HomeMy Public PortalAboutORD15158Bl LL NO ·-----=2=-=0;....:..1 =-3--=-5=-6 ___ _
SPONSORED BY COUNCILMAN --=S=cr..:...:iv...:....:n=er:...__ __ _
ORDINANCE NO. __ __.:_/--=~:........:/---"'Y'----'~~-----
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT
AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR CONSTRUCTION , AND
CONSTRUCTION SERVICE RELATED TO THE AIRFIELD LIGHTING ELECTRICAL
VAULT AND AIRFIELD LIGHTING CONTROL SYSTEM PROJECT AT THE
JEFFERSON CITY MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS :
Section 1. The Mayor and Clerk are hereby authorized to execute a Grant
Agreement with the Missouri Highways and Transportation Commission for construction
and construction services related to the airfield lighting electrical vault and airfield
lighting control system project at the Jefferson City Memorial Airport.
Section _g . This agreement shall be substantially the same in form and content
as Exhibit A attached hereto.
Section ~. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Mayor
City Counselor
CCO FORM: AC10
Approved: 03/91 (KR)
Revised: 03/13 (MWH)
Modified:
CFDA Number:
CFDA Title:
Federal Agency:
Ai. 1515-g
Sponsor: City of Jefferson
Project No. 13-040B-1
Airport Name: Jefferson City Memorial
CFDA #20.106
Airport Improvement Program
Federal Aviation Administration, Department of Transportation
STATE BLOCK GRANT AGREEMENT
SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION
-State Block Grant Agreement
-- Federal Authorization - Airport and Airway Improvement
Act of 1982 (as amended)
-- Project Description - Planning, Land /Easement Appraisals
and Acquisitions, Surveying, Engineering Design, Construction
SECTION II - STANDARD AGREEMENT ITEMS
1. PURPOSE
2. PROJECT TIME PERIOD
3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY
4. AMOUNT OF GRANT
5. AMOUNT OF MATCHING FUNDS
6. ALLOWABLE COSTS
7. WITHDRAWAL OF GRANT OFFER
8. EXPIRATION OF GRANT OFFER
9. FEDERAL SHARE OF COSTS
10. RECOVERY OF FEDERAL FUNDS
11. PAYMENT
12. ADMINISTRATIVE /AUDIT REQUIREMENTS
13. APPENDIX
14. ASSURANCES /COMPLIANCE
15. LEASES /AGREEMENTS
16. NONDISCRIMINATION ASSURANCE
17. CANCELLATION
18. VENUE
19. LAW OF MISSOURI TO GOVERN
20. WORK PRODUCT
21. CONFIDENTIALITY
22. NONSOLICITATION
23. DISPUTES
24. INDEMNIFICATION
25. HOLD HARMLESS
26. NOTIFICATION OF CHANGE
27. DURATION OF GRANT OBLIGATIONS
28. AMENDMENTS
29. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS
30. ASSIGNMENT
31. BANKRUPTCY
32. COMMISSION REPRESENTATIVE
33. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006
34. SPECIAL CONDITIONS
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SECTION III — PLANNING
35. AIRPORT LAYOUT PLAN
36. AIRPORT PROPERTY MAP
37. ENVIRONMENTAL IMPACT EVALUATION
38. EXHIBIT "A" PROPERTY MAP
SECTION IV - LAND /EASEMENT APPRAISALS AND ACQUISITIONS
39. RUNWAY PROTECTION ZONE
SECTION V - DESIGN
40. ENGINEER'S DESIGN REPORT
41. GEOMETRIC DESIGN CRITERIA
42. PLANS, SPECIFICATION AND ESTIMATES
SECTION VI - CONSTRUCTION
43. CONSTRUCTION OBSERVATION /INSPECTION REQUIREMENTS
44. CONSTRUCTION PROGRESS AND INSPECTION REPORTS
45. WAGE LAWS
46. COMPETITIVE SELECTION OF CONTRACTOR
47. REVIEW OF BIDS AND CONTRACT AWARD
48. NOTICE TO PROCEED
49. DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION
50. LABOR STANDARDS INTERVIEWS
51. AIR AND WATER QUALITY STANDARDS
52. FILING NOTICE OF LANDING AREA PROPOSAL
53. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
54. CHANGE ORDERS /SUPPLEMENTAL AGREEMENTS
55. RESPONSIBILITY FOR PROJECT SAFETY
56. RECORD DRAWINGS
SECTION VII - GRANT ACCEPTANCE
—Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to
comply with grant requirements will jeopardize funding eligibility.
-- Certificate of sponsor's attorney
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Sponsor: City of Jefferson
Project No. 13- 040B -1
Airport Name: Jefferson City Memorial
CFDA Number:
CFDA Title:
Federal Agency:
CFDA #20.106
Airport Improvement Program
Federal Aviation Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
STATE BLOCK GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission ") and City of Jefferson
(hereinafter, "Sponsor "). Reference will also be made to the Federal Aviation
Administration (hereinafter, "FAA ") and the Federal Airport Improvement Program
(hereinafter, "AIP ").
WITNESSETH:
WHEREAS, Section 116 of the federal Airport and Airway Safety and Capacity
Expansion Act of 1987 amended the previous Act of 1982 by adding new section 534
entitled "State Block Grant Pilot Program ", (Title 49 United States Code Section 47128);
and
WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State
Block Grant Program to be permanent; and
WHEREAS, the Commission has been selected by the FAA to administer state
block grant federal funds under said program; and
WHEREAS, the Sponsor has applied to the Commission for a sub grant under
said program; and
WHEREAS, the Commission has agreed to award funds to the Sponsor with the
understanding that such funds will be used for a project pursuant to this Agreement for
the purposes generally described as follows:
Construction of Lighting and Controller System Improvements;
NOW, THEREFORE, in consideration of these mutual covenants, promises and
representations, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under the State Block Grant Program.
(2) PROJECT TIME PERIOD: The project period shall be from the date of
execution by the Commission to September 30, 2014. The Commission's chief
engineer may, for good cause as shown by the Sponsor in writing, extend the project
time period.
(3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor
shall provide satisfactory evidence of title to all existing airport property and avigation
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easements and address any and all encumbrances. Satisfactory evidence will consist
of the Sponsor's execution of a Certificate of Title form provided by the Commission.
(4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed
Four Hundred Forty Five Thousand Seven Hundred Forty Three dollars ($445,743) for
eligible preliminary project costs and/or land /easement acquisition. A grant amendment
to cover the balance of eligible project costs will be provided after construction bids are
received.
(A) The amount of this grant stated above represents Three Hundred
Fifty Four Thousand Nine Hundred One Dollars ($354,901) at ninety -five percent (95 %)
of eligible project costs and Ninety Thousand Eight Hundred Forty Two Dollars
($90,842) at ninety percent (90 %).
(B) The designation of this grant does not create a lump sum quantity
contract, but rather only represents the amount of funding available for qualifying
expenses. In no event will the Commission provide the Sponsor funding for
improvements or work that are not actually performed. The release of all funding under
this Agreement is subject to review and approval of all project expenses to ensure that
they are qualifying expenses under this program.
(5) AMOUNT OF MATCHING FUNDS: The initial amount of local matching
funds to be furnished by the Sponsor is not to exceed Twenty Eight Thousand Seven
Hundred Seventy Three dollars ($28,773).
(A) The amount of matching funds stated above represents Eighteen
Thousand Six Hundred Seventy Nine Dollars ($18,679) at five percent (5 %) of eligible
project costs and Ten Thousand Ninety Four Dollars ($10,094) at ten percent (10 %) of
eligible project costs.
(B) The Sponsor warrants to the Commission that it has sufficient cash
on deposit to provide the local matching funds identified above, as well as to cover one
hundred percent (100 %) of any ineligible items included in the scope of work.
(6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs
that are ineligible as defined in the Airport and Airway Improvement Act of 1982 (as
amended) and in Title 49, Code of Federal Regulations (hereinafter, "CFR "), Part 18.
(7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right
to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor.
(8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the
Commission shall not be obligated to pay any part of the costs of the project unless this
grant Agreement has been executed by the Sponsor on or before September 30, 2013
or such subsequent date as may be prescribed in writing by the Commission.
(9) FEDERAL SHARE OF COSTS: Payment of the United States' share of
the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary of the United States
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Department of Transportation (hereinafter, "USDOT ") shall practice. Final determination
of the United States' share will be based upon the 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.
(10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully,
in violation of federal antitrust statutes, or misused in any other manner for any project
upon which federal funds have been expended. For the purpose of this grant
Agreement, the term "federal funds" means funds used or disbursed by the Sponsor
that were originally paid pursuant to this or any other federal grant Agreement. The
Sponsor shall return the recovered federal share, including funds recovered by
settlement, in order or judgment, to the Commission. It shall furnish to the Commission,
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 effort taken to
recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such federal share shall be approved in advance by
the Commission.
(11) PAYMENT: Payments to the Sponsor are made on an advance basis.
The Sponsor may request incremental payments during the course of the project or a
lump sum payment upon completion of the work. However, this advance payment is
subject to the limitations imposed by paragraph 11(B) of this Agreement.
(A) The Sponsor may request payment at any time subsequent to the
execution of this Agreement by both parties. Requests for reimbursement shall be
supported with invoices. After the Sponsor pays incurred costs, copies of checks used
to pay providers must be submitted to the Commission.
(B) It is understood and agreed by and between the parties that the
Commission shall make no payment which could cause the aggregate of all payments
under this Agreement to exceed ninety percent (90 %) of the maximum federal (block
grant) obligation stated in this Agreement or eighty -six percent (86 %) of actual total
eligible project cost, whichever is lower, until the Sponsor has met and/or performed all
requirements of this grant Agreement to the satisfaction of the Commission. The final
ten percent (10 %) of the maximum federal (block grant) obligation stated in this
Agreement shall not be paid to the Sponsor until the Commission has received and
approved all final closeout documentation for the project.
(C) Within ninety (90) days of final inspection of the project funded
under this grant, the Sponsor shall provide to the Commission a final payment request
and all financial, performance and other reports as required by the conditions of this
grant, with the exception of the final audit report. This report shall be provided when the
Sponsor's normal annual audit is completed.
(D) When force account or donations are used, the costs for land,
engineering, administration, in -kind labor, equipment and materials, etc., may be
submitted in letter form with a breakdown of the number of hours and the hourly
charges for labor and equipment. Quantities of materials used and unit costs must also
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be included. All force account activity, donations, etc., must be pre- approved by the
Commission to ensure eligibility for funding.
(12) ADMINISTRATIVE /AUDIT REQUIREMENTS: This grant shall be
governed by the administrative and audit requirements as prescribed in Title 49 CFR
Parts 18 and 90, respectively.
(A) If the Sponsor expends five hundred thousand dollars ($500,000) or
more in a year in federal financial assistance, it is required to have an independent
annual audit conducted in accordance with Office of Management and Budget
(hereinafter, "OMB ") Circular A -133. A copy of the audit report shall be submitted to the
Missouri Department of Transportation (hereinafter, "MoDOT ") within the earlier of thirty
(30) days after receipt of the auditor's report or nine (9) months after the end of the audit
period. Subject to the requirements of OMB Circular A -133, if the Sponsor expends
less than five hundred thousand dollars ($500,000) in a year, the Sponsor may be
exempt from auditing requirements for that year, but records must be available for
review or audit by applicable state and federal authorities.
(B) When the Sponsor's normal annual audit is completed, the Sponsor
shall provide to the Commission a copy of an audit report that includes the disposition of
all federal funds involved in this project.
(C) In the event a final audit has not been performed prior to the closing
of the grant, the Commission retains the right to recover any appropriate amount of
funding after fully considering interest accrued or recommendations on disallowed costs
identified during the final audit.
(D) The Commission reserves the right to conduct its own audit of the
Sponsor's records to confirm compliance with grant requirements and to ensure that all
costs and fees are appropriate and acceptable.
(13) APPENDIX: An appendix to this Agreement is attached. The appendix
consists of standards, forms and guidelines that the Sponsor shall use to accomplish
the requirements of this Agreement. The appendix items are hereby provided to the
Sponsor and incorporated into and made part of this Agreement.
(14) ASSURANCES /COMPLIANCE: The Sponsor shall adhere to the FAA
standard airport Sponsor assurances, current FAA advisory circulars (hereinafter,
"ACs ") for AIP projects and /or the Commission's specifications, including but not limited
to those as outlined in attached Exhibit 1. These assurances, ACs and the
Commission's specifications are hereby incorporated into and made part of this
Agreement. The Sponsor shall review the assurances, ACs, Commission's
specifications and FAA Order 5190.6B entitled "FAA Airport Compliance Manual" dated
September 30, 2009, included in the grant appendix, and notify the Commission of any
areas of non - compliance within its existing facility and /or operations. All non-
compliance situations must be addressed and a plan to remedy areas of non-
compliance must be established before final acceptance of this project and before final
payment is made to the Sponsor.
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(15) LEASES /AGREEMENTS: The Sponsor shall incorporate the FAA
Standard Airport Lease /Agreement provisions into all leases /agreements for use of
airport property other than the public use areas. In addition to these provisions, these
leases /agreements must provide for fair market value income and prohibit exclusive
rights.
(A) Long term commitments (longer than 5 years) must provide for
renegotiation of the leases' /agreements' terms and payments at least every five (5)
years.
(B) Leases /agreements shall not contain provisions that adversely
affect the Sponsor's possession and control of the airport or interfere with the Sponsor's
ability to comply with the obligations and covenants set forth in this grant Agreement.
(16) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Sponsor agrees as follows:
(A) Civil Rights Statutes: The Sponsor shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e, et
seq.), as well as any applicable titles of the Americans with Disabilities Act. In addition,
if the Sponsor is providing services or operating programs on behalf of the Department
or the Commission, it shall comply with all applicable provisions of Title II of the
Americans with Disabilities Act.
(B) Administrative Rules: The Sponsor shall comply with the
administrative rules of the USDOT relative to nondiscrimination in federally- assisted
programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by
reference and made part of this Agreement.
(C) Nondiscrimination: The Sponsor shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Sponsor shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5,
including employment practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Sponsor. These apply to all solicitations either by
competitive bidding or negotiation made by the Sponsor for work to be performed under
a subcontract, including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the Sponsor of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) , Information and Reports: The Sponsor shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
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information and its facilities as may be determined by the Commission or the USDOT to
be necessary to ascertain compliance with other contracts, orders and instructions.
Where any information required of the Sponsor is in the exclusive possession of another
who fails or refuses to furnish this information, the Sponsor shall so certify to the
Commission or the USDOT as appropriate and shall set forth what efforts it has made to
obtain the information.
(F) Sanctions for Noncompliance: In the event the Sponsor fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the USDOT may determine to be appropriate,
including but not limited to:
1. Withholding of payments under this Agreement until the
Sponsor complies; and /or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Sponsor shall include the
provisions of Paragraph (16) of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
USDOT. The Sponsor will take such action with respect to any subcontract or
procurement as the Commission or the USDOT may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided that in the event the
Sponsor becomes involved or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the Sponsor may request the United States to
enter into such litigation to protect the interests of the United States.
(17) CANCELLATION: The Commission may cancel this Agreement at any
time the Sponsor breaches the contractual obligations by providing the Sponsor with
written notice of cancellation. Should the Commission exercise its right to cancel the
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the Sponsor.
(A) Upon written notice to the Sponsor, the Commission reserves the
right to suspend or terminate all or part of the grant when the Sponsor is, or has been,
in violation of the terms of this Agreement. Any lack of progress that significantly
endangers substantial performance of the project within the specified time shall be
deemed a violation of the terms of this Agreement. The determination of lack of
progress shall be solely within the discretion of the Commission. Once such
determination is made, the Commission shall so notify the Sponsor in writing.
Termination of any part of the grant will not invalidate obligations properly incurred by
the Sponsor prior to the date of termination.
(B) The Commission shall have the right to suspend funding of the
project at any time and for so long as the Sponsor fails to substantially comply with all
the material terms and conditions of this Agreement. If the Commission determines that
substantial noncompliance cannot be cured within thirty (30) days, then the Commission
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may terminate the funding for the project. If the Sponsor fails to perform its obligations
in substantial accordance with the Agreement (except if the project has been terminated
for the convenience of the parties) and the FAA requires the Commission to repay grant
funds that have already been expended by the Sponsor, then the Sponsor shall repay
the Commission such federal funds.
(18) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(19) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission shall remain the property of the Sponsor.
However, Sponsor shall provide to the Commission a copy of magnetic discs that
contain computer aided design and drafting (CADD) drawings and other documents
generated under this grant. Information supplied by the Commission shall remain the
property of the Commission. The Sponsor shall also supply to the Commission hard
copies of any working documents such as reports, plans, specifications, etc., as
requested by the Commission.
(21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor
shall notify the Commission immediately of any request for such information.
(22) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(23) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(24) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Sponsor shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Sponsor's
wrongful or negligent performance of its obligations under this Agreement.
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(B) The Sponsor will require any contractor procured by the Sponsor to
work under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right -of -way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right -of -way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts sufficient to
cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant
and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless
from any and all claims for liens of labor, services or materials furnished to the Sponsor
in connection with the performance of its obligations under this Agreement. Certification
statements from construction contractors must be provided to ensure all workers,
material suppliers, etc., have been paid.
(26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any changes in conditions or law which may significantly affect its ability
to perform the project in accordance with the provisions of this Agreement. Any notice
or other communication required or permitted to be given hereunder shall be in writing
and shall be deemed given three (3) days after delivery by United States mail, regular
mail postage prepaid, or upon receipt by personal, facsimile or electronic mail (email)
delivery, addressed as follows:
Commission: Amy Ludwig
Administrator of Aviation
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102
(573) 526 -7912
(573) 526 -4709 FAX
Email: Amy.Ludwig @modot.mo.gov
Sponsor:
Mr. Britt Smith
Operations Division Director
City of Jefferson
320 E McCarty Street
Jefferson City, MO 65101
(573) 634 -6450
(573) 634 -6457 FAX
Email: bsmith @jeffcitymo.org
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile or email delivery shall be followed by delivery of the original
document, or a clear and legible copy thereof, within three (3) business days of the date
of the facsimile or email transmission of the document.
(27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective
for the useful life of any facilities /equipment installed with grant funds as stipulated in
attached Exhibit 1, but in any event not to exceed twenty (20) years. There shall be no
limit on the duration of the assurance, referenced in paragraph B of said Exhibit 1
against exclusive rights or terms, conditions and assurances, referenced in paragraph
B -1 of said Exhibit 1, with respect to real property acquired with federal funds.
Paragraph (27) equally applies to a private sponsor. However, in the case of a private
sponsor, the useful life for improvements shall not be less than ten (10) years.
(A) The financial assistance provided hereunder constitutes a grant to
the Sponsor. Neither the Commission nor the FAA will have title to the improvements
covered by this grant, as title to same shall vest in the Sponsor.
(B) For the period as specified in this Paragraph, the Sponsor becomes
obligated, upon any sale or disposition of the airport or discontinuation of operation of
the airport to immediately repay, in full, the grant proceeds or proportionate amount
thereof based upon the number of years remaining in the original obligation to the
Commission. The Commission and the Sponsor hereby agree that during said period,
the property and improvements which constitute the subject airport are subject to sale, if
necessary, for the recovery of the federal pro rata share of improvement costs should
this Agreement be terminated by a breach of contract on the part of the Sponsor or
should the aforementioned obligations not be met.
(C) In this Section, the term "any sale or disposition of the airport" shall
mean any sale or disposition of the airport: (i) for a use inconsistent with the purpose for
which the Commission's share was originally granted pursuant to this Agreement; or (ii)
for a use consistent with such purposes wherein the transferee in the sale or disposition
does not enter into an assignment and assumption Agreement with the Sponsor with
respect to the Sponsor's obligation under the instrument so that the transferee becomes
obligated there under as if the transferee had been the original owner thereof.
(28) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Sponsor and the Commission.
(29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS:
Contracts for professional services are to be procured by competitive proposals per
federal procurement requirements (Title 49 CFR, Section 18.36). Requests for
proposals /qualifications are to be publicly announced for services expected to cost more
than one hundred thousand dollars ($100,000) in the aggregate. Small purchase
procedures (telephone solicitations or direct mail) may be used for services costing one
hundred thousand dollars ($100,000) or Tess. All professional services contracts are
subject to review and acceptance by the Commission prior to execution by the Sponsor
to ensure funding eligibility.
(30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Sponsor responsible for damages.
(32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(33) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The Sponsor shall comply with all reporting requirements of the Federal
Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This
Agreement is subject to the award terms within 2 CFR Part 170.
(34) SPECIAL CONDITIONS: The following special conditions are hereby
made part of this Agreement:
(A) Lobbying and Influencing Federal Employees: All contracts
awarded by the Sponsor shall include the requirement for the recipient to execute the
form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS" included in the grant appendix.
This requirement affects grants or portions of a grant exceeding one
hundred thousand dollars ($100,000).
(B) Buy America Requirements: Unless otherwise approved by the
Commission and the FAA, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any iron, steel or manufactured products produced outside of
the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The Sponsor will include in
every contract a provision implementing this special condition.
(C) Safety Inspection: The Sponsor shall eliminate all deficiencies
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identified in its most recent annual safety inspection report (FAA Airport Master Record
Form 5010 -1). If immediate elimination is not feasible, as determined by the
Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies
and shall include this plan with phased development as outlined in a current and
approved airport layout plan.
(D) Navigational Aids: Except for instrument landing systems acquired
with the AIP (block grant) funds and later donated to and accepted by the FAA, the
Sponsor must provide for the continuous operation and maintenance of any navigational
aid funded under the AIP (block grant) program during the useful life of the equipment.
The Sponsor must check the facility, including instrument landing systems, prior to
commissioning to ensure it meets operational standards. The Sponsor must also
remove, relocate, or lower each obstruction on the approach or provide for the adequate
lighting or marking of the obstruction if any aeronautical study conducted under Federal
Aviation Regulation Part 77 determines that to be acceptable; and mark and light the
runway, as appropriate. The FAA will not take over the ownership, operation, or
maintenance of any Sponsor- acquired equipment, except for instrument landing
systems.
(E) Environmental Due Diligence Audit: The Sponsor shall conduct an
Environmental Due Diligence Audit (EDDA) of all NAVAID (electronic navigational
equipment) sites that will be established or relocated with federal (block grant) funds.
This audit shall include existing equipment currently owned and operated by the FAA
Airways Facilities Branch and new equipment for which the Sponsor will be requesting
FAA maintenance.
(F) Notice to Bidders - Required Language: The Sponsor shall include
the following special provision when advertising for bids: "Notice to all potential bidders
on federally funded airport construction projects: As mandated by Executive Order
12818, issued by President George Bush on October 23, 1992, a Job Special Provision
will be inserted into and made a part of every contract for federally funded airport
construction projects, awarded from this or future notices of lettings."
(G) Airport Job Special Provision - Required Language: The Sponsor
shall include the following special provisions in contracts for federally funded airport
construction projects. "By entering into this contract, the Contractor agrees to comply
with all applicable terms of Executive Order 12818, issued by President George Bush
on October 23, 1992, prohibiting certain contractual requirements, and prohibiting
discrimination against certain persons or entities on the basis of whether or not labor
organization Agreements or affiliations exist. The Contractor further agrees to include
within its contracts and subcontracts governing this work, a provision that requires those
contractors or subcontractors to comply with Executive Order 12818 (except as may be
exempted by the terms of the executive order itself).
The contractor understands, and agrees to inform its own contractors and
subcontractors, that failure to comply with Executive Order 12818 will subject them to
disciplinary action as appropriate, including, but not limited to, debarment, suspension,
termination of the contract for default, or the withholding of payments. The Contractor
also understands that the Sponsor has not adopted any policies or contractual
-13-
provisions which violate Executive Order 12818."
(H) Grant Made on Preliminary Plans and Specifications and /or
Estimates: This grant is made and accepted upon the basis of preliminary plans,
specifications and /or estimates. Within 90 calendar days from the date of acceptance of
this grant, the Sponsor shall furnish final plans and specifications to the Commission.
Construction work shall not commence, and a contract shall not be awarded for the
accomplishment of such work, until the final plans and specifications have been
accepted by the Commission. Any reference made in this grant to plans and
specifications shall be considered a reference to the final plans and specifications as
accepted.
Since this grant is made on preliminary plans and specifications and /or
estimates, the grant amount is subject to revision (increase or decrease) after actual
project costs are determined through negotiations, appraisals and /or bids. The Sponsor
agrees that said revision will be at the sole discretion of the Commission.
(1) Sponsor's Disadvantaged Business Enterprise (DBE) Program:
When the grant amount exceeds two hundred fifty thousand dollars ($250,000), the
Sponsor hereby adopts the Commission's Disadvantaged Business Enterprise
(hereinafter, "DBE ") program that is incorporated into this grant agreement by reference.
Only DBE firms certified by the Commission will qualify when considering DBE goal
accomplishments.
in 49 CFR
performance
agreement.
agreement.
ensure that
subcontract:
(J) Disadvantaged Business Enterprise Required Statements:
(1) Policy: It is the policy of the USDOT that DBEs, as defined
Part 26, shall have the maximum opportunity to participate in the
of contracts financed in whole or in part with Federal funds under this
Consequently, the DBE requirements of 49 CFR Part 26 apply to this
(2) Contract Assurance: The Commission and the Sponsor will
the following clause is placed in every USDOT- assisted contract and
"The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out the applicable requirements of Title 49 Code of
Federal Regulations, Part 26 in the award and administration of any
United States Department of Transportation- assisted contracts. Failure by
the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate."
(This assurance shall be included in each subcontract the prime contractor
signs with a subcontractor.)
(3) Federal Financial Assistance Agreement Assurance: The
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Commission and the Sponsor agree to and incorporate the following assurance into
their day -to -day operations and into the administration of all USDOT- assisted contracts;
where "recipient" means MoDOT and /or any MoDOT grantee receiving USDOT
assistance:
"MoDOT and the Sponsor shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of any United
States Department of Transportation- assisted contract or in the
administration of the United States Department of Transportation's DBE
Program or the requirements of Title 49 Code of Federal Regulations, Part
26. The recipient shall take all necessary and reasonable steps under
Title 49 Code of Federal Regulations, Part 26 to ensure nondiscrimination
in the award and administration of United States Department of
Transportation- assisted contracts. The recipient's DBE Program, as
required by Title 49 Code of Federal Regulations, Part 26 and as
approved by the United States Department of Transportation, is
incorporated by reference into this agreement. Implementation of this
program is a legal obligation and for failure to carry out its approved
program, the United States Department of Transportation may impose
sanctions as provided for under Part 26 and may, in appropriate cases,
refer the matter for enforcement under Title 18 United States Code,
Section 1001 and /or the Program Fraud Civil Remedies Act of 1986 (Title
31 United States Code, Section 3801 et seq.)."
The Commission and the Sponsor shall ensure that all recipients of
USDOT- assisted contracts, funds, or grants incorporate, agree to and comply with the
assurance statement.
(4) Prompt Payment: The Commission and the Sponsor shall
require all contractors to pay all subcontractors and suppliers for satisfactory
performance of services in compliance with section 34.057 RSMo, Missouri's prompt
payment statute. Pursuant to section 34.057 RSMo, the Commission and the Sponsor
also require the prompt return of all retainage held on all subcontractors after the
subcontractors' work is satisfactorily completed, as determined by the Sponsor and the
Commission.
All contractors and subcontractors must retain records of all payments
made or received for three (3) years from the date of final payment, and these records
must be available for inspection upon request by any authorized representative of the
Commission, the Sponsor or the USDOT. The Commission and the Sponsor will
maintain records of actual payments to DBE firms for work committed to at the time of
the contract award.
The Commission and the Sponsor will perform audits of contract
payments to DBE firms. The audits will review payments to subcontractors to ensure
that the actual amount paid to DBE subcontractors equals or exceeds the dollar
amounts stated in the schedule of DBE participation and that payment was made in
compliance with section 34.057 RSMo.
-15-
(5) MoDOT DBE Program Regulations: The Sponsor,
contractor and each subcontractor are bound by MoDOT's DBE Program regulations,
located at Title 7 Code of State Regulations, Division 10, Chapter 8.
(K) DISADVANTAGED BUSINESS ENTERPRISES - PROFESSIONAL
SERVICES: DBEs that provide professional services, such as architectural,
engineering, surveying, real estate appraisals, accounting, legal, etc., will be afforded
full and affirmative opportunity to submit qualification statements /proposals and will not
be discriminated against on the grounds of race, color, sex or national origin in
consideration for selection for this project. The DBE goals for professional services will
be determined by the Commission at the time each proposed service contract is
submitted for the Commission's approval.
(35) AIRPORT LAYOUT PLAN: All improvements must be consistent with a
current and approved Airport Layout Plan (hereinafter, "ALP "). The Sponsor shall
update and keep the ALP drawings and corresponding narrative report current with
regard to the FAA Standards and physical or operational changes at the airport.
(A) ALP approval shall be governed by FAA Order 5100.38B, entitled
"Airport Improvement Program Handbook."
(36) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a
part of the ALP, a drawing which indicates how various tracts /parcels of land within the
airport's boundaries were acquired (i.e., federal funds, surplus property, local funds
only, etc.). Easement interests in areas outside the fee property line shall also be
included. A screened reproducible of the Airport Layout Drawing may be used as the
base for the property map.
(37) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate
the potential environmental impact of this project per FAA Order 5050.4B, entitled
"National Environmental Policy Act Implementing Instructions for Airport Actions."
Evaluation must include coordination with all resource agencies that have jurisdiction
over areas of potential environmental impact and a recommended. finding such as
categorical exclusion, no significant impact, level of impact and proposed mitigation, etc.
(38) EXHIBIT "A" PROPERTY MAP: The Sponsor shall develop (or update)
an Exhibit "A" Property Map, which clearly shows by appropriate legal description all
airport land owned by the Sponsor, including land and interests in land in the runway
approach areas, plus any areas or tracts /parcels of land proposed to be acquired in
connection with this project. In addition, the map must indicate by appropriate symbols
or other markings the property interest (fee title, avigation easement, etc.) the Sponsor
holds in each tract/parcel of airport land and the property interest to be acquired in each
tract/parcel of land in connection with this project.
(39) RUNWAY PROTECTION ZONE: The Sponsor agrees to prevent the
erection or creation of any obstruction, residence, structure or place of public assembly
in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the
approved ALP, except for NAVAIDS that are fixed by their functional purposes or any
other structure approved by the Commission and the FAA. Any existing obstructions,
-16-
structures, facilities or uses, including use of equipment that could interfere with
electronic guidance or communication systems for aircraft, within the Runway Protection
Zone shall be cleared or discontinued unless approved by the Commission and the
FAA. The Sponsor shall also take any and all steps necessary by fee ownership or
avigation easement to ensure that the land within the designated Runway Protection
Zone will not include anything that violates FAA standards, is an airport hazard or which
might create glare or misleading lights or lead to the construction of residences, fuel
handling and storage facilities, smoke generating activities, or places of public
assembly, such as churches, schools, office buildings, shopping centers, and stadiums,
golf courses or any other uses restricted by FAA standards.
(40) ENGINEER'S DESIGN REPORT: Prior to development of the plans and
specifications, the Sponsor shall provide an engineer's report setting forth the general
analysis and explanation of reasons for design choices. Said report shall include an
itemized cost estimate, design computations, reasons for selections and modifications,
comparison of alternatives, life cycle cost analysis, geotechnical report and any other
elements that support the engineer's final plans and specifications.
(41) GEOMETRIC DESIGN CRITERIA: The Sponsor shall use the geometric
design criteria promulgated by the FAA in the AC series and in FAA Orders. The
Sponsor may request and receive approval for adaptation of said criteria where the FAA
and the Commission concur that such adaptation is appropriate considering safety,
economy and efficiency of operation.
(42) PLANS, SPECIFICATIONS AND ESTIMATES: The plans and
construction specifications for this project shall be those promulgated by the FAA in the
AC series and in FAA Orders.
(A) The plans shall include a safety plan sheet to identify work areas,
haul routes, staging areas, restricted areas, construction phasing, shutdown schedule
etc., and to specify the requirements to ensure safety during construction.
(B) The Sponsor shall submit all plans, specifications and estimates to
the Commission for review and acceptance prior to advertising for bids for construction.
(43) CONSTRUCTION OBSERVATION /INSPECTION REQUIREMENTS: In
conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a
construction observation /inspection program setting forth a format for accomplishment
of resident observation, construction inspection and overall quality assurance.
(44) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The
Sponsor shall provide and maintain adequate, competent and qualified engineering
supervision and construction inspection at the project site during all stages of the work
to ensure that the completed work conforms with the project plans and specifications.
Project oversight by the Commission's project manager or other personnel does not
relieve the Sponsor of this responsibility.
(A) The Sponsor shall require the resident project representative to
keep daily construction records and shall submit to the Commission a weekly
-17-
construction progress and inspection report on the FAA Form 5370 -1 ( "Construction
Project and Inspection Report "), completed by the resident project representative. A
weekly summary of tests completed shall be included.
(B) Prior to final acceptance, the Sponsor shall provide to the
Commission a testing summary report bearing the engineer's seal and including a
certification from the engineer that the completed project is in compliance with the plans
and specifications.
(45) WAGE LAWS: The Sponsor and its contractors and subcontractors shall
pay the prevailing hourly rate of wages for each craft or type of worker required to
execute this project work as determined by the Department of Labor and Industrial
Relations of Missouri, and they shall further comply in every respect with the minimum
wage laws of Missouri and the United States. Federal wage rates under the Davis -
Bacon or other federal acts apply to and govern this Agreement also for such work
which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement
is subject to the "Contract Work Hours and Safety Standards Act ", as amended (40
U.S.C. Sections 327, et seq.), and its implementing regulations. The Sponsor shall take
the acts which may be required to fully inform itself of the terms of, and to comply with,
state and federal laws.
(46) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to
be accomplished by contract is to be competitively bid in accordance with federal
procurement requirements, located at 49 CFR Part 18. Bid notices should be published
in a qualified (local or area) newspaper or other advertisement publication located in the
same county as the airport project as a minimum.
(47) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall
review all contractors' bids and approve the selection of the apparent successful bidder
prior to the Sponsor awarding the construction contract.
(48) NOTICE TO PROCEED: After the Commission receives copies of the
executed construction contract between the Sponsor and the contractor, the
performance and payment bonds and any other documentation as required by this
Agreement, the Commission will authorize the Sponsor to issue a notice to proceed with
construction.
(A) Notice to proceed shall not be issued until the Sponsor has
provided satisfactory evidence of acceptable title to the land on which construction is to
be performed. Ownership status of existing airport property as well as any land or
easements acquired under this project must be included in a Certificate of Title tied to a
current Exhibit "A" property map.
(B) The Sponsor shall issue a notice to the contractor within ten (10)
days of authorization by the Commission, unless otherwise approved by the
Commission.
(C) Any construction work performed prior to the Sponsor's issuance of
a Notice to Proceed shall not be eligible for funding participation.
-18-
(49) DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION: The
Sponsor shall notify prospective bidders that DBEs will be afforded full and affirmative
opportunity to submit bids in response to the invitation and will not be discriminated
against on grounds of race, color, sex or national origin in consideration for an award.
(A) The goal for this project to be awarded to DBE firms shall be
established by the Commission based on the engineer's construction cost estimate
included in the design report. The goal will be a percentage of the federal portion of the
contract costs less the amount expended for land, easements, the Sponsor's in -house
administration, force account work and any noncontractual costs. Failure to meet the
DBE goal can render a bid proposal nonresponsible at the Commission's discretion.
(B) The Sponsor shall conduct field reviews and interviews with
workers to ensure that the portion of the work identified in the construction contract to
be performed by DBE firms is so performed. Results of these interviews shall be
submitted to the Commission with the weekly construction progress reports.
(50) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic
random interviews with the workers to assure that they are receiving the established
prevailing wages. Results of these interviews shall be submitted to the Commission
with the weekly construction progress reports.
(51) AIR AND WATER QUALITY STANDARDS: Approval of the project is
conditioned on the Sponsor's compliance with the applicable air and water quality
standards in accomplishing project construction and in operating the airport. Failure to
comply with this requirement may result in suspension, cancellation or termination of
federal assistance under this Agreement.
(52) FILING NOTICE OF LANDING AREA PROPOSAL: When a project
involving changes to the runway will be implemented at an airport, the Sponsor must
submit FAA Form 7480 -1 ( "Notice of Landing Area Proposal ") to the FAA not less than
one hundred twenty (120) days prior to commencement of any construction or
alteration. A copy of the form as filed with the FAA and the FAA airspace determination
letter must be provided to the Commission. This form must be submitted for any
projects that involve the widening, lengthening or reconstruction of an existing runway
or construction of a new runway. When the funded project is strictly a master plan /site
selection, this form will be submitted for the final three proposed sites prior to
development of the ALP.
(53) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:
When a development project that does not involve changes to the runway will be
implemented at an airport, the Sponsor must submit FAA Form 7460 -1 ( "Notice of
Proposed Construction of Alteration ") to the FAA not less than one hundred twenty
(120) days prior to commencement of any construction or alteration. A copy of the form
as filed with the FAA and the FAA airspace determination letter must be provided to the
Commission. This form must be submitted for construction of any permanent structures
on the airport, temporary structures over 20 feet in height or use of construction
equipment over 20 feet tall. It is not necessary for routine construction projects, unless
-19-
they include above ground installations.
(54) CHANGE ORDERS /SUPPLEMENTAL AGREEMENTS: All change
orders /supplemental agreements must be submitted to the Commission for approval
prior to implementation to ensure funding eligibility. Requests for additional work for
items not included in the original bid must be accompanied by a cost analysis to
substantiate the proposed costs.
(55) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the
project, the Sponsor shall be responsible for the installation of any signs, markers or
other devices required for the safety of the public. All markers or devices required shall
conform with all applicable FAA regulations or specifications.
(A) The Sponsor shall ensure that a safety plan is included in the
contract documents and that the Contractor complies with the safety plan during
construction.
(B) It is also the responsibility of the Sponsor to issue, through the
applicable FAA Flight Service Station, any and all Notices to Airmen that may be
required. Copies of notices shall also be sent to the Commission as soon as they are
filed with the FAA.
(56) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line
or black line as -built construction plans and two (2) sets of the updated ALP with a
narrative report to the Commission upon project completion. The Commission will
forward one (1) set of the updated ALP to the FAA central region office.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below.
Executed by the Sponsor this 1 day of ��. _� , 20
Executed by the Commission this,--2u day of int,1 � 20 Z .
MISSOURI HIGHWAYS AND
TRAN .PO TATION CI MISSION
VW
Title Assistant Chief Engineer
Attest:
"Secretary to the Commission
CITY OF JEFFERSON
By
Title \'(-\O�yF�i�
Attet:
By ( . /A.,) (//.4,,ta
Title C le 7 >�
Ordinance No. i 5- 15
(if applicable)
APPROVIDASTO FORM:
•
City Counselor
CERTIFICATE OF SPONSOR'S ATTORNEY
I , Tip6-eu0 1). 144 i e + , 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 Missouri. Further, I have examined the
foregoing grant Agreement, and the actions taken by said Sponsor and Sponsor's
official representative have been duly authorized and the execution thereof is in all
respects due and proper and in accordance with the laws of the said state and the
Airport and Airway Improvement Act of 1982, as amended. 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 constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
CITY OF JEFFERSON
Real {► LAP
Name of Sponsor's Attorney (typed)
Signature of Sponsor's Attorney
Date
APPENDIX
STATE BLOCK GRANT AGREEMENT
Purpose
The purpose of this appendix is to provide the sponsors with sufficient information to
carry out the terms of the state block grant agreement and implement their project.
The key items are listed below and are available on the MoDOT website
(http: / /www.modot.mo.gov/), the FAA website (http : / /www.faa.gov /index.cfm), the State
Block Grant Program Guidance Handbook or other website as indicated.
EXHIBIT 1
i
Aviation - Grant Programs, Documentation, Guidance
State Block Grant Program (Federal Funds)
• MoDOT Guidance Handbook
o About the Handbook (26 kb, l page)
o Index (57 kb, 3 pages)
o Section 1 - Grant Application and Project Selection (35 kb, 5 pages)
o Section 2 - Project Environmental Requirements (27 kb, 3 pages)
o Section 3 - Airport Planning Projects (29 kb, 4 pages)
o Section 4 - Land Acquisition (14 kb, 3 pages)
o Section 5 - Procurement of Engineering Services (35 kb, 4 pages)
o Section 6 - Project Development (77 kb, 11 pages)
o Federal-Required Documentation Checklist (Advertising) (38 kb, l page)
o Federal - Required Documentation Checklist (Construction Projects) (38 kb, 1 page)
• FAA Airport Sponsor Guide
State Aviation Trust Fund Program (State Funds) '
• State Aviation Trust Fund Program Procedures (51 kb, S pages)
• State Required Documentation Checklist (44 kb, 1 page)
Sponsor CIP Submittal
• Sponsor's Guide on Submitting CIP (980 kb, 11 pages)
• MoDOT AirportIQ System Manager (ASM) Website
Financial Forms
• Grant Funding Application (424 kb, 22 pages)
• Air Service Development Application
• State Transportation Assistance Revolving (STAR) Loan Application
• Outlay Report and Request for Reimbursement (Federal 95 %) (Form 271) (106 kb, 1 page)
• Request for Payment (State 90%) (100 kb, 1 page)
Consultant Procurement
Federally Funded Projects
• Qualifications Based Selection (QBS) Public Owner's Workbook (219 kb, 26 pages)
• Architectural„ Engineering, and Planning Consultant Services For Airport Grant Projects, FAA Advisory
Circular AC 150/5100 -14
• Sample Advertisement Consultant Selection (32 kb, 2 pages)
• Aviation Project Consultant Agreement (256 kb, 43 pages)
- Exhibit IV- Derivation of Consultant Project Costs (53kb, 1 page)
- Exhibit V - Engineering Basic and Special Services -Cost Breakdown 67 kb, 1 page)
• Aviation Project Consultant Supplemental Agreement No. 1 (P1 kb, 5 pages)
- Exhibit P/- Derivation of Consultant Project Costs (Construction) (56 kb, 1 page)
- Exhibit V - Engineering Construction Services -Cost Breakdown (65 kb,1 page)
• Sample Letter of Recommendation of Approval for Project Consultant Agreement (22 kb, 1 page)
• Sponsor Certification for Selection of Consultants (form) (38 kb, 2 pages)
State Funded Projects
• Qualifications Based Selection (QBS) Public Owner's Workbook (219 kb, 26 pages)
• Missouri Revised Statutes Sections 8285 -8.291 (23 kb, 2 pages)
1
• Sample Advertisement Consultant Selection (32 kb, 2 pages)
• State Aviation Trust Fund Project Consultant Agreement (189 kb, 35 pages)
-Exhibit IV- Derivation of Consultant Project Costs (53 kb, I page)
- Exhibit V - Engineering Basic and Special Services -Cost Breakdown (67 kb, I page)
• Sample Letter of Recommendation of Approval for Project Consultant Agreement (22 kb, 1 page)
• Certification of Compliance (form) (33 kb, 1 page)
Airports Resources
• Obstructions Evaluation Submission (electronic 7460 -1)
• Notice of Proposed Landing 7480 -1 (form)
• FAA Series 150 Advisory Circulars for Airports
• FAA Airport's GIS Website
• Aeronautical GIS Survey Scope of Work
• Request for new or amended Instrument Approach Procedures
• Airport Layout Plan (ALP) and Narrative Checklist (177 kb, 10 pages)
• VGSI Data Form and Request for Flight Inspection (SS kb, l page)
Land Acquisition
• Land Acquisition Guidance
• MoDOT Approved Appraiser List
• Sponsor Certification for Certificate of Title (form) (85 kb, 12 pages)
• Sponsor Certification of Environmental Site Assessment (form) (43 kb, 2 pages)
• Sponsor Certification for Real Property Acquisition (form) (48 kb, 3 pages)
• Exhibit A Property Map Guidance
Environmental
• Environmental Guidance
• Sample Letter for Environmental Clearance (21 kb, I page)
• Categorical Exclusion Checklist (355 kb, 8 pages)
Compliance
• Compliance Guidance
• Standard DOT Title VI Assurances (43 kb, 4 pages)
• Sponsor Certification for Drug -Free Workplace (42 kb, 2 pages)
• Sponsor Questionnaire- Airport Compliance Status (130 kb, 16 pages)
• FAA/MoDOT Lease Requirements, Recommendations, and Guidance (95 kb, S pages)
Utility Adjustments
• Utility Agreement (71 kb, 36 pages)
Engineering, Design, and Construction
• Sponsor Certifications For Federally Funded Projects
o Sponsor Certification for Projects Plans and Specifications (46 kb, 2 pages)
o Sponsor Certification for Equipment/Construction Contracts (46 kb, 3 pages)
o Sponsor Certification for Construction Project Final Acceptance (46 kb, 3 pages)
o Sponsor Certification for Equipment Final Acceptance (38 kb, 2 pages)
i
2
• Construction Project Items
Federal Projects
o Weekly DBE Compliance Review Report (38 kb, 2pagas)
Federal &State Projects
o Sample Letter of Recommendation to Award for Construction Contracts (22 kb, .1 page)
o Weekly Construction Progress and Inspection Report (35 kb, 1 page)
o Weekly Wage Rate Interview Report (32 kb, l page)
o Change Order and Supplemental Agreement Instructions (68 kb, 3 pages)
o Change Order and Supplemental Agreement Form (Auto) (28 kb, 1 page)
• Project Closeout Items
Federal Projects
o Sample Certification Letter from Prime Contractor Regarding DBE's (24 kb,1 page)
Federal & State Projects
o Final Testing Report (Checklist) (70 kb, 3 pages)
o Electrical Systems Testing Report (36 kb, 1 page)
o Precision Approach Path Indicator (PAPI) Inspection Report (47 kb, l page)
o Contractor's Certification Regarding Settlement of Claims (37 kb, 12 pages)
• MoDOT Construction Specifications
Federal Projects
o Federal Preparation of Project Plans and Specifications (788 kb, 115 pages)
o Federal- Conattnetion Observation Program (293kb, 22 pages)
o Federal Preparation of Equipment Specifications (240 kb, 42 pages)
o MO-401F Plant Mix Bituminous Pavements (99 kb, 16 pages)
State Projects
o State - Preparation of Project Plans and Specifications (585 kb, 84 pages)
o State - Construction Observation Program (266 kb, 18 pages)
o MO -401S Plant Mix Bituminous Pavements (87 kb, 14 pages)
Federal & State Projects
o Construction Observation Program (Non - Paving) (91 kb, 10 pages)
o Construction Observation Program - Required Tests and Certifications (75 kb, 17pages)
o Construction Plans Checklist (135 kb, S pages)
o Safety Plan Checklist (37 kb, l page)
o MO-100 Mobilization (28 kb, 1 page)
o MO-152 Excavation and Embankment (71 lab, 11 pages)
o MO-155 Fly Ash Treated Subgrade (45 kb, 5 pages)
o MO -156 Erosion and Sediment Control (SO kb, 6 pages)
o MO -161 Woven Wire Fence with Steel Posts (37kb, 3 pages)
o MO -162 Chain -Link Fences (39 kb, 3 pages)
o MO -209 Crushed Aggregate Base Course (35 kb, 4 pages)
o MO -500 Joint and Crack Resealing- Concrete Pavement (36 kb, 3 pages)
o MO -501 Portland Cement Concrete Pavements (157 kb, 29 pages)
o MO -601 Surface Preparation (38 kb, 4 pages)
o MO -602 Bituminous Prime Coat (29 kb, 2 pages)
o MO -603 Bituminous Tack Coat (29 kb, 2 pages)
o MO -610 Structural Portland Cement Concrete (45 kb, 5 pages)
o MO -620 Runway and Taxiway Painting (43 kb, 4 pages)
o MO-622 Crack and Joint Sealing - Bituminous Pavement (31 kb, 3 pages)
o MO -623 Pavement Friction Sealcoat Surface Treatment (48 kb, S pages)
o MO -701 Pipe for Storm Drains and Culverts (38 kb, 4 pages)
o MO -406 Prefabricated Undcrdrains (54 kb, S pages)
3
o MO-901 Seeding (71 kb, 7 pages)
o MO -905 Topsoiling (25 kb, 2 pages)
o MO -908 Mulching (27 kb, 2 pages)
• MoDOT Electrical Specifications (Federal & State Projects)
o MO -101 Airport Rotating Beacons (39 kb, S pages)
o MO -103 Airport Beacon Towers (36 kb, 4 pages)
o MO -107 Airport 8 -Foot and 12 -Foot Wind Cones (36 kb, 4 pages)
o MO-108 Underground Power Cable for Airports (402 kb, 12 pages)
o MO-109 Airport Prefabricated Housing and Equipment (373 kb, 7pages)
o MO-110 Airport Underground Electrical Duct Banks and Conduits 06 kb, 8 pages)
,o MO-120 Airport Precision Approach Path Indicator (PAPI) System (41 kb, 5 pages)
o MO-125 Airport Lighting Systems and Guidance Signs (51 kb, S pages)
Airports Central Region — AIP Guide Index
This guide has been prepared to assist Central Region airport sponsors and their consultants in obtaining
and administering an Airport Improvement Program (ALP) grant. This guidance is intended to provide a
convenient resource for identifying the requirements associated with the Al? and as established within
relevant Federal regulations and statutes. Users are advised that this guidance is not intended to establish
nor create requirements for participation in the AIP. Requirements for AIP participation are established
within United States Code, Public Law, Federal Regulations and official FAA policy. Web site address
http : / /www.faa.gov/ airports /central /aip /spoasor_guide/
100 - Airport Improvement Program (AIP)
110 - Checklist for Typical AIP Development Project
120 - Sponsor Eligibility
130 - Project Eligibility
140 - AIP Obligations
150 - FAA Standards
160 - Non - Primary Entitlement Funds
200 - Civil Rights
210 - DBE Overview
220 - DBE Program Submittal
230 - DBE Goals
231— Program Goals (3 Year)
232 — Contract DBE Goals
240 - Good Faith Efforts
250 — DBE Contract Provisions
260 — DBE Reporting Requirements
260 — Identifying DBE Fraud
300 - Procurement of Professional Services
310 - Roles and Responsibilities
320 - Selection Guide
330 - Contract Establishment
340 — Acquiring a Surveyor for AGIS
400 - Procurement
410 - Small Purchase Procedures
420 - Protest Procedures
430 -- Buy America Requirements
500 - Airport Planning
510 - National Plan of Integrated Airport Systems
(NPIAS)
520 - Airport Layout Plans
530 - Environmental Review
531 - Categorical Exclusions
540 - Airport Site Investigations
541 - Evaluation Factors for Airport Site
Investigations
550 - Runway Protection Zones
560 - Airport Property Interests
561 - Avigation Easements
562 - Zoning Around Airports
563 — Release of Airport Property
570 - Apron Design
580 - Planning Resources
600 - Project Formulation
610 - Requesting Aid: ACID
620 - Benefit/Cost Analysis
630 — FAA Reimbursable Agreements
700 - Grant Implementation
710 - Project Application
720 - Sponsor Assurances
730 - Drug Free Workplace Requirements
740 - Title VI Assurance
750 - Executing the Grant Offer
800 - Sponsor Certification
900 - Project Design Development Projects
910 - Predesign Conference
920 - Engineer's Report
930 - Plans and Specifications
931 - Project Drawings
932 - Project Manual
933 — Contract Time
940 - Regional Approved Modifications to
AC 150/5370 -10
950 - Sponsor Modifications of FAA Standards
951 Use of State Standards
960 — Operational Safety on Airport During
Construction
1000 - Construction Phase
1010 - Bidding
1020 - Contract Award
1030 - Construction Management Program
1040 - Preconstruction Conference
1041— Aeronautical Review of Equipment
Heights
1050 - Notice -to- Proceed
1060 - Labor Provisions
1070 - Inspections
1071— Review of Construction Project
Submittal
1072 — Construction Records
1073 — Monitoring Labor and Civil Rights
Requirements
1074 — Final Acceptance
1080 - Contract Modifications
1081- Change Order
1082 - Supplementary Agreements
1083 — Liquidated Damages
1100 - Runway Commissioning
1110 — Instrument Approach Procedure (IAP) Data
1120 — Visual Runways
1130 — Airport Master Record (5010) Updates
1140 — Commissioning of Non Federal VLSI
1150 — Updating Airport Diagrams
1200 - Equipment Project
1210 - Federal Provisions
1220 - Sample Bid Documents
1300 - Airport Land Acquisition
1310 - Environmental Site Assessment
Updated: May 22, 2012
1311- Frequently Asked Questions
1320 - Satisfactory Evidence of Good Title
1321 - Title Opinion
1322 - Exhibit A Property Map
1400 - Sponsor Force Accounts
1410 - Engineering Force Account
1420 - Construction Force Account
1500 - Grant Payments
1510 - Drawdown Submittal Information
1520 - Payment History
1530 - Frequently Ask Questions
1540 — Improper Payments
1600 - Grant Closeout
1610 - Development Project Closeout
1620 - Equipment Project Closeout
1630 - Grant Amendment
1640 - Planning Grant Closeout
1700 - Post Grant Obligations
1710 - Record Keeping
.1720 - Audit Requirements
1730 - Financial Reports
1740 - Compliance
1750 - Pavement Maintenance
1760 - Release of Airport Property
For further information, please contact:
FAA ACE -60901 Locust
Kansas City, Mo 64106 -2325
(816) 329 -2600
FAA
Airports
Grant Assurances
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants
for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C,, subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public -use airport; the term "private sponsor" means a
private owner of a public -use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The terms, conditions and assurances of this grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer
of Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specified
in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The preceding paragraph 1 also applies to a private sponsor
except that the useful life of project items installed within a facility or the useful
life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
Airport Sponsor Assurances (4/2012)
ARP Page 1 of 17
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the
project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seq. 2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq.
f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C.
4700).1
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469
through 4690.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
s.
i. Clean Air Act, P.L. 90 -148, as amended.
j. Coastal Zone Management Act, P.L. 93 -205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.,
p. American Indian Religious Freedom Act, P.L. 95 -341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. t
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1
t. Copeland Anti kickback Act -18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.1
v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Airport Sponsor Assurances (412012) ARP Page 2 of 17
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction]
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates)
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.]
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non - construction contracts subject to the Contract
Work Hours and Safety Standards Act))
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights
Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.]
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance)
o. 49 CFR Part 29 — Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug -free
workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
Airport Sponsor Assurances (412012)
ARP Page 3 of 17
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
Office of Management and Budget Circulars
a. A -87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A -133 - Audits of States, Local Governments, and Non -Profit
Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A -87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in this grant
agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to finance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
official representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient
funds available to assure operation and maintenance of items funded under this
grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
Alrport Sponsor Assurances (4/2012) ARP Page 4 of 17
b. For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in this grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in this grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non - compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non - compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-
use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee of the
sponsor, the sponsor will reserve sufficient rights and authority to insure
Airport Sponsor Assurances (412012) ARP Page 5 of 17
g.
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a
property used as a residence, or zoned for residential use, to taxi an
aircraft between that property and any location on airport. Sponsors of
general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near
the airport must comply with the requirements of Sec. 136 of Public Law
112 -95 and the sponsor assurances.
6. Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings
to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a
major runway extension, or runway location it will provide for the Governor of
the state in which the project is located to certify in writing to the Secretary that
the project will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have
been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application
has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January 1, 1995, for the replacement or reconstruction of pavement at the airport,
Airport Sponsor Assurances 012012)
ARP Page 6of17
it assures or certifies that it has implemented an effective airport pavement
maintenance- management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defined in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to this grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which this grant was given or used, it shall file
a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40
U.S.C. 276a- 276a -5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Vietnam
Airport Sponsor Assurances (4/2012)
ARP Page 7 of 17
era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled
veterans, and small business concerns owned and controlled by disabled veterans
as defined in Section 47112 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
I.G. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
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
Airport Sponsor Assurances (4/2012)
ARP Page 8 of 17
this grant does not constitute or imply any assurance or commitment on
the part of the Secretary to approve any pending or future application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non - aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor
will have in effect arrangements for -
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
Airport Sponsor Assurances (4/2012)
ARP Page 9 of 17
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to
prevent any person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling) that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
Airport Sponsor Assurances (412012) ARP Page 10 of 17
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a
single fixed -based operator shall not be construed as an exclusive right if both of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed -based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act
or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
A[rport Sponsor Assurances (412012)
ARP Paget! of 17
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes
on or off the airport. The following exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing statutes
controlling the owner or operator's financing, provide for the use of
the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the
airport owner or operator's general debt obligations or other
facilities., then this limitation on the use of all revenues generated
by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20 -year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at Section 47102 of title 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law 112 -95.
b. As part of the annual audit required under the Single Audit Act of 1984,
the sponsor will direct that the audit will review, and the resulting audit
report will provide an opinion concerning, the use of airport revenue and
taxes in paragraph (a), and indicating whether funds paid or transferred to
the owner or operator are paid or transferred in a manner consistent with
Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
Airport SponsorAssurances (412012)
ARP Page 12 of 17
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of this grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an
annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by Government aircraft
in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any calendar month that —
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather-reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
Airport Sponsor Assurances (4/2012)
ARP Pogo 13 of 17
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon; and (4) all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary
which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2) bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the
program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits, or
Airport Sponsor Assurances (412012)
ARP Page 14 of 17
(b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land. •
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when
the land is no longer needed for such purposes, at fair market value, at the
earliest practicable tune. That portion of the proceeds of such disposition
which is proportionate to the United States' share of acquisition of such
land will be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 (Stifle
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested or transferred to another eligible
airport as prescribed by the Secretary. The Secretary shall give preference
to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
, runway protection zones) or serve as noise buffer land, and (2) the revenue
Airport Sponsor Assurances (12012)
ARP Page 15 of 17
from interim uses of such land contributes to the financial self - sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub - contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications -based requirement prescribed for or by the sponsor of
the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifications approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated May 22, 2 012 (the latest
approved version as of this grant offer) and included in this grant, and in
accordance with applicable state policies, standards, and specifications approved
by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in Subpart
C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available
within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
Airport Sponsor Asaurenc a (4/2012) ARP Page 16 of 17
have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the '
basis of race, color, national origin or sex in the award and performance of any
DOT - assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award
and administration of DOT - assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S .C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that -
1) Describes the requests;
2) Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances (4/2012)
ARP Page 17 of 17
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Updated April 16, 2013
View the most current versions of these ACs and any associated changes at
http: /fwww.faa.gov/ airports /resources/advisory circulars /.
NUMBER :
TITLE •
70/7460 -1 K
Obstruction Marking and Lighting
150/5020 -1
Noise Control and Compatibility Planning for Airports
150/5070 -6B
Change 1
•
Airport Master Plans •
•
150/5070 -7
The Airport System Planning Progress
150/5100 -13B
Development of State Standards for Non Primary Airports
150/5100 -'14D
Architectural, Engineering, and Planning Consultant Services for Airport Grant :
Projects
150/5100 -17 '
Change 1 -6
Land Acquisition and Relocation Assistance for Airport Improvement Program :
Assisted Projects
15015200 -28D Notices to Airmen (NOTAMS) for Airport Operators _._.
150/5200 -30C :
Airport Winter Safety and Operations
150/5200-31C :
Change 2
Airport Emergency Plan
150/5210 -5D
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210 -7D f Aircraft Rescue and Fire Fighting Communications •
150/5210 -13C I
Airport Water Rescue Plans and Equipment
15015210 -14B .1 Airport Rescue Fire Fighting Equipment, Tools and Clothing •
150/5210 -15A I
Airport Rescue and Firefighting Station Building Design
15015210 -18A
Systems for Interactive Training of Airport Personnel
15015210 -19A :
Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on
Airports
150/5220 -10E Guide Specification for Aircraft Rescue and Fire Fighting Vehicles
15015220 -16D Automated Weather Observing Systems (AWOS) for Non Federal
Applications
115015220 -17B I Aircraft Rescue and Firefighting (ARFF) Training Facilities •
• •
1
150/5220 -18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150- 5220 -20
Change 1
Airport Show and Ice Control Equipment
150/5220 -21 C
150/5220 -22B
1 15015220 -23
1150/5220-24
150/5220 -25
Aircraft Boarding Equipment
IEngineered Materials Arresting Systems (EMAS) for Aircraft Overruns
IFrangible Connections
Foreign Object Debris Detection Equipment
Airport Avian Radar System
15015220 -26
Airport Ground Vehicle Automatic Dependent Surveillance — Broadcast (ADS -
B) Out Squitter Equipment
150/5300 -7B
FAA Policy on Facility Relocations Occasioned by Airport Improvements or
Changes
15015300 -9B '
Predesign, Prebid, and Preconstnaction Conferences for Airport Grant
Projects
150/5300 -13 A
Airport Design
•
150/5300 -14B
150/5300 -15A
Design of Aircraft Deicing Facilities
IUse of Value Engineering for Engineering Design of Airports Grant Projects
15015300 -16A
150/5300 -17C
General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
-I Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300 -18B
105/5320 -5C
Change 1
150/5320 -6E Airport Pavement Design and Evaluation
150/5320 -12C Measurement, Construction, and Maintenance of Skid Resistant Airport;
Changes 1-8 Pavement Surfaces
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (G IS)
Standards
Surface Drainage Design
150/5320 -15A
Management of Airport Industrial Waste
150/5320 -17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
2
150/5325 -4B I
Runway Length Requirements for Airport Design
1 150/5335 -5B
Standardized Method of Reporting Airport Pavement Strength -PCN
150/5340-1K •
Chang
Chang e 1 :
Standards for Airport Markings
1 150/5340 -5C ;
Segmented Circle Airport Marker System
1150/5340 -18F : Standards for Airport Sign Systems
115015340 -30G I Design and Installation Details for Airport Visual Aids
1150/5345 -3G
I Specification for L -821, Panels for Control to Airport Lighting
1 150/5345 -5B
I Circuit Selector Switch
150/5345 -7E
Specification for L -824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345 -1 OG
Specification for Constant Current Regulators and Regulator Monitors
150/5345 -12F Specification for Airport and Heliport Beacon
150/5345 -13B
Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345 -26D •
FAA Specification for L -823, Plug and Receptacle, Cable Connectors
150/5345 -27D ; Specification for Wind Cone Assemblies
150/5345 -28G • Precision Approach Path Indicator (PAPI) Systems
150/5345 -39D
Specification for L -853, Runway and Taxiway Retro reflective Markers •
150/5345 -42G ,
Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345 -43G 'I
Specification for Obstruction Lighting Equipment •
150/5345 -44J
I Specification for Runway and Taxiway Signs
150/5345 -45C 1
Low - Impact Resistant (LIR) Structures •
150/5345 -46D
1 Specification for Runway and Taxiway Light Fixtures
150/5345 -47C
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345 -49C
I Specification L -854, Radio Control Equipment
1150/5345 -50B
Specification for Portable Runway and Taxiway Lights
150/5345 -51 B •
Specification for Discharge -Type Flasher Equipment •
1 150/5345 -52A I
Generic Visual Glidesiope Indicators (GVSI)
3
150/5345 -53D
Airport Lighting Equipment Certification Program
150/5345 -54B
Specification for L -884 Power and Control Unit for Land and Hold Short
Lighting Systems
15015345 -55A
Specification for L -893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150!5345 -56B Specification for L -890 Airport Lighting Control and Monitoring System
(ALCMS)
15015360 -12E Airport Signing & Graphics
150/5360-13
Change 1
Planning and Design Guidance for Airport Terminal Facilities
1150/5360-14 :
Access to Airports by Individuals with Disabilities
1 15015370 -2F ,C
Operational Safety on Airports During Construction
15015370 -6D
Changes 1 -4
Construction Progress and Inspection Report -- Airport Grant Program
150/5370 -10F :
f Standards for Specifying Construction of Airports
1150/5370-11 B
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
1150- 5370 -12A
Quality Control of Construction for Airport Grant Projects
1150/5370-1 3A
Off -peak Construction of Airport Pavements Using Hot -Mix Asphalt
15015370 -15B •
Airside Applications for Artificial Turf
1 15015370 -16
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
)150/5370-17
Airside Use of Heated Pavement Systems
1 15015380 -6B
Guidelines and Procedures for Maintenance of Airport Pavements
1 15015380 -7A
Airport Pavement Management Program
15015390 -2C . 1 Heliport Design
15015395 -1
Seaplane Bases
FAA
910 - Predesign Conference
FAA °
920 — Engineer's Report (& Pavement Design)
FM 1 940 — Regional Approved Modifications to AC 150/5370-10
FM
950 — Sponsor Modifications to FAA Standards
FAA
) 960 — Operational Safety on Airport During Construction
FAA .
1040 — Preconstruction Conference
4
FAA
I 1060 - Labor Provisions
FAA
1100 — Runway Commissioning
FAA
1310 — Environmental Site Assessment
FAA
1750 - Pavement Maintenance
FAA
,
Engineering Briefs
MoDOT
1 MoDOT DBE Program
The MoDOT DBE Program is available on the MoDOT website at the following address:
http: / /www.modot.mo.govlbusiness /contractor resources /externalcivilriahts.htm.
5