HomeMy Public PortalAboutORD15316 BILL NO. 2014-60
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. 1531 /(7
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT
AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION TO CONSTRUCT RUNWAY
12/30 REHABILITATION, EDGE LIGHTING FOR RUNWAYS 12/30 AND 9/27, AND
TAXIWAY B 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 runway 12/30 rehabilitation, edge lighting for
runways 12/30 and 9/27, and taxiway B project at the Jefferson City Memorial Airport.
Section 2. This agreement shall be substantially the same in form and content as
Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: di al- Approved:
/
Presiding Officer Mayor err
ATTEST: APPROVED AS TO FORM:
10,J2411,t0.
City Clerk
fi unselor
7 /z/
Memorandum "og
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $2,000
For: Council Agenda
Pursuant to Section 2-74 of the City Code, 1 request authority to accept the following Grant:
The name of the grantor: Missouri Highway and Transportation Commission
The amount of the grant: $294,767
The purpose of the grant: Construction and construction observations services in
associated with the Runway 12-30 and Edge Lighting for
Runways 12-30 and 9-27 and Taxiway B project at the
Jefferson City Memorial Airport
Any matching requirements or future The city is providing match fund for the project as a whole
obligations tied to acceptance of the grant: but none are associated with this grant agreement.
CFDA=: n/a
Grant Award =(if any): Project No.: AIR 136-40B-1
City Department Responsible: Public Works
Employee assigned as Grant Britt E. Smith/Ron Craft
Administrator:
Revenue account a to be amended: 61-100-430020 State Grants
Expense account 4 to be amended: 61-990-578075!�q
Reviewed by Finance: K/, IC— /,t&a `&
Please NOTE: Upon Approval,the City Administrator`J' � may,on behalftof the city execute any documents
necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue,and amend
the budget to reflect equivalent expenses so as to accomplish the purpose of such funds.
For Finance Department Use only:
Approved on the Council Agenda, Bill No. this day of , 20
CCO Form: AC01 Sponsor: City of Jefferson
Approved: 02194 (MLH) Project No. AIR 136-4013-1
Revised: 12112 (MWH)
Modified:
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AIRPORT AID AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson
(hereinafter, "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor has applied to the Commission for a grant of funds
under§305.230 RSMo; and
WHEREAS, the Commission has agreed to award funds available under
§305.230 RSMo 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:
Construct Runway 12130 Rehabilitation, Edge Lighting for Runways 12130 and 9/27, and
Taxiway B;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations in this Agreement, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under§305.230 RSMo.
(2) AMOUNT OF GRANT: The amount of this grant is Two Hundred Ninety-
Four Thousand Seven Hundred Sixty-Seven Dollars ($294,767); which shall be utilized
as part of the match required for Sponsor's State Block Grant for Project No. 13-04013-2;
provided, however, that in the event state funds available to the Commission under
§305.230 RSMo are reduced so that the Commission is incapable of completely
satisfying its obligations to all the Sponsors for the current state fiscal year, the
Commission may recompute and reduce this grant. 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.
(3) PROJECT TIME PERIOD: The project period shall be from the date of
execution of this Agreement by the Commission to December 31, 2015. The
Commission's representative may, in writing, extend the project time period for good
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cause as shown by the Sponsor. The grant funds in paragraph (2) not expended or
duly obligated during the project time period shall be released for use in other projects
under§305.230 RSMo.
(5) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: By signing this
Agreement, the Sponsor certifies that it holds satisfactory evidence of title to all existing
airport property and avigation easements.
(6) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the
airport, either as owner or as lessee, for twenty (20) years following receipt of the last
payment from this grant. Applicable agreement periods are as follows:
(A) Land interests - Fifty(50) years.
(B) Improvements - Useful life, as determined by the Commission.
(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) PAYMENT: Payments to the Sponsor are made on an advance basis.
The Sponsor may request incremental payments during the course of a project or a
lump sum payment upon completion of the work. However, this advance payment is
subject to the limitations imposed by paragraph (8)(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 state (Aviation
Trust Fund) obligation stated in this Agreement or eighty-one percent (81%) 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.
(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.
(D) When land donations are used, the costs for land may be submitted
with an appraisal prepared by a MoDOT-certified appraiser. All donations must be
preapproved by the Commission to ensure eligibility for funding.
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(E) If the Commission determines that the Sponsor was overpaid, the
amount of overpayment shall be remitted to the Commission.
(9) AUDIT OF RECORDS: The Sponsor must maintain all records relating to
this Agreement, including but not limited to invoices, payrolls, etc. These records must
be available at all reasonable times at no charge to the Commission and/or its
designees or representatives during the period of this Agreement and any extension
thereof, and for three (3) years from the date of final payment made under this
Agreement.
(10) FINANCIAL SUMMARY: Upon request of the Commission, the Sponsor
shall provide to the Commission a financial summary of the total funds expended. The
summary must show the source of funds and the specific items for which they were
expended.
(11) NONDISCRIMINATION CLAUSE: The Sponsor shall comply with all state
and federal statutes applicable to the Sponsor relating to nondiscrimination, including,
but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of
1964 as amended (42 U.S.C. §2000d and §2000e, et seq.); and with any provision of
the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.).
(12) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the Sponsor with
written notice of cancellation. Should the Commission exercise its right to cancel this
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the Sponsor.
(13) LACK OF PROGRESS: Any lack of progress which 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. The Commission shall
notify the Sponsor in writing once such a determination is made.
(14) 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.
(15) 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.
(16) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission and information supplied by the
Commission shall remain the property of the Commission.
(17) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
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confidential factual matters 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.
(18) 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.
(19) DISPUTES: Any disputes that arise under this Agreement shall be
decided by the Commission or its representative.
(20) 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.
(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
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each party's applicable sovereign, governmental, or official immunities and protections
as provided by federal and state constitution or law.
(21) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any change in conditions or law which may significantly affect its ability
to perform the project in accordance with the provisions of this Agreement.
(22) 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 representatives of the Sponsor and the Commission.
(23) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS:
Contracts for architectural, engineering and/or land surveying services, as defined in
section 8.287 RSMo, shall be procured by competitive proposals, and the procurement
process shall comply with sections 8.285-8.291 RSMo.
(24) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(25) 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.
(26) 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.
(27) SAFETY INSPECTION: The Sponsor shall eliminate all deficiencies
identified in its most recent safety inspection letter. If immediate elimination is not
feasible, as determined by the Commission, the Sponsor shall provide a satisfactory
plan to eliminate the deficiencies.
(28) LAND INTERESTS: When grant funds are used to pay for land or aviation
easements, the following requirements apply:
(A) Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a
qualified attorney's title opinion to assure the Sponsor receives fee simple title, free and
clear of any encumbrance that could adversely affect the operation, maintenance or
development of the airport.
The attorney's title opinion shall be furnished by the Sponsor to the
Commission for review. The Sponsor shall acquire the property in fee simple absolute
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by general warranty deed from the grantors. A copy of the deed shall be furnished to
the Commission for review. The Sponsor shall record the deed in the land records of
the county recorder's office in the county where the airport is located.
(B) Acquisition of Avigation Easements: The Sponsor shall obtain a
qualified attorney's title opinion to assure that the Sponsor has obtained the required
interest in and to the easements to be acquired, free and clear of any encumbrances
that would be incompatible with or would interfere with the exercise and enjoyment by
the Sponsor of the rights and interests conveyed, and that the grantors of easements
constituted all of the owners of the land affected by the easements.
(C) Land Cost Reimbursement by Federal Government Use as Local
Share Only: Since it is the intent of the state of Missouri that funds provided under this
Agreement be used only for aeronautical purposes, the Sponsor hereby covenants and
agrees that it will not request reimbursement from the United States Government for the
cost of land acquired with the funds granted under this Agreement; provided, however,
that nothing in this paragraph shall be construed to prevent the Sponsor from using all
or any part of the acquisition cost of this land to make up its share of eligible project
costs incurred under any airport development grant from the United States Government.
(D) Aeronautical Use: If land interests are not used for aeronautical
purposes within five (5) years, the Sponsor shall at the request of the Commission
return the full amount of those grant funds used to purchase the land interests. The
Sponsor may request an extension of this time period in writing to the Commission.
(29) AIRPORT USE: The Sponsor agrees to operate the airport for the use
and benefit of the public. The Sponsor further agrees that it will keep the airport open to
all types, kinds, and classes of aeronautical use on fair and reasonable terms without
discrimination between such types, kinds and classes. Any proposal to temporarily
close the airport for non-aeronautical purposes must first be approved by the
Commission. Otherwise, at no time shall the airport be closed to accommodate a non-
aeronautical event or activity.
(30) SAFE OPERATION OF AIRPORT: The Sponsor agrees to operate and
maintain in a safe and serviceable condition the airport and all connected facilities which
are necessary to serve the aeronautical users of the airport other than facilities owned
or controlled by the United States. The Sponsor further agrees that it will not permit any
activity on the airport's grounds that would interfere with its safe use for airport
purposes. Nothing contained in this Agreement shall be construed to require that the
airport be operated for aeronautical uses during temporary periods when snow, ice, or
other climatic conditions interfere with safe operations.
(31) 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 on
the airport will conform to Federal Aviation Administration (hereinafter, "FAA")
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regulations or specifications that may apply. The Sponsor shall issue, through the
applicable FAA Flight Service Station, any and all Notices to Airmen that may be
required.
(32) 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.
(33) 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
Commission concurs that such adaptation is appropriate considering safety, economy
and efficiency of operation.
(34) 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.
(35) 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.
(36) 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) The Sponsor shall issue a notice to the contractor within ten (10)
days of authorization by the Commission, unless otherwise approved by the
Commission.
(B) Any construction work performed prior to the Sponsor's issuance of
a Notice to Proceed shall not be eligible for funding participation.
(37) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In
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conjunction with submittal of the Notice to Proceed documentation, the Sponsor shall
provide a construction observation/inspection program setting forth a format for
accomplishment of resident observation, construction inspection and overall quality
assurance.
(38) 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
Construction Progress and Inspection Report (available on MoDOT's aviation section
website), 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.
(C) Certification statements from construction contractors must be
provided to ensure all workers, material suppliers, etc. have been paid.
(39) 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.
(40) RECORD DRAWINGS: The Sponsor shall provide one (1) electronic set
of as-built construction drawings on a compact disc in .pdf format copied to a single file
(each sheet must be sealed, signed, and dated by the engineer) to the Commission
upon project completion. In addition, the Sponsor shall provide six updated Airport
Layout Drawings (ALD's) showing as-built conditions, if required. The Commission will
forward updated ALDs to the FAA central region office.
(41) 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 or lengthening of an existing runway or construction of
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a new runway.
(42) 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 electronically 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. Electronic
submittal of FAA form 7460-1 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 they include above ground installations.
(43) PROMPT PAYMENT: The Commission and the Sponsor 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.
(44) STATE WAGE LAWS: The Sponsor and its subcontractors shall pay the
prevailing hourly rate of wages for each craft or type of worker required to executive 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. The Sponsor shall take those acts which may be required to fully inform itself
of the terms of, and to comply with, any applicable state wage laws.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below. n
Executed by the Sponsor this day of (iG V ' ' 20
Executed by the Commission this day of 20_4.
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF JEFFERSON
�6" By Lzzic
Title Chief Financial Officer Title
Attest:
APPRO AS O
Assista t
Title
Approved as to Form:
TTE
E R TARY TO TH COMMI SION Title CC-DfA to s
Ordinance No. 1531 Co
(if applicable)
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, Rei v (.J. 4; lar I , acting as attorney for the Sponsor, do
hereby certify that in my opini n, 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.
SPONSOR: City of Jefferson
Name of S or's Att rney (typed)
Signa ure of Sponsor's Attorney
Date 1D-(04
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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 acid are available on the MoDOT website
(http://www.modot.mo.govn,the FAA website(htty://www.faa.p-ov/index.cfin},the State
Block Grant Program Guidance Handbook or other website as indicated.
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EXHIBIT 1
i
• i
1
Aviation - Grant Programs, Documentation, Guidance
State Block Grant Program(Federal Funds)
• MoDOT Guidance Handbook
o About the Handbook(26 kb,1 page)
o Index(57 kb,3 pages)
o Section I -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,I page)
o Federal-Required Documentation Checklist(Construction Projects)(38 kb,1 page)
• FAA Airport Sponsor Guide
State Aviation Trust Fund Program(State Funds) j
i
• State Aviation Trust Fund Program Procedures(51 kb,5 pages)
i
• State Required Documentation Checklist(44 kb,I page)
Sponsor CIP Submittal
• Sponsor's Guide on Submitting CIP(980 kb, 11 pages)
• MoDOT AirportlQ System Manager(ASM)Website
Financial Forms
i
• 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)
I
I
Consultant Procurement
i
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(530,1 page) j
-Exhibit V-Engineering Basic and Special Services-Cost Breakdown 67 kb,I page)
• Aviation Project Consultant Supplemental Agreement No. 1 (91 kb,S pages)
-Exhibit IV-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,I 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 8.285-8.291 (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,1 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(277 kb, 10 pages)
• VGSI Data Form and Request for Flight Inspection(55 kb,1 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, 1 page)
• Categorical Exclusion Checklist(355 kb,8 pages)
Compliance
• Compliance Guidance
• Standard DOT Title VI Assurances(43 kb,4 pages) i
• Sponsor Certification for Drug-Free Workplace(42 kb,2 pages)
• Sponsor Questionnaire-Airport Compliance Status(130 kb,16 pages)
• FAAIMoDOT Lease Requirements,Recommendations,and Guidance(95 kb,5 pages)
Utility Adjustments
• Utility Agreement(71 kb,36 pages)
Engineering,Design,and Construction
I
• Sponsor Certifications For Federally Funded Projects
o Sponsor Certification for Projects Plans and Specifications(46 kb,2 pages) j
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 Fquipnent Final Acceptance(38 kb,2 pages)
2
• Construction Project Items
Federal Projects
o Weekly DBE Compliance Review Report(38 kb,2 pages)
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,1 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)
o DBE Documentation—Final Construction Report
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, I 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-Construction 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-401 S Plant Mix Bituminous Pavements(87 kb, 14 pages)
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Federal&State Projects
o Construction Observation Program(Non-Paving)(91 kb,10 pages)
o Construction Observation Program-Required Tests and Certifications(75 kb,17 pages)
o Construction Plans Checklist(135 kb,5 pages)
o Safety Plan Checklist(37 kb, I page)
o MO-100 Mobilization(28 kb, I page)
o MO-152 Excavation and Embankment(71 kb,11 pages)
o MO-155 Fly Ash Treated Subgrade(45 kb,5pages)
o MO-156 Erosion and Sediment Control(50 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 P-501 Portland Cement Concrete Pavements is now required for Aviation Projects in Missouri. Find
the form on the linked FAA page.(effective May 2013) i
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) i
o MO-610 Structural Portland Cement Concrete(45 kb,5 pages)
a 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,5 pages)
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o MO-701 Pipe for Stoon Drains and Culverts(38 kb,4 pages)
o MO-706 Prefabricated Underdrains(54 kb,S pages)
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-1 03 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 pager)
o MO-109 Airport Prefabricated Housing and Equipment(373 kb, 7pages)
o MO-110 Airport Underground Electrical Duct Banks and Conduits(56 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)
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Airports Central Region—AIP Guide Index
This guide has been prepared to assist Central Region airport owners and their consultants in obtaining
and administering an Airport Improvement Program(AIP)grant.This guidance is intended to provide a
convenient resource for identifying the requirements associated with the AEP 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/sponsorguide/
500-Airport Planning
100-Airport Improvement Program(AIP) 510-National Plan of Integrated Airport Systems
110-Overview (NPIAS)
120-Checklists for Typical AIP Funded Projects 515-Master Plans
130-Sponsor Eligibility 520-Airport Layout Plans
140-Project Eligibility 530-Environmental Review
150 -AIP Obligations 540-Airport Site Investigations
160-FAA Standards 550-Runway Protection Zones
170-Non-Primary Entitlement Funds 560-Airport Property Interests
570-Apron Design
200-Civil Rights 580-Planning Resources
210-DBE Overview
220-DBE Program Submittal Information 600-Project Formulation
230-DBE Goals 610-Requesting Aid:ACIP
240-Good Faith Efforts 620-Benefit/Cost Analysis
250-DBE Contract Provisions 630-FAA Reimbursable Agreements
260-DBE Reporting Requirements
270-Identifying DBE Fraud 700-Grant Implementation
710-Project Initiation
300-Procurement of Professional Services 720-Project Application
310-Procurement Requirements and Standards for 730-Sponsor Assurances
A/E Services 740-Drug Free Workplace Requirements
320-Roles and Responsibilities 750-Title VI Assurance i
330-Selection Guide 760-Executing the Grant Offer
340-Contract Establishment
350-Acquiring a Surveyor for AGIS 800-Sponsor Certification
400-Procurement 900-Project Design Development Projects
410-Procurement Standards-§18.36(b) 910-Predesign Conference
420-Competition-§18.36(c) 920-Engineer's Design Report
430-Procurement Methods-§18.36(d) 930-Plans and Specifications
440-Small&Minority Finns&Womens Business 940-Regional Approved Modifications to
Enterprises- §I8.36(e) AC 150/5370-10
450-Cost and Price Analysis-§18.36(0 950-Sponsor Modifications of FAA Standards
460-FAA Review of Procurement Documents- 960-Operational Safety on Airport During
§18.36(g) Construction
470-Bond Requirements-§18.36(h)
480-Federal Provisions-§18.36(i) 1000-Construction Phase
490-Buy American Preferences-Title 49 USC 501 1010-Bidding
1020-Contract Award
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1030-Construction Observation Program 1430-Construction Force Account
1040-Preconstruction Conference
1050-Notice-to-Proceed 1500-Grant Payments
1060-Labor Provisions 1510-DELPHI elnvoicing System
1070-Inspections 1520-Making the Grant Drawdown
1080-Contract Modifications 1530-Invoice Summary
1540-Financial Reports
1100-Runway Commissioning 1550-Payment History
1110-Airports Geographic Information Systems 1560-Improper Payments
(AGIS)
1120-Revising Airport Aeronautical Information 1600-Grant Closeout
1130-Runway Commissioning Data 1610-Development Project Closeout
1140-Commissioning of Non-Federal VGSI 1620-Equipment Project Closeout
1630-Grant Amendment
1200-Equipment Projects 1640-Planning Grant Closeout
1210-Federal Provisions
1220-Sample Bid Documents 1700-Post Grant Obligations
1710-Record Keeping
1300-Airport Land Acquisition 1720-Audit Requirements
1310-Environmental Site Assessment 1730-Financial Reports
1320-Satisfactory Evidence of Good Title 1740-Compliance
1750-Pavement Maintenance
1400-Sponsor Force Accounts 1760-Release of Airport Property
1410-Force Account Overview
1420-Force Account Engineering Services
For further information,please contact:
I
FAA ACE-60901 Locust
Kansas City,Mo 64106-2325
(816)329-2600
Updated: July 18, 2014
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ASSURANCES
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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 arc incorporated
in and become part of this grant agreement.
i
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 32014 Page l of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement,only Assurances 1,2,3, 51 6, 13,
18,25,30,32, 33,and 34 in Section C apply to planning projects. The terms,
conditions,and assurances of this grant agreement shall remain in full force and effect
during the life of the project;there shall be no limit on the duration of the assurances
regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws,regulations,executive orders,
policies, guidelines,and requirements as they relate to the application,acceptance and
use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49,U.S.C.,subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(a),et sN.1
c. Federal Fair Labor Standards Act-29 U.S.C. 201,et sen.
d. Hatch Act--5 U.S.C. 1501,et_ seQ.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C.4601,et_ seg.12
f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C.470(f).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C.469 through
469c.t
h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et seg.
L 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.4412a.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. Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq., 78 stat.252)
(prohibits discrimination on the basis of race,color,national origin);
o. Americans with Disabilities Act of 1990,as amended,(42 U.S.C. § 12101 et
seq.),prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 -42 U.S.C.6101,et sea.
q. American Indian Religious Freedom Act,P.L.95-341, as amended.
r. Architectural Barriers Act of 1968-42 U.S.C.4151, et seg.I
s. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act-40 U.S.C. 327,et Seg.'
u. Copeland Anti-kickback Act- 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 -42 U.S.C.4321,et seq.]
w. Wild and Scenic Rivers Act, P.L. 90-542,as amended. i
x. Single Audit Act of 1984-31 U.S.C.7501,et seg•2
y. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 _ Page 2 of 20
z. The Federal Funding Accountability and Transparency Act of 2006,as amended
(Pub. L. 109-282,as amended by section 6202 of Pub.L. 110-252).
Executive Orders
a. Executive Order 11246-Equal Employment Opportunity'
b. Executive Order 11990-Protection of Wetlands
c. Executive Order l l 998—Flood Plain Management
d. Executive Order 12372-Intergovernmental Review of Federal Programs
e. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New
Building Construction'
f. Executive Order 12898-Environmental Justice
Federal Regulations
a. 2 CFR Part 180-OMB Guidelines to Agencies on Governmentwide Debarment
-and Suspension(Nonprocurement).
b. 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments,and OMB '
Circular A-133-Audits of States,Local Governments,and Non-Profit
Organizations]4.5.6.
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 -Investigative and Enforcement Procedures]4 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 -Airport noise compatibility planning.
f, 28 CFR Part 35-Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR §50.3-U.S.Department of Justice Guidelines for Enforcement of Title j
V1 of the Civil Rights Act of. 1964.
h. 29 CFR Part l -Procedures for predetermination of wage rates.'
i. 29 CFR Part 3 -Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.'
j. 29 CFR Part 5 -Labor standards provisions applicable to contracts covering
federally financed and assisted construction(also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act).'
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal
Employment Opportunity,Department of Labor(Federal and federally assisted
contracting requirements).'
I. 49 CFR Part 18- Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20-New restrictions on lobbying.
n. 49 GFR Part 21 ---Nondiscrimination in federally-assisted programs of the
Department of Transportation-effectuation of Title VI of the Civil Rights Act of
1964.
o. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport
Concessions,
Airport Sponsor Assurances 3/2014 —_ Page 3 of 20
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs.12
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27--Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.
s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors.
u. 49 CFR Part 32 Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
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Specific assurances required to be included in grant agreements by any of the above
laws,regulations or circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance C.I.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local
Governments receiving Federal assistance.Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States '
Code.
4
On December 26,2013 at 78 FR 78590,the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards in 2 CFR Part 200.2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants(OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular)as well as the Cost Principles(Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225;and A-122,2 CFR part 230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110,the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation,must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OIMB.
Airport Sponsor Asuwanm 3/2014 Pagc 4 of 20
5 Cost principles established in 2 CFR part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant,and to finance and carry out the proposed
project;that a resolution, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the Fling 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.
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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. i
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.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms,conditions,and
assurances in this grant agreement without the written approval of the Secretary,
and will act promptly to acquire,extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor.This shall be done in a manner acceptable to the Secretary.
Airport Sponsor Assurances 3/2014 Page 5 of 20
b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project,that portion of the property upon which
Federal funds have been expended,for the duration of the terms,conditions,and
assurances in this grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49,United States
Code,to assume the obligations of this grant agreement and to have the power,
authority,and financial resources to carry out all such obligations,the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest,and make binding upon the transferee all of the terms,conditions,and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government.Except as otherwise specified by the Secretary,that agreement shall
obligate that government to the same terms,conditions,and assurances that would
be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility program project.That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance wide 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 Po
employee of the sponsor,the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49,United States Code,the
regulations and the terms,conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property used
as a residence,or zoned for residential use,to taxi an aircraft between that
property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
Airport Sponsor Assurances 3/2014 Page 6 of 20
6. Consistency with Local Plans.
The project is reasonably consistent with plans(existing at the time of submission of
this application)of public agencies that are authorized by the State in which the
project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the
project may be located.
8. Consultation with Users.
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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 E
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 i
copy of the transcript of such hearings to the Secretary.Further, for such projects, it
has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
10.Metropolitan Planning Organization.
In projects involving the location of an airport,an airport runway,or a major runway
extension at a medium or large hub airport,the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which
the airport is located, if any,a copy of the proposed amendment to the airport layout
plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
11.Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995,for the replacement or
reconstruction of pavement at the airport,it assures or certifies that it has
implemented an effective airport pavement maintenance-management program and it
assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
12.Terminal Development Prerequisites.
For projects which include terminal development at a public use airport,as defined in
Title 49, it has,on the date of submittal of the project grant application,all the safety
equipment required for certification of such airport under section 44706 of Title 49,
United States Code,and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/2014 Page 7 of 20
has provided for access to the passenger enplaning and deplaning area of such airport
to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13.Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant,the total cost of the
project in connection with which this grant is given or used,and the amount or
nature of that portion of the cost of the project supplied by other sources, and such
other financial records pertinent to the project.The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives,for the purpose of audit and
examination,any books, documents,papers,and records of the recipient that are
pertinent to this grant.The Secretary may require that an appropriate audit be
conducted by a recipient:.In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which this grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six(6)months following the close of the fiscal year for which
the audit was made.
14.Minimum Wage Rates.
It shall include, in all contracts in excess of$2,000 for work on any projects funded
under finis 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 i
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.
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It shall include in all contracts for work on any project funded under this grant
agreement which involve labor,such provisions as are necessary to insure that, in the
employment of labor(except in executive,administrative,and supervisory positions),
preference shall be given to Vietnam era veterans,Persian Gulf veterans,
Afghanistan-Iraq war veterans,disabled veterans,and small business concerns owned I
and controlled by disabled veterans as defined in Section 47112 of Title 49,United
States Code. However,this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
16.Conformity to Plans and Specifications.
It will execute the project subject to plans,specifications,and schedules approved by
the Secretary. Such plans,specifications,and schedules shall be submitted to the
Secretary prior to commencement of site preparation,construction,or other
performance under this grant agreement,and,upon approval of die Secretary,shall be
incorporated into this grant agreement.Any modification to the approved plans,
Airport Sponsor Assurances 3/2014 Page 8 of 24 i
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specifications, and schedules shall also be subject to approval of the Secretary,and
incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans,specifications,
and schedules approved by the Secretary for the project.It shall subject the
construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public,and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish,disclose,distribute,and
otherwise use any of the material prepared in connection with this grant.
f It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19.Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport,other than facilities owned or controlled by the United States,shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 312014 Page 9 of 20
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state and local agencies for maintenance and operation.It will not cause or permit
any activity or action thereon which would interfere with its use for airport
purposes. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith,with due regard to climatic and flood conditions.Any
proposal to temporarily close the airport for non-aeronautical purposes must first
be approved by the Secretary. In furtherance of this assurance,the sponsor will
have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions;and
.3) Promptly notifying airmen of any condition affecting aeronautical use of the
airport.Nothing contained herein shall be construed to require that the airport '
be operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further,nothing herein shall be construed as requiring the maintenance,
repair, restoration,or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20.Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport(including established
minimum flight altitudes)will be adequately cleared and protected by removing,
lowering, relocating,marking,or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. '
It will take appropriate action,to the extent reasonable, including the adoption of
zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft. In addition,if the project is for noise compatibility
program.implementation, it will not cause or permit any change in land use,within its
jurisdiction,that will reduce its compatibility,with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22.Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable teens
and without unjust discrimination to all types,kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement,contract, lease,or other arrangement under which a right or
privilege at the airport is granted to any person,firm,or corporation to conduct or
Airport Sponsor Assurances 3/2014 Page 10 of 20
to engage in any aeronautical activity for furnishing services to the public at the
airport,the sponsor will insert and enforce provisions requiring the contractor to-
furnish said services on a reasonable,and not unjustly discriminatory,basis to
all users thereof,and
2) charge reasonable,and not unjustly discriminatory,prices for each unit or
service,provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts,rebates,or other similar types of price reductions
to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,fees,
rentals,and other charges as are uniformly applicable to all other fixed-based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities,
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve any
air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant,non-tenant,or subtenant
of another air carrier tenant)shall be subject to such nondiscriminatory and
substantially comparable rules,regulations,conditions,rates,fees,rentals,and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities,subject to reasonable
classifications such as tenants or non-tenants and signatory carriers and non-
signatory carriers.Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f It will not exercise or grant any right or privilege which operates to prevent any
person,firm,or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including,but not limited to
maintenance,repair,and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to
in this assurance,the services involved will be provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable,and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
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Airport Sponsor Assurances 3/2014 Pagc 11 of 20
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide,aeronautical services to the public.For purposes of this
paragraph,the providing of the services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly,burdensome,or impractical for more than one
fixed-based operator to provide such services,and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport. It further agrees that it will not,
either directly or indirectly, grant or permit any person,firm,or corporation,the
exclusive right at the airport to conduct any aeronautical activities, including,but
not limited to charter flights,pilot training,aircraft rental and sightseeing,aerial
photography,crop dusting,aerial advertising and surveying,air carrier operations,
aircraft sales and services,sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity,repair and maintenance
of aircraft,sale of aircraft parts,and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity,and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
24.Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport,taking into account such factors as the volume of
traffic and economy of collection.No part of the Federal share of an airport
development,airport planning or noise compatibility project for which a grant is
made under Title 49,United States Code,the Airport and Airway Improvement Act
of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees,rates,and charges for users of
that airport.
25.Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987,will be expended by it for the capital or
operating costs of the airport;the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers
or property;or for noise mitigation purposes on or off the airport.The following
exceptions apply to this paragraph:
l) If covenants or assurances in debt obligations issued before September 3,
1982,by the owner or operator of the airport,or provisions enacted before
September 3, 1982, in governing statutes controlling the owner or operator's
financing,provide for the use of the revenues from any of the airport owner or
Airport Spnasor Assurances 312014 Page 12 of 24
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operator's facilities,including the airport, to support not only the airport but
also the airport owner or operator's general debt obligations or other facilities,
then this limitation on the use of all revenues generated by the airport(and, in
the case of a public airport, local taxes on aviation fuel)shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a public
sponsor and provides funding for any portion of the public sponsor's
acquisition of land,this limitation on the use of all revenues generated by the
sale shall not apply to certain proceeds from the sale. This is conditioned on
repayment to the Secretary by the private owner of an amount equal to the
remaining unamortized portion(amortized over a 20-year period)of any
airport improvement grant made to the private owner for any purpose other
than land acquisition on or after October 1, 1996,plus an amount equal to the
federal share of the current fair market value of any land acquired with an
airport improvement grant made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction,production,
lease,or other means at a general aviation airport(as defined at Section 47102
of title 49 United States Code), if the FAA determines the airport sponsor
meets the requirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984,the
sponsor will direct that the audit will review,and the resulting audit report will
provide an opinion concerning,the use of airport revenue and taxes in paragraph
(a),and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49,United States Code and
any other applicable provision of law, including any regulation promulgated by
the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,United
States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public;make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects,make the airport and all airport records and
documents affecting the airport, including deeds, leases,operation and use
agreements,regulations and other instruments,available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms,conditions,and assurances
of this grant agreement including deeds, leases,agreements, regulations,and other
instruments,available for inspection by any duly authorized agent of the Secretary
upon reasonable request;and
Airport Sponsor Assurances 3/2014 Page 13 of 20
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d. in a format and time prescribed by the Secretary,provide to the Secretary and
make available to the public following each of its fiscal years,an annual report
listing in detail;
1) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such service
and property.
27.Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal
financial assistance and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other aircraft at all
times without charge,except, if the use by Government aircraft is substantial,charge
may be made for a reasonable share,proportional to such use,for the cost of
operating and maintaining the facilities used.Unless otherwise determined by the
Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use
of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary,would
unduly interfere with use of the landing areas by other authorized aircraft,or during
any calendar month that--
a. Five(5)or more Government aircraft are regularly based at the airport or on land
adjacent thereto;or
b. The total number of movements(counting each landing as a movement)of
Government aircraft is 300 or more,or the gross accumulative weight of
Government aircraft using the airport(the total movement of Government aircraft
multiplied by gross weights of such aircraft)is in excess of five million pounds.
28.Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any
air traffic control or air navigation activities,or weather-reporting and communication
activities related to air traffic control,any areas of land or water,or estate therein,or
rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction,operation,and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29.Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing
1) boundaries of the airport and all proposed additions thereto,together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and
structures(such as runways,taxiways,aprons,terminal buildings,hangars and '
Airport Sponsor Assurances 312014 Page 14 of 20
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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 i
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 j
determines adversely affects the safety,utility,or efficiency of any federally
owned, leased,or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary,the owner or
operator will, if requested,by the Secretary(1) eliminate such adverse effect in a
manner approved by the Secretary; or(2) bear all costs of relocating such
property(or replacement thereof)to a site acceptable to the Secretary and all costs
of restoring such property(or replacement thereof)to the level of safety,utility,
efficiency,and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall,on the grounds of race,creed,color,national origin,sex, age, or
disability be excluded from participation in,be denied the benefits of,or be otherwise
subjected to discrimination in any activity conducted with,or benefiting from, funds
received from this grant.
a. Using the definitions of activity,facility and program as found and defined in §§
21.23 (b)and 21.23 (e)of 49 CFR§21,the sponsor will facilitate all programs,
operate all facilities,or conduct all programs in compliance with all non-
discrimination requirements imposed by,or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant(or other federal
assistance)for any of the sponsor's program or activities,these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct,expand,renovate,remodel,alter or acquire a facility,or part of a
facility,the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances MOM Page 15 of 20
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3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of,or for the acquisition of real property or an interest
in real property,the assurance will extend to rights to space on, over,or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program,except where the
Federal financial assistance is to provide,or is in the form of,personal property,
or real property,or interest therein,or structures or improvements thereon, in
which case the assurance obligates the sponsor,or any transferee for the longer of
the following periods:
1) So long as the airport is used as an airport,or for another purpose involving
the provision of similar services or benefits;or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language.It will include the following notification in all
solicitations for bids,Requests For Proposals for work,or material under this
grant agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The(Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964(78 Stat.252,42 U.S.C. §§2000d to 2000d4)and the
Regulations,hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement,disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race,color,or national origin
in consideration for an award."
e. Required Contract Provisions.
I) It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally-
assisted programs of the DOT,and incorporating the acts and regulations into
the contracts by reference in every contract or agreement subject to the non-
discrimination in Federally-assisted programs of the DOT acts and
regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations. !
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3) It will insert non-discrimination contract clauses as a covenant running with
the land, in any deed from the United States effecting or recording a transfer
of real property,structures, use, or improvements thereon or interest therein to
a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on
the basis of race,color,national origin,creed,sex,age,or handicap as a
Airport Sponsor Assurances 3/2014 Page 16 of 20
covenant running with the land, in any future deeds, leases, license,permits,
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity,project,or program; and
b) For the construction or use of,or access to,space on,over, or under real
property acquired or improved under the applicable activity,project,or
program.
f. It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it,other recipients,sub-recipients,
sub-grantees,contractors,subcontractors,consultants,transferees,successors in
interest,and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts,the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts,the regulations,and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer,it will dispose of the land,when the land
is no longer needed for such purposes,at fair market value,at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States'share of acquisition of such land will be,at the
discretion of the Secretary,(1)reinvested in another project at the airport,or(2)
transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following,in descending order,(1)
reinvestment in an approved noise compatibility project,(2)reinvestment in an
approved project that is eligible for grant funding under Section 47117(e)of title
49 United States Code,(3)reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114,47115,or 47117 of
title 49 United States Code,(4)transferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project at that airport,
and(5)paid to the Secretary for deposit in the Airport and Airway Trust Fund. If
land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes,the lease will not be
considered a disposal of the land. Revenues derived from such a lease may be
used for an approved airport development project that would otherwise be eligible
for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes(other than
noise compatibility), it will,when the land is no longer needed for airport
purposes,dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States'proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which
is proportionate to the United States'share of the cost of acquisition of such land
will,(1)upon application to the Secretary,be reinvested or transferred to another
Airport Sponsor Assurances 3/2014 Page 17 of 20
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eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order: (1)reinvestment in an approved
noise compatibility project, (2)reinvestment in an approved project that is eligible
for grant funding under Section 47117(e)of title 49 United States Code,(3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114,47115,or 47117 of title 49 United States Code,(4)
transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and(5)paid to the Secretary
for deposit in the Airport and'Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if.
(1) it may be needed for aeronautical purposes(including runway protection
zones)or serve as noise buffer land,and (2)the revenue from interim uses of such
land contributes to the financial self-sufficiency of the airport.Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987,will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987,was notified by the
operator or owner of the uses of such land,did not object to such use,and the land
continues to be used for that purpose,such use having commenced no later than
December 15, 1989.
d. Disposition of such land under(a)(b)or(c)will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
32.Engineering and Design Services.
It will award each contract,or sub-contract for program management,construction
management,planning studies,feasibility studies,architectural services,preliminary
engineering,design, engineering,surveying,mapping or related services with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for
or by the sponsor of the airport.
33.Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which
uses any product or service of a Foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair
and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34.Policies,Standards,and Specifications.
It will carry out the project in accordance with policies,standards,and specifications
approved by the Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects,dated (the latest
approved version as of this grant offer)and included in this grant,and in accordance
Airport Sponsor Assumnces 3/2014 Page r8 of 20
with applicable state policies,standards,and specifications approved by the
Secretary.
35.Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property,to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and
will pay or reimburse property owners for necessary expenses as specified in '
Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit,to the maximum extent practicable,
intercity buses or other modes of transportation to have access to the airport;
however,it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37.Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race,color,national origin or sex in
the award and performance of any DOT-assisted contract covered by 49 CFR Part 26,
or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race,
color,national origin or sex in the administration of.its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts,and/or concession
contracts. The sponsor's DBE and ACDBE programs,as required by 49 CFR Parts
26 and 23,and as approved by DOT,are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program,the Department may
impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1936 (31 U.S.C.3801).
38.Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar
is to be constructed at the airport for the aircraft at the aircraft owner's expense, the
airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
Airport Sponsor Assurances 312014 Pagc 19 of 20
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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 312014 Page 20 of 20
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CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Updated March 20, 2014
View the most current versions of these ACs and any associated changes at
hftp://www.faa.govlairports/resources/advisory_circulars/.
NUMBER f TITLE
7017460-1K Obstruction Marking and LightingY
150/5020-1 -~�Noise Control and Compatibility Planning for Airports50/5070-613
Change 1 Airport Master Plans
F1 50/5070-7- ( The Airport System Planning Progress
F150/5100-13B [Development of State Standards for Non Primary Airports
150/5100-1413 Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
1015
5100-17~ Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1-6 Assisted Projects
150/5200-281) otices to Airmen(NOTAMS)for Airport Operators
15015200-30C Airport Winter Safety and Operations
Change 1
15015200-31 C FAi
Change 2 rport Emergency Plan
150!5210-5D [Painting, Marking and Lighting of Vehicles Used on an Airport
F50_/521 0-7 D Aircraft Rescue and Fire Fighting Communications ---
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B [Airport Rescue Fire Fighting Equipment, Tools and Clothing V_
150/5210-15A Airport Rescue and Firefighting Station Building Design - - ��-
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS)Ground Vehicle Operations on
Airports
150/5220-10E [Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles _
150/5220-16D Automated Weather Observing Systems (AWOS)for Non-Federal
Applications
1
150/5220-176_* , _*____
Aircraft Rescue and Fire Fighting (ARFF)Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150-5220-20
Change Airport Show and Ice Control Equipment
150/5220-21 C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns
1
C1,50/5220-23 onnections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26 Airport --Ground Vehicle Automatic Dependent Surveillance
BBroadcast(ADS-
Changel )Out Squifter Equipment .__.-� __.. �_��_�- f
150/5300-713 FAA Policy on Facility Relocations Occasioned by Airport Improvements or
[Changes
15015300-9B Predesign, Prebid, and Preconstruction Conferences for Airport Grant
Projects
1150/5300-13 A AirortDesign
Change 1
150/5300-14C Design of Aircraft Deicing Facilities
150/5300-15A f Use of Value Engineering for Engineering Design of Airports Grant Projects
11 50/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
11 50/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys
General Guidance and Specifications for Submission of Aeronautical Surveys
150/5300-18B to NGS: Field Data Collection and Geographic Information System (GIS)
Changel Standards
105/5320-6D Surface Drainage Design
150/5320-6E Airport Pavement Design and Evaluation
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
15015320-15A Management of Airport Industrial Waste
2
1150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER) Manuals
115015325-413 Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength-PCN(Draft
approved for use)
for Airport Markings
[46i5 4 -1 L
11 50/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-30G Des�in and Installation Details for Airport Visual Aids
G _'F
F150/5345-3 Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch--
rTecification for L-824 Underground Electrical Cable for Airport Lighting
F15o,5345-7F Circuits
F50/5345-10G—[Specification for Constant Current Regulators and Regulator Monitors
1-r
11 50/5345-12F FSpecification for Airport and Heliport Beacons
[1 50/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
ri 60/5345-26D FAA Specification for L-823 Plug and Receptacle, Cable Connectors
F5_0& -_2 7-EF
5__�45 Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator(PAPI)Systems
11 50/5345-39D [Specification for L-853, Runway and Taxiway Retro reflective Markers
F1Specification for Airport Light Bases,Transformer Housings, Junction Boxes,
50/5345-49G and Accessories*
11 50/5345-43G Specification for Obstruction Lighting Equipment
1 50/5345-44J Specification for
. / / ' and Taxiway Signs
F150/5345-45C [Low-'Impact Resistant-(LIR)Structures
15015345-46D peGification for Runway and Taxiway Light Fixtures
Fs
15015345-47C Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
[I 50/5345-49C 'fication L-854, Radio Control Equipment
1 50/5345-50B Specification for Portable Runway and Taxiway Lights
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FAA 1060- Labor Provisions
FAA 1100—Runway Commissioning
FAA 1310—Environmental Site Assessment
FAA 1750 - Pavement Maintenance
FAA Engineering Briefs
MoDOT MoDOT DBE Program
The MoDOT DBE Program is available on the MoDOT website at the following address:
hftp://www.modot.mo.-gov/business/contractor resourceslextemalcivilri-ghts.htm.
5