HomeMy WebLinkAbout2023-06-13 - Agendas - TentativeCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Tentative Agenda
Tuesday, June 13, 2023
4:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Harvey Ward 1
Council Member D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Holly Hertzberg Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
Pagel of 284
City Council Meeting Tentative Agenda June 13, 2023
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS
CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS
1. NOMINATING COMMITTEE REPORT: (2023-829)
A. CONSENT
A.1. GARVER, LLC - TASK ORDER NO. 05 (GRANT APPLICATION):
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A FEDERAL
AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $475,738.00 TO
FUND 90% OF THE COSTS FOR THE DESIGN AND CONSTRUCTION OF
THE WILDLIFE FENCE REHABILITATION PROJECT AT DRAKE FIELD
AIRPORT, TO APPROVE AMENDMENT NO. 1 TO TASK ORDER NO. 5 WITH
GARVER, LLC IN THE AMOUNT OF $15,000.00 TO PROVIDE
ENVIRONMENTAL COORDINATION SERVICES ASSOCIATED WITH THE
PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-822)
A.2. GARVER, LLC - TASK ORDER NO. 06 (GRANT ACCEPTANCE):
A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A FEDERAL
AVIATION ADMINISTRATION GRANT IN THE AMOUNT OF $374,729.00 TO
FUND 90% OF THE PROJECT COSTS FOR A PROPOSED AIRPORT
MASTER PLAN UPDATE AT DRAKE FIELD AIRPORT, TO APPROVE TASK
ORDER NO. 6 IN THE AMOUNT OF $413,366.00 WITH GARVER, LLC FOR
PLANNING SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT (2023-
816)
B. UNFINISHED BUSINESS
B.1. RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD:
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY
LEROY H. SCHARFENBERG LOCATED AT 2860 EAST WYMAN ROAD IN THE
CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET
ADJUSTMENT IN THE AMOUNT OF $17,800.00 (2022-191)
FOR ITEM HISTORY FROM 07/05/2022 THROUGH 02/07/2023 CONTACT THE
City of Fayetteville, Arkansas page 2
Page 2 of 284
City Council Meeting Tentative Agenda June 13, 2023
CITY CLERK'S OFFICE.
AT THE 02/07/2023 CITY COUNCIL MEETING, THIS ITEM WAS TABLED
UNTIL THE 06/20/2023 MEETING.
C. NEW BUSINESS
C.1. HONORING THE LIFE AND LEGACY OF HANK KAMINSKY (RESOLUTION):
A RESOLUTION TO HONOR THE LIFE AND LEGACY OF HANK KAMINSKY
(2023-831)
C.2. INNOVATIVE CONCEPTS FOR HOUSING SOLUTION (ARPA):
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR RFP
23-12, INNOVATIVE CONCEPTS FOR HOUSING SOLUTIONS AND CASE
MANAGEMENT (2023-826)
C.3. MENTAL HEALTH FIRST AID CERTIFICATION (RESOLUTION):
A RESOLUTION TO ENCOURAGE THE CITY OF FAYETTEVILLE TO
PARTNER WITH ARKANSAS RURAL HEALTH PARTNERS AND BLUE CROSS
AND BLUE SHIELD OF ARKANSAS TO OFFER FREE MENTAL HEALTH
CERTIFICATION FOR MENTAL HEALTH FIRST AID TO ALL CITY
EMPLOYEES (2023-827)
CA. AMEND §120.02 LANDLORD'S REPRESENTATIVE REGISTRY (ORDINANCE
AMENDMENT):
AN ORDINANCE TO AMEND §120.02 LANDLORD'S REPRESENTATIVE
REGISTRY OF THE FAYETTEVILLE CODE BY MODIFYING (D) TO INCLUDE
WHETHER THE LANDLORD WOULD ACCEPT VOUCHER -BASED
ASSISTANCE FOR THEIR PROPERTIES (2023-828)
C.S. REZONING-2023-0013: (1275 N. GREGG AVE./PATHWAY BAPTIST
CHURCH, 405):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN
WARD 2 FOR APPROXIMATELY 2.23 ACRES FROM RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI-
FAMILY, 40 UNITS PER ACRE (2023-791)
C.6. REZONING-2023-0014: (SE OF DEAD HORSE MOUNTAIN ROAD AND E.
GOFF FARM ROAD/RIVERWOOD HOMES, 606, 607, 645, 646):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 2023-014 LOCATED SOUTHEAST OF DEAD HORSE
MOUNTAIN ROAD AND GOFF FARM ROAD FOR APPROXIMATELY 112.98
City of Fayetteville, Arkansas page 3
Page 3 of 284
City Council Meeting Tentative Agenda June 13, 2023
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE SUBJECT TO A BILL OF
ASSURANCE TO NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY
SERVICES; AND R-A, RESIDENTIAL AGRICULTURAL (2023-792)
PROPOSED AGENDA ADDITIONS
D. CITY COUNCIL AGENDA SESSION PRESENTATIONS
D.1. 2022 FINANCIAL AUDIT RESULTS - STEVE DOTSON & CHAD REED
E. CITY COUNCIL TOUR
F. ANNOUNCEMENTS
G. ADJOURNMENT
City of Fayetteville, Arkansas page 4
Page 4 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
CITY COUNCIL MEMO
2023-822
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Jared Rabren, Airport Director
DATE:
June 1, 2023
SUBJECT:
FYV Wildlife Fence Grant Application and execute Task Order 05 Amendment 01
RECOMMENDATION:
Staff requests approval for the Aviation Division to apply for a Federal Aviation Administration (FAA) grant to
fund design and construction of the Wildlife Fence Rehabilitation project at Fayetteville — Drake Field. Staff
also requests for the Aviation Division to execute Task Order 05 Contract Amendment 01 with Garver, LLC.
Specifically, this resolution will permit the following: Allow the Aviation Division to submit a grant application to
the FAA in the amount of $475,738.00 (90% of project cost). And to execute Task Order 05 Contract
Amendment 01 with Garver, LLC in the amount of $15,000.00 to provide project environmental coordination
services and approval of a budget adjustment.
BACKGROUND:
The airport's most recent FAA Part 139 inspection identified deficiencies with the existing wildlife fencing
located south and east of the runway. Approximately 3,500 linear feet of existing barbed wire fence
construction is non -compliant and must be replaced to meet FAA standards. Fence line clearing and localized
repairs are necessary for an additional 3,400 linear feet of existing chain link fence to remain in place.
Rehabilitation of the wildlife fencing will increase airport safety by reducing the potential for wildlife hazards.
The Airport entered into an agreement with Garver, LLC to provide design and bidding services for the project
(Task Order 05). Construction bids were received on May 23, 2023.
DISCUSSION:
Upon receipt of a AIP Grant Offer from the FAA, the Airport Division will seek approval from Council to execute
the grant offer and execute a construction contract with the lowest responsive and responsible bidder. The AIP
grant will cover 90% of the project costs, with the remaining 10% to be funded through an Arkansas
Department of Aeronautics (ADA) grant at the completion of the project. The only cost attributed to the City for
this project is $17,359.00 which represents the cost for non -FAA eligible Contractor insurance.
Below is a summary of the anticipated project costs and funding breakdown for the project.
Administration and Other Costs (Estimated) $1,000.00
Design and Construction Phase Services: $54,000.00 FAA: $475,738.00
Environmental Coordination2:
$15,000.00
ADA:
$52,859.00
Construction:
$475,956.00
City:
$17,359.00
TOTAL:
$545,956.00
TOTAL:
$545,956.00
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 5 of 284
1. Garver Task Order 05 previously approved by City Council on December 6, 2022
2. Garver Task Order 05 Contract Amendment 01
BUDGET/STAFF IMPACT:
The Aviation Division may expend up to $15,000 of its fund balance reserve to fund Task Order 05 Contract
Amendment 01. This amount includes $13,500 for cash -flow to cover the FAA's 90% share until
reimbursement in Summer 2023 and $1,500 for cash -flow to cover the ADA's 10% share until reimbursement
at the end of the project. Upon receipt and execution of an FAA Grant Offer, the Airport Division will seek
approval from Council to execute a construction contract with the lowest responsive and responsible bidder,
and budget adjustment.
ATTACHMENTS: FYV Wildlife Fence Grant Application and Task Order 05 SRF, 2023-822 BA Airport Wildlife
TO Garver, FYV Wildlife Fence Grant Application Package (003)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 6 of 284
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-822
FYV Wildlife Fence Grant Application and execute Task Order 05 Amendment 01
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A FEDERAL AVIATION
ADMINISTRATION GRANT IN THE AMOUNT OF $475,738.00 TO FUND 90% OF THE COSTS
FOR THE DESIGN AND CONSTRUCTION OF THE WILDLIFE FENCE REHABILITATION
PROJECT AT DRAKE FIELD AIRPORT, TO APPROVE AMENDMENT NO. 1 TO TASK ORDER
NO. 5 WITH GARVER, LLC IN THE AMOUNT OF $15,000.00 TO PROVIDE ENVIRONMENTAL
COORDINATION SERVICES ASSOCIATED WITH 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 Mayor Jordan to
submit an application for a Federal Aviation Administration Grant in the amount of $475,738.00 to fund
90% of the costs for the design and construction of the Wildlife Fence Rehabilitation Project at Drake
Field Airport.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign Amendment No. 1 to Task Order No. 5 with Garver, LLC in the amount of $15,000.00 for
project environmental coordination services associated with the Wildlife Fence Rehabilitation Project at
Drake Field.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Page 7 of 284
Jared Rabren
Submitted By
City of Fayetteville Staff Review Form
822-2023
Item ID
6/20/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/31/2023
Submitted Date
Action Recommendation:
AIRPORT SERVICES (760)
Division / Department
Staff requests approval for the Aviation Division to apply for a FAA grant to fund design and construction of the
Wildlife Fence Rehabilitation project at Drake Field. Staff also requests to execute Task Order 05 Contract
Amendment 01 with Garver, LLC. Specifically, this resolution will permit the following: Allow the Aviation Division
to submit a grant application to the FAA in the amount of $475,738.00 (90% of project cost). Execute Task Order 05
Contract Amendment 01 with Garver, LLC in the amount of $15,000.00 to provide project environmental
coordination services and approval of a budget adjustment.
5550.760.3960-5860.02
Account Number
32206.2022
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Budget Impact:
Airport
Fund
Airport Wildlife Fence Rehab
Project Title
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
$ 38,950.00
$ 33,575.00
5,375.00
$ 15,000.00
$ 15, 000.00
V20221130
Purchase Order Number: 2023-00000180 Previous Ordinance or Resolution # 286-22
Change Order Number:
Original Contract Number:
Comments:
1
2022-00000064
Approval Date:
12/6/2022
Page 8 of 284
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
AIRPORT SERVICES (760)
/Org2
2023
Requestor: Kevin Springer
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff requests approval for the Aviation Division to utilize a Federal Aviation Administration (FAA) grant to fund design and
construction of the Wildlife Fence Rehabilitation project at Fayetteville — Drake Field. Staff also requests for the Aviation
Division to execute Task Order 05 Contract Amendment 01 with Garver, LLC in the amount of $15,000, and to approve a
budget adjustment.
COUNCIL DATE: 6/20/2023
ITEM ID#: 2023-822
Holly Black
61212023 5:15 RIn
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 15,000 15,000 v.2023424
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
5550.760.3960-5860.02 15,000 - 32206 2022 EX Capital Prof Svcs - Engineering/Architecture
5550.760.3940-4999.99 - 15,000 RE Use Fund Balance - Current
I of 1
Page 9 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
June 2, 2023
Federal Aviation Administration
Attn: Ms. Lauren Kennedy
10101 Hillwood Parkway
Fort Worth, TX 76177
Re: Fayetteville — Drake Field
Wildlife Fence Rehabilitation
FAA Grant Application (3-05-0020-054-2023)
Dear Ms, Kennedy:
Bids were digitally received for the "FYV Wildlife Fence Rehabilitation" project through the City's on-line bidding
software, lonwave, at 2:00 pm on Tuesday, May 24, 2023.
Garver has reviewed the bid proposal for compliance with the "Instructions to Bidders". This information includes the
following:
• Insurance Coverages (Current Automobile and Liability Insurance)
• Bid Bond
• Proposal (Including Unit Price Schedule)
• Statement of Bidder's Qualifications
• List of Proposed Subcontractors
• DBE Participation Reporting
• Bidder Certification Form
One bid was received on the project. Milestone Construction Company, LLC submitted the low bid for the project in
the amount of $475,956.00. The Engineer's Estimate of Probable Cost was $500,000.00.
Based on Garver's review, we believe that the bid submitted by Milestone Construction Company, LLC represents a
good value for Fayetteville — Drake Field. Therefore, we request your concurrence in awarding the "FYV Wildlife
Fence Rehabilitation" contract to Milestone Construction Company, LLC.
Please call me if you have any questions.
Sincerely,
Jared Rabren
Airport Director
City of Fayetteville
Attachments: Recommendation of Award
Application for Federal Assistance (SF-424)
FAA Form 5100-100
Project Budget
Sponsor Certifications
Record of Negotiations
Engineering Contracts
Exhibit A (Airport Property Map)
Page 10 of 284
4300 South J.B. Hunt Drive
Suite 240
Rogers, AR 72758
TEL 479.257.9188
www.GarverUSA.com
June 2, 2023
Mr. Jared Rabren
City of Fayetteville
4500 S School Avenue, Suite F
Fayetteville, AR 72701
Re: Fayetteville — Drake Field
FYV Wildlife Fence Rehabilitation
Recommendation of Award
Dear Mr. Rabren:
Bids were received digitally for the "FYV Wildlife Fence Rehabilitation" project through the City's on-line bidding
software, lonwave, at 2:00 pm on Tuesday, May 23, 2023. The bids have been checked for accuracy and for
compliance with the contract documents. A tabulation of the bids received is enclosed with this letter.
One bid was received on the project. Milestone Construction Company, LLC submitted the low bid for the project in the
amount of $475,956.00. The Engineer's Estimate of Probable Cost was $500,000.00.
We believe that the bid submitted by Milestone Construction Company, LLC represents a good value for
Fayetteville — Drake Field. Contingent upon award of an FAA grant and City Council approval, we recommend
that the construction contract for the "FVY Wildlife Fence Rehabilitation" project be awarded to Milestone
Construction Company, LLC.
Please call me if you have any questions.
Sincerely,
GARVER
Attachments: Bid Tabulation
Page 11 of 284
ITEM SPEC.
NO. NO. DESCRIPTION
FAYETTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
BID TABULATION
BID OPENING: May 23, 2023; 2:OOPM
ENGINEER'S ESTIMATE
ESTIMATED UNIT
UNIT QUANTITY PRICE
AMOUNT
Milestone Construction Company, LLC
UNIT
PRICE AMOUNT
1
SS-241-5.1a
Ditch Structure Type A
LF
50
$300.00
$15,000.00
$436.80
$21,840.00
2
SS-241-5.1a
Water Gate Structure Replacement
LS
1
$15,000.00
$15,000.00
$10,661.63
$10,661.63
3
C-102-5.1
Temporary Erosion Control
LS
1
$5,000.00
$5,000.00
$10,530.00
$10,530.00
4
C-105-6.1
Mobilization Maximum 5% of Total Bid
LS
1
$18,000.00
$18,000.00
$14,600.00
$14,600.00
5
P-151-4.1
Clearing and Grubbing
LS
1
$65,000.00
$65,000.00
$68,569.80
$68,569.80
6
F-164-5.1
10-ft Woven Wire Wildlife Exclusion Fence
LF
3500
$50.00
$175,000.00
$53.84
$188,440.00
with Barbed Wire
20-ft Manual Double Swing Vehicle Gate
7
F-164-5.2
EA
1
$20,000.00
$20,000.00
$1,687.50
$1,687.50
8
F-164-5.3
Wildlife Fence Removal (Barbed Wire on
LF
3350
$5.00
$16,750.00
$6.75
$22,612.50
Wooden Posts)
Fence Post for Chain Link Fence Repair,
9
F-162-5.1
EA
25
$200.00
$5,000.00
$168.75
$4,218.75
Installed
10
F-162-5.2
2 x 9 ga Galvanized Fence Fabric for Chain
LF
2500
$20.00
$50,000.00
$19.83
$49,575.00
Link Fence Repair, Installed
11
F-162-5.3
4 Point 12.5 ga Barbed Wire for Chain Link
LF
1500
$4.00
$6,000.00
$8.51
$12,765.00
Fence Repair, Installed
12
F-162-5.4
Miscellaneous Chain Link Fence Repairs
LS
1
$40,000.00
$40,000.00
$3,037.50
$3,037.50
13
L-119-5.1
Solar Powered L-810(L) Airport Light,
EA
8
$7,500.00
$60,000.00
$6,257.55
$50,060.40
Installed on Fence
14
010200-1
Bonds and Insurance
LS
1
$10,000.00
$9,250.00
$17,357.92
$17,357.92
TOTALS
CARVER
1 of 1
$500,000.00
$475,956.00
Garver Project 22A13211
Page 12 of 284
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424
*1. Type of Submission:
❑ Preapplication
❑X Application
❑ Changed/Corrected Application
*2. Type of Application * If Revision, select appropriate letter(s):
❑X New
❑ Continuation * Other (Specify)
❑ Revision
*3. Date Received: 4. Applicant Identifier:
06/02/2023 KFYV
5a. Federal Entity Identifier:
*5b. Federal Award Identifier:
3-05-0020-054-2023
State Use Only:
6. Date Received by State:
7. State Application Identifier:
B. APPLICANT INFORMATION:
*a. Legal Name: City of Fayetteville
*b. Employer/Taxpayer Identification Number (EIN/TIN):
71-6018462
*c. UEI:
JNDMR71 AKHT3
d. Address:
*Street 1: 4500 South School Avenue
Street 2:
*City: Fayetteville
County/Parish:
*State: Province: AR
*Country: USA: United States
*Zip / Postal Code 72701-8016
e. Organizational Unit:
Department Name:
Transportation
Division Name:
Aviation
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr. *First Name: Jared
Middle Name:
*Last Name: Rabren
Suffix:
Title: Aviation Director
Organizational Affiliation:
City of Fayetteville Aviation Division, Drake Field, KFYV
*Telephone Number: 479-718-7642 Fax Number: (479) 718-7646
*Email: jrabrenQa fayetteville-ar.gov
Page 13 of 284
Application for Federal Assistance SF-424
*9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Pick an applicant type
Type of Applicant 3: Select Applicant Type:
Pick an applicant type
*Other (Specify)
*10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
Airport Improvement Program
*12. Funding Opportunity Number:
N/A
*Title:
N/A
13. Competition Identification Number:
N/A
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
*15. Descriptive Title of Applicant's Project:
Wildlife Fence Rehabilitation
Attach supporting documents as specified in agency instructions.
Page 14 of 284
Application for Federal Assistance SF-424
16. Congressional Districts Of:
*a. Applicant: AR-003 *b. Program/Project: AR-003
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: 09/01 /2023 *b. End Date: 02/28/2024
18. Estimated Funding ($):
*a. Federal $ 475,738
*b. Applicant $ 17,359
*c. State $ 52,859
*d. Local $ 0
*e. Other $ 0
*f. Program Income $ 0
*g. TOTAL $ 545,956
*19. Is Application Subject to Review By State Under Executive Order 12372 Process?
a. This application was made available to the State under the Executive Order 12372 Process for review on
❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review.
0 c. Program is not covered by E.O. 12372.
*20. Is the Applicant Delinquent On Any Federal Debt?
Yes ❑X No
If "Yes", explain:
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)
❑X ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Lioneld
Middle Name:
*Last Name: Jordan
Suffix:
*Title: Mayor, City of Fayetteville
*Telephone Number: 479-575-8330
Fax Number:
* Email: Ijordan@fayetteville-ar.gov
*Signature of Authorized Representative:
*Date Signed:
Page 15 of 284
U.S. Department of Transportation
1v Federal Aviation Administration
OMB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 6/30/2023
Application for Federal Assistance (Development and Equipment Projects)
PART II — PROJECT APPROVAL INFORMATION
Part II - SECTION A
The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form.
Item 1.
Does Sponsor maintain an active registration in the System for Award Management 0 Yes
❑ No
(www.SAM.gov)?
Item 2.
Can Sponsor commence the work identified in the application in the fiscal year the
❑X Yes
El No El N/A
grant is made or within six months after the grant is made, whichever is later?
Item 3.
Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes
❑X No ❑ N/A
provide attachment to this form that lists the events.
Item 4.
Will the project(s) covered by this request have impacts or effects on the
environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes
0 No ❑ N/A
mitigating measures to this application and identify the name and date of the
environmental document(s).
Item 5.
Is the project covered by this request included in an approved Passenger Facility
❑ Yes
0 No ❑ N/A
Charge (PFC) application or other Federal assistance program? If yes, please
identify other funding sources by checking all applicable boxes.
❑ The project is included in an approved PFC application.
If included in an approved PFC application,
does the application only address AIP matching share? ❑ Yes ❑ No
❑ The project is included in another Federal Assistance program. Its CFDA number is below.
Item 6.
Will the requested Federal assistance include Sponsor indirect costs as described in ❑ Yes
0 No ❑ N/A
2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe
Indirect Cost Proposals?
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate
the Sponsor proposes to apply:
❑ De Minimis rate of 10% as permitted by 2 CFR § 200.414.
❑ Negotiated Rate equal to % as approved by (the Cognizant Agency)
on (Date) (2 CFR part 200, appendix VII).
Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect
costs.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 7
Page 16 of 284
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
PART II - SECTION B
Certification Regarding Lobbying
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of
form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the
associated SF-424 form.
The Authorized Representative certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The Authorized Representative shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 7
Page 17 of 284
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
PART II — SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent
to or in the vicinity of the airport:
The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the
vicinity of Fayetteville -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 the Grant Assurances, 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.
True
5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the
project may be located.
True
6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United
States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)).
True
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.
N/A
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.
N/A
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 7
Page 18 of 284
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
PART II — SECTION C (Continued)
9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport
owned or controlled by the Sponsor except as follows:
None
10. Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed
or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse
interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1]
The sponsor holds all property as shown on the most recent update to the airport's master plan and the attached Exhibit
A.
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and
that such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work
under the Project, the following property interest in the following areas of land on which such construction work is to be
performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1]
N/A
(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". [1]
N/A
' State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse
interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by
the area numbers shown on the property map.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 4 of 7
Page 19 of 284
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A —GENERAL
1. Assistance Listing Number: 20.106
2. Functional or Other Breakout: AIP 3-05-0020-054-2023
SECTION B — CALCULATION OF FEDERAL GRANT
Cost Classification
Latest Approved
Amount
(Use only for
revisions)
Adjustment
+ or (-) Amount
(Use only for
revisions
Total
Amount
Required
1. Administration expense
$ 1,000
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
29,000
5. Other Architectural engineering fees
15,000
6. Project inspection fees
25,000
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
475,956
12. Equipment
13. Miscellaneous
14. Subtotal (Lines 1 through 13)
$ 545,956
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
545,956
17. Less: Ineligible Exclusions (Section C, line 23 g.)
17,357
18. Subtotal (Lines 16 through 17)
$ 528,599
19. Federal Share requested of Line 18
475,738
20. Grantee share
17,359
21. Other shares*
52,859
22. TOTAL PROJECT (Lines 19,20 & 21)
$ 545,956
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 5 of 7
Page 20 of 284
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
SECTION C — EXCLUSIONS
23. Classification (Description of non -participating work)
Amount Ineligible for
Participation
a.
b.
C.
d.
e.
f.
g. Total
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
24. Grantee Share — Fund Categories
Amount
a. Securities
b. Mortgages
c. Appropriations (by Applicant)
17,359
d. Bonds
e. Tax Levies
f. Non -Cash
g. Other (Explain):
h. TOTAL - Grantee share
25. Other Shares
Amount
a. State
52,859
b. Other
c. TOTAL - Other Shares
26. TOTAL NON-FEDERAL FINANCING
$ 70,218
SECTION E — REMARKS
(Attach sheets if additional space is required)
10% share of Al eligible costs will be reimbursed by an Arkansas Department of Aeronautics grant.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 6 of 7
Page 21 of 284
OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 6/30/2023
PART IV — PROGRAM NARRATIVE
(Suggested Format)
PROJECT: Wildlife Fence Rehabilitation
AIRPORT: Fayetteville Airport - Drake Field
1. Objective:
This project will rehabilitate inadequate wildlife fencing identified during FYV's 2022 Part 139 inspection.
Approximately 3,500 linear feet of existing barbed wire fence will be replaced with new fencing. New fence material
will be 10 ft wildlife exclusion fencing as identified by the airport's Wildlife Hazard Assessment consultant. The
project also includes fence line clearing and repair of approximately 3,400 linear feet of existing chain link fence to
remain in place.
2. Benefits Anticipated:
The construction of new fence will improve integrity of the airport fence by preventing it from washing out during
storm events and flooding from the White River located on the east and south sides of the airfield. It will increase
safety by preventing identified wildlife from accessing airfield and reducing wildlife hazards.
3. Approach: (See approved Scope of Work in Final Application)
Design and bidding will be completed in FY 2023. Construction will begin in FY 2023.
4. Geographic Location:
4500 South School Ave., Fayetteville, AR 72701-8016
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address & telephone number)
Mr. Jared Rabren, Airport Director
4500 South School Ave.
Fayetteville, AR 72701
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 7 of 7
Page 22 of 284
ITEM SPEC.
NO. NO. DESCRIPTION
FAYETTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
AS -BID BUDGET
ESTIMATED UNIT EXTENDED
UNIT QUANTITY PRICE AMOUNT
1
SS-241-5.1a
Ditch Structure Type A
LF
50
$436.80
$21,840.00
2
SS-241-5.1a
Water Gate Structure Replacement
LS
1
$10,661.63
$10,661.63
3
C-102-5.1
Temporary Erosion Control
LS
1
$10,530.00
$10,530.00
4
C-105-6.1
Mobilization Maximum 5% of Total Bid
LS
1
$14,600.00
$14,600.00
5
P-151-4.1
Clearing and Grubbing
LS
1
$68,569.80
$68,569.80
6
F-164-5.1
10-ft Woven Wire Wildlife Exclusion Fence with
LF
3500
$53.84
$188,440.00
Barbed Wire
7
F-164-5.2
20-ft Manual Double Swing Vehicle Gate
EA
1
$1,687.50
$1,687.50
8
F-164-5.3
Wildlife Fence Removal (Barbed Wire on Wooden
LF
3350
$6.75
$22,612.50
Posts
9
F-162-5.1
Fence Post for Chain Link Fence Repair, Installed
EA
25
$168.75
$4,218.75
10
F-162-5.2
2 x 9 ga Galvanized Fence Fabric for Chain Link
LF
2500
$19.83
$49,575.00
Fence Repair, Installed
11
F-162-5.3
4 Point 12.5 ga Barbed Wire for Chain Link Fence
LF
1500
$8.51
$12,765.00
Repair, Installed
12
F-162-5.4
Miscellaneous Chain Link Fence Repairs
LS
1
$3,037.50
$3,037.50
13
L-119-5.1
Solar Powered L-810(L) Airport Light, Installed on
EA
8
$6,257.55
$50,060.40
Fence
14
010200-1
Bonds and Insurance
LS
1
$17,357.92
$17,357.92
TOTAL AS -BID CONSTRUCTION COST $475,956.00
ADMINISTRATION EXPENSES $1,000.00
ARCHITECTURAL ENGINEERING BASIC FEES
Design Services $21,500.00
Bidding Services $7,500.00
TOTAL ARCHITECTURAL ENGINEERING BASIC FEES $29,000.00
OTHER ARCHITECTURAL AND ENGINEERING FEES $15,000.00
PROJECT INSPECTION FEES
Construction Phase Services $21,000.00
Closeout Services $4,000.00
TOTAL PROJECT INSPECTION FEES $25,000.00
TOTAL ESTIMATED PROJECT COST $545,956,00
TOTAL ESTIMATED PROJECT COST AIP-ELIGIBLE - BASE BID $528,598.68
PROJECT FUNDING - BASE BID
Federal Aviation Administration AIP (90%) $475,738.03
Arkansas Division of Aeronautics (10%) $52,859.00
City of Fayetteville Remainder $17,359.00
TOTAL FUNDING - BASE BID $545 956.00
Page 23 of 284
U.S. Department of Transportation
Federal Aviation Administration
OMB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 6/30/2023
Construction Project Final Acceptance
Airport Improvement Program Sponsor Certification
Sponsor: City of Fayetteville
Airport: Fayetteville Airport - Drake Field
Project Number: 3-05-0020-054-2023
Description of Work: Wildlife Fence Rehabilitation
Application
49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will
comply with the statutory and administrative requirements in carrying out a project under the Airport
Improvement Program. General standards for final acceptance and close out of federally funded
construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The
sponsor must determine that project costs are accurate and proper in accordance with specific
requirements of the grant agreement and contract documents.
Certification Statements
Except for certification statements below marked not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with
all applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The personnel engaged in project administration, engineering supervision, project inspection, and
acceptance testing were or will be determined to be qualified and competent to perform the work
(Grant Assurance).
0 Yes ❑ No ❑ N/A
2. Construction records, including daily logs, were or will be kept by the resident
engineer/construction inspector that fully document contractor's performance in complying with:
a. Technical standards (Advisory Circular (AC) 150/5370-12);
b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and
c. Construction safety and phasing plan measures (AC 150/5370-2).
0 Yes ❑ No ❑ N/A
3. All acceptance tests specified in the project specifications were or will be performed and
documented. (AC 150/5370-12).
0 Yes ❑ No ❑ N/A
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 1 of 3
Page 24 of 284
4. Sponsor has taken or will take appropriate corrective action for any test result outside of
allowable tolerances (AC 150/5370-12).
0 Yes ❑ No ❑ N/A
5. Pay reduction factors required by the specifications were applied or will be applied in computing
final payments with a summary made available to the FAA (AC 150/5370-10).
0 Yes ❑ No ❑ N/A
6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the
following occurrences:
a. Violations of any federal requirements set forth or included by reference in the contract
documents (2 CFR part 200);
b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and
c. Violations of or complaints addressing conformance with Equal Employment Opportunity or
Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26).
Q Yes ❑ No ❑ N/A
7. Weekly payroll records and statements of compliance were or will be submitted by the prime
contractor and reviewed by the sponsor for conformance with federal labor and civil rights
requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5).
❑X Yes ❑ No ❑ N/A
8. Payments to the contractor were or will be made in conformance with federal requirements and
contract provisions using sponsor internal controls that include:
a. Retaining source documentation of payments and verifying contractor billing statements
against actual performance (2 CFR § 200.302 and FAA Order 5100.38);
b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29);
c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29);
and
d. Verification that payments to DBEs represent work the DBE performed by carrying out a
commercially useful function (49 CFR §26.55).
0 Yes ❑ No ❑ N/A
9. A final project inspection was or will be conducted with representatives of the sponsor and the
contractor present that ensure:
a. Physical completion of project work in conformance with approved plans and specifications
(Order 5100.38);
b. Necessary actions to correct punch list items identified during final inspection are complete
(Order 5100.38); and
c. Preparation of a record of final inspection and distribution to parties to the contract
(Order 5100.38);
0 Yes ❑ No ❑ N/A
10. The project was or will be accomplished without material deviations, changes, or modifications
from approved plans and specifications, except as approved by the FAA (Order 5100.38).
0 Yes ❑ No ❑ N/A
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION
page 2 of 3
Page 25 of 284
11. The construction of all buildings have complied or will comply with the seismic construction
requirements of 49 CFR § 41.120.
❑ Yes ❑ No 0 N/A
12. For development projects, sponsor has taken or will take the following close-out actions:
a. Submit to the FAA a final test and quality assurance report summarizing acceptance test
results, as applicable (Grant Condition);
b. Complete all environmental requirements as established within the project environmental
determination (Oder 5100.38); and
c. Prepare and retain as -built plans (Order 5100.38).
Q Yes ❑ No ❑ N/A
13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made
and has submitted or will submit an updated ALP to the FAA no later than 90 days from the
period of performance end date. (49 USC § 47107 and Order 5100.38).
0 Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of , 2023
Name of Sponsor: City of Fayetteville
Name of Sponsor's Authorized Official: Honorable Lioneld Jordan
Title of Sponsor's Authorized Official: Mayor, City of Fayetteville
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION
page 3 of 3
Page 26 of 284
U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Drug -Free Workplace
Airport Improvement Program Sponsor Certification
Sponsor: City of Fayetteville
Airport: Fayetteville Airport - Drake Field
Project Number: 3-05-0020-054-2023
Description of Work: Wildlife Fence Rehabilitation
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements on the drug -free workplace within federal grant programs are
described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a
drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific
assurances on the Drug -Free Workplace Act of 1988.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A statement has been or will be published prior to commencement of project notifying employees
that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against
employees for violation of such prohibition (2 CFR § 182.205).
p Yes ❑ No ❑ N/A
2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established
prior to commencement of project to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
p Yes ❑ No ❑ N/A
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 3
Page 27 of 284
3. Each employee to be engaged in the performance of the work has been or will be given a copy of
the statement required within item 1 above prior to commencement of project (2 CFR § 182.210).
0 Yes ❑ No ❑ N/A
4. Employees have been or will be notified in the statement required by item 1 above that, as a
condition employment under the grant (2 CFR § 182.205(c)), the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction.
p Yes ❑ No ❑ N/A
5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after
receiving notice under item 4b above from an employee or otherwise receiving actual notice of
such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice,
including position title of the employee, to the FAA (2 CFR § 182.300).
p Yes ❑ No ❑ N/A
6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of
receiving a notice under item 4b above with respect to any employee who is so convicted:
a. Take appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; and
b. Require such employee to participate satisfactorily in drug abuse assistance or
rehabilitation programs approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency.
p Yes ❑ No ❑ N/A
7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through
implementation of items 1 through 6 above (2 CFR § 182.200).
p Yes ❑ No ❑ N/A
Site(s) of performance of work (2 CFR § 182.230):
Location 1
Name of Location: Fayetteville Airport - Drake Field
Address: 4500 South School Avenue, Fayetteville, AR 72701-8016
Location 2 (if applicable)
Name of Location:
Address:
Location 3 (if applicable)
Name of Location:
Address:
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION
Page 2 of 3
Page 28 of 284
Attach documentation clarifying any above item marked with a "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of , 2023
Name of Sponsor: City of Fayetteville
Name of Sponsor's Authorized Official: Honorable Lioneld Jordan
Title of Sponsor's Authorized Official: Mayor, City of Fayetteville
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION
Page 3 of 3
Page 29 of 284
U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Equipment and Construction Contracts
Airport Improvement Sponsor Certification
Sponsor: City of Fayetteville, Arkansas
Airport: Fayetteville Airport -Drake Field
Project Number: 3-05-0020-054-2023
Description of Work: Wildlife Fence Rehabilitation
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General procurement standards for equipment and construction contracts within Federal
grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards
applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance
C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders,
policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local
procedures provided the procurement conforms to these federal standards.
This certification applies to all equipment and construction projects. Equipment projects may or may not
employ laborers and mechanics that qualify the project as a "covered contract" under requirements
established by the Department of Labor requirements. Sponsor shall provide appropriate responses to
the certification statements that reflect the character of the project regardless of whether the contract is
for a construction project or an equipment project.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
A written code or standard of conduct is or will be in effect prior to commencement of the project
that governs the performance of the sponsor's officers, employees, or agents in soliciting,
awarding and administering procurement contracts (2 CFR § 200.318).
❑xYes El No El N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 4
Page 30 of 284
2. For all contracts, qualified and competent personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection, and testing
(Grant Assurance C.17).
❑x Yes ❑ No ❑ N/A
3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file
with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and
49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts.
p Yes ❑ No ❑ N/A
4. Sponsors required to have a DBE program on file with the FAA have implemented or will
implement monitoring and enforcement measures that:
a. Ensure work committed to Disadvantaged Business Enterprises at contract award is
actually performed by the named DBEs (49 CFR § 26.37(b));
b. Include written certification that the sponsor has reviewed contract records and has
monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and
c. Provides for a running tally of payments made to DBE firms and a means for comparing
actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)).
❑x Yes ❑ No ❑ N/A
5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was
or will be:
a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of
interested contractors or vendors;
b. Prepared to include a complete, adequate and realistic specification that defines the
items or services in sufficient detail to allow prospective bidders to respond;
c. Publicly opened at a time and place prescribed in the invitation for bids; and
d. Prepared in a manner that result in a firm fixed price contract award to the lowest
responsive and responsible bidder.
❑x Yes ❑ No ❑ N/A
6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR §
200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a
competitive proposal procurement by submitting to the FAA the following:
a. Written justification that supports use of competitive proposal method in lieu of the
preferred sealed bid procurement method;
b. Plan for publicizing and soliciting an adequate number of qualified sources; and
c. Listing of evaluation factors along with relative importance of the factors.
p Yes ❑ No ❑ N/A
7. For construction and equipment installation projects, the bid solicitation includes or will include the
current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part
200, Appendix II).
p Yes ❑ No ❑ N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 4
Page 31 of 284
8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to
contract award under any of the following circumstances (Order 5100.38D):
a. Only one qualified person/firm submits a responsive bid;
b. Award is to be made to other than the lowest responsible bidder; and
c. Life cycle costing is a factor in selecting the lowest responsive bidder.
0 Yes ❑ No ❑ N/A
9. All construction and equipment installation contracts contain or will contain provisions for:
a. Access to Records (§ 200.336)
b. Buy American Preferences (Title 49 U.S.C. § 50101)
c. Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60)
d. Federal Fair Labor Standards (29 U.S.C. § 201, et seq)
e. Occupational Safety and Health Act requirements (20 CFR part 1920)
f. Seismic Safety — building construction (49 CFR part 41)
g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II)
h. U.S. Trade Restriction (49 CFR part 30)
i. Veterans Preference (49 USC § 47112(c))
p Yes ❑ No ❑ N/A
10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the
provisions established by:
a. Davis -Bacon and Related Acts (29 CFR part 5)
b. Copeland "Anti -Kickback" Act (29 CFR parts 3 and 5)
p Yes ❑ No ❑ N/A
11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a
contract provision that discourages distracted driving (E.O. 13513).
❑x Yes ❑ No ❑ N/A
12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable:
a. Construction and equipment installation projects - Applicable clauses from
41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity;
b. Construction and equipment installation - Contract Clause prohibiting segregated facilities
in accordance with 41 CFR part 60-1.8;
c. Requirement to maximize use of products containing recovered materials in accordance
with 2 CFR § 200.322 and 40 CFR part 247; and
d. Provisions that address termination for cause and termination for convenience
(2 CFR Part 200, Appendix II).
❑x Yes ❑ No ❑ N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION
Page 3 of 4
Page 32 of 284
13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g.
checking the System for Award Management) that ensure contracts and subcontracts are not
awarded to individuals or firms suspended, debarred, or excluded from participating in federally
assisted projects (2 CFR parts 180 and 1200).
p Yes ❑ No ❑ N/A
14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include
provisions, as applicable, that address the following:
a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance
bond of 100%, and a payment bond of 100% (2 CFR § 200.325);
b. Construction and equipment installation contracts - requirements of the Contract Work
Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107);
c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II);
d. Conditions specifying administrative, contractual and legal remedies for instances where
contractor of vendor violate or breach the terms and conditions of the contract (2 CFR
§200, Appendix 11); and
e. All Contracts - Applicable standards and requirements issued under Section 306 of the
Clean Air Act (42 USC 7401-7671 q), Section 508 of the Clean Water Act (33 USC
1251-1387, and Executive Order 11738.
p Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of , 2023
Name of Sponsor: City of Fayetteville, Arkansas
Name of Sponsor's Authorized Official: Honorable Lioneld Jordan
Title of Sponsor's Authorized Official: Mayor, City of Fayetteville
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 4 of 4
Page 33 of 284
U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Project Plans and Specifications
Airport Improvement Program Sponsor Certification
Sponsor: City of Fayetteville, Arkansas
Airport: Fayette Airport -Drake Field
Project Number: 3-05-0020-054-2023
Description of Work: Wildlife Fence Rehabilitation
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of
Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable
federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under
AIP. A list of current advisory circulars with specific standards for procurement, design or construction of
airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant
Assurance 34 contained in the grant agreement.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The plans and specifications were or will be prepared in accordance with applicable federal
standards and requirements, so that no deviation or modification to standards set forth in the
advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly
approved by the Federal Aviation Administration (FAA) (14 USC § 47105).
p Yes ❑ No ❑ N/A
2. Specifications incorporate or will incorporate a clear and accurate description of the technical
requirement for the material or product that does not contain limiting or proprietary features that
unduly restrict competition (2 CFR §200.319).
p Yes ❑ No ❑ N/A
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 3
Page 34 of 284
3. The development that is included or will be included in the plans is depicted on the current airport
layout plan as approved by the FAA (14 USC § 47107).
0 Yes ❑ No ❑ N/A
4. Development and features that are ineligible or unallowable for AIP funding have been or will be
omitted from the plans and specifications (FAA Order 5100.38, par. 3-43).
0 Yes ❑ No ❑ N/A
5. The specification does not use or will not use "brand name" or equal to convey requirements
unless sponsor requests and receives approval from the FAA to use brand name (FAA Order
5100.38, Table U-5).
0 Yes ❑ No ❑ N/A
6. The specification does not impose or will not impose geographical preference in their
procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5).
0 Yes ❑ No ❑ N/A
7. The use of prequalified lists of individuals, firms or products include or will include sufficient
qualified sources that ensure open and free competition and that does not preclude potential
entities from qualifying during the solicitation period (2 CFR §319(d)).
0 Yes ❑ No ❑ N/A
8. Solicitations with bid alternates include or will include explicit information that establish a basis for
award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)).
0 Yes ❑ No ❑ N/A
9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering
clause into the contract (FAA Order 5100.38, par. 3-57).
0 Yes ❑ No ❑ N/A
10. The plans and specifications incorporate or will incorporate applicable requirements and
recommendations set forth in the federally approved environmental finding (49 USC §47106(c)).
0 Yes ❑ No ❑ N/A
11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR
§ 41.120. (FAA Order 5100.38d, par. 3-92)
❑ Yes ❑ No 0 N/A
12. The project specification include or will include process control and acceptance tests required for
the project by as per the applicable standard:
a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10.
0 Yes ❑ No ❑ N/A
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3
Page 35 of 284
b. Snow Removal Equipment as contained in AC 150/5220-20.
❑ Yes ❑ No 0 N/A
c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10.
❑ Yes ❑ No 0 N/A
13. For construction activities within or near aircraft operational areas(AOA):
a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming
to Advisory Circular 150/5370-2.
b. Compliance with CSPP safety provisions has been or will be incorporated into the plans
and specifications as a contractor requirement.
c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order
5100.38, Par. 5-29).
0 Yes ❑ No ❑ N/A
14. The project was or will be physically completed without federal participation in costs due to errors
and omissions in the plans and specifications that were foreseeable at the time of project design
(49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100).
0 Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of 2023
Name of Sponsor: City of Fayetteville, Arkansas
Name of Sponsor's Authorized Official: Honorable Lioneld Jordan
Title of Sponsor's Authorized Official: Mayor, City of Fayetteville
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION
Page 3 of 3
Page 36 of 284
U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Selection of Consultants
Airport Improvement Program Sponsor Certification
Sponsor: City of Fayetteville
Airport: Fayetteville Airport -Drake Field
Project Number: 3-05-0020-054-2023
Description of Work: Wildlife Fence Rehabilitation
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements for selection of consultant services within federal grant programs
are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures
provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14,
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative
issues arising out of their procurement actions (2 CFR § 200.318(k)).
p Yes ❑ No ❑ N/A
2. Sponsor procurement actions ensure or will ensure full and open competition that does not
unduly limit competition (2 CFR § 200.319).
p Yes ❑ No ❑ N/A
3. Sponsor has excluded or will exclude any entity that develops or drafts specifications,
requirements, or statements of work associated with the development of a request -for -
qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319).
p Yes ❑ No ❑ N/A
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 3
Page 37 of 284
4. The advertisement describes or will describe specific project statements -of -work that provide
clear detail of required services without unduly restricting competition (2 CFR § 200.319).
p Yes ❑ No ❑ N/A
5. Sponsor has publicized or will publicize a RFQ that:
a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and
b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)).
0 Yes ❑ No ❑ N/A
6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged
business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)).
p Yes ❑ No ❑ N/A
7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to
individuals or firms suspended, debarred or otherwise excluded from participating in federally
assisted projects (2 CFR §180.300).
p Yes ❑ No ❑ N/A
8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date
of selection (AC 150/5100-14); and
b. Retain the right to conduct new procurement actions for projects identified or not
identified in the RFQ (AC 150/5100-14).
0 Yes ❑ No ❑ N/A
9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as
most qualified for the services identified in the RFQ (2 CFR § 200.323).
0 Yes ❑ No ❑ N/A
10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately
from costs associated with eligible work (2 CFR § 200.302).
p Yes ❑ No ❑ N/A
11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the
procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)).
p Yes ❑ No ❑ N/A
12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant
contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II)
p Yes ❑ No ❑ N/A
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION
Page 2 of 3
Page 38 of 284
13. For contracts that apply a time -and -material payment provision (also known as hourly rates,
specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. Justification that there is no other suitable contract method for the services (2 CFR
§200.318(j));
b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and
c. A high degree of oversight that assures consultant is performing work in an efficient
manner with effective cost controls in place 2 CFR §200.318(j)).
p Yes ❑ No ❑ N/A
14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract
method. (2 CFR § 200.323(d)).
p Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
Executed on this day of , 2023
Name of Sponsor: City of Fayetteville, Arkansas
Name of Sponsor's Authorized Official: Honorable Lioneld Jordan
Title of Sponsor's Authorized Official: Mayor, City of Fayetteville
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION
Page 3 of 3
Page 39 of 284
U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Certification and Disclosure Regarding Potential Conflicts of Interest
Airport Improvement Program Sponsor Certification
Sponsor: City of Fayetteville, Arkansas
Airport: Fayetteville Airport -Drake Field
Project Number: 3-05-0020-054-2023
Description of Work: Wildlife Fence Rehabilitation
Application
Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for
conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors
must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following
have a financial or other interest in the firm selected for award:
a) The employee, officer or agent,
b) Any member of his immediate family,
c) His or her partner, or
d) An organization which employs, or is about to employ, any of the above.
Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the
certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully
comply with the certification statement. If "No" is selected, provide support information explaining the
negative response as an attachment to this form. This includes whether the sponsor has established
standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR §
200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification
statement focus area, but no later than the end of the project period of performance.
Certification Statements
The sponsor or sub -recipient maintains a written standards of conduct governing conflict of
interest and the performance of their employees engaged in the award and administration of
contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such
standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of
such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by
contractors or their agents.
p Yes ❑ No
FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 2
Page 40 of 284
2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or
accept gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties to sub -agreements (2 CFR § 200.318(c)).
Z Yes ❑ No
3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any
known potential conflict of interest (2 CFR § 1200.112).
❑x Yes ❑ No
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have the explanation for any item marked "no" is correct and complete.
Executed on this day of 2023
Name of Sponsor: City of Fayetteville, Arkansas
Name of Sponsor's Authorized Official: Honorable Lioneld Jordan
Title of Sponsor's Authorized Official: Mayor, City of Fayetteville
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION
Page 2 of 2
Page 41 of 284
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
* APPLICANT'S ORGANIZATION
City of Fayetteville, Arkansas
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: Mr. ' First Name: Lioneld Middle Name:
* Last Name: Jordan Suffix:
* Title: I Mayor
* SIGNATURE: * DATE:
Page 42 of 284
ENGINEERING SERVICES RECORD OF NEGOTIATION
Fayetteville — Drake Field
FYV Wildlife Fence Rehabilitation (Design and Construction)
Anticipated A.I.P. Grant: 3-05-0020-054-2023
• On September 22, 2022, the airport requested a scope of services from Garver for a FYV
Wildlife Fence Rehabilitation project.
• On October 5, 2022, Garver sent a scope of services for the FYV Wildlife Fence Rehabilitation
project to the City of Fayetteville. The Airport approved the scope of services.
• On October 24, 2022, Garver submitted an engineering contract to the airport for review. The
contract was reviewed by the Airport's Attorney. In addition, airport staff performed a cost
analysis of the engineering contract. The engineering contract was compared to other work
completed by the Airport of similar scope per section 2.13.3 of FAA AC 150/5100-14E. The
engineering contract was determined to be fair and reasonable. A copy of the contract
submission is included in the grant application.
On June 2, 2023, Garver submitted a contract amendment for additional engineering services
completed to the airport for review. The contract was reviewed by the Airport's Attorney. In
addition, airport staff performed a cost analysis of the engineering contract. The engineering
contract was compared to other work completed by the Airport of similar scope per section
2.13.3 of FAA AC 150/5100-14E. The engineering contract amendment was determined to be
fair and reasonable. A copy of the contract amendment is included in the grant application.
• The negotiations were conducted in good faith to ensure the fees are fair and reasonable.
Page 43 of 284
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 286-22
File Number: 2022-1052
GARVER, LLC TASK ORDER NO.5 WILDLIFE FENCE REHABILITATION
PROJECT:
A RESOLUTION TO APPROVE TASK ORDER NO. 5 WITH GARVER, LLC IN THE
AMOUNT OF $54,000.00 FOR DESIGN, BIDDING AND CONSTRUCTION PHASE
SERVICES ASSOCIATED WITH THE WILDLIFE FENCE REHABILITATION PROJECT AT
DRAKE FIELD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$5,400.00, 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 Mayor Jordan
to sign Task Order No. 5 with Garver, LLC in the amount of $54,000.00 for design, bidding and
construction phase services associated with the Wildlife Fence Rehabilitation Project at Drake Field,
and further approves a project contingency in the amount of $5,400.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 12/6/2022
Page 1 Printed on 1217122
Page 44 of 284
Resolution: 286-22
File Number: 2022-1052
Page 2
Attest:
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Kara Paxton, City Clerk Treasurer may. y
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Printed on 12/7/22
Page 45 of 284
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-1052
Agenda Date: 12/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.17
GARVER, LLC TASK ORDER NO.5 WILDLIFE FENCE REHABILITATION PROJECT:
A RESOLUTION TO APPROVE TASK ORDER NO. 5 WITH GARVER, LLC IN THE AMOUNT OF
$54,000.00 FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES ASSOCIATED
WITH THE WILDLIFE FENCE REHABILITATION PROJECT AT DRAKE FIELD, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $5,400.00, 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 Mayor Jordan to sign
Task Order No. 5 with Garver, LLC in the amount of $54,000.00 for design, bidding and construction phase
services associated with the Wildlife Fence Rehabilitation Project at Drake Field, and further approves a
project contingency in the amount of $5,400.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas
Page 1
Printed on 121712022
Page 46 of 284
Jared Rabren
Submitted By
City of Fayetteville Staff Review Form
2022-1052
Legistar File ID
12/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/15/2022 AIRPORT SERVICES (760)
Submitted Date Division / Department
Action Recommendation:
Staff requests approval for the Aviation Division to execute Task Order 05 in the amount of $54,000 for Garver, LLC
to complete design, bidding, and construction phase services for the proposed Wildlife Fence Rehabilitation
project at Fayetteville — Drake Field Airport, approve project contingency of $5,400, and to approve a budget
adjustment.
Budget Impact:
5550.760.3960-5860.02
Airport
Account Number
Fund
32206.2022
Airport Wildlife Fence Rehab
Project Number
Project Title
Budgeted Item? No
Current Budget
$ -
Funds Obligated
$ -
Current Balance
Does item have a cost? Yes
Item Cost
$ 54,000.00
Budget Adjustment Attached? Yes
Budget Adjustment
$ 59,400.00
Remaining Budget
5,400.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 47 of 284
CITY OF
FAYETTEVILLE
%OF ARKANSAS
MEETING OF DECEMBER 6, 2022
TO: Lioneld Jordan, Mayor AND City Council
THRU: Susan Norton, Chief of Staff
Terry Gulley, Assistant Public Works Director
FROM: Jared Rabren, Airport Director
DATE: November 15, 2022
CITY COUNCIL MEMO
SUBJECT: FYV Wildlife Fence Rehabilitation — Engineering Service Task Order (Garver)
RECOMMENDATION:
Staff requests approval for the Aviation Division to execute Task Order 05 in the amount of $54,000 for
Garver, LLC to complete design, bidding, and construction phase services for the proposed Wildlife Fence
Rehabilitation project at Fayetteville — Drake Field Airport, approve project contingency of $5,400, and to
approve a budget adjustment.
BACKGROUND:
The airport's most recent FAA Part 139 inspection identified deficiencies with the existing wildlife fencing
located south and east of the runway. Approximately 3,500 linear feet of existing barbed wire fence
construction is non -compliant and must be replaced to meet FAA standards. Fence line clearing and
localized repairs are necessary for an additional 3,400 linear feet of existing chain link fence to remain in
place. Rehabilitation of the wildlife fencing will increase airport safety by reducing the potential for wildlife
hazards.
DISCUSSION:
Approval of Task Order 05 will authorize Garver to proceed with design services and bidding services.
The project is expected to advertise for bids in Spring 2023. Upon receipt of bids, Garver, in collaboration
with the Aviation Division, will prepare an FAA AIP grant application that will be submitted for signature of
the Mayor. The AIP grant will cover 90% of the project costs, with the remaining 10% to be funded through
an Arkansas Department of Aeronautics (ADA) grant at the completion of the project.
Upon receipt of an FAA grant offer in Spring 2023, the Airport Division will seek approval from the Council
to execute the grant offer and execute a construction contract with the lowest responsive and responsible
bidder. Below is a summary of the anticipated project costs and funding breakdown. All costs associated
with this task order are included in the total project cost.
Administration and Other Costs (Estimated) $5, 000
Engineering Services: $54,000.00 FAA: $318,600.00
Construction (Estimated): $295,000.00 ADA: $35,400.00
TOTAL: $354,000.00 TOTAL: $354,000.00
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 48 of 284
BUDGET/STAFF IMPACT:
The Aviation Division may expend up to $59,400 of its fund balance reserve. This amount includes $48,600
for cash -flow to cover the FAA's 90% share until reimbursement in Summer 2023, $5,400 for cash -flow to
cover the ADA's 10% share until reimbursement at the end of the project, and a 10% project contingency
of $5,400.
Attachments:
Staff Review Form
City Council Memo
Garver Task Order 05
BA
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 49 o�284
APPENDIX A-05
TASK ORDER 05
FAYETTEVILLE — DRAKE FIELD AIRPORT
WILDLIFE FENCE REHABILITATION
This TASK ORDER is made as of (/e(',ph,( f�ti� 11 , 2022 by and between the CITY
OF FAYETTEVILLE of Fayetteville, Arkansas hereinafter referred to as "CITY OF FAYETTEVILLE," and
GARVER, LLC, hereinafter referred to as "GARVER", in accordance with the provisions of the
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES executed on November 17, 2020.
Under this Task Order, the CITY OF FAYETTEVILLE intends to make the following improvements for the
FYV Wildlife Fencing Rehabilitation project.
Improvements will consist primarily of rehabilitation of existing wildlife fencing south and
east of Runway 16-34.
GARVER will provide professional services related to these improvements as described herein.
SECTION 1- SCOPE OF SERVICES
GARVER will provide services as detailed in Exhibit A-05.
SECTION 2 — PAYMENT
For the work described under SECTION 1 - SCOPE OF SERVICES, the CITY OF FAYETTEVILLE will
pay GARVER on a lump sum basis and cost-plus basis.
The table below presents a summary of the fee amounts and fee types for this contract.
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
Design Services
$21,500
Lump Sum
Bidding Services
$7,500
Lump Sum
Construction Phase Services
$21,000
Cost + FF
Project Closeout
$4,000
Lump Sum
TOTAL FEE
S54,000
Design Services, Bidding Services & Project Closeout:
The CITY OF FAYETTEVILLE will pay GARVER the lump sum amount not to exceed $33,000. For
informational purposes, a breakdown of GARVER's estimated costs is included in Exhibit B-05 with
approximate current hourly rates for each employee classification.
Construction Phase Services:
The CITY OF FAYETTEVILLE will pay GARVER, for time spent on the project, at the unburdened hourly
payroll rate of each of GARVER's personnel during the performance of these services for work time
directly connected with the project, plus payroll and general overhead costs of 191.01% of the unburdened
Task Order 05 1 of 2
FYV Wildlife Fence Rehabilitation Garver Project No. 22AI3211
Page 50 of 284
hourly rate, plus direct reimbursable expenses normal and necessary for the completion of the project, plus
a fixed fee of $2,739.13. Estimated cost of these services, including the fixed fee is $21,000. The actual
total fee may not exceed this estimate without prior approval from the CITY OF FAYETTEVILLE. For
informational purposes, a breakdown of GARVER's estimated costs is included in Exhibit B-05 with
approximate current hourly rates for each employee classification. Underruns in any phase may be used to
offset overruns in another phase as long as the overall contract amount is not exceeded.
Expenses other than salary costs that are directly attributable to performance of our professional services
will be billed as follows:
1. Direct cost for travel, long distance and wireless communications, outside reproduction and
presentation material preparation, and mail/courier expenses.
2. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc.
3. The amount allowed by the federal government for mileage with an additional $0.05 for survey
trucks/vans.
Additional Services (Extra Work). For work not described or included in Section 1— Scope of Services but
requested by the CITY OF FAYETTEVILLE in writing, the CITY OF FAYETTEVILLE will pay
GARVER, for time spent on the project, at the rates shown in Exhibit B-05 for each classification of
GARVER's personnel, plus overhead, plus 15% profit, plus reimbursable expenses including but not
limited to printing, courier service, reproduction, and travel.
SECTION 3 —EXHIBITS
3.1 The following Exhibits are attached to and made apart of this Agreement:
3.1.1 Exhibit A-05 Scope of Services
3.1.2 Exhibit B-05 Manhour Tables
3.1.3 Exhibit C-05 Project Exhibit
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
Approval and acceptance of this Task Order, including attachments listed in SECTION 3 —EXHIBITS,
shall incorporate this document as part of the Agreement. Garver is authorized to begin performance upon
receipt of a copy of this Task Order signed by the CITY OF FAYETTEVILLE. The effective date of this
Task Order shall be the last date written below.
CITY OFF YETTEVILLE, ARKANSAS GARVER
By . ✓�1 By:
Ma r, Lion'
J
\_ER'K
ATTEST: �'. CI T y r�F'�i
By: ��: �qY"r% Tiile.a Senior Projcct Manaser
City Clerk T!'e_a6cut"e; �, l'/C(�
a
Task Order 05
FYV Wildlife Fence Rehabilitation Garver Projcct No. 22A 13211
Page 51 of 284
GARVER
EXHIBIT A-05
(SCOPE OF SERVICES)
Generally, the Scope of Services includes the following professional services for the Wildlife Fencing
Rehabilitation project at Fayetteville — Drake Field Airport. Improvements will consist primarily of
rehabilitating inadequate wildlife fencing identified during the airport's most recent FAA Part 139
inspection. The scope of this rehabilitation project is expected to include replacing approximately 3,500
linear feet of existing barbed wire fence, fence line clearing, and localized repairs to approximately
3,400 linear feet of existing chain link fence to remain in place. Anticipated project scope and
improvements are as shown in Exhibit C-05.
• Design Services
o 90% Final Design
0 100% Issued for Bid
• Bidding Services
• Construction Phase Services
• Project Closeout Services
1. DESIGN SERVICES
1.1. General: Garver will prepare detailed construction drawings, specifications, instructions to
bidders, and general provisions and special provisions, all based on guides furnished to
Garver by the Owner and FAA, or internally developed by Garver. Contract Documents (Plans,
Specifications, and Estimates) will be prepared for award of one (1) construction contract.
These designs shall conform to the standards of practice ordinarily used by members of
Garver's profession practicing under similar conditions and shall be submitted to the FAA
office from which approval must be obtained.
1.2. Owner / Agency Coordination:Garver's project manager and/or design team will coordinate
with the Owner as necessary to coordinate design decisions, site visits, document
procurement, or other design needs.
1.3. Quality Control
1.3.1.Garver will develop a project specific quality control plan. The quality control plan will
include the project background and scope, stakeholder contact information, project team
and roles, design criteria, project schedule, and quality control procedures.
1.3.2.Garver will complete a quality control review prior to any design submission to Owner
and/or FAA. QC reviews will be completed by a project manager. Weekly internal
progress meetings will be held during all design phases to ensure adequate quality
control throughout the design phases.
1.3.3.Garver will coordinate and complete documentation for submission to FAA to receive
environmental clearance for the project. Documentation may include that required by the
documented CATEX questionnaire of FAA SOP 5.0.
1.4. Airspace Analysis: Garver will prepare and submit the project to the FAA for permanent
airspace clearance on the Obstruction Evaluation and Airport Airspace Analysis (OE/AAA)
website and coordinate with FAA representatives.
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 52 of 284
GARVER
1.5. Construction Safety and Phasing Plan
1.5.1.Garver will develop a construction safety and phasing plan (CSPP) for the project. During
development of the CSPP, Garver will hold a meeting with Airport staff and other
stakeholders at the Airport's request to obtain feedback regarding operations during each
proposed phase of construction.
1.5.2.After receiving comments from the meeting, Garver will develop a preliminary CSPP for
the Owner's review prior to submission to the FAA. After incorporating Owner comments,
the CSPP will be submitted to FAA for review through the OE/AAA website.
1.6. Existing Conditions Review
1.6.1.Record Document Review: Garver will review record document data from the vicinity of
the construction site to evaluate existing conditions. Record document data may include
record drawings, record surveys, utility maps, GIS data, and previous design reports.
1.6.2.Site Visits: Garver's civil engineers will perform up to two (2) site visits to the project site
to review existing conditions and evaluate survey and record document data.
1.7. Plan Set Development
The following matrix details the plan drawings to be included in each design submittal.
Plan Set
Design Phase
90%
Final
100%
Issued for Bid
Cover Sheet
X
X
General Notes
X
X
Project Layout and Survey Control Plan
X
X
Construction Safety Plans
X
X
Construction Safety Details
X
X
Fencing Plans
X
X
Fencing Details
X
X
1.8. Specifications and Contract Documents
1.8.1. Technical Specifications: Detailed specifications shall be developed using FAA
"Standards for Specifying Construction for Airports" AC 150/5370-10 (latest edition) or
other appropriate standards approved for use by the FAA. Additional supplementary
specifications will be developed for project requirements not covered by FAA
AC150/5370-10 or when state or local standards are approved by the FAA.
1.8.2. Construction Contract Documents: Garver will develop construction contract
documents based on EJCDC standards. A specimen copy of the General Provisions
and applicable prevailing wage rates will be obtained by Garver from the FAA and/or
Department of Labor as appropriate for incorporation into the specifications for the
proposed project. Final construction contract documents will be submitted to the Owner
for final review and approval.
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 53 of 284
GARVER
1.9. Quantities and Engineer's Opinion of Probable Cost: Garver will develop detailed quantities
in PDF format for use in construction cost estimating for each design phase. Quantities will be
completed by pay item. Upon the completion of quantity development, Garver will review
previous cost data and market conditions and complete an Engineer's Opinion of Probable
Cost.
1.10 Design Services Submission and Meeting Summary: The following design submittal phases
shall be included in the fee summary. A summary of each design phase and the associated
review meetings is included below.
1.10.1 90% Final Design
1.10.1.1 Garver will develop 90% final design plans, specifications, and engineer's
report and submit these to the Owner and FAA for review. It is anticipated that
the Owner will review the design submission within two weeks.
1.10.1.2 At the completion of the Owner review period, Garver will meet with the Owner
to review the 90% final design plans and specifications and to receive Owner
comments and direction.
1.1.1. 100% Issued for Bid (IFB): Garver will develop 100% IFB plans and specifications
and submit these to the Owner for review. It is anticipated that the Owner will review
the IFB submission within two weeks.
2. BIDDING SERVICES
2.1. Bidding. Garver will assist the Owner in advertising for and obtaining bids or negotiating
proposals for one prime contract for construction, materials, equipment and services; and,
where applicable, maintain a record of prospective bidders to whom Bidding Documents have
been issued and attend a pre -bid conference. The Owner will pay advertising costs outside of
this contract.
2.2. Garver will issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents. Garver will consult with and advise the Owner as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for those portions of the work as to which such
acceptability is required by the Bidding Documents. Garver will consult with the Owner
concerning the acceptability of substitute materials and equipment proposed by Contractor(s)
when substitution prior to the award of contracts is allowed by the Bidding Documents.
2.3. Garver will attend the bid opening, prepare a bid tabulation, and assist the Owner in evaluating
bids or proposals and in assembling and awarding contracts for construction, materials,
equipment, and services. Garver will assist the Owner in the execution of all contract
documents and furnish a sufficient number of executed documents for the Owner, Contractor
and FAA.
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 54 of 284
GARVER
3. CONSTRUCTION PHASE SERVICES
3.1. During the construction phase of work, Garver will accomplish the tasks below.
3.2. Issued for Construction (IFC) Documents
3.2.1. Garver will compile bid addend ums and any other necessary plan changes due to post -
bid project updates and/or funding changes into a final Issued for Construction (IFC) set
of plans and specifications.
3.3. Submittals
3.3.1. Garver will evaluate and respond to construction material submittals and shop drawings.
Corrections or comments made by Garver on the shop drawings during this review will
not relieve Contractor from compliance with requirements of the drawings and
specifications. The check will be for review of general conformance with the design
concept of the project and general compliance with the information given in the contract
documents. The Contractor will be responsible for confirming and correlating all
quantities and dimensions, selecting fabrication processes and techniques of
construction, coordinating his work with that of all other trades, and performing his work
in a safe and satisfactory manner. Garver's review shall not constitute approval of safety
precautions or constitute approval of construction means, methods, techniques,
sequences, procedures, or assembly of various components. When certification of
performance characteristics of materials, systems or equipment is required by the
Contract Documents, either directly or implied for a complete and workable system,
Garver shall be entitled to rely upon such submittal or implied certification to establish
that the materials, systems or equipment will meet the performance criteria required by
the Contract Documents.
3.4. Notice to Proceed & Preconstruction Meeting
3.4.1. Garver will issue a Notice to Proceed letter to the Contractor and attend preconstruction
meeting. Garver will provide meeting minutes for submission to all parties at the
conclusion of the meeting.
3.5. Progress Meetings
3.5.1. As a minimum, Garver's Project Manager, Project Engineer, or Resident Project
Representative (RPR) will attend weekly progress meetings with the Owner and
Contractor. It is expected that 2 meetings will be held on -site. To the extent possible,
progress meetings and visits to the site of the work should be scheduled to coincide
with each new phase of construction, scheduled FAA inspections, and other times when
Garver's presence is desirable. Garver's project engineer or his qualified representative
will be available at all times work is in progress for telephone contact by the RPR.
Garver's project engineer shall direct, supervise, advise, and counsel the Resident
Project Representative and construction observation personnel in the accomplishment
of Garver's duties. Garver will prepare for and attend any utility pre -construction
meetings as required.
3.6. Owner Coordination
3.6.1. Garver will consult with and advise the Owner during the construction period. Garver
will submit, when requested by the Owner, written reports to the Owner on the progress
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 55 of 284
GARVER
of the construction including any problem areas that have developed or are anticipated
to develop. In addition, Garver shall supply to Owner such periodic reports and
information as may be required by the FAA, including FAA Form 5370-1, Construction
Progress and Inspection Report, or equivalent form to the Owner on a weekly basis.
3.7. RFIs
3.7.1. Garver will issue instructions to the Contractor on behalf of the Owner and issue
necessary clarifications (respond to RFIs) regarding the construction contract
documents.
3.8. Progress Payments
3.8.1. Garver will prepare Contractor's progress payment requests based on the actual
quantities of contract items completed and accepted and will make a recommendation
to the Owner regarding payment. Garver's recommendation for payment shall not be a
representation that Garver has made exhaustive or continuous inspections to (1) check
the quality or exact quantities of the Work; (2) to review billings from Subcontractors
and material suppliers to substantiate the Contractor's right to payment; or (3) to
ascertain how the Contractor has used money previously paid to the Contractor.
3.9. Payroll Reviews
3.9.1. Garver will assist the Owner in the observation of the Contractor's operations for proper
classification of workers, review of the Contractor's payroll as necessary to determine
compliance with Davis Bacon requirements, and conduct contractor employee
interviews to determine compliance with Davis Bacon requirements. Garver will keep
the Contractor's payroll records on file demonstrating compliance with the Davis Bacon
requirements. In addition, Garver will monitor the contractor's posting of the required
EEO notice and provide general oversight of any obvious instance of a segregated
workplace. Garver will submit Contractor's certified payroll records to Owner at the
completion of the project.
3.10. DBE Compliance
3.10.1. Garver will assist the Owner in the review of the Contractor's compliance with the DBE
goals established during bidding including preparing the monthly DBE payment log.
3.11. Record Drawings
3.11.1. Garver will maintain a set of working drawings and provide information for preparation
of record drawings of the completed project. This information will be incorporated into
final record drawings completed as part of Closeout Services and final record drawings
will be provided to the Owner after project completion.
3.12. Change Orders
3.12.1. When authorized by the Owner, Garver will prepare change orders or supplemental
agreements for changes in the work from that originally provided for in the construction
contract documents. If redesign or substantial engineering or surveying is required in
the preparation of these change order documents, the Owner will pay Garver an
additional fee to be agreed upon by the Owner and Garver.
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 56 of 284
GARVER
3.13. Final Inspection
3.13.1. Garver will participate in a pre -final walkthrough with the Owner. Garver will also
participate in a final project inspection with the Owner and Contractor, prepare a punch
list, review final project closeout documents, and submit the final pay request.
3.14. Resident Project Representative Services
3.14.1. Garver will provide part-time Resident Project Representative (RPR) services for the
60-calendar-day construction contract performance time. The proposed fee is based on
approximately 10 hours per week during the construction contract performance time for
the RPR. If the construction time extends beyond the time established in this agreement
or if the Owner wishes to increase the time or frequency of the observation, the Owner
will pay Garver an additional fee agreed to by the Owner and Garver. All RPR personnel
shall have the appropriate experience and qualifications.
3.14.2. During the construction period, Garver's RPR will provide or accomplish the following:
• Consult with and advise the Owner during the construction period. Garver will
submit, when requested by the Owner, written reports to the Owner on the progress
of the construction including any problem areas that have developed or are
anticipated to develop. In addition, Garver shall supply to the Owner such periodic
reports and information as may be required by the FAA
• As necessary, conduct safety meetings with the Contractor.
• Perform intermediate inspections in advance of the final inspection.
• Maintain a file of quantities incorporated into the work, test reports, certifications,
shop drawings and submittals, and other appropriate information.
• In accordance with FAA AC 150/5370-12A, maintain a project diary which will
contain information pertinent to each site visit.
• Monitor the contractor's conformance to the approved construction safety and
phasing plan.
• Prepare a Construction Materials Quality Control Summary. At a minimum, the
summary shall include a list of all tests performed showing the date, location, pass
or fail, results of retests, and whether the test is eligible or ineligible under the A.I.P.
program.
3.14.3.In performing construction observation services, Garver will endeavor to protect the
Owner against defects and deficiencies in the work of the Contractor(s); but Garver
does not guarantee the performance of the Contractor(s), nor is Garver responsible for
the actual supervision of construction operations. Garver does not guarantee the
performance of the contracts by the Contractors nor assume any duty to supervise
safety procedures followed by any Contractor or subcontractor or their respective
employees or by any other person at the job site. However, if at any time during
construction Garver observes that the Contractor's work does not comply with the
construction contract documents, Garver will notify the Contractor of such non-
compliance and instruct him to correct the deficiency and/or stop work, as appropriate
for the situation. Garver will also record the observance, the discussion, and the actions
taken. If the Contractor continues without satisfactory corrective action, Garver will
notify the Owner immediately, so that appropriate action under the Owner's contract
with the Contractor can be taken.
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 57 of 284
GARVER
4. PROJECT CLOSEOUT SERVICES
4.1. At the conclusion of construction, Garver will assist the Owner with project closeout by
providing a final project report which will include all necessary documents required for FAA
grant closeout. Closeout documentation will be provided within 60 days of the final payment
to the Contractor.
5. PROJECT DELIVERABLES
5.1. The following deliverables will be submitted to the parties identified below. Unless otherwise
noted below, all deliverables shall be electronic.
• 90% Final Design Plans and Specifications to the Owner and FAA.
• 100% Issued for Bid Plans and Specifications to the Owner and FAA.
• Issued for Construction Plans and Specifications to the Owner, Contractor, and FAA.
o One hard copy to the Contractor
o One digital copy to the FAA
• Approved submittals to the Contractor.
• Record Plans and Specifications to the Owner and FAA.
o One hard copy to the Owner.
• Other electronic files as requested.
6. ADDITIONAL SERVICES
6.1. The following items are not included under this agreement but will be considered as additional
services to be added under Amendment if requested by the Owner.
• Redesign for the Owner's convenience or due to changed conditions after previous
alternate direction and/or approval.
• Deliverables beyond those listed herein.
• Boundary survey to set property lines. Proposed fence will be installed along the existing
fence line.
• Design of any utility relocation.
• Engineering, architectural, or other professional services beyond those listed herein.
• Retaining walls or other significant structural design.
• Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction
contract documents will require the Contractor to prepare, maintain, and submit a SWPPP
to ADEQ.
• Environmental Handling and Documentation, including wetlands identification or mitigation
plans or other work related to environmentally or historically (culturally) significant items.
• Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR.
• Services after construction, such as warranty follow-up, operations support, and Part 139
inspection support.
7. SCHEDULE
7.1. Garver shall begin work under this Agreement upon execution of this Agreement and shall
complete the work within a mutually agreeable schedule with the Owner.
Exhibit A — Scope of Services
FYV Wildlife Fencing Rehabilitation
Garver Project No. 22A13211
Page 58 of 284
Exhibit B-05
FAYETTTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
Design Services
WORK TASK DESCRIPTION
E-4
E-3
E-2
E-1
D-2
D-1
T-1
hr
hr
hr
hr
hr
hr
hr
Civil Engineering
Coordination with Client
2
2
Internal Weekly Progress Meetings
2
4
4
CATEX
1
DBE Goal Update
1
CSPP Submission to FAA Through OEAAA
1
2
Record Document Review
1
2
Site Visits
4
Final Plans
Cover Sheet
1
1
General Notes
1
2
Project Layout and Survey Control Plan
1
2
5
Construction Safety Plans
2
6
6
Construction Safety Details
1
6
6
Fencing Plans
2
6
8
Fencing Details
2
4
8
Construction Contract Documents and Specifications
6
8
Project Quantities and Opinion of Probable Construction Costs
4
4
1
Quality Control (QC) Review
8
8
2
Incorporate Final (Owner/FAA) Review Comments
2
4
u tota - rvi ngmeermg
40
0
0
60
0
0
43
Hours 40 0 0 60 0 0 43
SUBTOTAL - SALARIES: $6,372.24
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD: $12,171.62
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$101.80
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Computer Modeling/Software Use
$0.00
Travel Costs
$50.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $151.80
SUBTOTAL:
$18, 695.66
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE
$2,804.35
TOTAL FEE:
$21,500.00
Page 59 of 284
Exhibit B-05
FAYETTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
Bidding Services
WORK TASK DESCRIPTION
E-4
E-3
E-2
E-1
D-2
D-1
T-1
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Dispense Plans and Specs to Prospective Bidders
1
2
Addendums/Inquiries
2
2
4
Attend Pre -Bid Meeting
3
4
Bid Opening
4
3
Prepare Bid Tabulation
2
Award
1
4
Prepare Contract Documents
1
2
2
Draft and Submit FAA Grant Application
4
4
1
Subtotal - Civil Engineering
16
0
0
23
0
0
7
Hours
16 0
SUBTOTAL - SALARIES:
$2,209.46
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
$4,220.29
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$41.99
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Travel Costs
$50.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $91.99
SUBTOTAL:
SUBCONSULTANTSFEE:
$6,521.74
$0.00
PROFESSIONAL FEE $978.26
TOTAL FEE: $7,500.00
0 23 0
0 7
Page 60 of 284
Exhibit B-05
FAYETTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
Construction Phase Services
WORK TASK DESCRIPTION
E-4
E-3
E-2
E-1
C-3
C-2
C-1
hr
hr
hr
hr
hr
hr
hr
1. Construction Administration
Prepare IFC Plans and Specs and submit to
Contractor
1
2
Prepare and Distribute Notice To Proceed
1
1
Preconstruction Meeting
2
2
Progress Meetings
4
Monthly Pay Requests
2
4
Shop Drawings/Submittal Review & Responses
2
4
Response to Contractor and RPR Inquiries
2
4
Certified Payroll Reviews
2
2
DBE Compliance
2
2
Final Inspection and Punchlist
4
4
Subtotal - Construction Administration
22
0
0
25
0
0
0
2. Construction Observation
Resident Construction Observation (8 weeks @ 10
hrs/week)
80
[�u ta - onstruction Administration
0
0
0
0
0
80
0
Hours 22 0
SUBTOTAL - SALARIES: $6,162.02
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD: $11,770.07
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$38.78
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Computer Modeling/Software Use
$0.00
Locator/Tracer/Thermal Imager Equipment
$0.00
Travel Costs (20 Trips @ 25mi/trip)
$290.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $328.78
SUBTOTAL: $18,260.87
SUBCONSULTANTS FEE: $0.00
PROFESSIONAL FEE $2,739.13
TOTAL FEE: $21,000.00
0 25 0 80 0
Page 61 of 284
Exhibit B-05
FAYETTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
Project Closeout Services
WORK TASK DESCRIPTION
E-4
E-3
E-2
E-1
C-3
C-2
C-1
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Prepare and Submit Final Reconciliation Change Order
1
2
FAA Closeout Documents
6
1
1
10
Final Record Drawings
1
4
__S_u5Fo_ta_F-_MviI Engineering
8
0
0
16
0
0
0
Hours
8 0 0
SUBTOTAL - SALARIES:
$1,185.76
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
$2,264.92
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$27.58
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Travel Costs
$0.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$27.58
SUBTOTAL:
SUBCONSULTANTS FEE:
$3,478.26
$0.00
PROFESSIONAL FEE $521.74
TOTAL FEE: $4,000.00
16 0 0 0
Page 62 of 284
Page 63 of 284
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
AIRPORT SERVICES (760)
2022 /Org2
Requestor: Dee McCoy
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff requests approval for the Aviation Division to execute Task Order 05 in the amount of $54,000 for Garver, LLC to
complete design, bidding, and construction phase services for the proposed Wildlife Fence Rehabilitation project at
Fayetteville — Drake Field Airport, approve project contingency of $5,400, and to approve a budget adjustment.
RESOLUTION/ORDINANCE
COUNCIL DATE: 12/6/2022
LEGISTAR FILE ID#: 2022-1052
KeA1&yvSpr r
1111612022 2:07 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
59,400 59,400
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20221019
Account Name
5550.760.3960-5860.02
54,000 -
32206 2022 EX
Capital Prof Svcs - Engineering/Architectu
5550.760.3960-5911.99
5550.760.3940-4999.99
5,400
- 59,400
32206 2022 EX
RE
Contingency - Capital Project
Use Fund Balance - Current
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\12-06-22\2022-1052 BA Garver Airport Wildlife Fence Rehab.xlsm 1 of 1
Page 64 of 284
TASK ORDER 05
FAYETTEVILLE — DRAKE FIELD AIRPORT
WILDLIFE FENCE REHABILITATION
TASK ORDER 05 AMENDMENT NO. 01
ADDITIONAL DESIGN SERVICES — ENVIRONMENTAL SERVICES
This TASK ORDER 05 AMENDMENT 01, effective on the date last written below, shall amend the original
task order between the CITY OF FAYETTEVILLE and GARVER, LLC dated December 15, 2020, referred
to in the following paragraphs as the Original Task Order.
This TASK ORDER 05 AMENDMENT 01 adds professional services to the FYV Wildlife Fencing
Rehabilitation project at Fayetteville — Drake Field. Additional professional services include expanded
environmental coordination efforts to the original project scope.
The Original Task Order is hereby modified as follows:
SECTION 1- SCOPE OF SERVICES
GARVER will provide environmental services for the Wildlife Fence Rehabilitation as detailed in Exhibit
A-05.1.
SECTION 2 — PAYMENT
For the work described under SECTION 1 - SCOPE OF SERVICES, the CITY OF FAYETTEVILLE will
pay GARVER on a lump sum basis.
The table below presents a summary of the fee amounts and fee types for this task order amendment.
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
Environmental Services
$15,000
Lump Sum
TOTAL FEE
$15,000
The lump sum amount to be paid under this agreement is $15,000. For informational purposes, a breakdown
of GARVER's estimated costs is included in Exhibit B-05.1 with approximate current hourly rates for each
employee classification.
Additional Services (Extra Work). For work not described or included in Section 1— Scope of Services but
requested by the CITY OF FAYETTEVILLE in writing, the CITY OF FAYETTEVILLE will pay
GARVER, for time spent on the project, at the rates shown in Exhibit B-05.1 for each classification of
GARVER's personnel, plus overhead, plus 15% profit, plus reimbursable expenses including but not
limited to printing, courier service, reproduction, and travel.
SECTION 3 —EXHIBITS
3.1 The following Exhibits are attached to and made a part of this Agreement:
3.1.1 Exhibit A-05.1 Scope of Services
3.1.2 Exhibit B-05.1 Manhour Tables
Task Order 05 1 of 2 Amendment 01 (Environmental Services)
FYV Wildlife Fence Rehabilitation Garver Project No. 22AI3211
Page 65 of 284
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
Approval and acceptance of this Task Order Amendment, including attachments listed in SECTION 3 —
EXHIBITS, shall incorporate this document as part of the Agreement. Garver is authorized to begin
performance upon receipt of a copy of this Task Order Amendment signed by the CITY OF
FAYETTEVILLE. The effective date of this Task Order Amendment shall be the last date written below.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
GARVER
Title: Senior Project Manager
Task Order 05 2 of 2 Amendment 01 (Environmental Services)
FYV Wildlife Fence Rehabilitation Garver Project No. 22AI3211
Page 66 of 284
GARVER
EXHIBIT A-05-.1
SCOPE OF SERVICES
Generally, the Task Order 05 Amendment 01 Scope of Services includes additional environmental
coordination services performed in conjunction with the upcoming Wildlife Fence Rehabilitation project
at Fayetteville — Drake Field. Additional environmental services added by this task order amendment
are described below.
1. Environmental Coordination
Garver will coordinate and complete documentation for submission to FAA to receive environmental
clearance for the project. Documentation will include that required by the documented CATEX
questionnaire of FAA SOP 5.0. The following environmental agency coordination is expected:
D US Fish and Wildlife Service (USFWS)
D State Historic Preservation Office (SHPO)
• US Army Corps of Engineers
1.1. Bilogical Resources
Garver will assess the potential effects of the proposed project on biological communities
(including Federally -Listed Endangered and Threatened Species and State -listed species of
concern). Complete Section 7 informal consultation with the U.S. Fish and Wildlife Service
(USFWS). Consult the state Department of Natural Resources (DNR) or appropriate wildlife
resources agency. If directed, a biological survey for the project area will be completed as
extra work and submitted to the USFWS and state wildlife resources agencies for review.
In compliance with Section 7 of the Endangered Species Act, coordinate the completion of a
habitat assessment for potential preferred habitat. An emergence count for potential bat usage
of the suitable habitat within the project area will be completed and any findings coordinated
with the USFWS and FAA.
1.2. Historic and Archaeological Resources
Potential impacts of the proposed project on historic resources will be assessed. Garver will
consult with the FAA on the Direct and Indrect (visual) Area of Potential Effect (APE) and the
State Historic Preservation Office (SHPO).
Garver will use a subconsultant (Flatearth Archaeology) to complete a Cultural Resources
Survey (CRS). The Cultural Resources Survey will be conducted for ground disturbance areas
and above -ground historic resources. Potential impacts to NRHP eligible and NRHP listed
sites will be evaluated. The Cultural and Historic Resources Surveys and recommendations
will be submitted to FAA and SHPO for impact determination.
1.3. Wetlands and Floodplains
Wetlands — Gaver will assess the potential effect of construction and operation of the proposed
project on jurisdictional waters and wetlands. Consult with the U.S. Army Corps of Engineers
(USACE), the U.S. Fish and Wildlife Service, state DNR, and state Department of Agriculture
and propose mitigation measures as required for EA purposes. A Jurisdictional Determination
will be obtained from the USACE if jurisdictional waters are located within the study area. A
Exhibit A-05.1 — Scope of Services
Wildlife Fence Rehabilitation
Amendment 1 (Environmental Services)
Garver Project No. 22A13211
Page 67 of 284
GARVER
wetland delineation for the project area will be completed and submitted to the USACE for
review. Section 404 permitting shall be completed as extra work.
Floodplains — Review the Federal Emergency Management Agency (FEMA) 100-year
floodplain map and consult with local floodplain authorities as necessary to determine whether
the proposed project will significantly impact a base floodplain and if permits will be necessary.
2. PROJECT DELIVERABLES
2.1. The following deliverables will be submitted to the parties identified below. Unless otherwise
noted below, all deliverables shall be electronic.
• Categorical Exclusion (CATEX) to the Owner and FAA.
o Electrionic submission.
• Other electronic files as requested.
3. SCHEDULE
3.1. Garver shall begin work under this Agreement upon execution of this Agreement and shall
complete the work within a mutually agreeable schedule with the Owner.
Exhibit A-05.1 — Scope of Services
Wildlife Fence Rehabilitation
Amendment 1 (Environmental Services)
Garver Project No. 22A13211
Page 68 of 284
Exhibit B-05.1
FAYETTEVILLE - DRAKE FIELD
WILDLIFE FENCE REHABILITATION
Environmental Services
WORK TASK DESCRIPTION
ES-6
ES-5
ES-4
ES-3
ES-2
E-5
E-2
$102.37
$84.05
$66.81
$53.88
$44.18
$83.68
$48.51
1. Categorical Exclusion (CATEX)
Develop and Send Initial Agency Coordination Letters that
include a Site Location Exhibit and a Proposed Action Exhibit
2
Records Research and Review
Site Visits (2 people, 2 trips)
8
8
Air Quality/Construction Emission Analysis
Noise Analysis
Biotic Resources/Endangered and threatened Species
2
Water Resources
Wetland Review
2
8
Historic and Archeological Resources
2
APE Coordination/Approval
EDDA/Phase I ESA
Project Management
Documentation of Public Involvement
Cumulative Impacts Review
Coordinate with Airport Master Plan
Draft CATEX
2
8
Quality Control (QC) Review
3
Address Revisions per QC Review
2
Submit Final CATEX to FAA
1
2
Address FAA Comments on the CATEX
Subit Revised CATEX to the FAA
Subtotal - Categorical Exclusion
0
14
28
0
0
8
0
Hours
SUBTOTAL - SALARIES:
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
0 14 28 0
$3,716.82
$7,099.50
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
$28.25
Postage/Freight/Courier
$0.00
Office Supplies/Equipment
$0.00
Travel Costs
$25.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $53.25
SUBTOTAL:
$10,869.57
SUBCONSULTANTS FEE: (Cultural Resources Survey) $2,500.00
PROFESSIONAL FEE $1,630.44
TOTAL FEE: $15,000.00
0 8 0
Page 69 of 284
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JOB NO.: XXXX
DATE: OCT. 201E
❑ESIONED BY:
DRAWN BY
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
2023-816
THRU: Susan Norton, Chief of Staff
FROM: Jared Rabren, Airport Director
DATE: May 30, 2023
SUBJECT: Master Plan Update and Task Order 06 and Approval of a Budget Adjustment
RECOMMENDATION:
Staff requests approval for the Aviation Division to accept and utilize Federal Aviation Administration (FAA)
grant funds to fund 90% of project costs for a proposed Airport Master Plan Update at Fayetteville. This
resolution will permit the following: 1.Execution of an FAA Grant Offer in the amount of $374,729.00 (90% of
Total Project Costs). 2. Execution of a Planning Services task order 06 in the amount of $413,366.00 with
Garver, LLC. 3. Approval of a budget adjustment in the amount of $416,366.00. This amount includes the
FAA's 90% share of billed invoices until monthly reimbursement is issued, and $41,637 for cash -flow to cover
the ADA's share until reimbursement at the end of the project.
BACKGROUND:
An Airport Master Plan (AMP) is a federally funded study which will guide the City of Fayetteville in decision
making for airport development over the short-, medium-, and long-term. The AMP will inventory existing
airport facilities and their condition, determine existing and future activity trends, and identify development
projects to satisfy both existing and future demand. The AMP will perform an alternative analysis to determine
the most optimal uses of airport land to support potential aeronautical and non -aeronautical activities. Also
included in this study will be an evaluation of existing airport utilities, drainage, and obstructions to airspace.
The last AMP was conducted in 2006. The FAA generally recommends the update of this plan every 10 years.
This project is included on the Airport's 5-year Capital Improvement Plan (CIP) and is programmed for a FAA
AIP grant in FY 2023. City Council authorized the aviation division to apply for this grant by Resolution 34-23
passed February 7, 2023. An FAA AIP grant offer was subsequently received on May 23, 2023.
DISCUSSION:
The Aviation Division is requesting permission to execute FAA AIP Grant 3-05-0020-055-2023 in the amount of
$374,729.00 and to execute Task Order 06 with Garver, LLC in the amount of $413.366.00. The FAA AIP grant
will cover 90% of project costs. The Aviation Division will submit a grant application to the ADA for
reimbursement of the remaining 10% of project costs at the conclusion of the study. Any development
recommendations created as a result of this study will be subject to future funding availability.
Following is a summary of the anticipated costs and funding breakdown for the project.
Federal FY 2023 — Airport Master Plan
FAA: $374,729.00
Administration and Other Costs* $3,000.00 ADA: $41,637.00
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 71 of 284
Garver Task Order 06 (Planning Study): $413,366.00 City: $0.00
TOTAL: $416,366.00 TOTAL: $416,366.00
*Amount is estimated at this time.
BUDGET/STAFF IMPACT:
The Aviation Division may expend up to $141,637 of its fund balance reserve. This amount includes $100,000
for cash -flow to cover the FAA's 90% share of billed invoices until monthly reimbursement is issued, and
$41,637 for cash -flow to cover the ADA's share until reimbursement at the end of the project.
ATTACHMENTS: Airport Master Plan Update SRF, 2023-816 BA Airport Master Plan Grant, Grant
Acceptance for Master Plan Update, Garver Task Order 06 - FYV Airport Master Plan - Garver Signed
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 72 of 284
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-816
Master Plan Update and Task Order 06 and Approval of a Budget Adjustment
A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A FEDERAL AVIATION
ADMINISTRATION GRANT IN THE AMOUNT OF $374,729.00 TO FUND 90% OF THE
PROJECT COSTS FOR A PROPOSED AIRPORT MASTER PLAN UPDATE AT DRAKE FIELD
AIRPORT, TO APPROVE TASK ORDER NO. 6 IN THE AMOUNT OF $413,366.00 WITH
GARVER, LLC FOR PLANNING SERVICES, 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 Mayor Jordan to
sign a grant agreement with the Federal Aviation Administration to accept a grant in the amount of
$374,729.00 to fund 90% of the proposed Airport Master Plan Update Project at Drake Field Airport,
and further authorizes the Mayor to sign all documents necessary to receive these funds and any
additional funds awarded by the Federal Aviation Administration for this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign Task Order No. 6 with Garver, LLC in the amount of $413,366.00 for Planning Services
associated with the Airport Master Plan Update Project.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Page 73 of 284
Jared Rabren
Submitted By
City of Fayetteville Staff Review Form
2023-816
Item ID
6/20/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/30/2023
Submitted Date
Action Recommendation:
AIRPORT SERVICES (760)
Division / Department
Staff requests approval for the Aviation Division to utilize FAA grant funds to fund 90% of project costs for a
proposed Airport Master Plan Update at Fayetteville. This resolution will permit the following: 1.Execution of an
FAA Grant Offer in the amount of $374,729.00 (90% of Total Project Costs). 2. Execution of a Planning Services task
order 06 in the amount of $413,366.00 with Garver, LLC. 3. Approval of a budget adjustment in the amount of
$416,366.00. This amount includes the FAA's 90% share of billed invoices until monthly reimbursement is issued,
and $41,637 for cash -flow to cover the ADA's share until reimbursement at the end of the project.
5550.760.3960-5860.02
Account Number
32304.2023
Project Number
Budgeted Item? No
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Budget Impact:
Airport
Fund
Airport Master Plan Update
Project Title
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
$
$ 416,366.00
$ 416,366.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 34-23
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
2/7/2023
Page 74 of 284
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
AIRPORT SERVICES (760)
/Org2
2023
Requestor: Dee McCoy
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff requests approval of a budget adjustment in the amount of $416,366.00. This amount includes the FAA's 90% share of
billed invoices until monthly reimbursement is issued, and $41,637 for cash -flow to cover the ADA's share until
reimbursement at the end of the project.
COUNCIL DATE: 6/20/2023
ITEM ID#: 2023-816
Holly Black
61212023 11:33 RIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
416,366 416,366
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2023424
Account Name
5550.760.3960-5860.02
416,366
-
32304 2023 EX
Capital Prof Svcs - Engineering/Architecture
5550.760.3960-4309.00
5550.760.3940-4999.99
-
-
374,729
41,637
32304 2023 RE
RE
Federal Grants - Capital
Use Fund Balance - Current
Iof1
Page 75 of 284
U.S. Department
of Transportation
Federal Aviation
Administration
May 23, 2023
Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Jordan,
Airports Division
Arkansas/Oklahoma Airports
District Office, Southwest Region
3-05-0020-055-2023
FAA ASW-630
10101 Hillwood Pkwy
Fort Worth, TX 76177-1524
The Grant Offer for the Bipartisan Infrastructure Law (BIL) - Airport Infrastructure Grant (AIG) Project
No. 3-05-0020-055-2023 at Drake Field Airport is attached for execution. This letter outlines the steps
you must take to properly enter into this agreement and provides other useful information. Please read
the conditions, special conditions, and assurances that comprise the grant offer carefully
You may not make any modification to the text, terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor's authorized representative(s)
(hereinafter "authorized representative").
2. The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s)
will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor's
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow
the above procedures to fully execute the grant and finalize the process. Signatures must be
obtained and finalized no later than June 30, 2023.
6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi e-Invoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
Project Timing. The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
Page 76 of 284
3-05-0020-055-2023
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
• For all grants, you must submit by December 31st of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction
projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2. An SF-425 (Federal Financial Report).
• For non -construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
• For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply
with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities
that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal -assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. Phuong Tran, (817) 222-5641, phuong.m.tran@faa.gov is the assigned
program manager for this grant and is readily available to assist you and your designated representative
with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
alone Soles
ienn Botes (May 23, 20 3 05:2' CDT)
Glenn A. Boles, Manager
Arkansas/Oklahoma Airports
District Office
Page 77 of 284
3-05-0020-055-2023
U.S. Department
of Transportation
Federal Aviation
Administration
Federal Award Offer Date
FY 2023 AIRPORT INFRASTRUCTURE GRANT
GRANT AGREEMENT
May 23, 2023
Part I - Offer
Airport/Planning Area Drake Field Airport
Airport Infrastructure Grant 3-05-0020-055-2023
Number
Unique Entity Identifier JNDMR7IAKHT3
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 February 7, 2023, 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:
Update Airport Master Plan
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and
Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL); and the
representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption
and ratification of the Grant Assurances attached hereto; (b) the Sponsor's acceptance of this Offer; and
(c) the benefits to accrue to the United States and the public from the accomplishment of the Project
and compliance with the Grant Assurance and conditions as herein provided;
Page 78 of 284
3-05-0020-055-2023
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety (90) % of the allowable costs incurred accomplishing the Project as
the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$374,729.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 374,729 for planning
2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
Shall start on the date the Sponsor formally accepts this Agreement and is the date signed
by the last Sponsor signatory to the Agreement. The end date of the Period of Performance
is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance
end date shall not affect, relieve, or reduce Sponsor obligations and assurances that
extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date, which may include one or more funded portions or budget periods.
(2 Code of Federal Regulations (CFR) § 200.1).
b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as
the Period of Performance provided in Paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), a
sponsor may charge to the Grant only allowable costs incurred up to the end of the Budget
Period. Eligible project -related costs incurred on or after November 15, 2021 that comply
with all Federal funding procurement requirements and FAA standards are allowable costs.
Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to 2 CFR §
200.308.
c. Close Out and Termination
Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred under this award no later
than 120 calendar days after the end date of the Period of Performance. If the Sponsor
does not submit all required closeout documentation within this time period, the FAA will
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proceed to close out the grant within one year of the period of performance end date with
the information available at the end of 120 days. (2 CFR § 200.344).
The FAA may terminate this Grant, in whole or in part, in accordance with the conditions
set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as
applicable.
3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA
has determined to be ineligible or unallowable.
4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for
Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs
will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the
Secretary, and any superseding legislation. 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.
6. 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,
BIL (Public Law 117-58), the regulations, and the Secretary of Transportation's ("Secretary's")
policies and procedures. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA
approval for any disengagement from performing the project that exceeds three months or a 25
percent reduction in time devoted to the project. The report must include a reason for the project
stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this
Agreement.
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.
8. 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 June
30, 2023, or such subsequent date as may be prescribed in writing by the FAA.
9. 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 for 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.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with
this Grant Agreement.
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11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
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. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a
specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/content/entity-registration.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this Agreement electronically via the Delphi e-Invoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of BIL Proiects. 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 amendment to the
Sponsor unilaterally reducing the maximum obligation.
The FAA can, subject to the availability of Federal funds, 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. The FAA's authority to increase the maximum obligation does not apply to the
"planning" component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. 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 Agreement.
15. 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.
16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. §
50101, 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 and subcontract awarded under this Grant.
17. Build America, Buy American. The sponsor must comply with the requirements under the Build
America, Buy America Act (Public Law 117-58).
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18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the
maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, 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 if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are
available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
If the sponsor requests an increase, any eligible increase in funding will be subject to the United
States Government share as provided in BIL (Public Law 117-58), or other superseding legislation if
applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not
responsible for the same Federal share provided herein for any amount increased over the initial
grant amount. The FAA may adjust the Federal share as applicable through an informal letter of
amendment.
19. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and
are exempt from Federal audit requirements must make records available for review or audit by the
appropriate Federal agency officials, State, and Government Accountability Office. The FAA and
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §
180.200, the Sponsor must:
a. Verify the non -Federal entity is eligible to participate in this Federal program by:
Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if the non -Federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non -Federal entity attesting they are not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm are not
excluded or disqualified from participating.
Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier
transactions with their contractors and sub -contractors.
Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered
into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars
a contractor, person, or entity.
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21. Ban on Textine While Drivin
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.
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 while driving in all
subgrants, contracts, and subcontracts funded with this Grant.
22. Trafficking in Persons.
a. Posting of contact information.
1. The Sponsor must post the contact information of the national human trafficking
hotline (including options to reach out to the hotline such as through phone, text,
or TTY) in all public airport restrooms.
b. Provisions applicable to a recipient that is a private entity.
You as the recipient, your employees, subrecipients under this Grant, and
subrecipients' employees may not:
i. Engage in severe forms of trafficking in persons during the period of time
that the Grant and applicable conditions are in effect;
ii. Procure a commercial sex act during the period of time that the Grant and
applicable conditions are in effect; or
iii. Use forced labor in the performance of the Grant or any subgrants under
this Grant.
2. We as the Federal awarding agency, may unilaterally terminate this Grant, without
penalty, if you or a subrecipient that is a private entity —
Is determined to have violated a prohibition in paragraph (a) of this Grant
Condition; or
ii. Has an employee who is determined by the agency official authorized to
terminate the Grant to have violated a prohibition in paragraph (a) of this
Grant Condition through conduct that is either —
a) Associated with performance under this Grant; or
b) Imputed to you or the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are
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provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government
wide Debarment and Suspension (Nonprocurement)," as implemented by
our agency at 2 CFR Part 1200.
c. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a
private entity —
Is determined to have violated an applicable prohibition in paragraph (a) of this
Grant Condition; or
2. Has an employee who is determined by the agency official authorized to terminate
the Grant to have violated an applicable prohibition in paragraph (a) of this Grant
Condition through conduct that is either —
i. Associated with performance under this Grant; or
Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide
Debarment and Suspension (Non procurement)," as implemented by our
agency at 2 CFR Part 1200.
d. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph (a) of this Grant Condition.
2. Our right to terminate unilaterally that is described in paragraph (a) or (b) of this
Grant Condition:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended [22 U.S.C. § 7104(g)], and
Is in addition to all other remedies for noncompliance that are available to
us under this Grant.
You must include the requirements of paragraph (a) of this Grant Condition in any
subgrant you make to a private entity.
e. Definitions. For purposes of this Grant Condition:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this Grant; or
Another person engaged in the performance of the project or program
under this Grant and not compensated by you including, but not limited to,
a volunteer or individual whose services are contributed by a third party as
an in -kind contribution toward cost sharing or matching requirements.
2. "Force labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor
or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
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3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR § 175.25.
ii. Includes:
a) A nonprofit organization, including any nonprofit institute of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR § 175.25(b).
b) A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).
23. BIL Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant
Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility
Charge (PFC) application that contains an approved PFC project also covered under this Grant
Agreement as described in the project application. The airport sponsor may not make any
expenditure under this Grant Agreement until project work addressed under this Grant Agreement
is removed from an approved PFC application by amendment.
24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated Jan. 25, 2011, is incorporated herein
by reference or is submitted with the project application and made part of this Grant Agreement.
25. Employee Protection from Reprisal.
a. Prohibition of Reprisals
1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee,
contractor, or subcontractor may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in sub-
paragraph (a)(2) below, information that the employee reasonably believes is evidence
of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered. The persons and bodies to which a disclosure by an
employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at
the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
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vii. An authorized official of the Department of Justice or other law enforcement
agency.
b. Investigation of Complaints.
Submission of Complaint. A person who believes that they have been subjected to a
reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding
the reprisal to the Office of Inspector General (OIG) for the U.S. Department of
Transportation.
Time Limitation for Submittal of a Complaint. A complaint may not be brought under
this subsection more than three years after the date on which the alleged reprisal took
place.
Required Actions of the Inspector General. Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. § 4712(b).
c. Remedy and Enforcement Authority.
1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the OIG, the person submitting a complaint
assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2).
26. Prohibited Telecommunications. Sponsor agrees to comply with mandatory standards and policies
relating to use and procurement of certain telecommunications and video surveillance services or
equipment in compliance with the National Defense Authorization Act [Public Law 115-232 §
889(f)(1)] and 2 CFR § 200.216.
SPECIAL CONDITIONS
27. Airport Layout Plan. The Sponsor understands and agrees to update the Airport Layout Plan to
reflect the construction to standards satisfactory to the FAA and submit it in final form to the FAA as
described by 49 U.S.C. § 47107(a)(16). It is further mutually agreed that the reasonable cost of
developing said Airport Layout Plan Map is an allowable cost within the scope of this project, if
applicable.
28. Master Plan Coordination. The Sponsor agrees to coordinate this master planning study with
metropolitan planning organizations, other local planning agencies, and with the State Airport
System Plan prepared by the State's Department of Transportation and consider any pertinent
information, data, projections, and forecasts which are currently available or as will become
available. The Sponsor agrees to consider any State Clearinghouse comments and to furnish a copy
of the final report to the State's Department of Transportation.
29. Airports Geographic Information System (GIS) Survey. If the Airport's GIS survey is not reflected in
the Airports Data Information Portal (ADIP) meeting FAA requirements within four (4) years from
the date of grant execution, then the Sponsor may be required to repay that portion of this Grant
related to survey work.
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Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
23
,rIPYJYI 80/BS
(Signature)
Glenn Boles
(Typed Name)
Manager, AR/OK Airports District Office
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
10
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Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with
all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated
City of Fayetteville
(Name of Sponsor)
(Signature of Sponsor's Authorized Official)
By:
(Typed Name of Sponsor's Authorized Official)
Title:
(Title of Sponsor's Authorized Official)
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
11
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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 Arkansas . Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws
of the said State; the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as
the Bipartisan Infrastructure Law (BIL), Division J, Title Vill; and the representations contained in the
Project Application. 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.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and corre ct.3
Dated at
By:
(Signature of Sponsor's Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
12
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ASSURANCES
AIRPORT SPONSORS
A. General.
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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 Public Law 117-58, Division J, Title VIII, 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.
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.
Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, and 37 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 Exclusive Rights and
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:
Airport Sponsors Assurances Bipartisan Infrastructure Law
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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 Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C. subtitle VII, as amended.
b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq.
d. Hatch Act — 5 U.S.C. § 1501, et seq.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §
4601, et seq.', 2
f. National Historic Preservation Act of 1966 — Section 106 - 54 U.S.C. § 306108.1.'
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.'
h. Native Americans Grave Repatriation Act - 25 U.S.C. § 3001, et seq.
L Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.'
I. 49 U.S.C. § 303, (formerly known as Section 4(f))
m. 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, as amended - 42 U.S.C. § 4151, et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978 —Section 403 - 42 U.S.C. § 8373.'
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.'
u. Copeland Anti -kickback Act - 18 U.S.C. § 874.'
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.'
y. Drug -Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105.
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).
Airport Sponsors Assurances Bipartisan Infrastructure Law
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aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
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
g. Executive Order 13166 — Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 — Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 — Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
j. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
k. Executive Order 14008 —Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 — OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 4,5
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 — Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport Noise Compatibility Planning.
g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
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k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).'
I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).'
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.
p. 49 CFR Part 24— Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs.','
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
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 — Government wide Requirements for Drug -Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 —Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41— Seismic Safety.
FOOTNOTES To ASSURANCE (C)(1)
' These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
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.
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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.
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.
Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 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
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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 ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure 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 49 U.S.C. § 47107(s) and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
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.
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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 49 U.S.C. § 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
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
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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 under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), 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 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
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.
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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.
The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying aviators of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
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21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
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.
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.
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.
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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.
The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
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.
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:
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
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revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
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 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 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.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
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.
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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:
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 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non -aviation 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
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which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of
the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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
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, color, and national origin (including limited English proficiency) 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); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
Using the definitions of activity, facility, and program as found and defined in 49 CFR §§
21.23(b) and 21.23(e), 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
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.
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.
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
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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 (City of Fayetteville), 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 or offerors that it will affirmatively ensure that for any contract entered into pursuant
to this advertisement, [select businesses, or disadvantaged business enterprises or airport
concession disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated against on the
grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability 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
Department of Transportation (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 (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a 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.
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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.
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 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. § 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title Vill;
or
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport.
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, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title
Vill; or
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport.
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 -
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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.
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.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49
U.S.C., or Public Law 117-58, Division J, Title Vill 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 in the
same manner as a contract for architectural and engineering services is negotiated under Chapter
11 of Title 40 U.S.C., 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 any project funded under an Airport Infrastructure Grant in accordance with
policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https•//www faa gov/airports/aip/media/aip-pfc-checklist pdf) for
AIG projects as of February 7, 2023.
35. Relocation and Real Property Acquisition.
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 of 49
CFR Part 24 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.
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37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, 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
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (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 1986 (31
U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. §
47102) 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.
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ASSURANCES
PLANNING AGENCY SPONSORS
A. General.
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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.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect
during the life of the project.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines,
and requirements as they relate to the application, acceptance and use of Federal funds for this
project including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq.
c. Hatch Act — 5 U.S.C. § 1501, et seq.'
d. Rehabilitation Act of 1973 — 29 U.S.C. § 794
e. 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).
f. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
g. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq.
h. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.'
i. Drug -Free Workplace Act of 1988 - 41 U.S.C. § 8101 through 8105.
j. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Public Law 110-252).
k. Build America, Buy America Act, P.L. 117-58, Title IX.
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EXECUTIVE ORDERS
a. Executive Order 12372 - Intergovernmental Review of Federal Programs
b. Executive Order 13166 — Improving Access to Services for Persons with Limited English
Proficiency
c. Executive Order 13985 — Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
d. Executive Order 13988 — Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
f. Executive Order 14008 - Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 — OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.a,a
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 — Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings.
f. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
g. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
h. 49 CFR Part 20— New Restrictions on Lobbying.
i. 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.
j. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
k. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
I. 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.
m. 49 CFR Part 32 — Government wide Requirements for Drug -Free Workplace (Financial
Assistance)
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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 shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
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.
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.
2. Responsibility and Authority of the 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.
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.
4. Preserving Rights and Powers
It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary
5. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies in the planning area.
6. Accounting System, Audit, and Record Keeping Requirements
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.
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
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States not later than six (6) months following the close of the fiscal year for which the audit was
made.
7. 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 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 mean 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.
8. Reports and Inspections.
It will submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request.
9. 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, and national origin (including limited English proficiency) 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; creed and sex (including sexual orientation and gender identity) per 49 U.S.C. §
47123 and related requirements; age per the Age Discrimination Act of 1975 and related
requirements; or disability per the Americans with Disabilities Act of 1990 and related
requirements, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any program and activity conducted with, or benefiting from, funds
received from this grant.
Using the definitions of activity, facility, and program as found and defined in 49 CFR §§
21.23(b) and 21.23(e), 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.
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b. Applicability
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.
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 (City of Fayetteville), 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 or offerors that it will affirmatively ensure that for any contract entered into pursuant
to this advertisement, [select businesses, or disadvantaged business enterprises or airport
concession disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated against on the
grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability in consideration for an
award."
e. Required Contract Provisions.
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.
It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
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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.
It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a 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.
10. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49
U.S.C., 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 in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the airport.
11. 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.
12. Policies, Standards, and Specifications.
It will carry out the project in accordance with policies, standards, and specifications approved by
the Secretary.
13. Disadvantaged Business Enterprises.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26. The recipient shall take
all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR
Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation
of 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 recipient of its failure to carry out its approved
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program, the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
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APPENDIX A-06
TASK ORDER 06
FAYETTEVILLE — DRAKE FIELD AIRPORT
AIRPORT MASTER PLAN
This TASK ORDER is made as of , 2023 by and between the CITY
OF FAYETTEVILLE of Fayetteville, Arkansas hereinafter referred to as "CITY OF FAYETTEVILLE," and
GARVER, LLC, hereinafter referred to as "GARVER", in accordance with the provisions of the
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES executed on November 17, 2020.
Under this Task Order, the CITY OF FAYETTEVILLE intends conduct the following study for FYV:
Airport Master Plan including Aeronautical Survey
GARVER will provide professional services related to these improvements as described herein.
SECTION 1- SCOPE OF SERVICES
GARVER will provide services as detailed in Exhibit A-06.
SECTION 2 — PAYMENT
For the work described under SECTION 1 - SCOPE OF SERVICES, the CITY OF FAYETTEVILLE will
pay GARVER on a lump sum basis.
The table below presents a summary of the fee amounts and fee types for this contract.
WORK DESCRIPTION
FEE AMOUNT
FEE TYPE
Planning Services
$413,366.00
Lump Sum
TOTAL FEE
$413,366.00
Lump Sum
The CITY OF FAYETTEVILLE will pay GARVER the lump sum amount not to exceed $413,366.00. For
informational purposes, a breakdown of GARVER's estimated costs is included in Exhibit B-06 with
approximate current hourly rates for each employee classification.
Additional Services (Extra Work). For work not described or included in Section 1— Scope of Services but
requested by the CITY OF FAYETTEVILLE in writing, the CITY OF FAYETTEVILLE will pay
GARVER, for time spent on the project, at the rates shown in Exhibit B-06 for each classification of
GARVER's personnel, plus overhead, plus 15% profit, plus reimbursable expenses including but not
limited to printing, courier service, reproduction, and travel.
SECTION 3 —EXHIBITS
3.1 The following Exhibits are attached to and made a part of this Agreement:
3.1.1 Exhibit A-06 Scope of Services
3.1.2 Exhibit B-06 Manhour Tables
Task Order 06 1 of 2
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This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
Approval and acceptance of this Task Order, including attachments listed in SECTION 3 —EXHIBITS,
shall incorporate this document as part of the Agreement. Garver is authorized to begin performance upon
receipt of a copy of this Task Order signed by the CITY OF FAYETTEVILLE. The effective date of this
Task Order shall be the last date written below.
CITY OF FAYETTEVILLE, ARKANSAS
BY:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
Task Order 06
FYV Airport Master Plan
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GARVER
Title: Senior Project Manager
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APPENDIX A-06
SCOPE OF SERVICES
DRAKE FIELD
AIRPORT MASTER PLAN PROJECT
GENERAL
In accordance with the requirements established by Federal Aviation Administration (FAA) and the unique
needs and interests of the City of Fayetteville (Owner), the owner and operator of Drake Field, this Scope
of Services outlines the tasks required to complete an Airport Master Plan (AMP) for Drake Field (FYV or
Airport).
The approach to undertake this AMP project for Drake Field has been outlined in the following elements of
this Scope of Services. This project with align with the following FAA Orders:
• FAA Order 5090.3C, Field Formulation of the National Plan of Integrated Airport Systems (NPIAS)
• FAA Order 5190.613, Airport Compliance Manual with Change 1 published Nov. 22, 2021
• FAA Order 5100.38D, Airport Improvement Program (AIP) Handbook
• FAA Order 5280.5D, Airport Certification Program Handbook
ELEMENT 1 - PROJECT INITIATION, ADMINISTRATION, AND VISIONING
Task 1.1 — Project Kick -Off Meeting
Upon receiving Notice to Proceed (NTP), Garver will schedule and complete a project kick-off meeting with
the Owner and FAA. The focus of this meeting will be to review the project schedule, scope, and immediate
next steps. This meeting is expected to take place via video/teleconference and last approximately one (1)
hour.
The meeting will include a discussion on the establishment of the Project Steering Committee (PSC),
Stakeholder Committee (SC), and various stakeholders that need to be involved in the project as discussed
in Task 1.2. Additionally, the agenda for the initial site visit and interviews (Task 1.3) will be discussed.
Meeting agendas and minutes will be provided by Garver.
Task 1.2 — Establish Project Steering Committee, Stakeholder Committee, Stakeholder Coordination
Strategy, and Project Website/Stakeholder Survey
Upon initiation of the project, a Project Steering Committee (PSC) will be established to guide and direct
the development of the project. The PSC will review project deliverables, provide input on the project's
direction, and act as a liaison to the community/stakeholders throughout the planning process. The PSC is
expected to be comprised of the Owner's staff. Garver will work with the Owner to identify the individuals
that should be part of the PSC and will compose documentation describing the roles and responsibilities of
the PSC that can be sent to the proposed PSC committee members.
In addition to the PSC, a broader Stakeholder Committee (SC) will be established to provide input/feedback
at key decision points throughout the AMP project. The SC is expected to be comprised of airport
stakeholders (e.g., airport tenants, airports users, etc.) and other community officials. Garver will work with
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the Owner to identify the individuals that should be part of the SC and will compose documentation
describing the roles and responsibilities of the SC that can be sent to the proposed SC committee members.
Additionally, Garver will work with the Owner to identify other key stakeholders that should be involved in
the planning process and the portions of the planning process each key stakeholder needs to be involved
in. This is expected to include stakeholders that are not part of the SC but need to be consulted with at
some point during the AMP process. The result of this effort will be a list of key project stakeholders and
the identification of where and how each stakeholder needs to be involved in the project.
Garver will also develop a public facing project specific website for the AMP. The website will be used to
post draft project materials and to provide project updates to the community and stakeholders. Additionally,
Garver will prepare an online stakeholder survey for dissemination to FYV airport users, tenants,
stakeholders, and community. The survey will be developed using an online survey platform and will gather
feedback regarding the status of the airport and future development considerations. The survey will be
posted on the public facing project specific website created by Garver. The survey is expected to include
a blend of multiple choice and open-ended questions and be no more than 10 questions in total.
Task 1.3 — Initial Site Visit and Interviews
Garver will schedule and complete an initial site visit to FYV that will include the following subtasks:
• Tour the airfield (e.g. runways, taxiways,) and landside/terminal facilities (e.g. terminal building, ramps,
hangars, roadways, etc.) to document the size, layout, and condition of facilities. This will include a
walkthrough of the interior of a sampling of existing structures to document current condition and use.
Any facilities and equipment supporting FYV's Part 139 operations such as snow removal equipment
(SRE) and Aircraft Rescue and Firefighting (ARFF) will be documented, as well. The Owner will provide
Garver with necessary access to complete to the tour.
• Complete an AMP questionnaire prepared by Garver.
• Review historical airport operations and capital project records.
• Complete a brief visit to properties surrounding the airport to document current developments and land -
use that could impact the future growth of the airport. This effort does not include seeking entry onto
any property not owned by the Owner.
• Conduct up to four (4), one -hour interviews with various community officials, economic development
professionals, or other key airport stakeholders to discuss the future of FYV and any proposed
development plans. Garver will work directly with the Owner to identify the various
individuals/organizations that should be interviewed as part of this effort.
This site visit will be completed over two (2) consecutive calendar days and will include two (2) Garver staff
members. This task includes the preparation of meeting materials necessary for the site visit. Source
material obtained through this task will cited appropriately when used in the Master Plan document. This
site visit will also include the completion of the visioning session discussed in Task 1.4.
Task 1.4 — Visioning Session
As part of the initial site visit (Task 1.3), Garver will facilitate a visioning session with the PSC and any other
critical stakeholders identified by the Owner. The visioning session will include the completion of a
Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis and the identification of items of key
importance (e.g. vision items) that will be critical to the future growth and success of FYV. The primary
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goal of this effort is to establish an understanding of the vision items that are most important to the future
of the FYV. The identified vision items will be emphasized throughout the remainder of the planning
process. The visioning session is expected to take approximately two (2) hours.
Upon completion of the visioning session, Garver will prepare a technical memorandum and circulate it to
the visioning session participants for their review and comment. The technical memorandum is expected
to be three (3) to four (4) pages in length. It will summarize the results of the SWOT analysis and the key
vision items identified. The participants will provide comments to Garver on the technical memorandum in
writing. Garver will make necessary revisions to the document prior to finalizing the technical
memorandum.
This task includes the preparation of meeting materials necessary for the visioning session including
presentation materials and handouts. Meeting agendas and minutes will be provided by Garver.
Task 1.5 — Project Management and Grant Administration
Garver will provide general project management services throughout the duration of the project.
Additionally, Garver will assist the Owner with grant reimbursement requests and quarterly performance
reports related to the project.
ELEMENT 2 — INVENTORY OF EXISTING CONDITIONS
Task 2.1 — Initial Documentation Review
Garver will collect and review of the following documents and data to establish baseline information to build
the inventory of existing facilities and conditions:
• Historical list of capital projects/grant history (provided by Owner and FAA through an online grant
history query).
• Current and planned capital improvements at FYV as shown in the airport's current CIP.
• Current FAA documentation regarding the airport and its facilities (e.g. current 5010, instrument
approach procedures, sectional/IFR charts, and Aeronautical Information Services data from the FAA
National Flight Data Center).
• Current and approved FYV Airport Layout Plan (ALP).
• Current and planned FYV tenant activities/operations (as can be obtained online or through the
interviews completed as part of the initial site visit in Task 1.3).
• FAA's National Plan of Integrated Airport Systems (NPIAS) and Arkansas Statewide Airport System
Plan (ASASP).
• Airport activity reports showing historical aircraft operations (past 5 years) from FAA OPSNET.
• Current based aircraft data including aircraft count and fleet mix (provided by Owner through
basedaircraft.com).
• Hangar waiting list including fleet mix (provided by Owner).
• Historical fuel sales records (previous 5 years broken down by 100LL and Jet A).
• Financial Data (previous 5 year revenues and expenses).
• Local zoning ordinances/maps and any height hazard zoning processes/practices.
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• Existing environmental data/information (e.g. previous EA, EIS, other environmental determinations,
threatened and endangered plants, fish, and wildlife data, cultural/archaeological/historical resources
data, floodplains, farmland, etc.) as provided through publicly available online databases/resources.
• Any available topographic maps and available aerial photographs.
• Reviewing any previous pavement analysis reports including conditions assessments or geotechnical
analysis.
• Utility location information for utilities located on airport property (provided by Owner).
• Any recent Part 139 certification inspection reports or RSAT meeting information.
References to the source material will be cited appropriately when used in the Master Plan document. The
information reviewed during this effort and obtained during the initial site visit (Task 1.3) will be used to
develop the Inventory Chapter.
Task 2.2 — Utility Mapping and Analysis
Mapping of existing utilities will be accomplished through a combination record document review, site visits,
and coordination with the Owner and appliicable utiity owners. Record document data reviewed may include
record drawings, record surveys, utility maps, GIS data, and previous design reports. Findings from AIP
Grant 3-05-0020-045-2017 Airport Energy Efficiency Assessment will be included when applicable.
Garver's civil and electrical engineers will perform up to two (2) site visits to supplement information
gathered from record document review. The location of existing utilities will be included in the Inventory
Chapter defined in Task 2.4. Potholing of utilities is not included in this scope of services.
Task 2.3 — Airport Drainage Assessment
Garver will assess the existing drainage conditions of the airport, including riverine flooding in the vicinity
of the airport and the on -airport drainage system. The following tasks will be performed with regard to
drainage assessment:
• Data collection, including the following :
• Required GIS data, including lidar and FEMA mapping;
• Historical flooding information at the airport, including highwater marks, anecdotal information, and
photographs, if available;
• Available as -built plans of drainage structures on and near the airport;
• FEMA floodplain data, including Effective and Preliminary mapping and modeling, as available;
• Historical and statistical rainfall data at the airport.
• Existing conditions 2D screening model, utilizing 2D HEC-RAS rain -on -grid methodology to determine
flow patterns and flood risk for multiple storm events on the airport and within the immediate vicinity of
the airport;
• Existing conditions 1 D assessments of Ward Slough (West Fork White River) and Airport Branch,
including:
• FEMA data request of available Effective (and Preliminary, if available) modeling and data;
• Review of current FEMA hydrologic data and modeling;
• Update of hydrologic analyses, if required;
• Review of current FEMA hydraulic data and modeling;
• Update of hydraulic analyses .
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• Existing conditions flood mapping for multiple storm events .
• Drainage report, including recommendations for drainage improvements and identfication of flood -
prone and non flood -prone areas within airport property to be provided as an appendix.
This task will also include an eight (8) hour site visit by two (2) Garver personnel.
Task 2.4 — Prepare Draft Inventory Chapter
A draft of the Inventory Chapter will be prepared based on the data and information obtained during the
preceding tasks. The Inventory Chapter will document:
• Airfield and Terminal Area: Runway/taxiway/apron configuration and pavement condition, lighting,
signage, navigational aids (including Localizer Critical Areas), fueling facilities, aircraft circulation, and
security.
• Instrument Approaches: Existing instrument approaches will be identified and procedures will be
detailed.
• FBO Building and Hangar Utilization: Structural use and hangar utilization will be identified. An
inventory of FBO/terminal facilities and amenities will be completed. This will also include any SIRE
buildings, ARFF stations, and other Part 139 supporting facilities.
• Auto Access and Parking: Parking and access roads will be inventoried as to size, general conditions,
and use.
• Utilities: The location of existing utilities will be identified, as defined in Task 2.2.
• Environmental Overview: Existing environmental features and potential environmental concerns will
be identified at a high-level.
• Land Use and Controls: Review existing airport land uses, and adjacent land uses based on the
airport's existing property boundaries.
Garver will present the data in written form with tables and graphics. The draft chapter will be submitted to
the PSC and FAA as a PDF for review. The PSC will provide written comments to Garver for incorporation
into the final version of the Inventory Chapter.
Task 2.5 — Runway Safety Area Determination Form
As part of the initial site visit (Task 1.3), Garver will complete a visual inspection of the existing Runway
Safety Area for Runway 16/34 and document objects, NAVAIDs, and terrain within the safety area with
photos. Runway 16/34 is currently a C-II runway and, consequently, will be inspected to those standards.
After the site visit, Garver will complete a "Runway Safety Area Determination Form" from SOP 8.0
Appendix B for the existing safety area for Runway 16/34. The form will be submitted to FAA for review
and approval. An exhibit will be prepared identifying any portions of the safety area that are not compliant
with the RSA standards set for in FAA AC 150/5300-13B. This task does not identify runway hot spots or
previous runway incursions.
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Task 2.6 — Aeronautical Survey
See Exhibit 1 at the end of this document for the detailed aeronautical survey scope of work.
This task will align with the following ACs:
• AC 150/5300-17C Change 1, Standards for Using Remote Sensing Technologies in Airport
Surveys
• AC 150/5300-18B, General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS) Standards, Chapter 5,
Airport Data Features
• AC 150/5300-19 Airport Data and Information Program
ELEMENT 3 — AVIATION ACTIVITY FORECASTS
Task 3.1 — Inventory of Historical and Current Air Traffic Activity
Current and historical air traffic activity and based aircraft information for FYV will be assembled and
organized. Historical air traffic activity will be broken down into annual total operations, operations by user
category (e.g. GA, air taxi, military, etc.), local vs itinerant, and IFR vs. VFR. Historical traffic/activity data
will be obtained from the FAA and the Owner. The FAA's Terminal Area Forecast (TAF) and OPSNET
databases will be utilized for this effort as well as the airport's historical fuel sales information. Information
concerning historical peak hourly, daily, and monthly activity will be obtained through discussions with the
Owner and FYV Air Traffic Control.
Garver will also review published research and reports related to national and regional forecasts for air
transportation demand in the United States to establish an understanding of how these trends may affect
the airport. This is expected to include reviewing the most recent versions of the FAA's Aerospace Forecast
and the General Aviation Manufacturers Association's (GAMA) annual report. Publicly available
documentation related to emerging trends and technologies in aviation (e.g. electric aircraft, vertical takeoff
and landing aircraft, etc.) relevant to the forecasting effort will also be reviewed. This task will align with
the following ACs:
• AC 150/5070-6B, Airport Master Plans
• AC 150/5300-13B, Airport Design
• AC 150/5700-17, Critical Aircraft and Regular Use Determination
Task 3.2 — Historical and Forecasted Socioeconomic Factors
Garver will obtain statistical data on historical and forecasted socioeconomic factors from publicly available
sources (U.S. Census and others.) These factors will include employment, income, population, and
business climate/characteristics of the region, with an emphasis placed on the identification of specific
socioeconomic characteristics, as well as trends, that are likely to affect the economic growth and
development of the area. This task will align with DOT Order 5610.2(a), Final DOT Environmental Justice
Order.
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Task 3.3 — Forecasting Interviews
A key consideration in forecast development is understanding how existing and potential future clientele
use FYV. Consequently, as part of the forecasting effort Garver will complete up to two (2) one (1) hour
video/teleconference interviews with key stakeholders to understand how they currently use the airport
and/or any proposed changes to their utilization in the future. The feedback collected during these meetings
will be utilized to prepare the draft forecasts discussed in Task 3.4. References to source material will be
cited appropriately when used in this task.
Task 3.4 — Prepare Aviation Forecasts
Potential aeronautical activity and based aircraft forecasts will be developed for FYV based on historical
and current activity levels (Task 3.1), national and regional aeronautical activity forecasts (Task 3.1), the
socioeconomic data (Tasks 3.2), and interviews (Task 3.3). The methodologies to develop the potential
aeronautical activity forecasts will involve a variety of statistical modeling techniques and extrapolations.
The baseline year for the forecasts will be 2022 with the first forecast year being 2023. After 2023, forecasts
will be prepared in five-year increments starting from the baseline year (2027, 2032, 2037, and 2042).
Forecasts will be prepared for the 20-year planning horizon for the following forecast models:
• Baseline Forecasts
• Based Aircraft (including fleet mix)
• Total Operations
• Derivative Forecasts
• Local vs Itinerant Operations
• Fleet Mix Operations (by Aircraft Design Group and Approach Category)
• Instrument Approaches
• Airport Peaking Characteristics
The baseline forecasts will be compared to the FAA's current Terminal Area Forecast (TAF) for the Airport.
Additionally, the Airport's current, future, and ultimate critical aircraft (aircraft type/category with at least 500
annual operations) will be identified. References to source material will be cited appropriately when used
in this task.
A one (1) hour video/teleconference meeting will be held with the Owner and FAA to review the draft
baseline forecasts (e.g. annual operations and based aircraft) options prepared by Garver and to select an
initial preferred baseline forecast in each of these areas. This task includes the preparation of presentation
materials needed for this meeting. These initial preferred baseline forecasts will then be used to complete
draft derivative forecasts (e.g. local vs. itinerant, fleet mix, IFR vs VFR, etc.).
A follow-up one (1) hour video/teleconference meeting will be held with the Owner and FAA to review the
draft derivative forecasts and collect feedback. This task includes the preparation of presentation materials
needed for this meeting. Finally, Garver will present the results of the forecasting effort to the PSC for
feedback. This is expected to be a one (1) hour video/teleconference meeting.
The primary focus of this forecasting effort is to gain acceptance of the preferred forecast model prior to
beginning the Facility Requirements phase of the project.
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Task 3.5 — Prepare Draft Report
Using the data and information obtained and evaluated during the forecasting process, a draft of the
Forecast Chapter will be prepared. The report will document assumptions and methodologies used in
preparing the aviation demand forecasts and serve as the basis for later tasks in the study.
FAA will provide an official review and approval of the final draft of the Forecast Chapter prior to moving
forward with the Facility Requirements portion of the project.
ELEMENT 4 — FACILITY REQUIREMENTS
Task 4.1 — Establishing Facility Requirements
This task focuses on identifying the general magnitude of the improvements needed to meet current and
forecasted demand at the Airport. Airport facility requirement considerations will be based on the approved
aeronautical activity forecast, current facilities, local requirements, and the vision for the Airport. Facility
requirements will be identified by Planning Activity Levels (PAL) that correspond to the approved demand
forecast and will be presented in tabular form. This task will align with the following ACs:
• AC 150/5070-6B, Airport Master Plans
• AC 150-5300-13B, Airport Design
• AC 150/5700-17, Critical Aircraft and Regular Use Determination
• AC 150/5060-5, Airport Capacity and Delay
• AC 150/5325-413, Runway Length Requirements for Airport Design
• AC 150/5360-13A, Airport Terminal Planning
• AC 150/5190-7, Minimum Standards for Commercial Aeronautical Activities
Airside Facility Requirements
In this task, Garver will utilize facility planning criteria to evaluate the sufficiency of FYV's existing airside
facilities to meet forecasted demand. These criteria shall be based upon the latest state and federal
standards (e.g. FAA Advisory Circulars), best practices (e.g. Airport Cooperative Research Program
reports) and Garver's professional experience. Airside facilities to be examined will include:
Runway Orientation (e.g. wind coverage)
Runway Length and Width (in accordance
with FAA AC 150/5325-413, 150/5300-13B,
aircraft manufacturer data, and private jet
operational policies)
Taxiways (e.g. geometrical standards,
prohibited configurations, layout, spacing,
etc.)
• Runway and Taxiway Safety Areas and
Object Free Areas
• Runway Protection Zones (RPZ)
• Runway Obstacle Free Zones
• Airfield Pavement Strength
• Airfield Markings and Lighting
• Airport NAVAIDS (including Localizer Critical
Area)
• Instrument Approaches
Special emphasis will be placed on infrastructure needs to support the entrance of emerging technologies
in aviation such as electric and other alternative powered aircraft and will align with FAA Engineering Brief
105, Vertiport Design. Facility requirements related to the instrument approach analysis will utilize the
aeronautical survey data obtained in Task 2.6.
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Landside/Terminal Facility Requirements
In this task, Garver will utilize facility planning criteria to evaluate the sufficiency of various landside/terminal
area facilities to meet forecasted demand. These criteria shall be based upon the latest local, state, and
federal requirements, best practices, and Garver's professional experience. Landside/terminal facility
requirements to be examined will include:
Aircraft parking apron (e.g. aircraft parking
and tie -down areas)
• Terminal building
• FBO facilities and amenities
• Aircraft storage hangars (T-Hangars and Box
Hangars)
• Automobile access and parking facilities
• Part 139 support facilities (SRE and ARFF)
The landside/terminal facility requirements will be developed in the form of aggregate space requirements
and will be compared to those that presently exist to identify the future development goals needed to
maintain adequate service, function, and operation of the Airport. References to source material will be
cited appropriately when used in this task.
Task 4.2 — Prepare Draft Report and Review Meetings
Using raw data and information obtained and evaluated during the Facility Requirements process, Garver
will develop a presentation outlining the results of the facility requirements analysis. This analysis will be
presented to the PSC and FAA for their review and feedback prior to the development the draft report. This
is assumed to be an in -person meeting with two (2) Garver personnel. Meeting agendas and minutes will
be provided by Garver.
Once feedback on the draft facility requirements is obtained from the PSC, a draft report will be prepared
describing the results of the facility requirements analysis. This report will present information in both
narrative and graphic format about the Airport's existing facilities and the required facilities necessary to
meet forecasted aviation demand. This report will be submitted in PDF format to the PSC for review and
comment. Updates to the report will be made based on feedback received.
ELEMENT 5 — AIRPORT ALTERNATIVES
Task 5.1 — Develop Airside Alternatives
Based on the facility requirements established in Element 4 of this scope of services, up to three (3) airside
development alternatives will be created. Airside alternatives will be based on schemes for development
within existing or expanded airport boundaries and will show necessary runway and taxiway improvements
during the 20-year planning period. Airside alternatives will be developed first and will be reviewed with the
PSC and the FAA to select a preferred alternative prior to initiating Tasks 5.2 and 5.3. The airside
alternatives will be reviewed with the PSC, Owner, Arkansas Department of Commerce — Division of
Aeronautics and FAA and a preferred airside alternative selected at an in -person meeting with two (2)
Garver personnel at the Airport.
Airside alternatives will be evaluated based on their ability to satisfy the identified facility requirements,
environmental considerations, engineering factors, cost (order of magnitude cost level), and ease of
implementation (e.g. existing business and residential impacts, land purchase, etc.).
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An evaluation matrix will be developed to compare the aforementioned factors associated with each airside
alternative.
Task 5.2 — Land -Use Planning Alternatives
Prior to developing landside/terminal area alternatives, Garver will prepare a up to three (3) land -use
development alternatives for the airport that segments portions of airport property and potential property
aquisitions into the following categories:
• Airfield Development Area — Land reserved for the development of airside facilities (e.g. runways,
taxiways, etc.) and their protected areas (e.g. safety areas, runway protection zones, object free
areas, etc.). The airfield development area will be based on the preferred airside alternative defined
in Task 5.1.
• Aeronautical Business Area — Land well suited for the development of aeronautical business (e.g.
maintenance, avionics, etc.)
• FBO Area — Land well suited to accommodate the development of an FBO.
• Private Hangar Development Area — Land well suited for the development of private hangars for
recreational or business use.
• Non -Aeronautical Development Area — Land well suited for the development of non -aeronautical
uses.
Findings from Task 2.3 will be incorporated into the alternative analysis. Other land -use categories may
be added based on the evolution of the planning effort. As an example, other land use categories could
include mixed development areas and cargo development areas. The land -use plan will be reviewed with
the PSC at an in -person meeting with two (2) Garver personnel at the Airport. Garver will finalize the land -
use plan prior to initiating Task 5.3.
Task 5.3 — Develop Landside/Terminal Alternatives
Based on the facility requirements established in the preceding project element and the preferred land -use
plan (Task 5.2), up to three (3) landside/terminal development alternatives will be created.
Landside/terminal alternatives will be based on schemes for development within existing or expanded
airport boundaries and will show necessary apron, hangar, support facilities, terminal, vehicle parking, and
roadways improvements during the 20-year planning period.
Landside/terminal alternatives will be evaluated based on their ability to satisfy the identified facility
requirements, environmental considerations, engineering factors, cost (order of magnitude cost level), ease
of implementation (e.g. existing business and residential impacts, land purchase, etc.), and their
congruence with the airside alternatives.
An evaluation matrix will be developed to compare the aforementioned factors associated with each
landside/terminal alternative.
The terminal/landside alternatives will be reviewed with the PSC and a preferred term inal/landside
alternative selected at an in -person meeting with two (2) Garver personnel at the Airport.
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Task 5.4 — Stakeholder Committee Meeting and Public Workshop
The airside alternatives, land -use alternatives, and landside/terminal alternatives will be presented to the
Stakeholder Committee (SC) in the form of a two (2) hour in -person meeting at the Airport. The goal of this
meeting will be to obtain feedback from a broad group of stakeholders on the various alternatives, land -use
plans, and the preliminary preferred alternatives.
Additionally, the airside alternatives, land -use alternatives, and landside/terminal alternatives will be
presented to the public in the form of a single two (2) hour public workshop held at the Airport. This task
includes the preparation of presentation materials and handouts needed for the SC meeting and workshop.
Two (2) Garver personnel will attend these meeting. The meetings are expected to be held on the same
day.
Feedback collected from the SC meeting and public workshop will be considered in the process of finalizing
the future development plan. A follow-up one -hour teleconference with the PSC will be held to review the
feedback obtained from the SC and public workshop and to identify any necessary revisions to the preferred
alternatives. Meeting agendas and minutes will be provided by Garver.
Task 5.5 — Environmental Review of Preferred Alternative
An environmental review for the combined preferred alternative will be prepared in accordance with FAA
Order 5050AB and Order 1050.1 F. This will include identification of key environmental issues related to
the airfield environment that may potentially affect alternative analysis. Letter coordination will be
completed for the recommended development with the US Army Corps of Engineers, US Department of
Agriculture, US Fish and Wildlife Services, Arkansas Game and Fish Commission, and the Arkansas
Historic Preservation Program. The results of the environmental review will be documented as part of Task
5.7. The findings of the analysis conducted in Task 2.3 will also be integrated into this environmental
review. This task will align with FAA Order 1050.1 F, Environmental Impacts and Procedures and FAA
Order 5050.4, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions.
As part of this task, Garver will also develop a recycling, reuse, and waste reduction program per the
requirements set forth in the FAA Modernization Act of 2012.
Task 5.6 — Utility Needs Analysis of Preferred Alternative
Garver will develop ultimate utility corridors to bring utility services to all areas of future development. Where
electric charging stations are expected, Garver will review routing for, at a minimum, 3-phase power to
those sites. Any proposed infrastructure developed as part of the emerging technology analysis will align
with FAA Engineering Brief 105, Vertiport Design.
Task 5.7 — Prepare Draft Report
Using data and information obtained and evaluated during the alternative's analysis process, a draft of the
Alternatives Chapter will be prepared. This chapter will present information, in both a narrative and graphic
format, about the Airport's development options necessary to meet forecast aviation demand and support
the vision items defined for the Airport (Task 1.4).
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This report will be submitted in PDF format to the PSC for review and comment. Updates to the report will
be made based on feedback received. Concurrence will be obtained from the Owner and FAA on the final
preferred development alternatives prior to proceeding forward.
ELEMENT 6 — AIRPORT LAYOUT PLAN DEVELOPMENT
This scope element includes the preparation an Airport Layout Plan (ALP) drawing set that meets the
requirements of:
• FAA AC 150/5300-13B, Airport Design:
• FAA Airports Standard Operating Procedure (SOP) 2.0, Standard Procedure for FAA Review and
Approval of Airport Layout Plans: and,
• FAA Airports SOP 3.0, Standard Operating Procedure for FAA Review of Exhibit `A' Airport
Property Inventory Maps.
The FAA updates the above -mentioned guidance materials from time -to -time. The specific versions
identified above are planned to be used for this project. If the FAA updates any of the guidance materials
during the course of this project, Garver and Owner will discuss how to incorporate those changes into the
ALP and whether these changes will require modifications to the project scope and fee.
This ALP set will include the following sheets:
• Cover Sheet
• Airport Data Sheet(s)
• Airport Layout Drawing (showing existing and ultimate facilities)
• Airspace Drawing
• Airspace Data Tables
• Inner Portion of the Approach Surface Drawings Sheets
• Inner Portion of the Approach Surface Tables
• Runway Centerline Profile Sheets
• Departure Surface Drawings
• Departure Surfaces Tables
• Terminal Area Drawing
• Land -Use Drawing
• Exhibit A Airport Property Map
The ALP set will be developed using computer -aided drafting program AutoCAD to facilitate revisions and
transfers to other systems. The ALP will be completed using standard paper size (24" by 36"), layer
structure, line types, and plot styles using AutoCAD 2021 or newer.
The ALP and completed SOP checklists will be submitted electronically to the FAA for their review.
Additional details regarding the sheets to be included in the ALP are provided below.
Once approved by FAA, a printed copy of the full ALP set (24" x 36") will be provided to the Owner.
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Task 6.1 — ALP Cover Sheet and Airport Data Sheet
Garver will prepare an ALP Cover Sheet and Airport Data Sheet meeting the requirements set forth in FAA
SOP 2.00. The data sheet will include notations regarding existing and ultimate conditions including critical
aircraft and associated design standards. This will serve to establish near -term development and support
operational planning and environmental improvement programs.
Task 6.2 — Airport Layout Drawing — Existing/Ultimate
Garver will prepare an Airport Layout Drawing (ALD) reflecting existing and ultimate conditions, including
associated design standards for the current/future/ultimate critical aircraft at FYV, as identified in Task 6.1.
The drawing will include the identification of the following:
• Runway, taxiways, buildings, NAVAIDS, parking areas, roads, lighting, fueling facilities, tie -down
areas, and other prominent airport features with dimensions.
• Trees, streams, known utility lines, towers, and other prominent natural features.
• Airport boundaries, runway protection zones, easements, and other areas that need to be
controlled by the airport.
• Areas reserved for future aviation and non -aviation development (land -use).
• Topographic contours.
Task 6.3 — Airport Airspace and Inner Portion of the Approach Surface Drawings and Data Tables
Garver will prepare the 14 CFR Part 77 airspace drawing and data table sheets for the Airport and
surrounding area based on the ultimate runway conditions.
Garver will prepare the inner portion of the approach surface drawings and data table sheets for the Airport
to reflect existing and ultimate conditions.
Aeronautical survey data obtained in Task 2.6 will be utilized for this task.
Task 6.4 — Runway Centerline Profile Sheet
Garver will prepare a runway centerline profile sheet using centerline elevations obtained from the
aeronautical survey.
Task 6.5 — Runway Departure Surface Drawings and Data Tables
Garver will prepare the runway departure surface drawings and data tables to reflect departure surface as
defined in FAA AC 150/5300-13B. These drawings will only be completed for runway ends expected to be
used for Instrument Flight Rules (IFR) operations. Aeronautical survey data obtained in Task 2.6 will be
utilized for this task.
Task 6.6 — Terminal Area Drawing
Garver will prepare two (2) terminal area drawings showing a more detailed view of the established and
ultimate terminal development area at FYV.
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Task 6.7 — On -Airport Land Use Drawing
A detailed and comprehensive land use plan for the area within the boundaries of the airport property line
will be prepared based on the identified overall development concept. Surrounding land -uses immediately
adjacent to FYV will also be identified. A 65 Day -Night Level noise contour is not included with this scope
of work.
Task 6.8 — Exhibit A Property Map
Garver will prepare an Exhibit A property map in accordance with FAA ARP SOP 3.00. Existing property
information will be obtained from the Owner. Any identified gaps in property information will be researched
by Garver (or their designee) to obtain historical deed information necessary to complete the Exhibit A
property map. Copies of all deed information obtained by Garver will be provided to the Owner for future
use. If Garver is unable to reasonably obtain historical deed information for any existing or ultimate parcels
of airport property, the issue will be discussed with the Owner and FAA to identify how the discrepancy
should be addressed. This effort does not include support for any proceedings (e.g. legal, arbitration, etc.)
related to property discrepancies or other efforts beyond the review of historical property information (e.g.
establishing new deeds or easements).
ELEMENT 7 — AIRPORT CAPITAL IMPROVEMENT PROGRAM / FINANCIAL PLAN
Task 7.1 — Airport Development Program
Using the data collected and developed during previous project elements, Garver will create a
comprehensive multi -year airport Capital Improvement Program (CIP) and phasing plan. This CIP will cover
the 20-year planning period and will be divided into a three-phase development program:
short-term (0-5 years), mid-term (6-10 years), and long-term (11-20 years).
The short-term program will be provided year by year, providing a clear prioritization of near -term projects.
Project implementation triggers will be established for each project defined within the CIP to aid the Owner
and FAA in determining when various projects need to be executed in the future.
The proposed timing of future improvements will be in accordance with future demand levels and include
any necessary changes or additions to airport infrastructure (including compliance with airport design
standards), NAVAIDS, and property interests.
Task 7.2 — Airport Development Probable Costs
Planning -level probable development costs will be prepared for each project in each phase of the CIP.
Development costs will be estimated for each item and will be based on the preferred development concept.
These estimates of probable costs will include land acquisition, construction costs, and design fees. Cost
estimates will be prepared in current -year dollars and are developed for planning purposes only.
Task 7.3 — Financial Plan
A review of the various local, State, Federal, and private funding sources for airport development will be
completed and the best potential funding source for each project will be identified. This analysis will provide
a breakdown of the types of projects that will be eligible for FAA grant funding and will identify those that
will require other funding sources. Any potential use of Passenger Facility Charge (PFC) Program funds
will align with Federal Register Notice, Volume 69, No. 27: Notice of Policy Regarding the Eligibility Airport
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Ground Access Transportation Projects for Funding Under the Passenger Facility Charge Program. As
part of this effort, Garver will complete an online search to identify any potential non -FAA grant funding
sources that could be utilized to fund any planned airport projects.
Task 7.4 — Prepare Draft Report
Using the data and information obtained in developing the CIP, a CIP and Financial Plan Chapter will be
prepared clearly laying out the Airport's CIP, project trigger mechanisms, project cost estimates, and
potential funding sources. This report will be submitted in PDF format to the PSC for review and comment.
Updates to the report will be made based on feedback received.
ELEMENT 8 — OBSTRUCTION MITIGATION ACTION PLAN
Task 8.1 — Obstruction Mitigation Action Plan
Using the data collected and developed during Task 2.6, Garver will create an action plan which identifies
critical obstructions and evaluates potential mitigation plans based on impacts to the existing and future
Part 77 surface. This plan will consider state requirements, obligations, and funding sources regarding
obstruction management. It should be noted the Action Plan will consist of recommendations only and it is
the Owner's responsibility to mitigate obstructions at their own discretion. This task will align with the
following ACs and FAA guidance:
• AC 120-91 A, Airport Obstacle Analysis
• AC 150-5190-413, Airport Land Use Compatibility, published Sept. 16, 2022
• Policy Guidance on Approach and Departure Surface Protection, published Sept. 19, 2022
This plan is expected to be approximately 10-15 pages and will accompany the Final Draft Airport Master
Plan Report as an appendix.
ELEMENT 9 — FINAL DOCUMENTATION
Task 9.1 — Final Draft Report and Executive Summary
A final "draft" report will be assembled from the information developed in previous tasks. The final draft will
be submitted to the PSC in PDF for review and comment. Garver will review final comments provided by
the PSC and will incorporate them into the final report, as appropriate. The final draft will include an
Introduction Chapter, table of contents, and dividers.
As a final product, Garver shall prepare an Executive Summary of the AMP. The purpose of the Executive
Summary will be to serve as an informational tool to existing and potential airport businesses and tenants.
The Executive summary will consist of two (2) to four (4) colored pages of text and graphics portraying a
summary of the AMP. Garver shall provide the Owner with an electronic version of the Executive Summary
in a PDF format for the Owner's use.
Task 9.2 — Final Report
One copy of the final report will be printed and submitted to the Owner. A 24" x 36" printed version of the
signed ALP will be provided to the Owner. In addition, an electronic copy of the study and associated
drawings will be provided via a file share service to the FAA and the Owner. The ALP files will be in AutoCAD
and PDF formats.
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Deliverable Summary:
• Draft Inventory Chapter (PDF)
• Runway Safety Area Inventory (PDF)
• Draft Forecast Chapter (PDF)
• Draft Facility Requirements Chapter (PDF)
• Draft Development Alternatives (PDF)
• Draft Airport Layout Plan (PDF)
• Draft Airport Capital Improvement Plan / Financial Plan (PDF)
• Draft Final Report including Drainage Report and Obstruction Mitigation Plan (PDF)
• Executive Summary (PDF)
• Final Airport Layout Plan (One 24" x 36" printed set, PDF, and AutoCAD file)
• Final Report (One printed copy and PDF)
Additional printed copies of plans or reports requested outside of this scope of work will be billed at rate
listed in fee schedule. Deliverables specific to Task 2.6 — Aeronautical Survey are detailed in Exhibit 1.
Meeting Summary:
• Kick -Off Meeting (virtual)
• Site Visit (in -person)
• Visioning Session (in -person)
• Forecasting Interviews (virtual)
• Initial Forecast Review with Owner and FAA (virtual)
• Follow Up Forecast Review with Owner FAA (virtual)
• Facility Requirements Review (in -person)
• Airside Development Alternatives Review (in -person)
• Land -Use Alternatives Review (in -person)
• Terminal / Landside Alternatives Review (in -person)
• Stakeholder Meeting #2 (in -person)
• Public Workshop (in -person)
Additional in -person meetings out of this scope of work will be billed at hourly rates and expenses listed in
fee schedule.
Extra Work:
For clarification purposes, the proposed scope of services for this AMP specifically does not include any of
the following items/tasks stated below:
• Survey work beyond the Aeronautical Survey described in Task 2.6
• Utility and drainage location investigation or research other than what is expressly included in the
scope of services
• Pavement coring or geotechnical analysis
• Instrument Approach Development
• Development or modification to GIS systems or tools
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• Revisions to, or the development of language to revise, Airport leases, rules and regulations,
minimums standards, or other airport policies
• Development of airport strategy, business, economic impact, or marketing plans
• Detailed facility assessments/reviews
• Facility condition testing or the establishment of a pavement maintenance program
• Environmental review and analysis beyond what is publicly available or obtained through letter
coordination
• National Environmental Policy Act approval for future airport development projects
• Environmental coordination with agencies outside of those defined in the scope of services
• Environmental testing or investigation work
• Graphic conceptual renderings of existing or future facilities
• The preparation of materials and exhibits for leases, development contracts, or other
documents/materials outside of this AMP
• Detailed engineering cost estimates
• Design or conceptual design work
• Detailed land development planning
• Land acquisition services
• Support for any proceedings (e.g. legal, arbitration, etc.) related to resolving property ownership
discrepancies or supporting the development of any new property documentation (e.g. deeds,
easements, etc.).
• Assessment of environmental characteristics involving hazardous or toxic substances identified
during the geotechnical analysis
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Exhibit 1 — Aeronautical Survey Scope of Work:
NV J GEOSPATIAL
QUANTUM SPATIAL
October 28, 2022
Mr. John Rostas
Garver, LLC
4701 Northshore Drive
North Little Rock, AR 72118
Project: 041916 I Aeronautical Obstruction Survey — Drake Field Airport (FYV)
Dear Mr. Rostas,
This summary of work describes the scope of work and services required for an Airport Layout Plan update
and aeronautical obstruction survey at the Drake Field Airport (FYV) located in Fayetteville, AR. The project
will be done in compliance with ADIP policies and will include an airport airspace analysis for vertically
guided operations for EXISTING Runway 16/34. The Advisory Circulars identified below detail the data
collection requirements and accuracies for the project and the verification process by the Federal Aviation
Administration (FAA) and the National Geodetic Survey (NGS).
• AC 15015070-6B, Change 2 "Airport Master Plans"
• AC 15015300-13A, Change 1 "Airport Design"
• AC 150/5300-16B "General Guidance and Specifications for Aeronautical Surveys: Establishment of
Geodetic Control and Submission to the National Geodetic Survey"
• AC 15015300-17C, Change 1 "Standards for Using Remote Sensing Technologies in Airport Surveys"
• AC 150/5300-188, Change 1 "General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards"
Summary of Work
The purpose of this project is to accomplish an FAA Airport Airspace Analysis Survey for all surfaces
defined in FAA Advisory Circular 150/5300 -18B: Section 2.7.1.1 Runways with Vertical Guidance.
For this project, we will acquire new vertical stereo digital imagery at a physical image scale of 1"=2,500' of
the obstruction surface areas and 1'=1,250' of the mapping limits. The aerial imagery will cover all of the
Airspace Analysis surfaces using an UltraCam Falcon prime (UCFp) camera, or comparable, during leaf -on
conditions.
From the 1 "=2,500 imagery, we will produce the following:
• Limited landmark feature planimetric mapping
■ Color digital orthophotos with a 1.0' pixel resolution
• Identification and mapping of obstruction obstacles for all of the VG surfaces
From the 1"=1,250' imagery, we will produce the following:
• 100 scale mapping with 2' contours of the mapping limits (714 acres)
• Color digital orthophotos with a 0.5' pixel resolution
• Identification and mapping of obstruction obstacles for the VGRPS, VGPCS, VGPS surfaces
The online SOW will be prepared during project initiation with input from the airport, Garver, and NV5
Geospatial. NV5 Geospatial will be responsible for preparation and submittal of the Survey and Quality
Control Plan, Imagery Acquisition Plan, Imagery Acquisition Report, Final Project Report and all associated
data files as required for submission to the FAA ADIP online database.
Quality Standards
The project has been designed to conform to the National Map Accuracy Standards for 1"=100' scale
planimetric feature collection, two foot contours and six and twelve inch orthophoto production. In addition,
N6216 Resource Drive. Sheboygan Falls, WI 53085
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N V S GEOSPATIAL
we ensure that the photogrammetric mapping will meet all FAA and NGS standards. We will exercise
reasonable care and will conform to the standards of practice ordinarily used by the photogrammetric
profession.
Project Area
The project area encompasses all of Drake Field Airport (FYV) inclusive of the obstruction surfaces as
defined in AC 15015300-18B.
Control Surveying
The aerial photography will be completed with ABGPS control which will be used for the base control for the
geo-referencing of the aerial imagery. NV5 Geospatial will process the ABGPS data using CDR stations
and reference it to the project control datums:
Horizontal: North American Datum of 1983/2011 (NAD 83(2011)), in the AR State Plane Coordinate System.
North Zone in US survey feet.
Vertical: North American Vertical Datum of 1988 (NAVD 88)
NV5 Geospatial will complete all of the remaining on -site ground control surveys, including
• Geodetic control validation of the existing airport PACS and SACS stations or establish temporary
airport control according to the guidelines established in AC 15015300-16B
• Establishing all necessary photo -identifiable ground control and FAA mandated check -points required
to validate the ABGPS and IMU control.
■ Collection of all the airport runway end positions
■ Collection of vertical profiles for all runways
• Collection of the position, elevation, and where required the appropriate navigational aid perpendicular
point of all electronic and visual navigational aids (NAVAIDS) located on the airport and associated with
any current instrument approach servicing the airport
■ All other tasks, not specifically listed above, as outlined in FAA AC-1813, Table 2-1 "Survey
Requirements Matrix" for Airport Layout Plan
■ Full field -collected attribution of all airport features
• Final Survey Report
Photogrammetric Mapping
We will collect the features normally shown on 1"=100' scale mapping within the mapping limits identified in
the exhibit. We will build a digital terrain model (DTM) by collecting masspoints and breaklines. These DTM
elements will be used to construct a triangulated irregular network (TIN) surface from which 2' contours will
be interpolated. Contours will be dashed in areas where the ground is obscured by trees, dense brush,
deep shadows or other obstructing features. Dashed contours indicate a lower level of accuracy. Additional
field surveys should be performed in areas of dashed contours prior to design. All contours will be
continuous polylines. The final data will be delivered in ESRI Shapefile format (FAA) and AutoCAD format
(Garver).
Orthophoto Mapping
We will use the control solution and imagery to generate a Digital Elevation Model (DEM) of the VG
surfaces. The imagery will be processed into color digital orthophotos using the aforementioned DEM to
rectify the images. Orthophotos for the entire project area will be developed with a 1.0' pixel resolution and
for the Mapping Limits, with a 0.5' pixel resolution. Orthos will be delivered in a GeoTIFF file format.
N6216 Resource Drive. Sheboygan Falls, WI 53085
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QUANTUM SPATIAL
18B Obstruction Surveys
The Obstructions Surfaces to be uploaded to the ADIP database will satisfy the requirements of AC
15015300-18B:
• 2.7.1.2 Analysis of EXISTING Runway 16/34 with Vertically Guided Operations
(Surfaces include the VGRPS, VGPCS, VGAS, VGPS, VGATS, VGHS, and VGCS)
Other Obstruction Surveys
As shown in attached exhibits, other obstructions to be provided directly to Garver include:
• Existing Runway 16/34 - Part 77 — RW 16 - NPIR(D) & RW 34 — NPIR(C)
• Existing Runway 16/34 — AC 138 — Surface 5 (- % mile)
The specific types and quantities of obstructions for each surface are outlined and clearly defined for the
particular surface in each circular section. Any obstructions that meet the requirement of the circular, but
are of a nature that elevations at the highest point of the obstruction are virtually impossible to read through
photogrammetric methods (cell tower, electrical tower, etc.), will be identified and relayed to the surveyor to
initiate field surveyed elevations for the obstruction.
The obstruction delivery will include the limited landmark planimetric feature collection
The final data will be uploaded in ADIP in ESRI Shapefile format.
Production Schedule
We will work with you to finalize a mutually agreeable schedule for the project after FAA Control Plan
approvals. We will make a reasonable effort to maintain the agreed -upon schedule. However, should the
project be interrupted by technical problems beyond our control, including control deficiencies or map file re-
deliveries rescheduling may become necessary.
Deliverables
NV5 Geospatial will submit all data collected and associated required deliverable in the formats specified in
the appropriate advisory circulars to the FAA Office of Airports, Airports Surveying-GIS Program. All data
submissions to the FAA will be through the program's web site at htto://airl)orts-gis.faa.gov.
The AC 150/5300-17C project data deliveries that will not be submitted through the web site will be
delivered on external hard drives or DVDs.
Deliverables
The 188 deliverables that will be uploaded to the ADIP website include:
• Imagery Plan and Survey and Quality Control Plan
• Image Delivery (sent to FAA)
• Color digital orthophotos (sent to FAA)
■ Digital limited landmark detail outside the airport
■ Obstruction survey data for EXISTING Runway 16/34
• Planimetric data and two foot contours to 18B specs (Shapefile format)
• Photogrammetrically derived and surveyed attributes in defined format
• Surveyed ends and profile for each runway
■ NAVAID data
N6216 Resource Drive. Sheboygan Falls, WI 53085
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• FGDC compliant metadata
• Final Report
NV S GEOSPATIAL
QUANTUM SPATIAL
We will deliver the following items to Garver:
• Planimetric data and two foot contours in AutoCAD format (mapping limits)
• Color digital orthophotos with a 1.0' pixel resolution in GeoTIFF (ortho limits)
• Color digital orthophotos with a 0.5' pixel resolution in GeoTIFF (mapping limits)
• Other obstruction survey data in AutoCAD/ExceVCSV file format
• 2 color enlargements (30°x40") covering the airport and surrounding area (mountedAaminatedlframed)
All digital files will be delivered on external hard drive or CD/DVD.
Cost and Payment Terms
Compensation for the above services will be provided as a lump sum cost:
Client Responsibilities
The successful and timely completion of this project is dependent upon a number of elements and work
tasks, some of which involve participation by Garver. You will be responsible for designating a
representative for the project who will have the authority to transmit instructions, receive information, and
make timely decisions with respect to the services provided by NV5 Geospatial.
NV5 Geospatial Representative
We are excited to announce that we have rebranded to become NV5 Geospatial powered by Quantum
Spatial. This is a natural progression for our brand as we continue to integrate our solutions into the NV5
family. "Quantum Spatial, Inc dba NV5 Geospatial" is a wholly -owned subsidiary of NV5 Global, Inc.
Jill Mahoney, Project Manager and Martin Zook, Technical Manager, will represent us during the
performance of the services to be provided under this agreement. Each has the authority to transmit and
receive instructions and make decisions with respect to the services. Each is authorized to commit the
necessary resources towards completing the services described herein.
We look forward to working with you and your staff to complete this project in a timely and cost effective
manner. Should you have any questions, please call our office at 803-351-3136 or email me at the address
shown below.
Sincerely,
INVV55 tial
rigg
Aviation Program Director
David. Grigg(cDnv5.com
N6216 Resource Drive. Sheboygan Falls, WI 53085
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QUANTUM SPATIAI.
N6216 Resource Drive, Sheboygan Falls, WI 53085
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QUANTUM SPATIAI.
N6216 Resource Drive, Sheboygan Falls, WI 53085
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7UANTUM SPATIAL
N6216 Resource Drive, Sheboygan Falls, WI 53085
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QUANTUM SPATIAI.
N6216 Resource Drive, Sheboygan Falls, WI 53085
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QUANTUM SPATIAI.
N6216 Resource Drive, Sheboygan Falls, WI 53085
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N6216 Resource Drive, Sheboygan Falls, WI 53085
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IIIANt1IM'PATIAI
N6216 Resource Drive, Sheboygan Falls, WI 53085
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QUANTUM SPATIAI.
N6216 Resource Drive, Sheboygan Falls, WI 53085
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EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 1 - PROJECT MANAGEMENT/ADMINISTRATION
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
AM-3
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$44.01
$32.16
hr
hr
hr
hr
hr
hr
hr
1. PROJECT MANAGEMENT/ADMINISTRATION
Task 1.1 — Project Kick -Off Meeting
- Meeting 1 and Post Meeting Documentation
4
6
Task 1.2 — Establish Project Steering Committee, Stakeholder Committee,
Stakeholder Coordination Strategy, and Project Website/Stakeholder
PSC Establishment and Outreach
1
4
2
SC Establishment and Outreach
1
4
2
Additional Stakeholder Strategy
1
2
1
Website Development and Administration
1
3
5
Survey Development and Administration
1
3
5
Task 1.3 — Initial Site Visit and Interviews
Site Visit
6
6
Interviews and Post Interview Documentation
6
6
Task 1.4—Visioning Session
- Meeting 1 and Post Meeting Documentation
6
8
Task 1.5 - Project Management and Grant Administration
Grant Applications
Grant Reimbursement Requests
Quarterly Performance Reports
2
8
Closeout
1
2
- General Administration
4
10
6
Coordination with Subconsultants
4
12
2
ubtotal - PR JE T MANA EMENT ADMINISTRATION
11
59
55
0
0
10
0
Hours
Salary Costs
SUBTOTAL - SALARIES:
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment
Travel Costs
SUBTOTAL - DIRECT NON -LABOR EXPENSES
11 59 55 0
$930.16 $4,482.23 $2,677.95 $0.00
$8,530.44
$16,293.99
$188.90
$2,000.00
$2,188.90
SUBTOTAL: $27,013.33
SUBCONSULTANTS FEE: $0.00
PROFESSIONAL FEE $3,723.67
TOTAL FEE: $30,737.00
0 10 0
$0.00 $440.10 $0.00
Page 146 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 2 - INVENTORY OF EXISITING CONDITIONS
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-3
E-1
T-1
$84.56
$75.97
$48.69
$134.20
$80.66
$56.45
$40.78
$29.28
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 2 — INVENTORY OF EXISTING CONDITIONS
Task 2.1 — Initial Documentation Review
- Historical Projects, Grant History, and Current / Planned Projects
2
8
- FAA Documentation / Airport Layout Plan
2
8
- Existing and Planned Airport Activities
2
8
- National and Statewide Plans
2
8
- Airport Use (Fuel Sales, Hangar Waitlist, Operations, Based Aircraft)
2
10
- Financial Data
1
4
- Environmental, Land Use, Topograpgy, and Utilities
2
10
2
- Data Analysis
4
20
- Charts and Graphics
2
2
4
10
Task 2.2 — Utility Mapping and Analysis
- Data Collection, Review, and Mapping
8
8
Task 2.3 - Airport Drainage Assessment
Data Collection
GIS Data
6
6
- Historical Flooding Information
6
- Review Available As -Built Plans
4
8
- FEMA Floodplain Data
4
- Historical and Statstical Rainfall Data
6
Existing Conditions 2D Screening Model
30
- Internal CIA / QC
4
8
Existing Conditions - Hydrologic Analyses
- Review of Current FEMA Data
4
8
- Update of Hydrologic Analysis (Statistical and/or Unit Hydrograph Only)
4
8
Existing Conditions 1 D RAS Model
- Ward Slough (West Fork White River)
30
- Airport Branch
30
- Internal CIA / QC
4
Flood Mapping
8
16
Drainage Report
12
16
Task 2.4 — Prepare Draft Inventory Chapter
- Airfield and Terminal Area
1
2
12
- Instrument Approaches
1
1
4
- FBO Building and Hangar Utilization
1
1
6
- Auto Access and Parking
1
1
6
- Utilities
1
1
4
- Environmental Overview
1
2
6
- Land Use and Controls
1
2
6
Task 2.5 - Runway Safety Area Inventory
- Runway Safety Area Inventory Form
1
2
Task 2.6 - Aeronautical Survey
- Review and Administration of Aeronautical Survey
2
4
6
Internal CIA / QC
4
1jil0t0tal - ELEMENT 2 — INVENTORY OF EXISTING CONDITIONS
15
34
132
0
18
46
176
10
Hours
15 34 132 0 18 46 176 10
Salary Costs $1,268.40 $2,582.98 $6,427.08 $0.00 $1,451.88 $2,596.70 $7,177.28 $292.80
SUBTOTAL - SALARIES: $21,797.12
ADMINISTRATIVE OVERHEAD: $41,634.68
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment $96.43
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $96.43
SUBTOTAL: $63,528.23
SUBCONSULTANTS FEE (Aeronautical Survey): $95,672.00
PROFESSIONAL FEE $9,514.77
TOTAL FEE: $168,715.00
Page 147 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 3 - AVIATION ACTIVITY FORECASTS
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 3 - AVIATION ACTIVITY FORECASTS
Task 3.1 — Inventory of Historical and Current Air Traffic Activity
Local TAF / TFMSC Review
1
3
Hourly / Daily / Monthly Peaking Review
1
3
FAA Aerospace Forecast Review
1
3
GAMA Annual Report Review
1
3
Emerging Technology Review
1
4
Task 3.2 - Historical and Forecasted Socioeconomic Factors
Employment and Income Trends
1
4
Population Trends
1
4
Regional Economic Trends
1
4
Task 3.3 - Forecasting Interviews
- Interviews and Post Interview Documentation
2
4
Task 3.4 - Prepare Aviation Forecasts
Establish Baseline Forecasts
2
6
Derivative Forecasts
2
6
Initial Forecast Review Meeting
4
4
Follow Up Forecast Review Meeting
4
4
Task 3.5 - Prepare Draft Report
- Draft Report Preparation
4
2
4
Internal CA / QC
4
ubtotal - ELEMENT 3- AVIATION A TIVITY F RE A IS
8
24
56
0
0
0
0
0
Hours
Salary Costs
SUBTOTAL - SALARIES:
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment
8 24 56 0 0
$676.48 $1,823.28 $2,726.64 $0.00 $0.00
$5,226.40
$9,982.95
$19.25
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$19.25
SUBTOTAL:
$15,228.60
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE
$2,281.40
TOTAL FEE:
$17,510.00
0 0 0
$0.00 $0.00 $0.00
Page 148 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 4 - FACILITY REQUIREMENTS
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 4 - FACILITY REQUIREMENTS
Task 4.1 — Establishing Facility Requirments
Runway Orientation
1
2
1
Runway Length and Width Analysis
2
5
1
Taxiway System Analysis
2
5
2
Runway and Taxiway Safety and Object Free Area Analysis
1
4
1
Runway Protection Zone Analysis
1
4
1
Runway Obstacle Free Zone Analysis
1
4
1
Airfield Pavement Strength Analysis
2
4
Airfield Markings and Lighting Analysis
1
4
Regional Economic Trends Analysis
2
4
Airport NAVAIDS Analysis
1
4
Instrument Approach Analysis
1
4
Aircraft Parking Apron Analysis
1
6
2
Terminal Building Analysis
1
4
FBO Facilities and Amenities Analysis
1
4
Aircraft Storage Hangar Analysis
1
4
Automobile Access and Parking Facility Analysis
1
2
1
Task 4.2 - Prepare Draft Report and Review Meetings
Draft Report Preparation
4
1 2
4
Meeting 1 and Post Meeting Documentation
8
8
4
Internal QC / QC
8
Subtotal - ELEMENT 4 - FACILITY REQUIREMENTS
12
30
76
0
4
0
10
0
Hours
Salary Costs
12 30 76 0
$1,014.72 $2,279.10 $3,700.44 $0.00
SUBTOTAL - SALARIES:
$7,609.70
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
$14,535.29
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment
$47.26
Travel Costs
$2,000.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $2,047.26
SUBTOTAL:
$24,192.25
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE
$3,321.75
TOTAL FEE:
$27,514.00
4 0 10 0
$322.64 $0.00 $292.80 $0.00
Page 149 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 5 - DEVELOPMENT ALTERNATIVES
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 5 - DEVELOPMENT ALTERNATIVES
Task 5.1 —Develop Airside Alternatives
Analysis and Development of 3 Airside Alternatives
4
10
5
1
20
Preferred Airside Alternative Meeting
8
8
4
Task 5.2 - Land Use Planning Alternatives
Analysis and Development of 3 Land Use Plan Alternatives
4
10
5
20
Land -Use Alternative Meeting
8
8
4
Task 5.3 - Develop Landside/Terminal Alternatives
Analysis and Development of 3 Landside/Terminal Alternatives
4
10
5
20
Preferred Landside/Terminal Alternative Meeting
8
8
4
Task 5.4 - Stakeholder Committee Meeting and Public Workshop
SC Meeting
8
8
4
Public Workshop
8
8
4
Task 5.5 - Environmental Review of Preferred Alternative
Environmental Analysis
8
20
Agency Coordination
2
6
Recycling, Reuse, and Waste Reduction Program
4
8
Task 5.6 - Utility Needs Analysis of Preferred Alternative
- Utility Needs Analysis
4
4
8
Task 5.7 - Prepare Draft Report
- Draft Report Preparation
8
2
4
Internal CA / QC
15
Subtotal -
23
1 72
1 112
1 0
43
0
60
1 0
Hours 23 72 112 0 43 0 60 0
Salary Costs $1,944.88 $5,469.84 $5,453.28 $0.00 $3,468.38 $0.00 $1,756.80 $0.00
SUBTOTAL - SALARIES: $18,093.18
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD: $34,559.78
DIRECT NON -LABOR EXPENSES
Office Suppplies/Equipment $115.09
Travel Costs $9,000.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $9,115.09
SUBTOTAL:
$61,768.05
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE
$7,897.94
TOTAL FEE:
$69,666.00
Page 150 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 6 - AIRPORT LAYOUT PLAN DEVELOPMENT
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 6 - AIRPORT LAYOUT PLAN DEVELOPMENT
Task 6.1 - ALP Cover Sheet and Airport Data Sheet
2
4
8
Task 6.2 - Airport Layout Drawing - Existing / Ultimate
- Existing ALP
4
10
32
- Ultimate ALP
2
4
16
4
Task 6.3 - Airport Airspace & Inner Portion of Approach Sfc. Drawings and Data Table
4
10
24
Task 6.4 - Runway Centerline Profile Sheet
2
4
10
Task 6.5 - Runway Departure Surface Drawings and Data Tables
2
10
24
Task 6.6 - Terminal Area Drawing
8
20
34
Task 6.7 - On -Airport Land Use Drawing
4
8
20
Task 6.8 - Exhibit A Property Map
10
28
40
Internal QC / QC
8
Subtotal - ELEMENT 6 - AIRPORT LAYOUT PLAN DEVELOPMENT
8
38
98
0
0
0
208
4
Hours 8 38 98 0 0 0 208 4
Salary Costs $676.48 $2,886.86 $4,771.62 $0.00 $0.00 $0.00 $6,090.24 $128.64
SUBTOTAL - SALARIES: $14,553.84
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD: $27,799.29
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment $31.90
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$31.90
SUBTOTAL:
$42,385.03
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE
$6,352.97
TOTAL FEE:
$48,738.00
Page 151 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 7 - AIRPORT CAPITAL IMPROVEMENT PROGRAM / FINANCIAL PLAN
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 7 - AIRPORT CAPITAL IMPROVEMENT PROGRAM / FINANCIAL PLAN
Task 7.1 - Airport Development Program
- Identification of Project Prioritization and Phasing
2
12
8
12
Task 7.2 - Airport Development Probable Costs
- Cost Estimate Development
4
8
34
Task 7.3 - Financial Plan
- Identification of Funding Sources
4
6
12
- AIP Eligibility Analysis
2
4
3
Task 7.4 - Prepare Draft Report
- Draft Report Preparation
4
2
4
Internal CA / QC
4
Subtotal - LLLML -
FINANCIAL PLAN
8
14
34
0
42
0
0
27
Hours
8 14 34 0 42 0 0 27
Salary Costs $676.48 $1,063.58 $1,655.46 $0.00 $3,387.72 $0.00 $0.00 $868.32
SUBTOTAL - SALARIES: $7,651.56
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
$14,615.24
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment
$33.17
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$33.17
SUBTOTAL:
$22,299.97
SUBCONSULTANTS FEE (CIP Analysis):
$12,000.00
PROFESSIONAL FEE
$3,340.02
TOTAL FEE:
$37,640.00
Page 152 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 8 - OBSTRUCTION MITIGATION ACTION PLAN
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 8 - OBSTRUCTION MITIGATION ACTION PLAN
Task 8.1 - Obstruction Mitigation Action Plan
- Identification of Critical Obstructions
1
2
8
8
- Potential Mitigation Plan Evaluation
1
2
10
Internal CIA / QC
2
Subtotal - ELEMENT 8- OBSTRUCTION MITIGATION ACTION PLAN
4
4
18
0
0
0
8
0
Hours 4 4 18 0 0 0 8 0
Salary Costs $338.24 $303.88 $876.42 $0.00 $0.00 $0.00 $234.24 $0.00
SUBTOTAL - SALARIES: $1,752.78
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
$3,347.99
DIRECT NON -LABOR EXPENSES
Office Supplies/Equipment
$114.12
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$114.12
SUBTOTAL:
$5,214.89
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE $765.11
TOTAL FEE: $5,980.00
Page 153 of 284
EXHIBIT B-06
CITY OF FAYETTEVILLE
DRAKE FIELD AIRPORT MASTER PLAN
ELEMENT 9 - FINAL DOCUMENTATION
WORK TASK DESCRIPTION
P-4
P-3
P-1
E-7
E-5
E-4
T-1
AM-2
$84.56
$75.97
$48.69
$134.20
$80.66
$66.66
$29.28
$32.16
hr
hr
hr
hr
hr
hr
hr
hr
1. ELEMENT 9 - FINAL DOCUMENTATIONICOORDI NATION MEETINGS
Task 9.1 - Final Draft Report and Executive Summary
- Prepare Final Draft Report
2
3
12
- Prepare Executive Summary
1
2
6
Task 9.2 - Final Report
- Prepare Final Report
1
2
4
- Prepare Final ALP Set
1
2
4
Internal CIA / QC
1
Subtotal - ELEMENT 9- FINAL DOCUMENTATION/COORDINATION MEETINGS
1
5
9
0
0
0
4
22
Hours
Salary Costs
SUBTOTAL - SALARIES:
LABOR AND GENERAL
ADMINISTRATIVE OVERHEAD:
DIRECT NON -LABOR EXPENSES
Document Reproduction / Printing
Office Supplies/Equipment
1 5 9
$84.56 $379.85 $438.21
$1,727.26
$3,299.24
$1,000.00
$85.53
SUBTOTAL - DIRECT NON -LABOR EXPENSES:
$1,085.53
SUBTOTAL:
$6,112.03
SUBCONSULTANTS FEE:
$0.00
PROFESSIONAL FEE
$753.97
TOTAL FEE:
$6,866.00
0 0 0 4 22
$0.00 $0.00 $0.00 $117.12 $707.52
Page 154 of 284
Billy Bryant
Submitted By
City of Fayetteville Staff Review Form
2022-0557
Legistar File ID
7/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/15/2022 BUILDING SAFETY (640)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of the Resolution ordering the Raze and Removal of a dilapidated and unsafe structure
located at 2860 E. Wyman Rd., and to approve a budget adjustment of $17,800.00 for the project. The current
balance of $4,856.00 in 1010.640.6400-5315.04 has not been spent, but has already been included on another
project (2022-0209).
1010.640.6400-5 315.04
Account Number
50033.2202
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
General
Fund
Raze and Removal
Project Title
Current Budget $ 4,856.00
Funds Obligated $ 4,856.00
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 17,800.00
$ 17,800.00
V20210527
Previous Ordinance or Resolution #
Approval Date:
Page 155 of 284
CITY OF
FAYETTEVILLE
® ARKANSAS
MEETING OF JULY 5T", 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Dennis Sanders, Building Safety Director
FROM: Billy Bryant, Senior Code Compliance Officer
DATE: June 14, 2022
CITY COUNCIL MEMO
SUBJECT: Raze and Removal of Structures at 2860 E Wyman Rd.
RECOMMENDATION:
Staff recommends approval of a resolution ordering the Raze and Removal of a dilapidated and
unsafe structure located at 2860 E. Wyman Rd., and to approve a budget adjustment in the
amount of $17,800.00 for the project.
BACKGROUND:
This property was brought to the attention of Code Compliance through an anonymous
complaint. Upon inspection of the property staff found a structure that is on the verge of
collapse. A code case for raze and removal of the structure was opened on October 6th, 2021.
Contact was made with the owner, and he was made aware of the issues and concerns with the
structure. Issues being non-functioning roof, collapsing walls, and a crumbling foundation. The
owner mentioned intentions of correcting the structure and bringing the structure back up to
code. As is Code Compliance standard practice, the owner was afforded the opportunity to
resolve violations before legal action is taken. In this instance, this included time to obtain a
building permit to repair the structure. Given the owner's financial circumstances, Code
Compliance exercised as much flexibility as possible. The permit was applied for on December
3, 2021. The building permit was approved through the building safety division. The owner
neglected to pay the fees associated with the permit, therefore the permit was deemed
incomplete and void on May 31, 2022. Inspections during that time showed no repair attempts
were made to the structure by the owner. Currently, this structure does have water and
electrical service.
DISCUSSION:
This address consists of a single story 1,616 square foot, single family dwelling along with
storage buildings. Repairs to the structure remain unaccomplished, with the interior exposed to
the elements for an undisclosed amount of time. These conditions have caused numerous
structural safety issues as well as made the structure unsanitary and un-inhabitable. Photos of
the property and the structure are attached. The deterioration of the structure constitutes a cost
prohibitive repair. The owner applied for a building permit on December 3, 2021. The owner
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 156 of 284
never paid for the permit therefore the permit application was voided. The owner has
mentioned applying for another building permit, but nothing has been submitted at this time.
BUDGET/STAFF IMPACT:
If the property owner does not comply with the Raze and Removal order, Raze and Removal
costs will be expensed to the current budget. A lien will be placed on the property for the
incurred costs. The current budget balance of $4,856.00 has not been spent, but has already
been included on another project (2141 N. Green Acres Rd).
Attachments:
• Process Summary
• Receipt of Bids
• Budget Adjustment
• Notifications
• Property Records
• Map
• Property Photos.
Page 157 of 284
%MM FAYETTEVILLE
41F ARKANSAS
PROCESS SUMMARY
(RAZE & REMOVAL/LARGE SCALE CLEAN-UP)
Property Address 2860 E Wyman Rd
WC Parcel # 765-02244-000
Energov Case # CBLD-2021-000049
City Code: 173.08
• On 10/06/2021 Code Compliance received a Request for Service regarding the property
located at 2860 E Wvman Rd
• A Notice of Violation was sent to the Owner of Record on 10/06/2021
• The signed Return Receipt Card was received on 10/18/2021
(or)
• The property was posted on _/_20_
• On 12/02/2021 the property was re -inspected and was found to still be in violation of City
Code 173.08
Mailing Address: CODE COMPLIANCE
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Page 158 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
RECEIPT OF BIDS
OWNER(S): City of Fayetteville — Building Safety Division
ADDRESS: 2860 E Wyman Rd. PROJECT No: Bid# 22-000049
PROJECT TITLE: Raze and Removal — Code Compliance Program
BID CLOSING DAY/DATE/TIME: June 6th, 2022 at 4:00 pm
CONTRACTOR: -� M �,��ayo. , n•,
77 S\n� 01. "c / �k•� pa
,9 71-7 U 1
CONTRACTOR:
CONTRACTOR:
CONTRACTOR:
CONTRACTOR:
Certified
Witness:
�3AtA-,�ea �t �%a
I
BID AMOUNT: 17 ? x ,06
BID AMOUNT:
BID AMOUNT:
BID AMOUNT:
BID AMOUNT:
Date:
Date: - - 27
Page 159 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
RAZE & REMOVAL PROJECT
BID# 22-000049
ADMINISTRATOR: Billy Bryant [email: bbryant@fayetteville-ar.gov]
PHONE # 479.575.8232 or 479.601.6361 F A X # 479.444.3445
PROJECT LOCATION: 2860 E. Wyman Rd., Fayetteville, AR 72701
WC Parcel # 765-02244-000
CONTRACTOR'S SCOPE OF WORK
RAZE&REMOVAL
1. Completely tear down the entire dwelling.
2. Haul all contents inside the structure(s), debris from the structure(s), and
other debris from the parcel to a legal landfill. All concrete associated with the
structure(s) shall be removed from the lot (footings and slabs).
3. Mow and clean up parcel.
CLEANUP & DISPOSAL
1. Provide proof, such as receipts, that the debris was hauled to a legal landfill.
2. The city encourages the bidder to consider all waste diversion methods for
materials collected. Any methods of disposal, excluding a legal landfill, must
be deemed acceptable by the city prior to bid submittal.
3. The yard shall be semi -level and mow -able when the demo work is
completed and before payment will be made.
4. Contractor shall be responsible for capping wells, utilities and/or any other
requirements pertaining to the demolition permit.
MISCELLANEOUS
1. A Demolition Permit from the City of Fayetteville must be obtained before
work begins. Demolition Permits are obtained through the Building Safety
Division, 479-575-8233.
2. Proof of no less than $250,000 liability insurance shall be provided by the
contractor before work begins.
3. State Contractor License is required. A City Business License is required if
your business is located in the city limits of Fayetteville.
4. If the situation is resolved by the property owner during the 30 day notice &
comment period bids may be considered null & void.
Page 160 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
BID PROPOSAL FORM
BID 22-000049
DATE ISSUED: May 22nd, 2022
ADMINISTRATOR'S NAME: Billy Bryant
PROJECT ADDRESS: 2860 E. Wyman Rd., Fayetteville, AR 72701
DATE OF OPENING: Monday June 6th, 2022 at 4:00pm
My total bid price for the Raze "emoval Project is:
$ D o
(Bid will be valid for 120 days from Date of Opening)
Upon signing this Bid, the bidder certifies that they have viewed the property, read and
agree to the requirements set forth in this bid proposal, including specifications, terms
and standard conditions, and pertinent information regarding the articles being bid on,
and agree to furnish these articles at the prices stated.
Date: � + �) `in,
Complete Business Address
Name of Firm: Phone # 5 S
Street address or P O Box
City / State/ Zip
Printed Name:
Signature:
Federal Tax ID # 216? - 0�211 �Lt�^1 or SSN
State Contractor # N 91-) 2[>5?=1. City Business License #
Page 161 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
May 23, 2022
Leroy H Scharfenberg
2860 E Wyman Rd.
Fayetteville, AR 72701
RE: Enforcement of Fayetteville Code 173.08
Arkansas Code Ann. 14-56-203
NOTICE TO PROPERTY OWNERS
Pursuant to A.C.A 14-56-203 as 173.08 of the Fayetteville Code, you are placed upon Notice
that the Fayetteville City Council will conduct a public hearing to determine if the dwelling
located at 2860 E Wyman Rd. (WC Parcel # 765-02244-000) should be Razed and Removed.
You are free to appear at this hearing to present any evidence or statements. If you need
additional information concerning this process or if you have information that we are not aware
of, please call the Code Compliance Office at (479) 575-8237.
The hearing will be part of a regular City Council meeting on July 5th, 2022 beginning at
5:30pm at the City Administration Building, 113 W. Mountain St., Fayetteville, AR 72701. The
City Council Meetings are advertised in local newspapers and will contain an item concerning
this hearing. You may also call the Fayetteville City Clerk's Office (479-575-8323) for
information confirming the date of the public hearing.
Sincerely,
Billy Bryant
Senior Code Compliance Officer
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701 Page 162 of 284
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Page 163 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
Code Compliance Program
Unsafe Building Determination
UDC 173.08 (A)
Address / Location: 2860 E Wyman Rd
WC Parcel # 765-02244-000
UDC 173.09 (A)
wI recommend the raze and removal of the structure.
= l recommend securing the structure.
I have determined that the structure above is NOT in violation of Subsection 173.08 (A)
of the City of Fayetteville's Unified Development Code
I recommend presenting the structure to City Council as a Property Nuisance for
Raze & Removal
Observations:
Case # CBLD-2021-000049
Code Compliance Admin. 10-(„ 2'Date
City Building Official 10 - L - Z I Date
CCFORM 602 REV (8.20)
Page 164 of 284
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Fayetteville, AR
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The data contained herein was compiled from various sources for the sale
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves Any use of the data by anyone other than
the City of Fayettevllle is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of any nature, including the clty's cost of
defense, asserted by user or by another arising from the use of this data
The City of Fayetteville makes no express or Implied warrantees with
reference to the data No word, phrase, or clause found herein shall be
construed to waive that tort immunity set forth under Arkansas law.
Created: 611512022
Credits: City of Fayetteville, AR, 2022 Imagery I Eagle\Aew Technologies
Surdex Corporation
Map Author:
Page 165 of 284
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Wyman Rd
2860 E. Wyman Rd.
Fayetteville, AR
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The data contained herein was compiled from various sources for the sale
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies It serves Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user: and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayenc-Ile harmless from and without liability for any
claims, actions, cost For damages of any nature, including the city's cost of
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
reference to the data. No word, phrase, or clause found herein shall be
construed to waive that tort Immunity set forth under Arkansas law.
Created: 6/15/2022
Credits: City of Fayetteville, AR, 2022 Imagery I EagleView Technologies
Surdex Corporation
Map Author:
Page 166 of 284
CITY OF FAYETTEVILLE
125 West Mountain Street
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSA•
Owner: LEROY SCHARFENBERG
Mailing Address
LEROY SCHARFENBERG
2860 E WYMAN RD
FAYETTEVILLE, AR 72701-4648
Notice of Violation for the following location:
Address Parcel
2860 E WYMAN RD 765-02244-000
Fayetteville, AR 72701
Case Number: CBLD-2021-000049 1
Case Type: Building
Date Case Established:10/06/2021
Dear Property Owner:
It appears that your property contains a violation of the Fayetteville Unified Development Ordinance. It is our goal to notify and
assist property owners to correct violations of city ordinances before taking actual enforcement actions. If you need clarification
of this notice or advice on how to correct the problem, please contact us.
Violation That Needs Correction: 173.08 - Unsafe Buildings - (Raze & Removal) - Unsafe Buildings - (Raze & Removal)
No person, partnership, corporation, or association, hereinafter referred to as "owner", shall keep or maintain any house or
building within the corporate limits of the City which has become dilapidated, unsafe, unsanitary, or detrimental to the public
welfare.
Possible Penalties:
If this violation is not corrected within thirty (30) days from the service of this notice, a Public Hearing will be held for the
approval of a raze & removal determination by the City Council. The costs shall be charged to the owner(s) of the property and
the city shall have a lien against such property for the costs. If you disagree with our conclusion that your property contains a
violation of our ordinances, you have the risht to an appeal. Please see Chapter 155 of the Unified Development Code.
How This Violation Can Be Voluntarily Corrected: By making repairs as needed or razing the structure and remove all debris
from the lot. A building permit may be required, based on review of the Building Safety Director.
Sincerely,
Randy Johnson
Code Compliance Officer
479.601.1508
rjohnson@fayetteville-ar.gov
Printed: 6/13/22 Page 1 of 1
Page 167 of 284
■ Complete �eps;l,.A2.rd 3. .Klur
O Agent
■ Print your neirip.0id4ddrees on the reverse X
so that we can realm the card to you. ❑ Addressee
s Attach this card to the back of the mailplece, B. Rec y (Pent slam C. Date of Delivery
or on the front if space permits. ---'7' 0,1-V 1
address different rom item 1? ❑ Yes
ter delivery address below: 0 No
LEROY H SCHARFENBERG
2860 E WYNIAN RD�CE��
FAYETTEVILLE, AR 72701-4648 1 20�1
II�IIOIIIIIIIIIIIII IIII II IIIIII�IIIIII��III�II �. VOd.
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Signaturo Restricted Delivery ❑ Rogutcred Mail Restricted
9590 9402 6893 1104 4930 35 rtified Mean Delivery
❑ Certlftad Mail ResUtcled Delivery ❑ Signature CongrntalionTm
❑ Couoct on Ce!lvery ❑ Signature Contvmallon
2. Article Number (7Fansfer from service labeq ❑C
o
llect on Delivery Restricted Delivery Restricted Delivery
Mail
7020 0640 0000 1639 5072 Mail Restricted Delivery
PS Form 3811, July 2020 PSN 7530.02-000-9053 J�� 000of-A Domestic Return Receipt i
Page 168 of 284
6/13/22, 10:49 AM
Parcel: 765-02244-000
Previous Parcel: 136143-000-00
As of: 6/10/2022 9:47:38 PM
Real Property Print Friendly
I D: 36515
Washington County Report
Property Owner
Name:
SCHARFENBERG, LEROY H
Mailing Address:
2860 E WYMAN RD
FAYETTEVILLE, AR 72701-4648
Type:
(RI) Res. Improv.
Tax District:
(011) FAYETTEVILLE SCH, FAY
Millage Rate:
57.95
Market and Assessed Values
Estimated
Full Assessed
Taxable
Market Value
(20% Market Value)
Value
Land 110,500
22,100
10,400
Building 23,800
4,760
4,760
Totals 134,300
26,860
15.160
Land
Property Information
Physical Address:
2860 E WYMAN RD
Subdivision:
ANDERSON FARM PLAT
Block/Lot:
N/A / N/A
S-T-R:
13-16-30
Size (Acres):
N/A
Legal:
PT LOTS 9 & 10 13-16-30 1.21 A.
Taxes
Estimated 504
Taxes:
Homestead Note: Tax amounts are estimates only.
Credit: 375 Contact the county/parish tax collector
for exact amounts.
Land Use
Size Units
N/A
1.000 House Lot
N/A
0.210 Acres
Total
1.21
Deed Transfers
Document Images brought to you by your County Circuit Clerk, Kyle Sylvester
View Deed Date
Book Page
Deed Type Stamps
Est. Sale
Grantee
Code
Type
Image
9/21 /1998
98 86436
Quit Claim 0.00
$0
SCHARFENBERG, LEROY H
Inc. Additional Prop.
Improved
1/30/1987
1212 232
Warr. Deed 39.60
$36,000
SCHARFENBERG, LEROY H & LORI J
Additional Properties
Improved
6/14/1984
1111 719
Warr. Deed 0.00
$0
WILKINSON,JAMES & BEATRICE
N/A
N/A
Details for
Residential Card 1
Occupancy
Story
Construction
Total Liv
Grade Age Year Built
Condition
Beds
Single Family
ONE+
Frame Siding Std.
1616
5 79 1941
Poor
N/A
Page 169 of 28i43
6/13/22, 10:49 AM
Real Property Print Friendly
Exterior Wall:
SDNG/SHETH
Foundation:
Closed Piers
Floor Struct:
Wood with subfloor
Floor Cover:
Carpet & Tile
Insulation:
Ceilings
Roof Cover:
Asphalt Shingle
Roof type:
Gable
DataScout, LLC
Base Structure
Plumbing:
Full: 1 Half: N/A
Fireplace:
Type: N/A Qty: 0
Heat/Cool:
None
Basement:
N/A
Basement Area:
N/A
Year Remodeled:
N/A
Style:
N/A
Item
Label
Description
Area
A
MN
Main Living Area
1224
B
OP
Porch, open
182
C
FEP
Frame enclosed porch
144
D
1+
1+, Upper Level
392
Outbuildings and Yard Improvements
Item
Type
Size / Dim
Unit Multi.
Quality
Age
Garage - frame unfinished, detach
N/A
22 x 20
1
N/A
N/A
Pole Shed
N/A
18 x 20
N/A
N/A
N/A
Reappraisal Value History
Tax Year Total Value
2021 134,300.00
Total Assessed
15,160.00
Page 170 of 291P
6/13/22, 10:49 AM
Tax Year
Total Value
2020
134,300.00
2019
75,800.00
2018
75,800.00
2017
75,800.00
2016
75,800.00
2015
75,800.00
Real Property Print Friendly
Total Assessed
15,160.00
15,160.00
15,160.00
15,160.00
15,160.00
14,879.00
Not a Legal Document
Subject to terms and conditions
www.actDataScout.com
Page 171 of 291P
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Page 174 of 284
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Page 189 of 284
Page 190 of 284
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City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
BUILDING SAFETY (640)
2022 /Org2
Requestor: Billy Bryant
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Budget adjustment of $17,800.00 requested for raze and removal of dilapidated structure located at 2860 E. Wyman Rd.
COUNCIL DATE: 7/5/2022
LEGISTAR FILE ID#: 2022-0557
HCRY Black
6/16/2022 2:05 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 7/5/2022
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 17,800 17,800 v.20220516
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
1010.640.6400-5315.04 17,800 - 50033 2202 EX Contract Services - Raze and Removals
1010.001.0001-4999.99 - 17,800 RE Use Fund Balance - Current
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\07-05-22\2022-0557 Raze & Removal 2860 E Wyman Rd 1 of 1
Page 193 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
TO: Mayor Jordan and City Council
THRU:
FROM:
DATE: June 7, 2023
CITY COUNCIL MEMO
2023-831
SUBJECT: Resolution honoring the life and legacy of Hank Kaminsky
RECOMMENDATION:
Council Member Sonia Harvey is sponsoring a resolution to honor the life and legacy of Hank Kaminsky who
passed away on March 13, 2023.
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
ATTACHMENTS: AGENDA REQUEST - Res Honor Hank Kaminsky
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 194 of 284
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-831
Resolution honoring the life and legacy of Hank Kaminsky
A RESOLUTION TO HONOR THE LIFE AND LEGACY OF HANK KAMINSKY
WHEREAS, the City of Fayetteville and the art world lost a valued resident and sculptor on March 13,
2023, with the death of Hank Kaminsky; and
WHEREAS; in a career spanning more than 60 years, Hank created works of art ranging from sand-cast
jewelry to portrait busts to large sculptures; and
WHEREAS, among the myriad artworks crafted by Hank using clay, bronze, and other exquisite
metals, at least two notable creations have found their home on City property; and
WHEREAS, the World Peace Prayer Fountain, a globe -shaped, bronze sculpture that is 10-feet in
diameter inscribed with the words, "May Peace Prevail on Earth," in over 100 languages, was
commissioned by Ed and Carlee Bradberry and visitors from all over the world still enjoy the piece that
can be found off the Fayetteville Square at the entrance to the Town Center; and
WHEREAS, Senator J. William Fulbright sat for Hank to create the bronze cast memorial portrait bust
that is installed among the beautiful gardens of the Fayetteville Square; and
WHEREAS, Hank proudly served six years as a dedicated inaugural member of the Fayetteville Arts
Council; and
WHEREAS, throughout his career, Hank served our community as a teacher and mentor to countless
students and apprentices; and
WHEREAS, among his many honors, he was selected as the 2018 Arkansas Living Treasure by the
Arkansas Arts Council; and
WHEREAS, Hank was a 10-year member of the Fayetteville Farmers Market, including serving as a
market board member; and
WHEREAS, Hank was an artist, teacher, mentor, public servant, husband, and father whose
contributions have made an indelible mark on the City of Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1
Page 195 of 284
Resolution:
File Number. 2023-831
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby recognizes and honors the
significant contributions of Hank Kaminsky to the Fayetteville community over the course of his life.
Page 2
Page 196 of 284
CivicClerk ID No.: 2023-831
AGENDA REQUEST FORM
FOR: Council Meeting of June 20, 2023
FROM: Council Member Sonia Harvey
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO HONOR THE LIFE AND LEGACY OF HANK KAMINSKY
APPROVED FOR AGENDA:
Approved by email
Council Member Sonia Harvey
Sr. Asst. City Attorn y Blake Pennington
Approved as to form
6/ 7/ 2023
Date
6/7/2023
Date
Page 197 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
CITY COUNCIL MEMO
2023-826
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Steven Dotson, Internal Auditor
DATE: June 1, 2023
SUBJECT: RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
RECOMMENDATION:
Recommend Council consideration of RFP 23-12 Innovative Concepts for Housing Solutions and Case
Management
BACKGROUND:
Per the ARPA workshop on 5/9/23, Council expressed interest in developing an RFP process to solicit
proposals to address the housing of homeless residents utilizing American Rescue Plan Act funding.
DISCUSSION:
As indicated in the ARPA workshop there is approximately $1.63 Million of the American Rescue Plan Act
funds remaining. Council indicated that they may wish to consider using the remaining ARPA funds on a
project that will address housing and providing case management for the homeless population. RFP 23-12
was developed to provide a process for organizations to submit a proposal. Applicants will be submitting
proposals to implement a project that will address housing solutions and case management for the homeless
population.
BUDGET/STAFF IMPACT:
A budget adjustment will be brought forward to Council along with any final project award documentation, if
Council wishes to approve an application under this RFP.
ATTACHMENTS: RFP 23-12 Innovative Concepts for Housing Solutions and Case Management_060123
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 198 of 284
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-826
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR RFP 23-12, INNOVATIVE
CONCEPTS FOR HOUSING SOLUTIONS AND CASE MANAGEMENT
WHEREAS, during the American Rescue Plan Act (ARPA) funding workshop on May 9, 2023, the
Fayetteville City Council expressed interest in developing an RFP process to solicit proposals to address
housing and providing case management for the homeless population using ARPA funds; and
WHEREAS, RFP 23-12 has been developed to provide a process for organizations to submit proposals
for potential projects.
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 expresses its support for
RFP 23-12, Innovative Concepts Housing Solutions and Case Management and further expresses its
intent to consider proposals to address housing solutions and case management for the homeless
population using ARPA funds.
Page 1
Page 199 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
Request for Proposal: RFP 23-12, Innovative Concepts for Housing Solutions and Case
Management
DEADLINE: Wednesday, July 19, 2023 before 2:00 PM, local time
Pre -Proposal Conference: Thursday, July 06, 2023 at 10:00 AM, local time; City Hall Room 111
Purchasing Director: Les McGaugh, Imcgaugh@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: 06/25/2023 & 07/02/2023
REQUEST FOR PROPOSAL
RFP 23-12, Innovative Concepts for Housing Solutions and Case
Management
No late proposals shall be accepted. RFP's shall be submitted through the City's third -party
electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville,
Purchasing Division at the below location.
City of Fayetteville
Purchasing Division — Room 306
113 West Mountain Street
Fayetteville, AR 72701
All proposals shall be submitted in accordance with the attached City of Fayetteville specifications
and documents attached hereto. Each Proposer is required to fill in every blank and shall supply
all information requested; failure to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms
stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are
made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Purchasing Director.
City of Fayetteville, AR
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
Page 1 of 16
Page 200 of 284
City of Fayetteville
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
Advertisement
City of Fayetteville, AR
Request for Proposal
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
The City of Fayetteville is seeking proposals for innovative concepts for housing and case management. Any questions
regarding this RFP shall be directed to Les McGaugh, City of Fayetteville Purchasing Director at Imcgaugh@fayetteville-
ar.gov.
Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding
platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Wednesday July 19, 2023 before 2:00 PM, Local
Time utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville,
Purchasing Division. All proposals are due before the time stated; No late proposals shall be accepted. Submitting
electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or
for failure of proposer's technical equipment.
A non -mandatory pre -proposal conference will be held Thursday July 06, 2023 at 10:00 AM in Room 111, City Hall.
Information regarding the pre -proposal conference is available on the project page on the City's electronic bidding platform.
All interested parties are strongly encouraged to attend.
All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and
local governments where the project is located.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and
women -owned business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and
women -owned business enterprises.
The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties
agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by
any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the
City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an
agreement of the interested party to these conditions.
City of Fayetteville
By: Les McGaugh, Purchasing Director
P: 479.575.8289 Imcgaugh@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 06/25/2023
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $XXX.XX.
City of Fayetteville, AR
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City of Fayetteville
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
SECTION A: General Terms & Conditions
1. SUBMISSION OF A PROPOSAL SHALL INCLUDE:
Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements
as specified in the Scope of Work.
a. A written narrative describing the method or manner in which the Proposer proposes to satisfy
requirements of this RFP in the most cost-effective manner. The term Proposer shall be in
reference to a firm or individual responding to this solicitation.
b. A description of the Proposer's experience in providing the same or similar services as outlined in
the RFP. This description should include the names of the person(s) who will provide the services,
their qualifications, and the years of experience in performing this type of work. Also, include the
reference information requested in this RFP.
c. The complete fee and cost to the City for all services outlined in this RFP.
d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print
on standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive
summary. The following items will not count toward the twenty-five page limitation: appendix,
cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per
person), and forms provided by the City for completion.
a. Submitting and responding to this RFP: Proposals shall be prepared simply and
economically, providing a straightforward, concise description of its ability to meet the
requirements for the project. Fancy bindings, colored displays, and promotional material
are not required. Emphasis should be on completeness and clarity of content. All
documents physically submitted should be typewritten on standard 8 %" x 11" white
papers and bound in one volume. Exceptions would be schematics, exhibits, one -page
resumes, and City required forms. Limit proposal to twenty-five (25) pages or less,
excluding one -page team resumes, references, and forms required by the City for
completion. All proposals shall be sealed upon delivery to the City of Fayetteville.
Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to
www.faVetteville-ar.gov/bids and follow the prompts to submit a proposal within the
electronic bidding platform. If a proposal is submitted electronically, a physical
submission is not necessary. All Proposers must register in order to be able to submit.
There is no fee for registration.
ii. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their
proposal as well as one (1) electronic copy on a properly labeled USB or other
electronic media device. The electronic copy submitted shall be contained into one
single file.
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(1) electronic file and shall be identical to the hard copies provided. The use of
Adobe PDF documents is strongly recommended. Files contained on an
USB or electronic media shall not be restricted against saving or printing.
Electronic copies shall not be submitted via e-mail to City employees by the
Proposer and shall be provided to the City in a sealed manner. FeclEx, UPS,
USPS, or other packages should be clearly marked with the RFP number
on the outside of the mailingpackage.
e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this
document. Only the names of Proposer's will be available after the deadline until a contract has
been awarded by the Fayetteville City Council. All interested parties understand proposal
documents will not be available until after a valid contract has been executed.
f. Proposers shall submit a proposal based on documentation published by the Fayetteville
Purchasing Division.
g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow
the sequence of the RFP.
h. Proposers shall have experience in work of the same or similar nature and must provide references
that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom
they have performed similar services and must provide information as requested in this document.
i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached
service agreement must be identified in its response to the RFP. Failure to do so may lead the City
to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable
term will not disqualify it from consideration for award.
j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Documents shall be received before the deadline time as shown by the atomic clock located in the
Purchasing Division Office or electronic clock located in the City's third -party bidding software.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be
sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an
addendum if the response would provide clarification to the requirements of the proposal. All such addenda
shall become part of the contract documents. The City will not be responsible for any other explanation or
interpretation of the proposed RFP made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the
purpose of describing and establishing general quality levels. Such references are NOT intended to be
restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for
any items.
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4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right
to the following:
a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm.
Negotiation with an individual Proposer does not require negotiation with others.
b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best
interest of the City.
c. The City of Fayetteville reserves the right to accept or reject any or all proposals.
d. The City of Fayetteville reserves the right to cancel the entire request for proposal.
e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the
request for proposal or in proposals submitted.
f. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information or proposal data without changing the terms of the proposal.
g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services
required on the basis of the original proposals without negotiation.
h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best
and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this
RFP on the most favorable terms available.
5. EVALUATION CRITERIA:
The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score
responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the
selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated
and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the
evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked.
6. COSTS INCURRED BY PROPOSERS:
All expenses involved with the preparation and submission of proposals to the City, or any work performed in
connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement.
7. ORAL PRESENTATION:
An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion.
8. CONFLICT OF INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance or services required
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hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City
Employee to Provide Services to the City'.
b. The Proposer shall promptly notify Les McGaugh, Purchasing Director, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance which
may influence or appear to influence the Proposer's judgment or quality of services being
provided. Such written notification shall identify the prospective business association, interest or
circumstance, the nature of which the Proposer may undertake and request an opinion to the City
as to whether the association, interest or circumstance would, in the opinion of the City, constitute
a conflict of interest if entered into by the Proposer. The City agrees to communicate with the
Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification.
9. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request
from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set
for the proposal.
10. LATE PROPOSAL OR MODIFICATIONS:
a. Proposal and modifications received after the time set for the proposal submittal shall not be
considered. Modifications in writing received prior to the deadline will be accepted. The City
will not be responsible for misdirected bids. Proposers refer to their submission status in the
online bidding portal or call the Purchasing Division at (479) 575-8289 to ensure receipt of their
submittal documents prior to opening time and date listed.
b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All
proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official
clock to determine local time shall be the atomic clock located in the Purchasing Division, Room
306 of City Hall, 113 W. Mountain, Fayetteville, AR.
11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this request for proposal.
Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to
this proposal and subsequent contract(s) including but not limited to Equal Employment
Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this
contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women -owned business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women -owned business
enterprises
12. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government
agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said
proposal terms and conditions therein, should any said governmental entity desire to buy under this
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proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches,
political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or
other public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
13. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies
that their proposal is made without previous understanding, agreement, or connection with any person,
firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
14. RIGHTTO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records
relate to purchases between the City and said Contractor.
b. Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying
costs pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
15. CITY INDEMNIFICATION:
The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the
services or any part thereof covered by this order, and such obligation shall survive acceptance of the services
and payment thereof by the City.
16. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for proposal apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully
understood by Proposers prior to submitting a proposal on this requirement.
17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should
call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline.
Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division,
immediately.
18. CERTIFICATE OF INSURANCE:
The successful Proposer shall provide a Certificate of Insurance of professional liability insurance in the
amount of $1 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional
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insured and not be required unless firm is selected.
19. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same
as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is
responsible for immediately notifying the Purchasing Division of any company name change, which would
cause invoicing to change from the name used at the time of the original RFP. Payment will be made within
thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or
penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to allow any increase
in hourly rates by the contract without PRIOR Fayetteville City Council approval.
20. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify
the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal
period without penalty or expense to the City.
21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a Proposer intends to subcontract a portion of this
work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice
to the City within thirty (30) calendar days of Contractor's notice of such action or upon the
occurrence of said action, whichever occurs first. The right to terminate this contract, which shall
not be unreasonably exercised by the City, shall include, but not be limited to, instances in which
a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local,
state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent
to assign or subcontract in its response to the RFP, without exception shall constitute approval for
purpose of this Agreement.
22. NON-EXCLUSIVE CONTRACT:
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Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type,
which may develop during the contract period. This is not an exclusive contract. The City specifically reserves
the right to concurrently contract with other companies for similar work if it deems such an action to be in
the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each
item.
23. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause
any request for proposal, request for qualification, bid or contract to be rejected.
24. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFP from the Proposer. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor
shall provide such additional requirements as may become necessary.
25. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal
will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for
approval and signature of the Mayor.
26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:
Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only
in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP
form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response.
Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or
otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations
a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form
of an addendum to the original RFP documents.
27. OTHER GENERAL CONDITIONS:
a. Proposers must provide the City with their proposals signed by an employee having legal authority
to submit proposals on behalf of the Proposer. The entire cost of preparing and providing
responses shall be borne by the Proposer.
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b. The City reserves the right to request any additional information it deems necessary from any or
all Proposers after the submission deadline.
c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind, nor
does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly
understood that any costs incurred by the Proposer in responding to this request for proposal is
at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall
not be liable for reimbursement to the Proposer for any expense so incurred, regardless of
whether or not the proposal is accepted.
d. If products, components, or services other than those described in this bid document are
proposed, the Proposer must include complete descriptive literature for each. All requests for
additional information must be received within five working days following the request.
e. Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone
(479.575.8289) or e-mail (Imcgaugh@fayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate
understanding of the scope of work to be completed and/or goods to be provided. We encourage
all interested parties to ask questions to enable all Proposers to be on equal terms.
f. Any inquiries or requests for explanation in regard to the City's requirements should be made
promptly to Les McGaugh, City of Fayetteville Purchasing Director via e-mail
(Imcgaugh@fayetteville-ar.gov) or telephone (479.575.8289). No oral interpretation or
clarifications will be given as to the meaning of any part of this request for proposal. All questions,
clarifications, and requests, together with answers, if any, will be provided to all firms via written
addendum. Names of firms submitting any questions, clarifications, or requests will not be
disclosed until after a contract is in place.
g. At the discretion of the City, one or more firms maybe asked for more detailed information before
final ranking of the firms, which may also include oral interviews.
h. Any information provided herein is intended to assist the Proposer in the preparation of proposals
necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements but is not intended to limit a RFP's content or to exclude any relevant or essential
data.
i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or
in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby
expressly and irrevocably waives any claim or defense in any said action or proceeding based on any
alleged lack of jurisdiction or improper venue or any similar basis.
j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or
to become due hereunder without written consent of City of Fayetteville. In case the successful
Proposer assigns all or any part of any monies due or to become due under this Contract, the
Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the
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right of the assignee in and to any monies due or to become due to the successful Proposer shall be
subject to prior liens of all persons, firms, and corporations for services rendered or materials
supplied for the performance of the services called for in this contract.
The successful Proposer's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the
services shall apply to the contract throughout, and they will be deemed to be included in the
contract as though written out in full herein. The successful Proposer shall keep himself/herself fully
informed of all laws, ordinances and regulations of the Federal, State, and municipal governments
or authorities in any manner affecting those engaged or employed in providing these services or in
any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals
having any jurisdiction or authority over same. If any discrepancy or inconsistency should be
discovered in these Contract Documents or in the specifications herein referred to, in relation to any
such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to
the City of Fayetteville.
C4Z9re"U.11 ►1110 �\I I"M TA"
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City of Fayetteville
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
SECTION B: Request for Concept — Opportunity Statement
1. INTRODUCTION:
The Request for Innovative Concepts (RFIC) is a competitive procurement approach that seeks to engage vendors
and experts to collaborate on designing and executing leading -edge solutions. Instead of asking for a product, or
defined scope of work, the City identifies below the issues for which a holistic solution is needed. Through the
creation of the below Opportunity Statement, the City seeks a comprehensive solution that would provide
effective results that are innovative, uniquely Fayetteville, and may not currently exist. The ultimate goal is to
capitalize on the innovation economy of the residents of the City of Fayetteville and find solutions in the best
interest of the citizens of Fayetteville.
2. COMMUNICATION & RELATED DOCUMENTATION:
The City of Fayetteville is looking for a creative solution, from concept to execution, to address housing instability.
OPPORTUNITY STATEMENT: Applicants are asked to submit projects with a holistic and scalable approach to
addressing permanent housing solutions and case management for the homeless and those facing housing
instability related to effects of the COVID-19 pandemic.
Project proposals should maximize the number of individuals to provide housing using American Rescue Plan Act
funds. Proposed projects must comply with the American Rescue Plan Act final rule. The proposal should clearly
indicate how the Applicant will implement the project, and how the project will provide a benefit to the homeless
population of Fayetteville.
Preference will be given to permanent supportive housing solutions and projects that are sustainable beyond this
funding opportunity. The proposal for each project should provide a budget, a discussion of how many people will
be assisted by the project, and a detailed timeline for the Applicant to implement the project.
Funding will be provided for this project under the City's American Rescue Plan Act award, in the total amount of
$1.63 Million. All aspects of the project will need to be in compliance with the American Rescue Plan Act Final Rule.
3. PROPOSAL FORMAT:
a. Structure of Proposal: Responses shall be organized in the following format and informational
sequence:
Part I — Solution Concept
Part II — Who is the Team, and does it have capacity?
Part III — How do you Implement this Solution?
Part IV — What experience does the team have that makes this solution viable?
Part V - Timeline
Part VI — Long-term predictions and lasting effects.
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Part VII - Cost Proposal / Financing Plan
4. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward,
concise description its ability to meet the requirements for the project. Fancy bindings, colored displays,
and promotional material are not required. Emphasis should be on completeness and clarity of content.
All documents should be typewritten on standard 8 %" x 11" white papers and bound in one volume.
Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of
Fayetteville's ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less,
excluding one -page team resumes, references, tab dividers, and forms required by the City for
completion.
5. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for
approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail,
negotiations may be initiated with the next highest-ranking Proposer until an agreement is reached. The
City reserves the right to reject all offers and end the process without executing a contract.
6. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive
proposals. Proposers shall include enough information to allow the City to thoroughly evaluate and score
the proposal. Each proposal submitted is not required to be ranked by the selection committee. The
contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the
evaluation of the selection committee. Following the evaluation of the proposals, the Selection
Committee may request that the top-ranking firm(s) make an oral presentation or be interviewed. If
presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the
Purchasing Division.
1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting
qualifications of the consultant, partners, and project team. Indicated specialized
experience and technical competence of the firm in connection with the type and
complexity of the service required. Subcontractors, if used, shall be listed with information
on their organization.
2) 25% Experience, Competence, and Capacity for Performance: Information reflecting the
names, titles, and qualifications (including experience and technical competence) of the
major personnel assigned to this specific project.
3) 35% Proposed Method of Doing Work: A proposed work plan (description of how the project
would be conducted as well as other facts concerning approach to scope) indicating
methods and schedules for accomplishing scope of work. Include with this the amount of
work presently underway.
4) 10% Past Performance: Previous evaluations shall be considered a significant factor. If previous
evaluations with the City are not available, the professional firm's past performance
records with City and others will be used, including quality of work, timely performance,
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diligence, and any other pertinent information. Firm will provide a list of similar jobs
performed and person whom the City can contact for information.
5) 10% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal
including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP
response and be itemized as much as possible. The City's share of the costs should not
exceed the budgeted amount.
7. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this
solicitation as additional information:
a. Appendix A: Contract Provisions for Non -Federal Entity Contracts Under Federal Awards CODE OF FEDERAL
REGULATIONS TITLE 2 — GRANTS AND AGREEMENTS PART200, APPENDIX II
b. TENTATIVE TIMELINE:
Deliverable and Responsible Party
Date
Initial Selection Committee Review Period
06/02/2023 —
6/20/2023
The City will open and advertise the Request for Qualification (RFQ) process
06/25/2023 &
with the intent to select a firm to provide deliverables identified in the scope of
07/02/2023
work.
Deadline for firms to submit RFQ responses to the City
07/19/2023
ARPA Compliance Review Period
07/19/2023 through
08/01/2023
Selection Committee receives all compliant submittals.
08/01/2023
The City's Selection Committee will review and evaluate statements of
08/08/2023
qualifications. Qualified firms will be shortlisted to a maximum of five firms.
On -site interviews with selected firms. No travel reimbursements shall be
Week of August
provided by the City.
21,2023
Deadline for Contract Negotiations
September 01,2023
The Fayetteville City Council will consider approval of a contract with the
09/19/2023
selected firm.
City of Fayetteville, AR
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
Page 14 of 16
Page 213 of 284
City of Fayetteville
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
SECTION C: Signature Submittal
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to,
any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship
exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such
a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form
must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain):
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein is accurate and true; and my organization shall comply with all State and
Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm:
Primary Contact:
Phone#1 (cell preferred):
E-Mail Address:
Title of Primary Contact:
Phone#2:
City of Fayetteville, AR
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
Page 15 of 16
Page 214 of 284
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent
as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the
appropriate blank listed herein. Failure to do so may subject Contractor to disqualification.
ADDENDUM NO.
SIGNATURE AND PRINTED NAME
DATE ACKNOWLEDGED
4. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification indicating
compliance with the below Federal Executive Order. Certification can be done by completing and signing this
form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are
not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from doing business with the Federal Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
Questions regarding this form should be directed to -the City of Fayetteville Purchasing Division.
NAME OF COMPANY:
PHYSICAL ADDRESS:
MAILING ADDRESS:
TAX ID #: AR. SECRETARY OF STATE FILING #:
PHONE: FAX:
E-MAIL:
SIGNATURE:
PRINTED NAME:
TITLE: DATE:
City of Fayetteville, AR
RFP 23-12, Innovative Concepts for Housing Solutions and Case Management
Page 16 of 16
Page 215 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
TO: Mayor Jordan and City Council
THRU:
FROM:
DATE:
SUBJECT
June 6, 2023
0
CITY COUNCIL MEMO
2023-827
RECOMMENDATION:
Council Member Jones is sponsoring a resolution to encourage the City to partner with Arkansas Rural Health
Partners and Arkansas Blue Cross and Blue Shield for free mental health first aid training for City employees.
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
ATTACHMENTS: Agenda Request - Mental Health First Aid Certification
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 216 of 284
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-827
0
A RESOLUTION TO ENCOURAGE THE CITY OF FAYETTEVILLE TO PARTNER WITH
ARKANSAS RURAL HEALTH PARTNERS AND BLUE CROSS AND BLUE SHIELD OF
ARKANSAS TO OFFER FREE MENTAL HEALTH CERTIFICATION FOR MENTAL HEALTH
FIRST AID TO ALL CITY EMPLOYEES
WHEREAS, behavioral mental health conditions including mental health and substance use disorders
are increasing and affect millions of Americans; and
WHEREAS, ninety percent of adults believe that there is a mental health crisis in the United States
today; and
WHEREAS, two thirds of our citizens identify the opioid epidemic as a crisis; and
WHEREAS, more than half identified children's mental health issues and adults' severe mental illness
as a crisis.
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 encourages the City
Administration to partner with Arkansas Rural Health Partners and Blue Cross and Blue Shield of
Arkansas to offer free Mental Health certification: Take Good Care: Mental Health First Aid to all City
employees.
Page 1
Page 217 of 284
CivicClerk ID No.:
AGENDA REQUEST FORM
FOR: Council Meeting of June 20, 2023
FROM: Council Member D'Andre Jones, Sonia Harvey and Sarah Moore
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO ENCOURAGE THE CITY OF FAYETTEVILLE TO PARTNER WITH
ARKANSAS RURAL HEALTH PARTNERS AND BLUE CROSS AND BLUE SHIELD OF
ARKANSAS TO OFFER FREE MENTAL HEALTH CERTIFICATION FOR MENTAL
HEALTH FIRST AID TO ALL CITY EMPLOYEES
APPROVED FOR AGENDA:
Council Member D'Andre Jones Date
Council Member Sarah Moore Date
h R vi a.r-.l �, ewe k C - L� - L-. *�
Council Member onia Harvey Date
City Attorney Kit Williams Date
Approved as to form
Page 218 of 284
Williams, Kit
From:
Sent:
To:
Subject:
Approved as is.
Thank you Kit.
Sarah Moore
Fayetteville City Council, Ward 2
sarah.rnooreC)fayetteville-ar.f;ov
479.263.6629
Moore, Sarah
Tuesday, June 06, 2023 2:44 PM
Williams, Kit; 'D'Andre Jones'; Paxton, Kara; Harvey, Sonia
Re: Mental health training
From: Williams, Kit <kwilliams@fayetteville-ar.gov>
Date: Tuesday, June 6, 2023 at 2:15 PM
To: 'D'Andre Jones' <dre91732000@gmail.com>, Paxton, Kara <kapaxton@fayetteville-ar.gov>, Harvey, Sonia
<sonia.harvey@fayetteville-ar.gov>, Moore, Sarah <sarah.moore@fayetteville-ar.gov>
Subject: RE: Mental health training
D'Andre, Sonia and Sarah,
Please acknowledge your approval of this resolution for the Agenda by email or by signing and return the agenda
request form.
Kit
-----Original Message -----
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Tuesday, June 06, 2023 10:00 AM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Harvey, Sonia
<sonia.harvey@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>
Subject: Mental health training
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning Kit is there anything else needed on my end regarding the mental health resolution. Sonia and Sarah
Moore are co sponsors.
Sent from my iPhone
Page 219 of 284
Williams, Kit
From: Harvey, Sonia
Sent: Tuesday, June 06, 2023 2:23 PM
To: Williams, Kit; 'D'Andre Jones'; Paxton, Kara; Moore, Sarah
Subject: Re: Mental health training
Approved. Thank you, Kit.
Sonia Harvey
Fayetteville City Council Member
Ward 1, Position 1
(479)409-5064
Report a concern with SeeClickFix:
https://www.fayetteviIIe-ar.gov/4233/Report-a-Concern-with-SeeClickFix
Speak up on City projects:
https://speakup.faVetteville-ar.gov/
Voice your feedback to the entire Council and Mayor by emailing:
agendaitemcomment@fayetteville-ar.gov
From: Williams, Kit <kwilliams@fayetteville-ar.gov>
Sent: Tuesday, June 6, 2023 2:15:23 PM
To: 'D'Andre Jones' <dre91732000@gmail.com>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Harvey, Sonia
<sonia.harvey@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>
Subject: RE: Mental health training
D'Andre, Sonia and Sarah,
Please acknowledge your approval of this resolution for the Agenda by email or by signing and return the agenda
request form.
Kit
-----Original Message -----
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Tuesday, June 06, 2023 10:00 AM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Harvey, Sonia
<sonia.harvey@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>
Subject: Mental health training
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good morning Kit is there anything else needed on my end regarding the mental health resolution. Sonia and Sarah
Moore are co sponsors.
Sent from my iPhone
Page 220 of 284
RESOLUTION NO.
A RESOLUTION TO ENCOURAGE THE CITY OF FAYETTEVILLE TO PARTNER WOTH
ARKANSAS RURAL HEALTH PARTNERS AND BLUE CROSS AND BLUE SHIELD OF
ARKANSAS TO OFFER FREE MENTAL HEALTH CERTIFICATION FOR MENTAL
HEALTH FIRST AID TO ALL CITY EMPLOYEES
WHEREAS, behavioral mental health conditions including mental health and substance use
disorders are increasing and affect millions of Americans; and
WHEREAS, ninety percent of adults believe that there is a mental health crisis in the United
States today; and
WHEREAS, two thirds of our citizens identify the opioid epidemic as a crisis; and
WHEREAS, more than half identified children's mental health issues and adults' severe mental
illness as a crisis.
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 encourages the
City Administration to partner with Arkansas Rural Health Partners and Blue Cross and Blue
Shield of Arkansas to offer free Mental Health certification: Take Good Care: Mental Health
First Aid to all City employees.
PASSED and APPROVED this 20th day of June 2023.
APPROVED:
am
LIONELD JORDAN, Mayor
ATTEST:
By: -
KARA PAXTON, City Clerk/Treasurer
Page 221 of 284
Williams, Kit
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Wednesday, May 31, 2023 6:42 PM
To: Cole, Missy
Cc: Williams, Kit; Bechhold, Michele; Pennington, Blake
Subject: Re: Resolution to encourage the city of Fayetteville to partner with Arkansas Rural
Health Partners and Blue Cross and Blue Shield of Arkansas and offer a free Mental
Health certification
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
I will be happy to discuss this later this summer!! I plan to move forward with this item at the June 20th council
meeting!!
Sent from my iPhone
> On May 31, 2023, at 6:23 PM, Cole, Missy <mcole@fayetteville-ar.gov> wrote:
> D'Andre,
> We had our renewal meeting with BCBS today and our benefits vendor Brown & Brown. HR is currently negotiating our
renewal which we bring forward as a package for City Council to approve. We did discuss the Mental Health Course that
you mention; however we have not selected BCBS s our vendor for 2024. Could we set up a separate discussion
regarding employee benefits?
> Sent from my iPhone
>> On May 31, 2023, at 6:05 PM, D'Andre Jones <dre91732000@gmail.com> wrote:
>> CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
>> Yes I would like to present to council thanks Kit
>> Sent from my iPhone
»» On May 31, 2023, at 5:07 PM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote:
>>> D'Andre,
>>> Might I suggest that you work with HR on this employee insurance item? I have included them on this email so
they can better understand what you are suggesting.
>>> The City works on its extensive health insurance policy and any proposed benefit changes annually with our
insurance consultant who has repeatedly addressed the Council through the years about insurance benefits and options.
If the Council wanted to consider adding this, I am sure HR would cooperate and our medical benefits insurance adviser
could explore our options with Blue Cross Blue Shield and maybe with Arkansas Rural Health Partners (even though
Fayetteville is pretty urban and I have no knowledge of them). If there is no cash cost for the City nor for our employees,
Page 222 of 284
then only the employees' lost time could be an issue for the Administration to consider. Is the Arkansas Rural Health
Providers also free for our City and our city employees?
>>> I share your support for mental health and substance abuse help and counseling for any employee needing such
help. I believe that it would be beneficial and more effective to work this through HR for its comments and expertise
before presenting a resolution to the Council. However, if you do not want to wait to do that and would rather just
present your resolution to the Council to express your idea and support, I will get it in proper from for your approval.
>>> Kit
>>> -----Original Message -----
>>> From: D'Andre Jones <dre91732000@gmail.com>
>>> Sent: Wednesday, May 31, 2023 10:39 AM
>>> To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>
>>> Subject: Resolution to encourage the city of Fayetteville to partner with Arkansas Rural Health Partners and Blue
Cross and Blue Shield of Arkansas and offer a free Mental Health certification
>>> CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
»» Good morning can we add this to the agenda for the June 20th meetingH
»» Behavioral health conditions —including mental health and substance use disorders —affect millions of Americans.
The COVID-19 pandemic may have also increased the number of people affected.
»» Nine out of 10 adults said they believed that there's a mental health crisis in the US today. Asked to rate the
severity of six specific mental health concerns, Americans put the opioid epidemic near the top, with more than two-
thirds of people identifying it as a crisis rather than merely a problem. More than half identified mental health issues
among children and teenagers as a crisis, as well as severe mental illness in adults.
»» Resolution to encourage the city of Fayetteville to partner with Arkansas Rural Health Partners and Blue Cross and
Blue Shield of Arkansas and offer a free Mental Health certification Take Good Care: Mental Health First Aid to all city
staff and employees. Fayetteville will be the first municipality to partner with Arkansas Rural Health Partners and Blue
Cross and Blue Shield of Arkansas. Participants will learn how to recognize signs of mental health or substance use
challenges in adults ages 18 and older, how to offer and provide initial help, and how to guide a person toward
appropriate care if necessary. Topics covered include anxiety, depression, psychosis, and addictions. This class does
qualify as professional development for Arkansas educators. Materials, training and certification through the National
Council for Mental Wellbeing are provided by Arkansas Blue Cross and Blue Shield at no cost to participants. This is a
great investment for city employees and staff. It contributes to a healthier workforce . Classes are 8 hours in length
and are offered at the discretion of the city.
Page 223 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
TO: Mayor Jordan and City Council
THRU: Kit Williams, City Attorney
FROM: D'Andre Jones, Ward 1, Position 2
Sarah Moore, City Council Member - Ward 1 Position 2
DATE: June 2, 2023
SUBJECT: 0
RECOMMENDATION:
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
ATTACHMENTS: Agenda Request - Amend 120.02 Landlord Registry
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
CITY COUNCIL MEMO
2023-828
www.fayetteville-ar.gov
Page 224 of 284
CivicClerk ID No.: 2023-828
AGENDA REQUEST FORM
FOR: Council Meeting of June 20, 2023
FROM: Council Member D'Andre Jones and Sarah Moore
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE
REGISTRY OF THE FAYETTEVILLE CODE BY MODIFYING (D) TO INCLUDE
WHETHER THE LANDLORD WOULD ACCEPT VOUCHER -BASED ASSISTANCE FOR
THEIR PROPERTIES
APPROVED FOR AGENDA:
Council Member D'Andre Jones
Council Member Sarah Moore
c
City Attorney Kit Williams
Approved as to form
l Z / -L I
Date
Date
_��Svq L:�
Date
Page 225 of 284
Williams, Kit
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Friday, June 02, 2023 10:54 AM
To: Williams, Kit; Moore, Sarah
Subject: Re: Landlord
Attachments: scan.pdf
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
It looks good
Council member Moore is cosponsoring this item
Sent from my iPhone
On Jun 2, 2023, at 10:52 AM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote:
D'Andre,
Agenda.
Please review and let me know of any needed changes or whether you approve this for the
Kit
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Friday, June 02, 2023 9:17 AM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>
Subject: Landlord
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good morning I plan to move forward with adding this item to the agenda for the June 20th meeting.
Sent from my iPhone
Page 226 of 284
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC:
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Yolanda Fields, Community Resources Director
FROM: Kit Williams, City Attorney C /�
DATE: June 2, 2023
RE: Amending §120.02 Landlord's Representative Registry to require
information from the owner/landlord to reveal whether the landlord would
accept voucher -based housing assistance
Council Member D'Andre Jones is requesting that the City Council amend
§120.02 Landlord's Representative Registry to include "whether or not
properties accept voucher -based assistance." (See D'Andre's attached memo
further explaining his proposal.)
The current Subsection (D) of §120.02 explained when the Registry would
be phased in and so is no longer needed. Therefore, I suggest repealing that no
longer needed subsection and enacting a replacement (D) for D'Andre Jones'
desired information:
"(D) These landlords/ owners shall designate on the Registry whether or
not the landlord/ owner will accept housing assistance vouchers from
prospective tenants."
Attached is the proposed Ordinance to amend §120.02 Landlord's
Representative Registry.
Page 227 of 284
ORDINANCE NO.
AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE
REGISTRY OF THE FAYETTEVILLE CODE BY MODIFYING (D) TO INCLUDE
WHETHER THE LANDLORD WOULD ACCEPT VOUCHER -BASED ASSISTANCE FOR
THEIR PROPERTIES
WHEREAS, Fayetteville rental housing has become substantially more expensive in recent years
with attainable rentals becoming more difficult to find; and
WHEREAS, the City of Fayetteville's Community Resources Department has long worked with
the Federal Housing and Urban Development Department to provide housing vouchers to needy
Fayetteville persons to help them rent modest housing; and
WHEREAS, with the high demand for rental housing, some landlords are no longer accepting
such housing vouchers which creates a need for prospective tenants with housing assistance
vouchers to locate landlords who will accept such vouchers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 120.02 (D)
of the Fayetteville Code by repealing it in its entirety and enacting a replacement (D) as follows:
"(D) These landlords/owners shall designate on the Registry whether or not the landlord/owner
will accept housing assistance vouchers from prospective tenants."
PASSED and APPROVED this 201" day of June, 2023.
APPROVED: ATTEST:
I3v:
LIONELD JORDAN, Mayor
By:
KARA PAXTON, City Clerk/Treasurer
Page 228 of 284
What: The Fayetteville Landlord Representative Registryy- is a database operated by city
development services effective under Ordinance 120.02. The database requires owners of two
or more properties within city limits to publicly register emergency contact information to be
made available to residents and neighbors. Currently required information includes contact
name(s), contact phone, email, and physical address. Any change to this information on the part
of the property owner must be submitted within seven (7) days to ensure accurate
recordkeeping.
Why: Over the last 5 years, rental prices within the city of Fayetteville have risen significantly,
leading to financial hardship and potential displacement for long-term residents.The impact has
been most direct on low to moderate income people; moreover, the increasing difficulty in
finding housing for those with voucher -based public assistance has exacerbated these trends.
As of April 2023, Lindsey Management has ceased their acceptance of voucher -based public
assistance. Lindsey Management is the largest provider of multi -family housing within the state
of Arkansas. Within the city of Fayetteville, they remain one of the largest providers of affordable
housing. Due to this policy change, 64 more households within the city will be required to look
elsewhere. As reported by the Fayetteville Housing Authority, city residents in Fayetteville have
only a 59% success rate in locating and securing housing.
In addition to the policy enacted by Lindsey Management, one other Project -Based Section 8
community within the city will no longer accept voucher -based assistance, Highpoint
Apartments.
How: Due to the increasing strain on the housing supply within the city of Fayetteville,
particularly the stock of affordable housing available to those with public assistance, local
leadership must take proactive steps toward providing remedies.
In order to ensure the most accurate information is provided to the public as to where
voucher -based assistance is accepted by landlords within the city, an update to the Landlord
Representative Registry has become necessary. A simple "yes" or "no" style question in regard
to whether or not properties accept voucher -based assistance would suffice to resolve this
need. While entities such as the Fayetteville Housing Authority also provide information on
landlords that accept vouchers, it is imperative that this information be as accurate and current
as possible. Under the parameters currently required by the city registry, the most detailed
information could be provided within 7 days or less.
To bolster the effectiveness and accuracy of this registry, the city may also entertain the notion
of enhanced fines or accountability mechanisms for representatives that fail to provide this
much needed information.
Page 229 of 284
FAYETTEVILLE CODE OF ORDINANCES 120.02
TITLE A BUSINESS REGULATIONS
CHAPTER 120; REAL ESTATE SALE AND LEASING REGULATIONS
Sections:
120.01 Zoning Disclosure Requirements For Sale Or Lease Of Residential Property
120.02 Landlord's Representative Registry
120.01 Zoning Disclosure Requirements For Sale Or Lease Of Residential Property
(A) The owner of any real property located within a residential zoning district shall be required to
disclose to any buyer or tenant of that property the zoning classification of that property and the
occupancy limits as set forth in §151.01 under the definition of "family." The buyer or tenant
shall acknowledge in writing the zoning disclosure.
(B) This requirement shall not apply to any of the following:
(1) A transfer, lease or rental undertaken pursuant to a court order;
(2) A transfer, lease or rental between spouses resulting from a judgment of dissolution of
marriage, legal separation, or property settlement agreement incidental to such judg-
ment; or
(3) A transfer, lease, rental or exchange to or from any governmental or public educational
entity." 11
(Ord. No. 5731, 12-16-14) U jr IfCK 6 A-w
120.02 Landlord's Representative Registry
(A) Every person, partnership, corporation, L.L.C., or other entity which owns, operates, manages
or otherwise controls more than two (2) residential properties that are rented or leased in
Fayetteville, Arkansas shall designate a person residing or working in Washington, Benton,
Crawford or Madison County, Arkansas to be the Landlord's Representative (which may be the
landlord/owner who lives or works in one (1) of these counties) with the power and responsi-
bility to respond to questions, issues and problems of or with the legal tenants of such
residential rental property, and to be an additional agent for service of process for the landlord.
The owners of only short-term rentals shall be required to designate and register their
Landlord's Representative into the Registry.
(B) The Landlord's Representative shall be identified by correct full name, mailing address, email
address and telephone number. The landlord shall ensure, at a minimum, that the Landlord's
Representative answers or promptly returns calls or emails made by their tenants or neighbors
of their tenants between the hours of 7:30 a.m. until 6:00 p.m. When a Landlord's Represen-
tative leaves employment or otherwise no longer serves as the Landlord's Representative, the
landlord must within seven (7) days replace the departed representative with another qualified
and properly identified Landlord's Representative, notify all relevant tenants of such change
including change in contact information, and enter the change into the city Landlord's
Representative Registry.
Supp. No. 22
CD120:1
Page 230 of 284
120.02 FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(C) The city shall supply a free Landlord's Representative Registry through the Planning Depart-
ment and offer such registry online for easy access by tenants and the public.
N J (D) This Landlord's Representative Registry shall be available for landlords to begin registering
1 " their representatives (which can be the landlord themselves if they live or work in Washington,
1 Benton, Crawford, or Madison County) on December 1, 2020. Proper and accurate registration
MdQc�� shall be required of all landlords renting or leasing more than two (2) residential properties in
�� Fayetteville to tenants by April 30, 2021.
(E) Any person or entity leasing or renting more than two (2) residential properties located in
Fayetteville (as identified in (A)) who fails to properly and timely register a proper and qualified
Landlord's Representative and any needed successor Landlord's Representative or fails to
obey any requirement of this section shall be subject to the penalties permitted pursuant to
§10.99 General Penalty of the Fayetteville Code.
(Ord. No. 6349, §1, 8-18-2020; Ord. No. 6439, §1, 5-18-21)
Supp. No. 22
CD 120:2
Page 231 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
CITY COUNCIL MEMO
2023-791
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM:
Gretchen Harrison, Planner
DATE:
May 24, 2023
SUBJECT:
RZN-2023-0013: Rezoning (1275 N. GREGG AVE./PATHWAY BAPTIST CHURCH,
405): Submitted by BLEW AND ASSOCIATES for property located at 1275 N. GREGG
AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — 24
UNITS PER ACRE and contains approximately 2.23 acres. The request is to rezone
the property to RMF-40, RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located on the west side of Gregg Avenue, approximately 650 feet north of the street's
intersection with North Street. The property contains a portion of one parcel totaling 2.23 acres which currently
serves as the site of Central Baptist Church. The property is zoned RMF-24, Residential Multi -Family — 24
Units per Acre and is partially located within the Hillside/Hilltop Overlay District. The remainder of the property
was recently rezoned from RMF-24 to RMF-40, Residential Multi -Family — 40 Units per Acre, on March 21,
2023 (Ord. 6652).
Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family — 24 Units per
Acre to RMF-40, Residential Multi -Family — 40 Units per Acre.
Public Comment: Staff received no public comment on this item.
Land Use Compatibility: Staff finds the proposed rezoning to be compatible with the surrounding area. Land
uses in the immediate vicinity include multi -family residences to the north and south, single-family residences
to the east, and industrial uses to the west. A rezoning from RMF-24 to RMF-40 would not impact the permitted
or conditional uses on this property. Setback requirements and maximum building heights would also remain
unchanged. With regard to bulk and area regulations, a rezoning from RMF-24 to RMF-40 would slightly
decrease lot width and lot area requirements for single- and two-family dwellings, but otherwise, those
regulations would remain largely unchanged. Since the subject property is adjacent to properties that are
currently developed with multi -family residences and/or zoned RMF-40, staff finds that the scale of any
potential development resulting from the proposed rezoning would likely be compatible with the surrounding
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 232 of 284
area. While single-family dwellings are present to the east, they are separated from the subject property by a
high -volume Neighborhood Link street. Based on a simple calculation (not factoring requirements for drainage,
tree preservation, or parking), a rezoning to RMF-40 would allow for 89 total units to be developed on the
subject property where the current RMF-24 zoning would allow for 53 units. Staff finds the increased density
associated with the proposed rezoning to be suitable given the site's proximity to public services and existing
multi -family residential developments.
Land Use Plan Analysis: Staff finds that a rezoning from RMF-24 to RMF-40 could support the property's future
land use designation as City Neighborhood area and Goals 1 and 3 of City Plan 2040 by promoting dense
development near a highly walkable area and logical future transit stops. The property also has a moderate
infill score which indicates that it is likely a suitable location for residential infill.
City Plan 20401nfill Matrix: City Plan 2040's Infill Matrix indicates a score range of 7_9 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Ave.)
• Near Sewer Main (six-inch main, Gregg Avenue)
• Near Water Main (eight -inch main, Gregg Avenue)
• Near Grocery Store (Harps, 1189 N. Garland Ave.)
• Near City Park (Wilson Park, Gregory Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26 Peak, Leverett Avenue)
• Appropriate Future Land Use (City Neighborhood)
• Sufficient Intersection Density
DISCUSSION:
At the May 22, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with
a recommendation of approval. Commissioner Garlock made the motion and Commissioner Madden seconded
it. Commissioners found the requested rezoning to be appropriate at this location with Commissioner Garlock
stating that it would allow for residential infill and density where the City wants it. No public comment was
offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 233 of 284
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-791
RZN-2023-0013: Rezoning (1275 N. GREGG AVEJPATHWAY BAPTIST CHURCH,
405): Submitted by BLEW AND ASSOCIATES for property located at 1275 N. GREGG AVE. in
WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — 24 UNITS PER
ACRE and contains approximately 2.23 acres. The request is to rezone the property to RMF-40,
RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.23
ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40,
RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units
Per Acre to RMF-40, Residential Multi -Family, 40 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Page 234 of 284
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-791
Item ID
6/20/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/2/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0013: Rezoning (1275 N. GREGG AVE./PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW AND
ASSOCIATES for property located at 1275 N. GREGG AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL
MULTI -FAMILY— 24 UNITS PER ACRE and contains approximately 2.23 acres. The request is to rezone the property
to RMF-40, RESIDENTIAL MULTI -FAMILY —40 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 235 of 284
RZN-2023-0013 1275 N. GREGG AVE RZN-2023-0013
Close Up View EXHIBIT'A'
�c
LLl Ri-l2
LU
O�
' L-AWSON "ST
NOG
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OUGH iii
BECK -DR
Subject Property
1
1
1
1
RMF
1
IN
c
Pro sed
In
40
� I
1�
Ix
1 d
1_
HOLLY-ST
1
1
1
1
I -I
1
1
1
1
1
1
RMF-40
—PATRICIA,LN
C-I
1
p
1
1
1
1
W
c/)
Q'
O
RSF-4
2
1
O
NORTH
Zone
Current
Proposed
1-1
0.0
0.0
Neighborhood Link
RMF-24
2.2
0.0
Unclassified
RMF-40
0.0
2.2
Residential Link
Feet
Hillside -Hilltop Overlay District
0
75 150 300 450
600
�_
~ Planning Area
_ ! Fayetteville City Limits
1 .2,400
Total
2.2 ac
Page 236 of 284
BLEW & ASSOCIATES, PA REXH g TB13
CIVIL ENGINEERS & LAND SURVEYORS
A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT A SET MAG NAIL FOR THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT, THENCE ALONG THE EAST LINE OF SAID FORTY ACRE TRACT
N02043'21 "E 350.00',
THENCE LEAVING SAID EAST LINE N87001'36"W 60.51' TO A SET 1/2" REBAR ON THE
WEST RIGHT-OF-WAY LINE OF NORTH GREGG AVENUE; THENCE ALONG SAID
RIGHT-OF-WAY
LINE THE FOLLOWING COURSES: NO2°24'21 "E 19.32' TO A SET 1 /2" REBAR; THENCE
S87035'39"E 24.48' TO A SET 1 /2" REBAR; THENCE N01 °50'19"E 301.06' TO A SET 1 /2"
REBAR,
BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY
LINE N87001'36"W 271.30' TO A SET 1 /2" REBAR; THENCE WITH A CURVE TURNING
TO THE RIGHT
WITH AN ARC LENGTH OF 51.47', WITH A RADIUS OF 3269.75', WITH A CHORD
BEARING AND LENGTH OF N16030'51"E 51.47' TO A FOUND 5/8" REBAR; THENCE
N72055'46"W 100.35'
TO A FOUND 1 /2" CAPPED REBAR "PLS 1005" ; THENCE WITH A CURVE TURNING TO
THE RIGHT WITH AN ARC LENGTH OF 247.81', WITH A RADIUS OF 3369.75', WITH A
CHORD
BEARING AND LENGTH OF N19018'07"E 247.75' TO A FOUND 5/8" CAPPED REBAR
"PLS 1287"; THENCE S87°46'06"E 280.35' TO A SET 1 /2" REBAR ON THE WEST RIGHT-
OF-WAY LINE
OF NORTH GREGG AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE
S01046'40"W 315.94' TO THE POINT OF BEGINNING, CONTAINI','— '"'Al ACRES, MORE
OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83
Page 237 of 284
CITY OF
PowFAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: May 22, 2023 (Updated with results)
SUBJECT: RZN-2023-0013: Rezoning (1275 N. GREGG AVE./PATHWAY BAPTIST
CHURCH, 405): Submitted by BLEW AND ASSOCIATES for property
located at 1275 N. GREGG AVE. The property is zoned RMF-24,
RESIDENTIAL MULTI -FAMILY — 24 UNITS PER ACRE and contains
approximately 2.23 acres. The request is to rezone the property to RMF-
40, RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0013 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
`7 move to forward RZN-2023-0013 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located on the west side of Gregg Avenue, approximately 650 feet north
of the street's intersection with North Street. The property contains a portion of one parcel totaling
2.23 acres which currently serves as the site of Central Baptist Church. The property is zoned
RMF-24, Residential Multi -Family — 24 Units per Acre and is partially located within the
Hillside/Hilltop Overlay District. The remainder of the property was recently rezoned from RMF-
24 to RMF-40, Residential Multi -Family — 40 Units per Acre on April 3, 2023 (Ord. 6652).
Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-24, Residential Multi -Family — 24 Units per Acre
South
Multi -Family Residential
RMF-40, Residential Multi -Family — 40 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family — 4 Units per Acre
West
Industrial; Multi -Family Residential
1-1, Heavy Commercial and Light Industrial;
RMF-24, Residential Multi -Family — 24 Units per Acre
Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family —
24 Units per Acre to RMF-40, Residential Multi -Family — 40 Units per Acre.
Public Comment: To date, staff has not received any public comment regarding this request.
Page 238 of 284
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Gregg Avenue, a fully -improved
Neighborhood Link street with asphalt paving, curb and gutter, and sidewalk. Any
street improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing eight -inch water main
is present along the west side of Gregg Avenue.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present in the center of Gregg Avenue.
Drainage: No portion of the property lies within a FEMA-designated floodplain and no
protected streams or hydric soils are present. However, a small portion of the
property is located within the Hillside/Hilltop Overlay District. Engineered footing
designs and grading, erosion control, and abbreviated tree preservation plans will
be required at the time of building permit submittal if any development is proposed
within that overlay district. Any additional improvements or requirements for
drainage would be determined at the time of development proposal.
Fire: Station 2, located at 708 N. Garland Ave., protects this site. The property is located
approximately one mile from the fire station with an anticipated drive time of
approximately three minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request
Tree Preservation:
The proposed zoning district of RMF-40, Residential Multi -Family — 40 Units per
Acre requires 20% minimum canopy preservation. The current zoning district of
RMF-24, Residential Multi -Family — 24 Units per Acre, requires 20% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood area.
City Neighborhood areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
Page 239 of 284
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 7-9 for
this site with a weighted score of 12 at the highest level. The following elements of the matrix
contribute to this score:
• Adequate Fire Response (Station #2, 708 N. Garland Ave.)
• Near Sewer Main (six-inch main, Gregg Avenue)
• Near Water Main (eight -inch main, Gregg Avenue)
• Near Grocery Store (Harps, 1189 N. Garland Ave.)
• Near City Park (Wilson Park, Gregory Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26 Peak, Leverett Avenue)
• Appropriate Future Land Use (City Neighborhood)
• Sufficient Intersection Density
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed rezoning to be compatible
with the surrounding area. Land uses in the immediate vicinity include multi-
family residences to the north and south, single-family residences to the
east, and industrial uses to the west. A rezoning from RMF-24 to RMF-40
would not impact the permitted or conditional uses on this property. Setback
requirements and maximum building heights would also remain unchanged.
With regard to bulk and area regulations, a rezoning from RMF-24 to RMF-40
would slightly decrease lot width and lot area requirements for single- and
two-family dwellings, but otherwise, those regulations would remain largely
unchanged. Since the subject property is adjacent to properties that are
currently developed with multi -family residences and/or zoned RMF-40, staff
finds that the scale of any potential development resulting from the
proposed rezoning would likely be compatible with the surrounding area.
While single-family dwellings are present to the east, they are separated from
the subject property by a high -volume Neighborhood Link street. Based on
a simple calculation (not factoring requirements for drainage, tree
preservation, or parking), a rezoning to RMF-40 would allow for 89 total units
to be developed on the subject property where the current RMF-24 zoning
would allow for 53 units. Staff finds the increased density associated with
the proposed rezoning to be suitable given the site's proximity to public
services and existing multi -family residential developments.
Land Use Plan Analysis: Staff finds that a rezoning from RMF-24 to RMF-40
could support the property's future land use designation as City
Neighborhood area and Goals 1 and 3 of City Plan 2040 by promoting dense
development near a highly walkable area and logical future transit stops. The
property has a high weighted infill score of 12, indicating that it is likely a
suitable location for residential infill.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Page 240 of 284
Finding: Staff finds that there is sufficient justification for rezoning the property from
RMF-24 to RMF-40. A rezoning to RMF-40 could promote increased density
at a site that is near many public services and nonresidential uses which
would be aligned with the City's future land use and zoning plans and
consistent with the existing development pattern in the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that a rezoning from RMF-24 to RMF-40 has the potential to
increase traffic at this location, though the impact is not expected to
appreciably increase traffic danger or congestion. However, average daily
traffic counts along Gregg Avenue exceed the designed service capacity for
Neighborhood Link streets which is 6,000 vehicle trips per day. The
Arkansas Department of Transportation recorded an average daily traffic
count of 10,000 vehicle trips per day at a point just south of this site in 2022.
Three accidents have been recorded along the property's frontage between
2017 and 2021 with the intersection of Gregg Avenue an North Street,
roughly 350 feet to the south, witnessing much more frequent collisions.
Nearby access to trails and transit stops offer alternative modes of
transportation that may help offset vehicular traffic impacts associated with
an increase in the number of dwelling units permitted at this location.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RMF-24 to RMF-40 has the potential to increase
population density at this location, though impacts on public services are
not expected to be significant. The site has access to public water and sewer
mains and any necessary upgrades to those lines would be determined at
the time of development review. Fayetteville Public Schools did not comment
on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0013 to City
Council with a recommendation of approval.
Page 241 of 284
PLANNING COMMISSION ACTION: Required YES
Date: May 22, 2023 O Tabled
Motion: Garlock
ISecond: Madden
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
® Forwarded O Denied
with a recommendation
of approval.
ATTACHMENTS:
• Unified Development Code:
o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units
Per Acre
o §161.17 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Page 242 of 284
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
35 feet
Two-family
35 feet
Three or more
1 70 feet
Professional offices
1 100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 1 3,000 square feet
Page 243 of 284
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 1 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building
set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-09;
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8,
9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-
21)
Page 244 of 284
161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family
development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre Fort 40 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
30 feet
Two 2 family
30 feet
Three or more
1 70 feet
Professional offices
1 100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
2,500 square feet
Two 2 family
3,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident
Page 245 of 284
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 1 2 stories/3 stories/5 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building
set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09;
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-
14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015
, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
Page 246 of 284
' Civil Engineers Professional Land Surveyors Blew n. /kssociates, P.A.
April 12, 2023
To Whom It May Concern,
Rezone
3825 N Shiloh Dr.
Fayetteville, Arkansas 72703
479-443-4506
Fax 582-1883
Our Client, Pathway Baptist Church, is requesting to rezone a part of the property
at 1275 North Gregg Avenue in Fayetteville. Part of the property has already received
rezoning approval from RMF-24 to RMF-40 and now we are requesting that the entire
property be rezoned to RMF-40. Our client have decided to not go through with the lot
split that had previously been approved and keep the whole property as one.
The area in question is approximately 2.231 acres in size, and currently has an existing
structure and asphalt parking. Fayetteville's General Reference GIS map shows this
location, and adjacent properties to the north and the south as "City Neighborhood" under
the Future Land Use (2040) layer.
If you have any additional questions or comments, feel free to contact our office.
Sincerely,
Nikki Littrell
Senior Project Coordinator
Blew & Associates, P.A.
Page 247 of 284
RZN-2023-0013 1275 N. GREGG AVE
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Page 248 of 284
RZN-2023-0013
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Page 249 of 284
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Page 250 of 284
RZN-2023-0013
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Page 251 of 284
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 13, 2023
CITY COUNCIL MEMO
2023-792
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE: May 26, 2023
SUBJECT: RZN-2023-0014: Rezoning (SE OF DEAD HORSE MOUNTAIN ROAD AND E. GOFF
FARM ROAD/RIVERWOOD HOMES, 606, 607, 645, 646): Submitted by HALL ESTILL
LAW FIRM for property located at SE OF DEAD HORSE MOUNTAIN ROAD AND E.
GOFF FARM ROAD in WARD 1. The property is split zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE, and R-A, RESIDENTIAL AGRICULTURAL
and contains approximately 205.2 acres. The request is to rezone a portion of the
property to NC, NEIGHBORHOOOD CONSERVATION AND CS, COMMUNITY
SERVICES.
RECOMMENDATION:
City Planning staff recommend denial and the Planning Commission recommend approval of a request to
rezone the subject property as described and shown in the attached Exhibits `A' and 'B'.
BACKGROUND:
The subject property is in south Fayetteville, southeast of the intersection of S. Dead Horse Mountain Road
and E. Goff Farm Road. The overall site adds up to approximately 205.2 acres, is currently minimally
developed with low -density residential structures and also incorporates the Stonebridge Meadows Golf Club.
The property is currently zoned R-A, Residential Agricultural and RSF-4, Residential Single -Family, 4 Units per
Acre. The RSF-4 section of the property has a Bill of Assurance that limits the property to a density of 2.5 units
per acre. The property has a long development history, though multiple plans have failed to come to fruition. It
was previously part of the Villas at Stonebridge Planned Zoning District, which expired in 2015. Upon the
project's expiration, staff recommended the property revert back to its original zoning of R-A, Residential -
Agricultural. The property was eventually rezoned to its current RSF-4 designation with an associated Bill of
Assurance limiting the density to 2.5 units per acre (RZN 15-5194, Ordinance 5842). In February 2018, a
preliminary plat for Meadows at Stonebridge Subdivision was approved on a portion of this property (PPL18-
6063), which was not built. After two additional failed rezoning attempts in 2021, one a Planned Zoning District
that was denied by City Council in March, and the other a request to remove the Bill of Assurance which was
denied by Council in December, another preliminary plat received approval on 51.32 acres of the site from
Planning Commission in July 2022 (PPL-2022-0006).
Proposal: The request is to rezone 95.17 acres to NC, Neighborhood Conservation, and 17.81 acres to CS,
Community Services. The remainder of the site, as shown in the applicant's provided exhibit and totaling
approximately 92.22 acres, is to remain R-A, Residential Agricultural.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 252 of 284
Public Comment: Staff received public comment on the request, both ahead of the meeting and at Planning
Commission. Limited primarily to inquiries, staff received comment in support as well as opposition to the
request. Those members of the public who were in support mentioned the benefit of added commercial
development and possibility for affordable housing; those against had concerns about existing drainage issues
and traffic problems.
Land Use Compatibility: Staff finds that the updated proposal is partially incompatible with surrounding land
uses. There are some benefits to the proposal; the combination of R-A and NC will concentrate density to a
smaller portion of the site, rather than would a request for a blanket rezoning to something like RSF-4. From a
use perspective, adding additional single-family homes near single-family homes is inherently compatible. NC,
Neighborhood Conservation, is a single-family zoning district that allows for a density of 10 units per acre with
40-foot lot widths. At such a large acreage, and from a density perspective, however, potentially 950 single-
family lots could be created in the NC portion of the site. While this number does not account for necessary
right-of-way dedication, tree preservation, or drainage requirements that would also accompany any
subdivision of land, the large site would still allow for a large number of units (potentially within the 600-800
range). At this intensity, staff does not find that existing infrastructure could support this without significant
investment. Most traffic would flow and concentrate to the north towards Huntsville Road, and water and sewer
capacity are limited to two 6-inch mains in S. Dead Horse Mountain Road and E. Goff Farm Road, and a 3-inch
sewer main on the south side of E. Goff Farm Road.
The area to the west, though generally rural in nature, has seen recent development, and the inclusion of CS
zoning in the northwestern portion of the site could help insert additional services in an area that is currently
lacking in available amenities. However, while allowing for an insertion of non-residential uses, the CS zoning
district does not require it. With no stated density maximum and minimal lot width and area sizes, the potential
impact of additional residential units, whether multi -family or single-family on that portion of the site could be
too much too soon. Because CS does not require offices, retail, or other amenities to be offered on the
northwest corner of the site, staff cannot support a rezoning to that district.
Land Use Plan Analysis: Staff finds that the proposal is not in line with the goals in City Plan 2040 and adopted
land use policies. The infill score for this site is low, which appears to counter the City's stated goal towards
making infill development a priority. The area is also called out as both a Rural Residential Area, and a
Residential Neighborhood Area. These designations do not lend themselves to the large amount of density and
impact that could be added. Staff does finds that the smaller lot sizes lean this proposal towards meeting the
goal of providing attainable housing and the combination of zoning districts does allow for a more mixed -use
area. While staff supports the mix of uses that could be offered by this proposal, it is difficult to gauge whether
what could be developed would ultimately be compatible in terms of scale, size, and density given the stated
requirements and allowances of each zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a non -uniform infill score of 1-3 for
this site. The following elements of the matrix contribute to the score, at varying points:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (E. Goff Farm Road)
• Near Water Main (S. Dead Horse Mountain and E. Goff Farm Road)
• Near Paved Trail (Saint Paul Trail)
DISCUSSION:
At the May 22, 2023 Planning Commission meeting, a vote of 5-4-0 forwarded the request to City Council with
a recommendation of approval. After a motion to deny failed with a vote of 4-5-0, Commissioner Brink made a
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 253 of 284
motion to forward with a recommendation of approval, with Commissioner Holcomb seconding. Those
Commissioners opposed to the request found that the proposal was not in line with the goals outlined in City
Plan 2040, or with the Growth Concept map. Further, Commissioners issued concerns about the lack of
information available about proposed or potential development plans for such a large site. Those
Commissioners in favor stated that the traffic and infrastructure concerns could be addressed at the time of
development.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 254 of 284
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-792
RZN-2023-0014: Rezoning (SE OF DEAD HORSE MOUNTAIN ROAD AND E. GOFF FARM
ROAD/RIVERWOOD HOMES, 606, 607, 645, 646): Submitted by HALL ESTILL LAW FIRM
for property located at SE OF DEAD HORSE MOUNTAIN ROAD AND E. GOFF FARM ROAD
in WARD 1. The property is split zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE, and R-A, RESIDENTIAL AGRICULTURAL and contains approximately
205.2 acres. The request is to rezone a portion of the property to NC, NEIGHBORHOOOD
CONSERVATION AND CS, COMMUNITY SERVICES.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-014 LOCATED SOUTHEAST OF DEAD HORSE MOUNTAIN ROAD AND GOFF FARM
ROAD FOR APPROXIMATELY 112.98 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL
AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE SUBJECT TO A BILL OF
ASSURANCE TO NC, NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES; AND
R-A, RESIDENTIAL AGRICULTURAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural and RSF-4,
Residential Single Family, 4 Units Per Acre subject to a Bill of Assurance to NC, Neighborhood
Conservation; CS, Community Services; and R-A, Residential Agricultural.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Page 255 of 284
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-792
Item ID
6/20/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/2/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0014: Rezoning (SE OF DEAD HORSE MOUNTAIN ROAD AND E. GOFF FARM ROAD/RIVERWOOD HOMES,
606, 607, 645, 646): Submitted by HALL ESTILL LAW FIRM for property located at SE OF DEAD HORSE MOUNTAIN
ROAD AND E. GOFF FARM ROAD in WARD 1. The property is split zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE, and R-A, RESIDENTIAL AGRICULTURAL and contains approximately 205.2 acres. The request is to
rezone a portion of the property to NC, NEIGHBORHOOOD CONSERVATION AND CS, COMMUNITY SERVICES.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 256 of 284
EXHIBIT 'A'
RZN-2023-0014 SE OF DEAD HORSE
One Mile View MOUNTAIN ROAD AND E. NORTH
0 0.13 0.25 0.5 Miles
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Proposed CS
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Subject Property
Proposed INC
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Neighborhood Link
— Unclassified
— Alley
— Residential Link
Planned Neighborhood Link
-
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Shared -Use Paved Trail
— — Trail (Proposed)
— Fayetteville City Limits Planning Area
Planning Area h1
Fayetteville City Limits _ �J
Proposed NC
n
R-A
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Zoning
�I-2 General lntluslrlel
RESIDENTIAL SINGLE-FAMILY
EXTRACTION
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COMMERCIAL
Residential -Off o
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RSF-18
Community Services
RESIDENTIAL MULTI -FAMILY
Neighborhood Services
RMF
Neighborhood Conservation
RMF-12
RMF-1'
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
RMFaa
R
INDUSTRIAL
- y mmer and Light lndusbiel
Page 257 of 284
EXHIBIT'B'
RZN-2023-0014
LEGAL DESCRIPTION - R-A TO NC:
A part of the S1/2 of Section 24, T16N, R30W in Washington County, Arkansas, and
being described as follows: Beginning at the SE Corner of the SE1/4 of the SW1/4, said
point being the POINT OF BEGINNING, thence N86°49'17"W 987.59 feet, thence
N03007'19"E 597.27 feet, thence S87°14'03"E 52.07 feet, thence S56°34'19"E 339.64
feet, thence S81 °26'17"E 630.62 feet, thence S33°48'42"E 271.55 feet, thence
N88014'57"E 161.24 feet, thence S42°11'57"E 488.91 feet, thence N72°22'35"E 54.12
feet, thence N00019'58"E 468.73 feet, thence N18059'17"W 227.10 feet, thence
N39028'21 "W 389.04 feet, thence S81 °02'45"W 397.71 feet, thence S08057'15"E 23.68
feet, thence S80007'59"W 108.00 feet, thence N74031'30"W 34.38 feet, thence
N59050'02"W 97.58 feet, thence N29020'58"W 104.06 feet, thence N15°49'34"E 138.95
feet, thence N61 °00'05"E 91.68 feet, thence N81 ° 10'07"E 377.04 feet, thence
N08057'15"W 156.17 feet, thence N81 °09'21 "E 171.90 feet, thence S08055'47"E 8.77
feet, thence N80056'09"E 120.20 feet, thence S08057'15"E 156.08 feet, thence
S39028'21"E 468.95 feet, thence S50031'39"W 120.02 feet, thence S39029'12"E 76.44
feet, thence along a curve to the right 34.60 feet, said curve having a radius of 175.56
feet and a chord bearing and distance of S33050'26"E 34.54 feet, thence N71 °00'43"E
146.72 feet, thence S88059'17"E 219.11 feet, thence S71 °01'00"E 123.95 feet, thence
S41001'48"E 143.32 feet, thence S15'42'11"E 266.28 feet, thence N74017'46"E 19.53
feet, thence S15042'17"E 81.70 feet, thence S10055'46"W 137.78 feet, thence
S71 °00'43"W 156.33 feet, thence N 18°59'17"W 20.00 feet, thence S71 °00'43"W 208.00
feet, thence S18059'17"E 52.00 feet, thence N71°00'43"E 271.47 feet, thence
S70052'46"E 183.52 feet, thence S39°36'57"E 439.73 feet, thence S22054'42"E 157.34
feet, thence S02032'46"E 213.06 feet, thence S43043'41 "W 235.14 feet, thence
S28026'43"W 62.04 feet, thence S08020'49"W 184.25 feet, thence S19°43'24"W 70.60
feet, thence S49°53'43"W 156.88 feet, thence S80°04'03"W 147.49 feet, thence
N73014'18"W 258.25 feet, thence N41 °49'52"W 200.37 feet, thence NO2°31'08"E 144.22
feet, thence N12°36'14"E 292.67 feet, thence N18°59'17"W 572.29 feet, thence
S72022'35"W 226.24 feet, thence SO4°36'29"E 859.58 feet, thence S15°59'29"W 713.53
feet, thence S70036'56"W 185.38 feet, thence S32040'39"W 467.13 feet, thence
S46054'37"W 162.88 feet, thence S18019'01"W 118.12 feet, thence S01°23'12"E 98.10
feet, thence S38052'47"E 79.66 feet, thence S16°20'29"E 74.72 feet, thence
N86040'11"W 340.05 feet, thence N49021'23"W 36.69 feet, thence N61014'17"W 108.75
feet, thence N78006'50"W 129.20 feet, thence S87002'56"E 456.97 feet, thence
N02034'06"E 405.39 feet, thence N87°05'45"W 214.58 feet, thence N02033'12"E
1,274.23 feet, thence S73018'48"W 819.41 feet, thence NO3°35'44"E 42.64 feet, thence
N73019'49"E 1,046.13 feet, thence N02034'06"E 841.67 feet to the POINT OF
BEGINNING: Containing 95.17 acres more or less subject to easements and right of
way of record.
Page 258 of 284
EXHIBIT 'B'
RZN-2023-0014
LEGAL DESCRIPTION - R-A TO CS:
A part of the S1/2 of Section 24 and a part of Section 25 , T16N, R30W in Washington
County, Arkansas, and being described as follows: Commencing at the SE Corner of the
SE1/4, SW1A thence NO2°50'44"E 1,517.46 feet to the POINT OF BEGINNING, thence
S82043'44"W 142.94 feet, thence S53°36'18"W 276.65 feet, thence S48°57'18"W
291.80 feet, thence S56°26'58"W 236.55 feet, thence S20°47'21 "W 64.36 feet, thence
S42000'27"W 354.05 feet, thence N01 °56'58"E 39.05 feet, thence N00004'28"E 93.39
feet, thence N02058'53"W 129.30 feet, thence N04058'52"W 139.32 feet, thence
N05030'35"W 237.75 feet, thence N05057'05"W 180.57 feet, thence N86038'24"E 750.00
feet, thence NO3°26'25"W 400.22 feet, thence N86°32'02"E 182.95 feet, thence
N86056'15"E 608.75 feet, thence N89037'05"E 52.73 feet, thence along a non tangent
curve to the right 78.72 feet, said curve having a radius of 131.27 feet and a chord
bearing and distance of S71 °23'16"E 77.55 feet, thence along a non tangent curve to
the right 61.31 feet, said curve having a radius of 125.59 feet and a chord bearing and
distance of S34003'03"E 60.70 feet, thence S21 °20'30"E 40.99 feet, thence along a non
tangent curve to the left 202.35 feet, said curve having a radius of 660.49 feet and a
chord bearing and distance of S28018'01"E 201.56 feet, thence S37011'15"E 89.37 feet,
thence along a non tangent curve to the left 55.52 feet, said curve having a radius of
1,677.52 feet and a chord bearing and distance of S38012'10"E 55.52 feet, thence
S50027'50"W 170.70 feet, thence N39003'01 "W 157.90 feet, thence N55040'23"W 72.67
feet, thence N71 °40'52"W 120.12 feet, thence S81 °29'37"W 48.59 feet, thence
N54037'53"W 99.63 feet, thence S75°02'54"W 48.07 feet, thence S22°12'33"W 121.04
feet; thence S22012'33"W 80.41 feet, thence S82043'44"W 117.69 feet to the POINT OF
BEGINNING: Containing 17.81 acres more or less subject to easements and right of
way of record.
Page 259 of 284
CITY OF
VOWFAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: May 22, 2023 Updated with PC hearing results from May 22, 2023
SUBJECT: RZN-2023-0014: Rezoning (SE OF DEAD HORSE MOUNTAIN ROAD
AND E. GOFF FARM ROAD/RIVERWOOD HOMES, 606, 607, 645, 646):
Submitted by HALL ESTILL LAW FIRM for property located at SE OF
DEAD HORSE MOUNTAIN ROAD AND E. GOFF FARM ROAD. The
property is split zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE, and R-A, RESIDENTIAL AGRICULTURAL and
contains approximately 205.2 acres. The request is to rezone a portion of
the property to NC, NEIGHBORHOOOD CONSERVATION AND CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends denial of RZN-2023-0014.
RECOMMENDED MOTION:
`7 move to deny RZN-2023-0014."
BACKGROUND:
The subject property is in south Fayetteville, southeast of the intersection of S. Dead Horse
Mountain Road and E. Goff Farm Road. The property consists of 10 parcels, and in total adds up
to approximately 205.2 acres. It is currently minimally developed with low -density residential
structures and also incorporates the Stonebridge Meadows Golf Club. The property is currently
zoned R-A, Residential Agricultural and RSF-4, Residential Single -Family, 4 Units per Acre. The
RSF-4 section of the property has a Bill of Assurance attached to it that limits the property to a
density of. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Golf Course
R-A, Residential -Agricultural
South
Undeveloped
RSF-2, Residential Single -Family, 2 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Undeveloped/Single-Family Residential
R-A, Residential -Agricultural;
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone 95.17 acres to NC, Neighborhood Conservation, and 17.81
acres to CS, Community Services. The remainder of the site, approximately 92.22 acres, is to
remain R-A, Residential Agricultural.
Public Comment: Staff has received inquiries about the request, but no outright support or
opposition. One neighbor issued a concern regarding an agreement with a previous property
owner regarding the replacement of 20 pine trees that would be impacted by development. Staff
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has determined that that is likely a civil matter at this time, and specific tree preservation
requirements would be taken into account at the time of development.
INFRASTRUCTURE:
Streets: The subject area has frontage along S. Dead Horse Mountain Rd., which is a
partially improved Neighborhood Link street with asphalt paving, curb and gutter,
sidewalk on parts, and open ditches on the rest. The subject area also has
frontage along E. Goff Farm Rd., which is a partially Residential Link street with
asphalt paving and open ditches. Any street improvements required in these areas
would be determined at the time of development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present on the west side of S. Dead Horse Mountain Rd. An existing 6-inch water
main is present on the north side of E. Goff Farm Rd.
Sewer: Sanitary sewer is available to the subject area. An existing 3-inch sewer main is
present on the south side of E. Goff Farm Rd. Existing access to across the rest
of the subject property.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District, or within
a FEMA floodplain. However, the property is largely encumbered by hydric soils.
Hydric soils are known indicators of wetlands, though for an area to be classified
as wetlands, it may also need other characteristics such as hydrophytes (plants
that grow in water), and shallow water during parts of the year. Hydric soils can be
found across many areas of Fayetteville, including valleys, floodplains, and open
prairies. It's important to identify these natural resources during development, so
when these soils are identified on a property, further environmental studies will be
required at the time of development. Before permits will be issued for the property
a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal.
There is also a protected stream on the northeast side of the property. Streamside
Protection Zones generally consist of a protected area on each side of a stream or
creek. This "protected area" is meant to preserve woody vegetation and natural
areas along stream corridors to improve/protect stream health. At a minimum, it
will be 50ft wide as measured from the top of bank but depending on the shape
and extents of the floodway, it could be substantially more. Certain construction
activities such as trails and some utilities are allowed in these zones, but in general,
improvements such as parking lots or buildings are prohibited.
Any additional improvements or requirements for drainage will be determined at
the time of development.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 2 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
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would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The current zoning districts of R-A, Residential -Agricultural and RSF-4, Residential
Single -Family, 4 Units per Acre require 25% minimum canopy preservation. The
proposed zoning districts of NC, Neighborhood Conservation and CS, Community
Services require 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood and Rural Residential
areas.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
Rural Residential Areas recognize existing low -density large lot development but are identified
to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands
that are sparsely settled. These areas may or may not have adequate street and water
infrastructure or public services, such as police and fire protection to support urban or suburban
densities and development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a non -uniform infill score
of 1-3 for this site with a weighted score of 3.5. The following elements of the matrix contribute to
the score, at varying points:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (E. Goff Farm Road)
• Near Water Main (S. Dead Horse Mountain and E. Goff Farm Road)
• Near Paved Trail (Saint Paul Trail)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds that the updated proposal is partially
incompatible with surrounding land uses. There are some benefits to the
proposal; the combination of R-A and NC will concentrate density to a
smaller portion of the site, rather than a blanket rezoning to something like
RSF-4, and have the potential to conserve additional land. NC, Neighborhood
Conservation, is a single-family zoning district that allows for a density of 10
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HO � 262 of 284
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units per acre with 40-foot lot widths. From a use perspective, adding
additional single-family homes near single-family homes is inherently
compatible, and staff does not find any issues with this. At such a large
acreage, and from a density perspective, however, potentially 950 single-
family lots could be created in the NC portion of the site. While this number
does not account for necessary right-of-way dedication, tree preservation,
or drainage requirements that would also accompany any subdivision of
land, the large site would still allow for a large number of units (potentially
within the 600-800 range). At this intensity, staff does not find that existing
infrastructure could support this without significant investment. Most traffic
would concentrate to the north towards Huntsville Road, and water and
sewer capacity are also quite limited in this area. The area to the west,
though generally rural in nature, has seen recent development, and with the
inclusion of CS zoning in the northwestern portion of the site, this could help
insert additional services in an area that is currently lacking in available
amenities. The CS zoning district proposal, at 17 acres, while allowing for an
insertion of uses, does not require it. With no stated density maximum and
minimal lot width and area sizes, the potential impact of additional
residential units, whether multi -family or single-family on that portion of the
site could be too much too soon. Unless there was a guarantee that offices,
retail, or other amenities were to be offered on the northwest corner of the
site, staff cannot support a blanket rezoning to CS.
Land Use Plan Analysis: Staff finds that the proposal is not in line with the
goals in City Plan 2040 and adopted land use policies. The infill score for this
site is low, which appears to counter the City's stated goal towards making
infill development a priority. The area is also called out as both a Rural
Residential Area, and a Residential Neighborhood Area. These designations
do not lend themselves to the large amount of density that could be added
to this area. Staff does finds that the smaller lot sizes lean this neighborhood
towards meeting the goal of providing attainable housing and the
combination of zoning districts does allow for a more mixed use area.
Without assurances of the mix of uses, however, it is difficult to gauge
whether what could be developed would ultimately be compatible in terms
of scale, size, and density.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning to NC, Neighborhood Conservation
and CS, Community Services, is not necessarily justified. A rezoning of this
nature, scale, and intensity may run counter to the long-term land use plans
for the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will increase traffic, and to a significant degree. With
the addition of potentially anywhere between 600-900 homes in just the
portion zoned NC, staff finds this may negatively contribute to traffic counts
on Dead Horse Mountain Road, with residents having no viable alternative
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HO � 263 of 284
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transportation option. That said, with the addition of potential walkable
services in the area through the CS zoning request, staff finds that this
somewhat alleviates this concern. However, since CS also allows for
residential uses by -right, there is no guarantee through that zoning district
that services would be provided. Staff also finds that there is a possible
connection to an existing bike trail, which does work in the development's
favor towards the future reduction of traffic counts, but this does little to
provide connectivity to the development in the short term. Staff finds that
given the proposed unit counts and proposed densities, the applicant should
plan to submit a Traffic Impact Study (TIS) with any proposed preliminary
plat, should the rezoning at this site be approved.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from its current zoning designation will significantly
alter the potential population density in the area. Initial Engineering Division
review indicates that utility extensions or upgrades are likely required,
especially with regards to current water service to the site, which does not
currently have the capacity to serve a development of this size. No
comments were received from the Fayetteville Public School district.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0014 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION
Date: May 22, 2023
Motion:
Second:
Vote:
O Tabled
Required YES
Motion #1:
Garlock
2nd: Madden
Deny
4-5-0 (Motion failed)
(Commissioners Brink,
Payne, Holcomb, Winston,
McGetrick opposed)
55 Forwarded O Denied
Motion #2:
Brink
2nd: Holcomb
FWD, with a rec. of approval.
5-4-0 (Motion carried)
(Commissioners Sparkman,
Garlock, Madden, Gulley
opposed)
Planning Commission
May 22, 2023
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BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.03 District R-A, Residential -Agricultural
o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
o §161.29 Neighborhood Conservation
o §161.22 Community Services
• Request Letter
• Applicant Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HO � 265 of 284
Paqe 6 of 17
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half '/z
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 266 of 284
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additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427,
§§l (Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal
and termination section."
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
I Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
dwellings
Two (2) family
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
dwelling unit
8,000 square feet
6,000 square feet
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 267 of 284
Paqe 8 of 17
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal
and termination section."
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as
civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two 2 family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12a
Limited business'
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 268 of 284
Paqe 9 of 17
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located between
the front property line and a line 25 feet
from the front property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections
ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty
(20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this
ordinance to repeal this sunset, repeal and termination section."
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping goods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 269 of 284
Paqe 10 of 17
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord.
No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 270 of 284
Page 11 of 17
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset
Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance
6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the
City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section."
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 271 of 284
Page 12 of 17
HALL
LSTILL
ATTORNEYS AT LAW
April 12, 2023
City of Fayetteville Planning Commission
and Planning Department
125 West Mountain Street
Fayetteville, Arkansas 72701
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
Re: Rezoning of Parcel Nos. 765-15268-350, 765-15268-451, 765-15269-101, 765-
15269-102, 769-15269-150, 769-15269-151, 769-15268-452, 769-15268-400,
769-15268-401, 769-15268-150
ADDRESS: 2858 Dead Horse Mtn. Rd. and 3495 E. Goff Farm Rd.
From RSF-4 and RA to Neighborhood Conservation (NC) and
RA to Neighborhood Services (CS)
To Whom It May Concern:
This letter is in regard to rezoning parcels 765-15268-350, 765-15268-451, and 765-15269-
101 from its current designation of RSF-4 and RA to Neighborhood Conservation (NC) and parcels
765-15269-102, 769-15269-150, 769-15269-151, 769-15268-452, 769-15268-400, 769-15268-
401, 769-15268-150 from its current designation of RA to Neighborhood Services (CS). The
Neighborhood Conservation zone promotes and protects neighborhood character, it is usually
residential, but it can also have a mix of uses. CS is designed to give convenience goods and
services to the surrounding residents. The future land use for these tracks and surrounding areas
is mainly Residential Neighborhood. This designation is primarily residential with a wide variety
of housing types of different scale, and it encourages highly connected compact blocks and
traditional neighborhood development.
Further, Neighborhood Conservation (NC) is presently compatible and would fit in this
area as it currently exists, and the future and this rezoning will not unreasonably affect in any
adverse way the surrounding land uses. Also, CS is compatible too and will not unreasonably or
adversely impact the surrounding land uses.
Cc: Client(s)
Sincerely yours,
Is/Robert K Rhoads
Robert K. Rhoads
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Planning Commission
Tulsa • Oklahoma City • Northwest Arkansas • Denver
www.hallestill.com May 22, 2023
RZN-2023-0014 (RIVERWOOD HoF4W 272 of 284
Paqe 13 of 17
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PROJECT TITLE: STONEBRIDGE COTTAGES REZONING
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RZN-2023-0014 SE OF DEAD HORSE
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RZN-2023-0014 (RIVERWOOD HOW 274 of 284
Paqe 16 of 17
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May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 275 of 284
Paqe 17 of 17
From: Kenneth Webster <fixitall123@att.net>
Sent: Sunday, April 30, 2023 4:27 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: RZN-2023-0014
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hello Jessica;
I'm an adjacent landowner.
I know this property sold recently. The last planning was for 50 acres. This is requesting
205 acres, and will surely be a lot more impact.
Can you send me a drop box link for the proposed development.
Also, I had an agreement written with the 2 past land owners. It was for the replacement
of 20 pine trees that are 50 ft tall. They are located within 2 to 3 ft of the old, proposed
road and will surely be affected by the new road installment. The roots will be impacted
and most likely I will lose all 20.
(I've been told by a Horticulturist with the County)
I would like to readdress that with a new proposal that is updated and what I would like
to see as a replacement.
If you can direct me to the correct personal for that issue, I would be grateful.
Kenny Webster
2396 S Dead Horse Mountain Road
I:rielbN:1FOxT-3i
Planning Commission
May 22, 2023
RZN-2023-0014 (RIVERWOOD HOW 276 of 284
Page 15 of 17
Re: rezone number RZN-2023-0014 Stonebridge Meadows Golf Course
Attn: Jessica Masters Fayetteville Planning Commission
Enclosed are photos showing drainage issues from the golf course This was supposed
to have been
Taken care of by the bond issue 3 * years ago and to date has not yet been resolved. The
property in rezone concerns is the water/pond/stream east of the clubhouse, the
drainage indirectly affects the drainage on the14th tee side of Cherry Hills Drive. Alan
Pugh of the Fayetteville Engineering Department is aware of this problem.
I feel that before any rezoning is considered, the present drainage issues on the course
should be addressed by the golf course and or the village.
Ronald H Mueller
Z/
1880 S Cherry Hills _Drive
Fay etteviIle Arkansas 72701
A
Page 277 of 284
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Page 281 of 284
From: Billy Franklin <billyfranklin2020@outlook.com>
Sent: Sunday, May 21, 2023 8:48 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Support For Riverwood Homes Deadhorse development
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi Jessie, My wife Leslie and I, Billy Franklin, support the Riverwood development in the
Stonebridge/Deadhorse Mt area. We live in the Riverwalk Neighborhood and would appreciate all that
Riverwood homes has to offer. We have no doubt that the development would enhance the quality,
lifestyle, and property values for the people of our area. Please consider our support of the Riverwood
Homes development off Goff Farm Rd near Stonebridge and Riverwalk neighborhoods.
From: John Carpenter <johncarpenter@lindsey.com>
Sent: Monday, May 22, 2023 11:40 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Dead Hors Mountain Rd. and Goff Farm Rd.
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Mr. Masters,
I am writing to you about the proposed rezoning of the properties that are coming before you today. I
have lived in the community for the past 11 years and have sold real estate for the past 30 plus years. I
am in complete support of the applications request to rezone the property.
Best Regards,
John K. Carpenter • Senior Vice President
Lindsey & Associates
Mobile # 479-957-8181 1 Direct # 479-527-8715
JohnkCarpenter.com o
Page 282 of 284
-----Original Message -----
From: Sean McDonald <seanmcdon23@gmail.com>
Sent: Monday, May 22, 2023 11:56 AM
To: Masters, Jessica <jmasters @fayetteville-ar.gov>
Subject: tonight's mtg
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hi Jessica,
Unfortunately I am not able to make the commission's meeting this evening, but I wanted to let you
know that as a former resident of Stonebridge, that I am in favor of this project.
I believe some additional commercial development will really help the area along with more affordable
housing. It seems to make sense that Riverwood and the golf course working together could be a good
solution in forward progress that would help accomplish a neighborhood that includes those traits
desired by the city.
Respectfully,
Sean M
-----Original Message -----
From: James Young <youngjames@cox.net>
Sent: Monday, May 22, 2023 1:37 PM
To: Masters, Jessica <jmasters @fayetteville-ar.gov>
Subject: RZN-2023-0014
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Jessica,
I may be unable to attend tonight's commission session. In light of that, I wanted to email a quick note
expressing my support for the above referenced project.
This area in this project needs more commercial development. Furthermore, additional affordable
housing in this area is a positive. I think Riverwood working with the golf course is a great approach to
accomplishing the type of development with traits desirable to the city.
Kind Regards,
James S. Young
Page 283 of 284
From: Stacey White <staceyellenwhite@yahoo.com>
Sent: Monday, May 22, 2023 1:59 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: RZN-2023-0014
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Jessica,
I may not be able to make tonight's commission meeting, but
wanted to send a quick note in support of this project.
This area needs more commercial development and additional
affordable housing, I think Riverwood working with the golf
course makes the most sense to accomplish a neighborhood
consisting of those traits desired by the city.
Regards,
Stacey White
Page 284 of 284