HomeMy WebLinkAbout132-14 RESOLUTIONRESOLUTION NO. 132-14
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A FEDERAL
AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $32,445.00
TO BE USED FOR THE DRAKE FIELD TERMINAL APRON
REHABILITATION PROJECT; TO AUTHORIZE THE APPLICATION FOR
AND ACCEPTANCE OF A GRANT FOR THE REMAINING PROJECT
BALANCE FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS
AT THE CONCLUSION OF THE PROJECT; AND TO APPROVE 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 authorizes
acceptance of a Federal Aviation Administration grant in the amount of $32,445.00 to be used
for the Drake Field Terminal Apron Rehabilitation Project and also authorizes the application for
and acceptance of a grant for the remaining project balance, which is expected to be $3,605.00,
from the Arkansas Department of Aeronautics at the conclusion of the project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A," recognizing the revenue.
PASSED and APPROVED this 15'h day of July, 2014.
APPROVED:
ATTEST:
By: A':5. n?. &
SONDRA E. SMITH, City Clerk/Treasurer
.G
FAYETTEVILLE
i����` `O' j1,,``���
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Aviation Adjustment Number
2014 Dept.: Transportation Services
Requestor: James Nicholson
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
To recognize grant revenue from the DOT/FAA and the Arkansas Department of Aeronautics for 90% and 10%
respectively, reimbursement of project costs associated with the design and bidding phase of the Terminal Apron
EXHIBIT
RESOLUTION/ORDINANCE
COUNCIL DATE: 7/15/2014
LEGISTAR FILE ID#: 2014-0304
B a-rL,ara, Fe ui
71712014 10:5.1 AM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub
v.20140619
AT Account Name
5550.0955.4999.99
- (36,050)
RE Use of Fund Balance
5550.0955.6803.00
5550.0955.6820.42
- 3,605
- 32,445
14014 1
14014 1
RE State Grants on Federal Projects
RE **N/A
C:\Users\kspringer.CITY\AppData\Roaming\L5\Temp\bfe72a83-f3cf-445b-b7a0-52655d4b22b7.xlsm
1 of 1
James Nicholson
Submitted By
City of Fayetteville Staff Review Form
2014-0304
L.egistar File ID
7/15/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/3/2014 Aviation /
Transportation Services Department
Submitted Date Division / Department
Action Recommendation:
A Resolution to: a) accept and signature of the Mayor on a Grant Offer from DOT/FAA for a 90% grant for
engineering services associated with the Terminal Aircraft Parking Area Rehab project. b) apply for and accept a
10% matching grant from the Arkansas Dept of Aeronautics at the conclusion of the project. c) Approval of a Budget
Adjustment recognizing the grant revenue.
5550.0955.6820.42
Account Number
140141
Project Number
Budgeted Item? Yes
Does item have a cost? NA
Budget Adjustment Attached? Yes
Budget Impact:
Airport
Fund
Airport Terminal Apron Rehabilitation
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution # 33-14 V201406 00
Original Contract Number:
Approval Date:
C nts: Signed original must be returned to FAA by July 39 �+ -)n-0
EFtTI'"
r
- -0/0
CITY OF
•
Tay e e1jq CITY COUNCIL AGENDAARKANSMEMO
MEETING OF JULY 15, 2014
TO:
Mayor and City Council
THRU:
Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
Staff Review Committee
FROM:
James Nicholson, Airport Financial Coordinator
DATE:
July 7, 2014
SUBJECT:
Request for `Walk-on" item
RECOMMENDATION:
Add item as a "walk-on" agenda item for the July 15th City Council Meeting.
BACKGROUND:
The agenda item to accept a grant from the FAA is submitted after the July 151h City Council meeting
deadline. The language from the rules of procedure is as follows:
A.7a. Agenda items not included within the Tentative Agenda packet.
(1) Staff agenda items. If the City staff requests to "walk-on" an agenda item for the
City Council Agenda during the City Council Agenda Session, the memo from the City staff
shall begin with a clear and compellina reason why this proposed agenda item could not
have been included within the
�ouncu
consideration at a later City Council meeting. Any member of the City Council including the
Mayor can then place this item on the Final Agenda.
DISCUSSION:
The grant documents from the FAA were received by the City after the Council Agenda deadline for
inclusion on the agenda. The FAA has prescribed a deadline for return of the signed documents to the
agency of July 315', 2014, thereby necessitating the item's approval by the City Council and subsequent
processing for the required signatures in order to meet that deadline.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701 www.fayetteville-ar.gov
CITY OF
Tayrle CITY COUNCIL AGEN
QA MEMOANSAS
MEETING OF JULY 15, 2014
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
Staff Review Committee
FROM: James Nicholson, Airport Financial Coordinator
DATE: July 3, 2014
SUBJECT: DOT/FAA AIP Grant — Terminal Apron Rehabilitation, Proj #14014
RECOMMENDATION:
A Resolution to: a) accept an Airport Improvement Program (AIP) grant from the Federal Aviation
Administration (FAA). Signature of the Mayor and City Attorney. b) Apply for and accept a grant from the
Arkansas Department of Aeronautics at the conclusion of the project. c) Approve a Budget Adjustment.
BACKGROUND:
Resolution No. 33-14, 2/18/14, approved Task Order #10 with McClelland Consulting Engineers, Inc. for
project design and bidding services associated with the Terminal Apron Rehabilitation Project. Work on
the project is contingent upon funding from the FAA and the Arkansas Department of Aeronautics.
DISCUSSION:
An application was submitted and the FAA has offered a grant to the City for 90% funding of the design
and bidding phase of the project. The remaining 10% of this phase of the project is eligible for
reimbursement from the Arkansas Department of Aeronautics. However, application for the state funds
does not occur until the conclusion of the project.
Approval of the funding from the FAA will allow the Airport to provide a Notice to Proceed to McClelland
Consulting Engineers, Inc., to begin the design work leading to bidding. Once bids are received,
additional applications for grants from the FAA and Department Aeronautics will be processed to
complete the construction phase of the project; anticipated to cost approximately $450,000. Construction
will likely take place in 2015.
BUDGET/STAFF IMPACT:
The FAA grant will provide $32,445 revenue to the Airport Fund to offset 90% of the design/bidding cost
of $36,050. It is anticipated that the Arkansas Department of Aeronautics will provide the 10% balance of
the cost, or $3,605.
Attachments:
Staff Review Form
Budget Adjustment
Original and Copy of AIP Grant Offer
Copy Res No. 33-14
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701 www.fayetteville-ar.gov
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A FEDERAL
AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $32,445.00
TO BE USED FOR THE DRAKE FIELD TERMINAL APRON
REHABILITATION PROJECT; TO AUTHORIZE THE APPLICATION FOR
AND ACCEPTANCE OF A GRANT FOR THE REMAINING PROJECT
BALANCE FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS
AT THE CONCLUSION OF THE PROJECT; AND TO APPROVE 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 authorizes
acceptance of a Federal Aviation Administration grant in the amount of $32,445.00 to be used
for the Drake Field Terminal Apron Rehabilitation Project and also authorizes the application for
and acceptance of a grant for the remaining project balance, which is expected to be $3,605.00,
from the Arkansas Department of Aeronautics at the conclusion of the project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A," recognizing the revenue.
USA
PASSED and APPROVED this 150' day of July, 2014.
LIONELD JORDAN, Mayor
ATTEST:
IM
SONDRA E. SMITH, City Clerk/Treasurer
1) ORIGINAL
fa
U.S. Department Airports Division FAA ASW-630
of Transportation Southwest Region 2601 Meacham Blvd.
Federal Aviation Arkansas,Oklahoma Fort Worth, TX 76137
Administration
�.
The Honorable Lionel D. Jordan
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Mayor Jordan:
We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP)
Project No. 3-05-0020-042-2014 at Drake Field Airport. This letter outlines expectations for success.
Please read the conditions and assurances carefully.
To properly enter into this agreement, you must do the following:
• The governing body must pass a resolution and execute the grant, along with your attorney's
certification, by July 31, 2014, in order for the grant to be valid.
• No change may be made by you or your representative to the Grant Offer.
• We ask that you return the Grant Offer marked "Original" to us by overnight mail, facsimile,
regular mail, or E-Mail (PDF), and maintain the copy marked "Copy" for your records.
Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant
must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement
for more information regarding the use of this System.
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 ensure proper stewardship of these Federal funds. You are
expected to submit payment requests for reimbursement of allowable incurred project expenses in
accordance with project progress. 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-270 (non -construction projects) or SF-271 or equivalent (construction
projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this
grant is open (due December 31 of each year this grant is open); and
• Quarterly Performance Reports due every quarter.
0)
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:
• Sponsor Certification for Project Final Acceptance;
• Summary of all change orders and summary of all testing; and
• Final SF-270 or SF-271 (or equivalent) and SF-425.
Paul Burns 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,
Glenn A Boles,
Manager, AWOK Airports Development Office
f -1
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
1) ORIGINAL
Date of Offer
Sb ! >.
Airport/Planning Area
Drake Field
AIP Grant Number
3-05-0020-042-2014
DUNS Number
134398903
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 May 21, 2014, for a grant of
Federal funds for a project at or associated with the Drake Field Airport, which is included as part of this Grant
Agreement; and
WHEREAS, the FAA has approved a project for the Drake Field Airport (herein called the "Project") consisting of
the following:
Rehabilitate Apron (Design -only)
which is more fully described in the Project Application.
NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as
"the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's
adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this
Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the
Project and compliance with the Grant Assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States
share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
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CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$32,445.00.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being
specified for this purpose:
$0.00 for planning
$32,445.00 for airport development or noise program implementation
$0.00 for land acquisition.
2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be
made in accordance with the regulations, policies and procedures of the Secretary. 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. Completing the Proiect Without Delay and in Conformance with Requirements. The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date. This offer will expire and the United States will 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 July 31, 2014, or
such subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds. The Sponsor must 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. The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order, or judgment, to the Secretary. The Sponsor must 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
require advance approval by the Secretary.
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8. United States Not Liable for Damage or Iniury. The United States is 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. System for Award Management (SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information
in the SAM until the Sponsor submits the final financial report required under this grant, or
receives the final payment, whichever is later. This requires that the Sponsor review and update
the information at least annually after the initial registration and more frequently if required by
changes in information or another award term. Additional information about registration
procedures may be found at the SAM website (currently at http://www.sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1.The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or
other entity that enters into an agreement with the Sponsor to provide services or other
work to further this project, and is accountable to the Sponsor for the use of the Federal
funds provided by the agreement, which may be provided through any legal agreement,
including a contract.
2.The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its
DUNS number to the Sponsor.
3.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 866-492-0280) or the Internet
(currently at http://fedgov.dnb.com/webform).
10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. 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 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor
unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing
the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to
cover the amount of the overrun provided it will not exceed the statutory limitations for grant
amendments. If the FAA determines that a change in the grant description is advantageous and in the best
interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description.
By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to
the amount or description in the letter.
12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may
suspend, cancel, or terminate this grant.
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
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14. Buy American. Unless otherwise approved in advance 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 which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
15. Maximum Obligation Increase For Nonprimary Airports. In accordance with 49 U.S.C. § 47108(b), as
amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
A. may not be increased for a planning project;
B. may be increased by not more than 15 percent for development projects;
C. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the
total increase in allowable costs attributable to the acquisition of land or interests in land,
whichever is greater, based on current credible appraisals or a court award in a condemnation
proceeding.
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part
200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on
the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/.
The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District
Office.
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a
contractor, person, or entity.
18. Ban on Texting When Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the Sponsor is encouraged to:
1.Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to a grant or
subgrant.
2.Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all
subgrants, contracts and subcontracts
19. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any
entity other than a State, local government, Indian tribe, or foreign public entity. This
includes private Sponsors, public Sponsor employees, subrecipients of private or public
Sponsors (private entity) are:
1. Engaging in severe forms of trafficking in persons during the period of time that the
agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect; or
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3.Using forced labor in the performance of the agreement, including subcontracts or
subagreements under the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA, Section
106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a
private entity —
1.Is determined to have violated the Prohibitions; or
2.Has an employee who the FAA determines has violated the Prohibitions through conduct
that is either —
Associated with performance under this agreement; or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by the FAA at 49 CFR Part 29.
20. Exhibit A Incorporated by Reference. The Exhibit "A" updated July 1, 2011, filed with AIP Project 3-05-
0020-040-2011, is incorporated herein by reference.
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.
SPECIAL CONDITIONS
PLANS & SPECIFICATIONS APPROVAL BASED UPON CERTIFICATION: The FAA and the
Sponsor agree that the FAA approval of the Sponsor's Plans and Specification is based primarily upon
the Sponsor's certification to carry out the project in accordance with policies, standards, and
specifications approved by the FAA. The Sponsor understands that:
1)The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA
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approval for modifications to any AIP standards or to notify the FAA of any limitations to competition
within the project;
2)The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate
project documentation for the purpose of validating the certification statements;
3) if the FAA determines that the Sponsor has not complied with their certification statements, the FAA
will review the associated project costs to determine whether such costs are allowable under AIP.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Glenn A. Boles
Manager, AR/OK Airports Development Office
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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.
I declare under penalty of perjury that the foregoing is true a d correct.'
Executed this ��J dayof.__, �
By:
Title:
Designated Official Representative)
(Typed Name of Sponsor"s Designated Official Representative)
(Title of Sponsor)
CERTIFICATE OF SPONSOR'S ATTORNEY
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 A-A—#-.eAl . Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and the
Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at _�_ this day of Z01 L
Lo Arm. By
o ponsors orney
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001(False Statements) and could subject you to fines, imprisonment, or both.
7IPage 3 - 0 5 - 0 0 2 0 - 0 4 2 - 2 0 1 4
o��p L AV/
'2 FAA
Airports
7 \02
ISTILP'
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 3/20/2014
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circulars
70/7460-1 K Obstruction Marking and Lighting
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-66
Change 1
Airport Master Plans
150/5070-7
The Airport System Planning Process
150/5100-13B
Development of State Standards for Nonprimary Airports
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C
Change 1
Airport Winter Safety And Operations
150/5200-31 C
Change 2
Airport Emergency Plan
150/5210-513
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Rescue and Fire Fighting Communications
150/5210-13C
Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A I Systems for Interactive Training of Airport Personnel
FAA Advisory Circulars Required for Use in Updated 3/20/2014 Page 1 of 5
AIP Funded and PFC Approved Projects ARP
E
h .. T ,y, 3^ X-..� �'x" �,»�✓'f
� c`E.; ,7 i. �n ,x I G�' 3 � 1� t x'@ .� t.cts'r"����' � 3 '.�`}�v c�,
150/5210-19A
Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on
Airports
150/5220-10E
Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16D
Automated Weather Observing Systems (AWOS) for Non -Federal Applications
150/5220-17B
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
AC 150/5220-20
Airport Snow and Ice Control Equipment
Change 1
150/5220-21C
Aircraft Boarding Equipment
150/5220-22B
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
150/5220-25
Airport Avian Radar Systems
150/5220-26
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B)
Change 1
Out Squitter Equipment
150/5300-76
FAA Policy on Facility Relocations Occasioned by Airport Improvements or
Changes
150/5300-13A
Airport Design
Change1
150/5300-14C
Design of Aircraft Deicing Facilities
150/5300-16A
General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B
General Guidance and Specifications for Submission of Aeronautical Surveys
Change 1
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5D
Surface Drainage Design
150/5320-6E
Airport Pavement Design and Evaluation
FAA Advisory Circulars Required for Use in Updated 3/20/2014 Page 2 of 5
AIP Funded and PFC Approved Projects ARP
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150/5320-12C
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A
Management of Airport Industrial Waste
150/5235-413
Runway Length Requirements for Airport Design
150/5335-5C
Standardized Method of Reporting Airport Pavement Strength — PCN
(Draft approved for use)
150/5340-1 L
Standards for Airport Markings
150/5340-5D
Segmented Circle Airport Marker System
150/5340-18F
Standards for Airport Sign Systems
150/5340-30G
Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L-821, Panels for the Control of Airport Lighting
150/5345-513
Circuit Selector Switch
150/5345-7F
Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10G
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacons
150/5345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D
FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E
Specification for Wind Cone Assemblies
150/5345-28G
Precision Approach Path Indicator (PAPI) Systems
150/5345-39D
Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42G
Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43G
Specification for Obstruction Lighting Equipment
150/5345-44J
Specification for Runway and Taxiway Signs
150/5345-45C
Low -Impact Resistant (LIR) Structures
FAA Advisory Circulars Required for Use in Updated 3/20/2014 Page 3 of 5
AIP Funded and PFC Approved Projects ARP
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Specification for Runway and Taxiway Light Fixtures
150/5345-46D
150/5345-47C
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49C
Specification L-854, Radio Control Equipment
150/5345-50B
Specification for Portable Runway and Taxiway Lights
150/5345-51 B
Specification for Discharge -Type Flashing Light Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53D
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F
Airport Signing and Graphics
150/5360-13
Change 1
Planning and Design Guidelines for Airport Terminal Facilities
150/5360-14
Access to Airports By Individuals With Disabilities
150/5370-2F
Operational Safety on Airports During Construction
150/5370-1 OF
Standards for Specifying Construction of Airports
150/5370-11 B
Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5370-15B
Airside Applications for Artificial Turf
150/5370-16
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17
Airside Use of Heated Pavement Systems
150/5380-613
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2C
Heliport Design
FAA Advisory Circulars Required for Use in Updated 3/20/2014 Page 4 of 5
AIP Funded and PFC Approved Projects ARP
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/7/2014
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Architectural, Engineering, and Planning Consultant Services for Airport Grant
150/5100-14D
Projects
150/5100-17
Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 - 6
Assisted Projects
150/5300-913
Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects
150/5300-15A
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6D
Construction Progress and Inspection Report — Airport Grant Program
150/5370-12A
Quality Control of Construction for Airport Grant Projects
150/5380-7A
Airport Pavement Management Program
FAA Advisory Circulars Required for Use in Updated 3/20/2014 Page 5 of 5
AIP Funded and PFC Approved Projects ARP
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ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public -use airport; the term "private sponsor" means a private owner
of a public -use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated
in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in full
force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from
the date of acceptance of a grant offer of Federal funds for the project. However,
there shall be no limit on the duration of the assurances regarding Exclusive Rights
and Airport Revenue so long as the airport is used as an airport. There shall be no
limit on the duration of the terms, conditions, and assurances with respect to real -
property acquired with federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life
of project items installed within a facility or the useful life of the facilities developed
or equipment acquired under an airport development or noise compatibility program
project shall be no less than ten (10) years from the date of acceptance of Federal aid
for the project.
Airport Sponsor Assurances 3/2014 Page 1 of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 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; there shall be no limit on the duration of the assurances
regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders,
policies, guidelines, and requirements as they relate to the application, acceptance and
use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.l
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seg.12
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
in. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.1
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.l
u. Copeland Anti -kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.l
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 Page 2 of 20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity'
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 —Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction)
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-133 - Audits of States, Local Governments, and Non -Profit
Organizations] 4, s, 6
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
i. 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.' .
j. 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).'
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).'
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
Airport Sponsor Assurances 3/2014 Page 3 of 20
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs.1 2
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.1
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace
(Financial Assistance)
v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
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.
Footnotes to Assurance CA.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 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.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200.2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 4 of 20
5 Cost principles established in 2 CFR part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
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 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.
Airport Sponsor Assurances 3/2014 Page 5 of 20
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 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.
Airport Sponsor Assurances 3/2014 . Page 6 of 20
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of
this application) of public agencies that are authorized by the State in which the
project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the
project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49,
United States Code, it has undertaken reasonable consultations with affected parties
using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary. Further, for such projects, it
has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which
the airport is located, if any, a copy of the proposed amendment to the airport layout
plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance -management program and it
assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in
Title 49, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 44706 of Title 49,
United States Code, and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/2014 Page 7 of 20
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 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,
Airport Sponsor Assurances 3/2014 Page 8 of 20
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.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 3/2014 Page 9 of 20
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-
t) 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,
--- dowering, 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
Airport Sponsor Assurances 3/2014 Page 10 of 20
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-
t) 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.
Airport Sponsor Assurances 3/2014 Page i 1 of 20
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 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
Airport Sponsor Assurances 3/2014 Page 12 of 20
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 financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances
of this grant agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
Airport Sponsor Assurances 3/2014 Page 13 of 20
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 and
Airport Sponsor Assurances 3/2014 Page 14 of 20
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 promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds
received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by, or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal
assistance) for any of the sponsor's program or activities, these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances 3/2014 Page 15 of 20
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of real property or an interest
in real property, the assurance will extend to rights to space on, over, or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance 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:
1) So long as the airport is used as an airport, or for another purpose involving
the provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this
grant agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
-will not be discriminated against on the grounds of race, color, or national origin -
in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally -
assisted programs of the DOT, and incorporating the acts and regulations into
the contracts by reference in every contract or agreement subject to the non-
discrimination in Federally -assisted programs of the DOT acts and
regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with
the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to
a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on
the basis of race, color, national origin, creed, sex, age, or handicap as a
Airport Sponsor Assurances 3/2014 Page 16 of 20
covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
f. It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it, other recipients, sub -recipients,
sub -grantees, contractors, subcontractors, consultants, transferees, successors in
interest, and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts, the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
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
Airport Sponsor Assurances 3/2014 Page 17 of 20
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.
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 3 APR 2 014 (the latest
approved version as of this grant offer) and included in this grant, and in accordance
Airport Sponsor Assurances 3/2014 Page 18 of 20
with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. 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.
b. 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.
c. 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 sponsor shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of any DOT -assisted contract covered by 49 CFR Part 26,
or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race,
color, national origin or sex in the administration of its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT -assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may
impose sanctions as provided for under Parts 26 and 23 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 1936 (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.
Airport Sponsor Assurances 3/2014 Page 19 of 20
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the Secretary
that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
Airport Sponsor Assurances 3/2014 Page 20 of 20
OMB Number. 4040-On04
Expiration Date: 03/3112012
Application for Federal Assistance SF-424
" 1. Type of Submission:
07 Preappfication
K Application
07 Changed/Corrected Application
* 2. Type of Application: ' If Revision, select appropriate lettegs):
Cx,) New
n Continuation ' Other (Spey)
Revision
3".. Date Received:4. Applicant Identifier.
I
5a. Federal Entity Identifier.
' Sb. Federal Award Identifier. -71
3-05-0020-42-2014
Ai2/0K ADO, ASW-630 :
State Use Only:
6. Date Received by State:
7, State Application Identifier:
S. APPLICANT INFORMATION:
" a. Legal Name: I City of Fayetteville
" b. Employerfraxpayer Identification Number (EINRIN):
716018462
' a Organizational DUNS:
134398903
d. Address:
" Streetl: 14500 S School Ave. Ste F
Street2:
" City: I Fayetteville
County: lWashington
" State: lArkansas
Province:
" Country:
USA: UNITED STATES
"Zip / Postal Code: 172701
e. Organizational Unit:
Department Name:
Division Name:
Aviation
Transportation
f. Name and contact information of person to be contacted on matters involVing this application:
Prefix: Mr. " First Name:
Middle Name:
.lames
' Last Name: Nicholson
Suffix:
Tale Pirport Financial Coordinator
Organizational Affiliation:
City of Fayetteville Aviation Division, Drake Feld, KFYV
" Telephone Number. 479-718-7642
Fax Number; 479-718-7646
• Email: Jnicholson@fayettevile-ar.gov
Application for Federal Assistance SF-424
9. Type of Applicant 1: Select Applicant Type:
(C) City Govemment
Type of Applicant 2: Select Applicant Type:
Type of Apprrcant 3: Select Applicant Type:
* Other (specify):
" 10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number.
26.106
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 Applicanrs Project:
Terminal Apron Rehabilitation
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: May 2014 * b. End Date: Dec 2014
18. Estimated Funding (S):
• a. Federal 32.445
• b. Applicant
• c. State 3,605
• d. Local
• e. Other
• f. Program Income
* g. TOTAL 36,050
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
b. Program Is subject to E.O. 12372 but has not been selected by the State for review.
Q 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 -JR-1 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)
E *• I AGREE
The list of oertificatlons and assurances, or an internet site where you may obtain this list, Is contained In the announcement or agency
specific Instructions.
Authorized Representative:
Prefix: I The Honorable * First Name: 1-ioneld
Middle Name:
* Last Name: I Jordan
Suffix:
• Title: Mayor, City of Fayetteville
`Telephone Number: 479-575-8330 Fax Number. 478 575.8257
*Email: lijordan@fayettevllle-ar.gov
Signature of Authorized Representative: ` Date Signed:
OF
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 maxlmlze the availability of space.
NIA
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS No. 2120-0569
1113012007
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1. Name of Governing Body:
Does this assistance request require State, local, regional,
or other priority rating? Priority:
❑ Yes ❑X No
Item 2. Name of Agency or Board:
Does this assistance request require State, or local (Attach Documentation)
advisory, educational or health clearances?
❑ Yes Q No
Item 3. (Attach Comments)
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
❑X Yes ❑ No
Item 4. Name of Approving
Does this assistance request require State, local, APp g
regional or other planning approval? Date: / !
❑ 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.
Will the assistance requested be on Federal land
or installation?
❑ Yes ❑X No
Name of Federal Installation:
Location of Federal Land:
Percent of Project:
Item 8. See instruction for additional information to be
Will the assistance requested have an impact or effect on provided
the environment?
❑ Yes ❑X No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals:
individuals, families, businesses, or farms? Families:
Yes ❑X No Businesses:
Farms:
Item 10. See instructions for additional information to be provided.
Is there other related Federal assistance on this
project previous, pending, or antici ated? Phase 1 design & engineering project. Additional DOT/FAA
EX Yes ❑ No assistance anticipated for Phase 11 Construction.
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION oM6 No. 2120-0569
PART If - 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 ("3) 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 "9:
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 W:
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 identired here by the
area numbers shown on the property map.
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(476) Page 3b
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMB No. 2120-0569
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No ................................. 20-106
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
$
$
$
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
$ 33,550
5. Other Architectural engineering fees
$ 2,500
,
6. Project inspection fees
$
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal - Obstruction removal
11. Construction and project improvement
$
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
$ 36,050
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
$ 36,050
17. Less: Ineligible Exclusions
18. Add: Contingencies (5%)
19. Total Project Amt. (Excluding Rehabilitation Grants)
$ 36,050
20. Federal Share requested of Line 19
$ 32,445
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (lines 20 & 21)
$ 32,445
23. Grantee share
$ 3,605
24. Other shares
25. Total Project (Lines 22, 23 & 24)
$
$
$ 36,050
FAA Fora! 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 4
one No.2120-0569
U.D.
SECTION C - EXCLUSIONS
Classification
Ineligible for
Participation
1
Excluded From
Contingency Provision
2
a.
$
$
b.
C.
d.
e.
f.
9.
Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.
Grantee Share
$ 3,605
a. Securities
b. Mortgages
c. Appropriations B Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL - Grantee share
3,605
28.Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 3,605
SECTION E - REMARKS
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 5
PART IV
PROGRAM NARRATIVE
(Suggested Format)
r..c..rnrtowueonorennu _ eeneoai AW1ArWkM AnU1k11QreennN OMB No.2120.0569
PROJECT: Terminal Apron Rehabilitation Phase 1
AIRPORT: Drake Field, FYV
1.Objective:
Design and engineering tasks leading to construction plans suitable for bidding. Receipt of Bids.
2. Benefits Anticipated:
A well -designed cost-effective solution to arrest the ongoing deterioration of the main terminal aircraft parking
area. Originally constructed In the 1970s, the concrete surface is increasingly prone to pop -outs and spalling
producing an ongoing FOD hazard for aircraft. The project will provide the best, least -cost approach to restoring
the Terminal Aircraft Parking Apron surface, reducing hazards and extending its useful life.
3. Approach: (See approved Scope of Work in Final Application)
d. Consulting Airport Engineer to produce plans & specifications for bidding.
4. Geographic Location:
Terminal Parking Apron. See attached vicinity map, Exhibit "A"
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address & telephone number)
James Nicholson, Airport Financial Coordinator
4500 S School Ave, Ste F
Fayetteville, AR, 72701
Phone: 479-718-7642, Fax: 479718-7646, e-mail, jnicholson@fayetteville-ar.gov
FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6
RESOLUTION NO.33-14
A RESOLUTION TO APPROVE TASK ORDER NO. 10 WITH
MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF
$36,050.00 FOR PROJECT DESIGN AND BIDDING SERVICES
ASSOCIATED WITH THE TERMINAL APRON REHABILITATION
PROJECT AND TO APPROVE A BUDGET ADJUSTMENT OF $36,050.00
WHEREAS, the cost of the project design and bidding services associated with the
- - — Terminal Apron Rehabilitation Project, in the amount of $36,050.00, is anticipated to be fully
reimbursed through grants from the Federal Aviation Administration and the Arkansas
Department of Aeronautics;
NOW, THEREFORE, 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 approves
Task Order No. 10 with McClelland Consulting Engineers, Inc. in the amount of $36,050.00 for
project design and bidding services associated with the Terminal Apron Rehabilitation Project
and authorizes Mayor Jordan to sign Task Order No. 10.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $36,050,00, a copy of which is attached as Exhibit "A."
AP]
M.
PASSED and APPROVED this 18a' day of February 2014.
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
-V �
'G
-0: FAYETTEVII_L.E;
�is� i /v ON `, ``�,,
ko(Was DWVWV �� bat
)W kquotr) 01
City of Fayetteville Staff Review Form
2015-0332
Legistar File ID
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
John J. Roscoe 7/16/2015 Aviation /
Transportation Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff requests the signature of the Mayor on a grant application to the Arkansas Department of Aeronautics, in the
amount of $3224.00; 10% match to FAA/AIP Grant 3-05-0020-0042-14 for planning & design work up to bidding of
the Terminal Apron Rehabilitation project.
Account Number
140141
Project Number
Budgeted. Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
D810 Aviation
Fund
Airport Terminal Apron Rehabilitation
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution # 132-14 V20140710
Original Contract Number:
Comments:
� .... 9. - .1.. 1 "'1.� �
CITY OF
s .
ay � eIle
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Don Marr, Chief of Staff
Staff/Contract Review Committee
Terry Gulley, Transportation Director
FROM: ohn J Roscoe, Airport Director
DATE: 7/17/15
SUBJECT: AR Dept of Aeronautics Grant — AIP 42 Grant Match
Legistar Item # 2015-0332
RECOMMENDATION:
Review and signature of the Mayor.
STAFF MEMO}
BACKGROUND:
Resolution No. 132-14, passed July 15, 2014, authorized the application and acceptance of a
grant from the Arkansas Department of Aeronautics that provides a 10% match to the Federal
Aviation Administration/Airport Improvement Program (FAA/AIP) grant that was also authorized
by the Resolution.
DISCUSSION:
FAA/AIP Grant 3-05-0020-0042-14, for the planning, design and bidding services associated
with the Terminal Apron Pavement Rehabilitation project, has concluded. The final
reimbursement payment was received and the grant close-out documents submitted to the FAA.
In accordance with Arkansas Department of Aeronautics (ADA) policy, the City may apply for a
matching grant for 10% of the total project cost. The FAA/AIP grant reimbursed 90% of the cost.
As the application and acceptance of the grant from ADA has been authorized by Resolution
No. 132-14, only the Mayor's signature is required on the grant application form in order to
submit the application and receive the funds.
BUDGET/STAFF IMPACT:
The grant will provide revenue in the amount of $3224.00, or 10% of the project cost. The
revenue was previously budgeted in the project.
Attachments:
SRF, SRM,
ADA Grant Application
Grant Reimbursement Request
Res, No. 132-14
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
July 17, 2015
Jerry Chism
Arkansas Department of Aeronautics
2315 Crisp Drive
Hangar 8
Little Rock, AR 72202
Re: Fayetteville — Drake Field
FAA/AIP Grant Match
Application for Airport Aid
Dear Mr. Chism:
Thanks to the recent and past assistance of the Arkansas Department of Aeronautics, Fayetteville
— Drake Field continues to prosper. The construction phase of our ADA-funded Terminal Aircraft
Parking Apron Rehabilitation project is about to get underway.
Enclosed is an FAA/AIP match grant request for the planning and design phase of the Apron
Rehab project. The amount requested is, $3224.00, 10% of the total project cost of $32,241.00.
We respectfully request your consideration of this grant. We greatly appreciate the assistance
you have given Drake Field on past projects and to all the airports across the great state of
Arkansas.
Please call me if you have any questions or comments
Sincerely,
John J. oscoe
Airport Director
Fayetteville — Drake Field
Attachments: ADA Grant Application
Summary of Project Costs
SF270 — final FAA Reimbursement
AIP42 Grant Agreement pgs 1-2
Request for Reimbursement Letter
FAYETTEVILLE AVIATION SERVICES
4500 S. School Avenue, Suite F wowfayetteville-ar.gov
Fayetteville, AR 72701
w � �
July 17, 2015
Jerry Chism
Arkansas Department of Aeronautics
2315 Crisp Drive
Hangar 8
Little Rock, AR 72202
RE: STATE GRANT 10% match FAA/AIP 42, Terminal Parking Apron Rehab
Planning/Design
Dear Mr. Chism;
The above referenced project has been completed. Please accept our request for grant
reimbursement and close out of the FAA funded project to complete construction of the Pavement
Rehabilitation and Re -marking, Phase II project.
The amount requested for reimbursement is $11,648.00. The final project funding summary is listed
below for your review:
DOT / FAA — 90% $ 29,017.00
AR Dept of Aeronautics — 10% $ 3,224.00
Total Project Expenses: $ 32,241.00
Attached are documents relevant to the project completion:
Standard Form 270 (FAA Final)
Summary of project payments
I also want to thank you and your excellent staff for your technical and financial assistance on this
project, and on the many past projects to which your agency has contributed.
Should you have a question, please do not hesitate to contact me.
Sincer�ly, - -
Jo n J. scoe
Airport Director
Fayetteville — Drake Field
Attachments: ADA Grant Application
Summary of Project Costs
SF270 — final FAA Reimbursement
AIP42 Grant Agreement pgs 1-2
Request for Reimbursement Letter
FAYETTEVILLE AVIATION SERVICES
4500 S. School Avenue, Suite F www.fayetteville-ai-.gov
Fayetteville, AR 72701
State Airport Aid Application — Page 1.
The City/Geu- 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: .lulu 16, 2015
Name of Airport: Fayetteville Dralce Field (FYV)
Name and address of City/County Commission
sponsoring request:
City of Fayetteville
113 W Mountain Street
Fayetteville AR 72701
Phone Number: 479-575-8330
Fax Number: 479-585-8257
Name and address of Engineering Firm
(if applicable):
Gainer, LLC
2049 E Joyce Blvd Ste 400
Fayetteville AR 72703
Person to Contact about project:
John J Roscoe Airport Director
4500 S School Ave Ste F
Fayetteville AR 72701
Phone Number: 479-718-7642
Cell Number:
Fax Number: 479-718-7646
Contact Person: Adam White
Phone/Fax Number: 479-527-9100
Describe the work to be accomplished: Planning and Design Terminal Parking Apron
Rehabilitation. AIP 4 3-05-0200-0042-14
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: 3-05-0200-0042-14
O 95-5% Match
S� 90-10% Match
Total Cost of Project: 31241.00
Federal Share: 29,017.00
State Share: 3,224.00
Local Share: 0.00
1-1-14
State Airport Aid Application — Page 2
Provide the information listed below as it applies to your project:
Funding:
Source of Funds: AIP / ADA
Source of In -Kind Services: N/A
Estimated starting date of project:
Estimated completion date of project: Completed
Project will be for: New Airport Existing Airport
Is land to be leased or purchased? N/A
Description of land and cost per acre:
Provide the Federal AIP Grant Number (if applicable): 3-05-0020-0042-14
State Legislators for your area:
State Senator: Uvalde Lindsev
State Representative; Charlie Collins
1-1-14
am
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) finding 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 res onsible for com Nance with all Federal,
State County, and Citri haws Statutes Ordinances Rules Regulations and Executive Orders
coneernin- contracts and Purchases for whiell this gran 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). fal%1'ldet7t of'�rrrcnt fLrTlcl..s are CCintin4rf'nt 2f )Oi2 i%1L Det)LCYI!?1L'F7t',s annrlal
ld�t)pT (�))1'iC{1 iOF1.
IN WITNESS WHEREOF, the sponsor has caused th's Application for State Airport Aid to be duly
executed in its name, this C day of 2015
Sponsor
Title
1-1-14
APPLYING FOR PAYMENT OF APPROVED GRANT FUNDS
After your grant has been approved and you are ready for a partial or final payment of an amount up to
the grant award, please provide the following documents to our office:
FOR 50-50%, 80-20%, 90-10% AND 100% STATE AIRPORT AID GRANTS, YOU MUST
PROVIDE:
Letter requesting Payment (partial/final) stating completion of the project with the total amount
of the project and the state share of the grant. Must be signed by City/County official or Airport
Commissioner.
Invoices for all cash expenses (copies). Engineering estimates/payment requests or contracts are
not acceptable to auditors and cannot be accepted by our agency.
Canceled checks to match all invoices — front and back of checks.
Copy of Deed, Title Insurance, Legal Fees (Land Purchases Only).
Daily time sheets for ALL in -kind work used as match for grant. The auditors will accept only
ONE day of in -kind services on ONE Daily Report Form. The form must be filled out
completely and signed by Supervisor and City/County Official. — No Exceptions!
An expense sheet outlining expenses/or a tape showing how the amount requested for payment
was totaled.
FOR GRANTS MATCHING FEDERAL FUNDS, YOU MUST PROVIDE:
Letter requesting payment (final only) stating completion of the project. Must be signed by
City/County Official or Airport Commissioner.
Copy of final Federal Aviation Administration Reimbursement Form (FAA form 271 or
computer generated form accepted by the FAA).
NOTE: All City/County Airports participating in Block grants with the ADA must submit all payment
requests to our office. The FAA will not process your Vayment 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 finds will be
disbursed.
If you have any questions concerning the grant process or grant accounting
procedures, please feel free to contact our office at (501) 376-6781
1-1-14
ARKANSAS DEPARTMENT OF AERONAUTICS
STATE AIRPORT AID GRANT CLASSIFICATIONS
CURRENT JULY 2014
SAAG 95-5% or 90-10%u .MATCH (FAA -STATE) FAA AIRPORT IMPROVEMENT PROGRAM
* Available to airports approved for Federal funding by FAA (NPIAS Airports)
* Limit of 5% or 10% (depending on FAA grant type) of total project cost — State share not to exceed $400,000.
* FAA federal grant number required and all FAA Grant Assurances apply.
* State Grant Application (5% or 10%) reviewed after Project completion and AIP (95% or 90%) paid.
SAAG 50-50% MATCH (STATE - LOCAL)
* Available to all public owned / public use airports
* Limited to 50% of total project cost - State share not to exceed $400,000.
* Limit of one 50% grant per airport per fiscal year
* Cash and/or In -kind Match required (in -kind requires pre -approval)
SAAG 80-20%p MATCH (STATE - LOCAL)
* Available to all public owned / public use airports
* Limited to 80% of total project cost - State share not to exceed $400,000.
Limit of one 80% grant per airport per fiscal year
Cash and/or In -kind Match required (in -kind requires pre -approval)
SAAG 90-10% MATCH (STATE - LOCAL)
* Available to all public owned / public use airports
* Limited to 90% of total project cost - State share not to exceed $200,000.
* Limit of one 90% grant per airport per fiscal year
* Cash and/or In -kind Match required (in -kind requires pre -approval)
SAAG 100% GRANT (STATE ONLY)
* Available to all public owned / public use airports
Emergency requests only — limited to disaster areas — declared by the Governor
* Application must be based on Governor's Disaster Declaration. Insurance payments and other financial help will be reviewed
before
awarding grant.
REMARKS:
* All requests submitted must be based on actual need and will be prioritized by Staff/Commission. Safety projects being priority #
All in kind match requires Pre -Approval (NO in -kind on buildings) All buildings funded must certify insurance coverage.
* Source of local match funds must be reported on `The State Application Form' and will be reviewed by Staff & Commission
for approval during the Application Process. (Normally local match funding will come froin city or county budgets.)
* All Insurance, FEMA and other similar funding sources must be used before Department of Aeronautics Grant Funds.
To comply with FAA Grant Assurances (and State) all revenue generated at or by the Airport must be accounted for and
used by the Airport for improvements and Operations. All Public Owned Airports are expected to make every effort to be
self sustaining.
REMINDER:
** The FY2015 $15,000,000.00 Grant Program is authorized for one (1) year, July 2014— June 2015 . The one year Appropriation,
set at $15,000,000.00, allows the agency to disburse that amount only if revenue .is available.
** State -only funded projects should be started immediately after Con:mission approval and completed within one year. After
rp oiect
completion and required documentation is submitted sponsor will be reimbursed for up to the approved grant arnount.
** Read application instructions carefully to make sure all required documentation is included in submittal.
** Required payoff documentation includes invoices as well as the fi-ont AND back of cancelled checks along with as -built
drawings if applicable.
** A 50% payment may be requested only after 50% of TOTAL PROJECT is completed.
JULY 1, 2014
Project Name: Terminal Apron Rehab - Design f Bidding AIP 42 TOTAL Project Costs 36,050.00 GRANTS
Vendor:
NWA Newspaper Advertisement
Purchase Order #:
Date: P-CARD TXN Current Payment Balance
0
Project Name:
Terminal Apron Rehab - Design 1 Bidding AIP 42
Project #:
14014 1
Vendor:
McClelland Consulting Engineers Inc
Purchase Order#:
14-333-001
Resolution #
33-14
Contract #:
2309
Fixed asset #
State Grant #
Contract Amount:
36,050.00
Amendment #1:
Contract Total:
36.050.00
Date: Check #
Current Payment
24-Sep-14
420793
12,706,50
23-Dec-14
422247
7,625.00
16-Jan-15
422598
2,755.00
29-Jun-15
425552
9,155.00
Tot Paymnts 32.241.50
Project Cost to Date:
FAA Grant Amount
State Grant Amount
Airport Cost
% of Total
Drawdowns
FAA 1
FAA 2
FAA 3
TOTAL:
Difference FAA Exp
Balance
Total Pending Drawdown:
23,343.50
15,718.50
12,963.50 2014 exp
3,808.50
32.241.50
32,241.50
29,017.00 32,445
3,224.00 3,605
0.50 36,050
0.00
Submitted Recvd
11,435.00 13-Oct-14 16-Oct-14
9,342.00 30-Jan-15 4-Feb-15
8,240.00 6-Jul-15 7-Jul-15
29,017.00
0.00
0.00
Form
REQUEST FOR ADVANCE 0348-0004 1 1 1 PAGES
a. "X" one or both boxes 2. BASIS OF REQUEST
OR REIMBURSEMENT TYPE OF ADVANCE Q✓ REIMBURSE- 0 CASH
MENT
PAYMENT bl
b. "X" the applicable box
REQUESTED ACCRUAL
(See instructions on back) ❑✓ FINAL [:] PARTIAL
3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL 4. FEDERAL GRANT OR OTHER IDENTIFYING 5. PARTIAL PAYMENT REQUEST
ELEMENT TO WHICH THIS REPORT IS SUBMITTED NUMBER ASSIGNED BY FEDERAL AGENCY NUMBER FOR THIS REQUEST
Federal Aviation Administration 3-05-0200-0042-14 3
6. EMPLOYER IDENTIFICATION 7. RECIPIENT'S ACCOUNT 8. PERIOD COVERED BY THIS REQUEST
NUMBER NUMBER OR IDENTIFYING -
NUMBER FROM (month, day, year) TO (month, day, year)
71-6018462 January 1, 2015 March 28, 2015
9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is to be sent if different than item 9)
Name;
City of Fayetteville, Arkansas
Drake Field, KFYV
Name:
DELPHI INVOICE FY142101-003 Proj# 05002042
Number
4500 S School Ave, Ste F
Number
and Street:
and Street:
City, State
Fayetteville AR 72701
City, State
and ZIP Code:
and ZIP Code:
-- - ---•--•-• �.
(a)
,.-„r,.+v.w�:,rrGt�t.�fI1uVH1Vl�CJ
(b)
r rwvtJ
I to
PROGRAMS/FUNCTIONSIACTIVITIES [
Rehabilitate Apron
(c)
(Design/Bid Only)
TOTAL
a. Total program outlays to date 28-14ja1.15
$32,241.50
$32,241.50
b. Less: Cumulative program income
$0.00
$0.00
c. Net program outlays (Line a minus line b)
$32,241.50
$32,241.50
d. Estimated net cash outlays for advance period
$0.00
$0.00
e. Total (Sum of lines a & d)
$32,241.50
$32,241.50
f. Non -Federal share of amount on line e
$3,224.15
$3,224.15
g. Federal share of amount on line a
$29,017.35
$29,017.35
h. Federal payments previously requested
$20,777.00
I. Federal share now requested (Line g minus line
$20,777.00
h)
j. Advances required by month,
$8,240.00
$8,240.00
1st month
when requested by Federal grantor
SUBMIT INVOICE IN ACCORDANCE
agency for use in making 2nd month
rescheduled advances 3rd month
WITH AWARD INSTRUCTIONS
AL I tKNA I E COMPUTATION FOR ADVANCES ONLY
a. Estimated Federal cash outlays that will be made during period covered by the advance
b. Less: Estimated balance of Federal cash on hand as of beginning of advance period
c. Amount requested (Line a minus line b)
13' CERTIFICATION
I certify that to the best of my
SIGNATURE OR AUTINORIZED TIFYING OFFICIAL
DATE REQUEST SUBMITTED
knowledge and belief the data en -
the reverse are correct and that all
outlays were made in accordance
with the grant conditions or other
TYPE OR P IlG1 D -AND TITLE
\
\
TELEPHONE (AREA CODE, NUMBER,
agreement and that payment is due
EXTENSION)
and has not been previously
John Roscoe, Aviation Director
479-718-7642
requested.
jroscoe@fayetteville-ar.gov
This space for agency use
AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev. 7-97)
Prescribed by OMB Circuiars A-102 and A-110
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I ^ OFFER
Date of Offer
Airport/Planning Area
Drake Field
AIP Grant Number
3-05-0020-042-2014
DUNS Number
134398903
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 May 21, 2014, for a grant of
Federal funds for a project at or associated with the Drake Field Airport, which is included as part of this Grant
Agreement; and
WHEREAS, the FAA has approved a project for the Drake Field Airport (herein called the "Project") consisting of
the following:
Rehabilitate Apron (Design -only)
which is more fully described in the Project Application.
NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as
"the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's
adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this
Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the
Project and compliance with the Grant Assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS
AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States
share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1 1 P a g e 3 - 0 5 - 0 0 2 0 - 0 4 2 - 2 0 1 4
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$32,445.00.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
of the United States under the provisions of 49 U.S.C. §'47108(b), the following amounts are being
specified for this purpose:
$0.00 for planning
$32,445.00 for airport development or noise program implementation
$0.00 for land acquisition.
2. ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be
made in accordance with the regulations, policies and procedures of the Secretary. 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. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
S. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date. This offer will expire and the United States will 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 July 31, 2014, or
such subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds. The Sponsor must 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. The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order; or judgment, to the Secretary. The Sponsor must 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
require advance approval by the Secretary.
2 1 P a g e 3 - 0 5 - 0 0 2 0 - 0 4 2 - 2 0 1 4
RESOLUTION NO. 132-14
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A FEDERAL
AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $32,445.00
TO BE USED FOR THE DRAKE FIELD TERMINAL APRON
REHABILITATION PROJECT; TO AUTHORIZE THE APPLICATION FOR
AND ACCEPTANCE OF A GRANT FOR THE REMAINING PROJECT
BALANCE FROM THE ARKANSAS DEPARTMENT OF AERONAUTICS
AT THE CONCLUSION OF THE PROJECT; AND TO APPROVE 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 authorizes
acceptance of a Federal Aviation Administration grant in the amount of $32,445.00 to be used
for the Drake Field Terminal Apron Rehabilitation Project and also authorizes the application for
and acceptance of a grant for the remaining project balance, which is expected to be $3,605.00,
from the Arkansas Department of Aeronautics at the conclusion of the project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A," recognizing the revenue.
PASSED and APPROVED this 15t' day of July, 2014.
APPROVED:
ATTEST:
By: A��idJ;rl G`G SONDRA E. SMITH, City Clerk/Treasure-
r
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