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HomeMy WebLinkAbout144-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 144-23 File Number: 2023-816 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 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. PASSED and APPROVED on June 20, 2023 Page 1 Attest: Kt�t,a���b : J. .S?: a . FA YETTE Kara Paxton, City Clerc reasurer CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 20, 2023 CITY COUNCIL MEMO 2023-816 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Jared Rabren, Airport Director DATE: 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 www.fayetteville-ar.gov Fayetteville, AR 72701 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 www.fayetteville-ar.gov Fayetteville, AR 72701 == 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 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 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 I of 1 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 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 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; 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 3-05-0020-055-2023 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. 3-05-0020-055-2023 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). 3-05-0020-055-2023 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. 3-05-0020-055-2023 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 3-05-0020-055-2023 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. 3-05-0020-055-2023 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 3-05-0020-055-2023 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. 3-05-0020-055-2023 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 3-05-0020-055-2023 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 U�A V I t 10,10L City of Fayetteville %,V(..--, Authorized Official) By: L (Typed Name of Sponsor's Authorized Official) Title:— M a " ny- (i e 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 3-05-0020-055-2023 CERTIFICATE OF SPONSOR'S ATTORNEY t 4— i It JA'P1,1- , 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 VIII; 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 correct.' 193n Pure of 5 nsor's Attorney) Dated at -2D �- By: ' 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 ASSURANCES AIRPORT SPONSORS A. General. 3-05-0020-055-2023 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 Page 1 of 18 3-05-0020-055-2023 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 Page 2 of 18 3-05-0020-055-2023 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.' Airport Sponsors Assurances Bipartisan Infrastructure Law Page 3 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 4 of 18 3-05-0020-055-2023 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 Airport Sponsors Assurances Bipartisan Infrastructure Law Page 5 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 6 of 18 3-05-0020-055-2023 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 Airport Sponsors Assurances Bipartisan Infrastructure Law Page 7 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure law Page 8 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 9 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 10 of 18 3-05-0020-055-2023 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 Airport Sponsors Assurances Bipartisan Infrastructure law Page 11 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 12 of 18 3-05-0020-055-2023 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 Airport Sponsors Assurances Bipartisan Infrastructure Law Page 13 of 18 3-05-0020-055-2023 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 Airport Sponsors Assurances Bipartisan Infrastructure Law Page 14 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 15 of 18 3-05-0020-055-2023 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 - Airport Sponsors Assurances Bipartisan Infrastructure Law Page 16 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 17 of 18 3-05-0020-055-2023 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. Airport Sponsors Assurances Bipartisan Infrastructure Law Page 18 of 18 ASSURANCES PLANNING AGENCY SPONSORS A. General. 3-05-0020-055-2023 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. Planning Assurances 5/2022 Page 1 of 7 3-05-0020-055-2023 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) 3-05-0020-055-2023 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 Planning Assurances 5/2022 Page 3 of 7 3-05-0020-055-2023 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. Planning Assurances 5/2022 Page 4 of 7 3-05-0020-055-2023 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. Planning Assurances 5/2022 Page 5 of 7 3-05-0020-055-2023 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 Planning Assurances 5/2022 Page 6 of 7 3-05-0020-055-2023 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). Planning Assurances 5/2022 Page 7 of 7 APPENDIX A-06 TASK ORDER 06 FAYETTEVILLE — DRAKE FIELD AIRPORT AIRPORT MASTER PLAN This TASK ORDER is made as of `,)"V1 e '1, 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 FYV Airport Master Plan Garver Project No. 22A14360 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. CITY2OFFYETTEVILLE, ARKANSAS GARVER By Br � -- miy6r, L oneld Jorda ATTEST: v egg i7F?EA���'�i By: 01�kE:•• F •. ,p%tle:_ Senior Project Manager City Clerk "1'gsvref G ••;y� .a. ..U• FA •. R• hA o� ti/NG ��oN�� Task Order 06 2 of 2 FYV Airport Master Plan Garver Project No. 22A 143 60 9VE:R 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 Appendix A-06 - Scope of Services 1 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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 Appendix A-06 - Scope of Services 2 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 3 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER • 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 . Appendix A-06 - Scope of Services 4 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER • 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. Appendix A-06 - Scope of Services 5 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 6 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 7 of 29 Drake Field — AMP Project Garver Project No. 22A14360 9VE:R 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. Appendix A-06 - Scope of Services 8 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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.). Appendix A-06 - Scope of Services 9 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 10 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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). Appendix A-06 - Scope of Services 11 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 12 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 13 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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 Appendix A-06 - Scope of Services 14 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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. Appendix A-06 - Scope of Services 15 of 29 Drake Field — AMP Project Garver Project No. 22A14360 GARVER 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 Appendix A-06 - Scope of Services 16 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER • 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 Appendix A-06 - Scope of Services 17 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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 Appendix A-06 - Scope of Services 18 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER 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 Appendix A-06 - Scope of Services 19 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL 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 Appendix A-06 - Scope of Services 20 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER • 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 Appendix A-06 - Scope of Services 21 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL QUANTUM SPATIAI. N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 22 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL QUANTUM SPATIAI. N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 23 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL 7UANTUM SPATIAL N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 24 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL QUANTUM SPATIAI. N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 25 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL QUANTUM SPATIAI. N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 26 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER N V S GEOSPATIAL N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 27 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL IIIANt1IM'PATIAI N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 28 of 29 Drake Field —AMP Project Garver Project No. 22A14360 GARVER NV S GEOSPATIAL QUANTUM SPATIAI. N6216 Resource Drive, Sheboygan Falls, WI 53085 Appendix A-06 - Scope of Services 29 of 29 Drake Field —AMP Project Garver Project No. 22A14360 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 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 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 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 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 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 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 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 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