extended
1
Mobiiication & Demobilization
1
LS
$5000.00
$5,000.00
2
Rejuvenation Sealer orTaxiway and Aprons
112,000
SY
$1.10
$123200.00
3
Taxiway Striping Yellow
5,000
SF
$1.70
$8,500.00
4
Friction Testis (if Required)
1
LS
$6000.00
$6,000.00
5
Runway Striping hits
10000
SF
$1.20
$12,000.00
6
Third Party (OCP) Insurance, Complete
1.0
LS
$200.00
$200.00
SUBTOTAL
$154,900.00
TOTAL ESTIMATE OF PROBABLE CONSTRUCTION COSTS $154,900.00
Rejuvenation Sealer Areas
Taxiway'BSouth
(12000 SY)
West Aprons
(42000 SY)
East Apron & Road
(48000 SY)
Exec. Hangar Area
(9900 SY)
Engineering Costs
Design Services
$8,250.00
Bidding Services
$2,500.00
Const. Phase Services $6.500.00
Total Engineering Costs $17,250.00
TOTAL ESTIMATED PROJECT COSTS $172,150.00
FAA Funding (90%) $154,935.00
Ark. Aeronautics Funding $8,607.50
City of Fayetteville Airport Funding $8,607.50
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11. " STATUS OF FUNDS
'Standard Form 271
OUTLAY REPORTAND REQUEST FOR REIMBURSEMENT
APPROVED BY OMB, No. 80-RO181
PAGE 1
OF 1 Pages'
1. TYPE OF REQUEST
2. BASIS OF REQUEST
FORrCONSTRUCTION PROGRAMS
(SeeInstructions on back)
® FINAL II PARTIAL
D CASH EJ ACCRUAL
5. PARTIALPAYMENTREOUESTNO.
a. FEDERAL SPONSORING AGENCY AHD ORGANIZATION ELEMENT TO
4. FEDERAL GRANTOR OTHER IDENTIFYING
-
WHICH THIS REPORT IS SUBMITTED . '
NUMBER ASSIGNED BY FEDERAL AGENCY
2
Federal Aviation Administration
3-05-0020-0041-12
6. EMPLOYER IDENTIFICATION NUMBER
7_ RECIPIENT ACCOUNT OR OTHER
B. PERIOD COVERED BY THIS REPORT
•`
IDENTIFYING NUMBER
FROM (Month.day,year)
TO (Monih.day,year)
71-6018462
DUNS 134398903
May 27, 2012
September 29, 2012
':9. RECIPIENT ORGANIZATION
10. PAYEE (Where check should be sent H different than Item 9)
Name: CITY OF FAYETTEVILLE
••
Name:
DELPHI INVOICE Proj# 05002041
FAYErrEVILLE EXECUTIVE AIRPORT I DRAKE FIELD
No. and Street:
i4500 S. SCHOOL AVE, SUITE F
No. and Street:
City, State, and i FAYETTEVILLE AR 72701
City, State, and
zip Coae',' �
2!p Cade
CLASSIFICATION
(a) Grant Breakdown.
Pail Ill - Budget
b) Total of Previous,
(c) Current Request
Cumulative Total
Ire ; �
Information Amounts ::
Requests
t�w` ,..
'a.'Admiistrative'epense
$ 1,000.00
$ 912.50
$ 9)2.50
!b. Preliminary expense •"' ' ~
-
-
c. Land,`structures right:`of way:: 'x`
-
-
'd. Architectural engineering basic fees
$ 000.00
8,000.00
8,000.00
e. Other architectural engineering tee
2,500.00
2,500.00
2,500.00
#1. Project inspectionfees ?
7,500.00
-
7,303.50
7,303.50
Land developmenC
-
-
h.°Relocation expense':
-
-
;i. Relocation payments to individuals and business
-
-
1 : Demolition and removal
-
'k- Construction and projecttinprovement Cost
98 490.00
-
97,760.10
97 760.10
I. Equipment;;,
-
-
!m: Miscellaneous Cost = ""
-
-
Gn-'Total'cumulativeto date(sumof'lines a thru m):.
117 490.00
11,412.50
105,063.60
116 476.10
lo,'Deductions for program income v
-
ip_ Net cumulative'to date (tine'n'mnus of
117 490.00
11,412.50
105,063.60
116 476.10
A. Federal share (Grant Ainount) j.::
10S 741.00
10,271.25
94,557.24
104 828.00
r. Rehabilitation grants (100% reuriburs`eement)
-
4s. Total Federal Share sum Hof Iines`�p'and r) ",
i 105 741.00
10,271.25
94,557.24
104 828.49
;t- Fedora! payments previously requested
10,271.00
0.25
10 271.25
u. Amountrequested for: reimbursement
$ -
$ 94 557.00
94 557.00
v. Percentage of physical completion of project
9.7%
90.3%
100.0%
x12. CERTIFICATION x
SIGNAT OF AUTHORIZED CERTIFYING OFFICAL -
DATE REPORT
a. RECIPIENT
. ,.._ — - -................
TYPE OR PRINT NAME AND TITLE
TELEPHO E (Area code
'
_
r.:. .. .
, . "--------------
Ray M. Boudreaux,
number and extension)
_
I certify that to the best of my knowledge and
belief the billed costs or disbursements are in
Director Aviation &ECo Dev
479-718-7642
SIGNATURE OF AUTHORIZED CERTIFYING OFFICAL
DATE REPORT
accordance with the terms of the project and that
the reimbursement represents the Federal share
B. REPRESENTATIVE
SUBMITTED
due which has not been previously requested
CERTIFYING TO LINE 11V.
.. - - -
- -,Q_,6 —.1z--
and that an inspect ,
TYPE'A P T NAME AND TITLE
TELEPHONE (Area code,
JamT iclloison
number and extension)
Air Financial Coordinator
479-718-7642