HomeMy Public PortalAboutORD16068BILL NO. 2020-020
SPONSORED BY Councilmember Hussey
ORDINANCE NO. l �a O 0
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF
DESIGNING THE APRON MAINTENANCE PROJECT FOR THE JEFFERSON CITY
MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS.-
Section
OLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a grant
agreement with the Missouri Highways and Transportation Commission for the purpose
of designing the apron maintenance project for 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:�,� .� Q
Presiding Officer
ATTEST:
Approved.l_4e4t,�O
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Mayor Carrie Tergin
APPROVED AS TO FORM:
City C erk City Attorn
CCO FORM: MO04 Sponsor: City of Jefferson
Approved: 03/91 (KR) Project No.: 20-040B-1
Revised: 03/17 (MWH) Airport Name: Jefferson City Memorial
Modified:
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
STATE BLOCK GRANT AGREEMENT
SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION
--State Block Grant Agreement
--Federal Authorization - Airport and Airway Improvement
Act of 1982 (as amended)
--Project Description - Planning, Land/Easement Appraisals
and Acquisitions, Surveying, Engineering Design, Construction
1. PURPOSE
2. PROJECT TIME PERIOD
3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY
4. AMOUNT OF GRANT
5. AMOUNT OF MATCHING FUNDS
6. ALLOWABLE COSTS
7. WITHDRAWAL OF GRANT OFFER
8. EXPIRATION OF GRANT OFFER
9. FEDERAL SHARE OF COSTS
10. RECOVERY OF FEDERAL FUNDS
11. PAYMENT
12. ADMINISTRATIVE/AUDIT REQUIREMENTS
13. APPENDIX
14. ASSURANCES/COMPLIANCE
15. LEASES/AGREEMENTS
16. NONDISCRIMINATION ASSURANCE
17. CANCELLATION
18. VENUE
19. LAW OF MISSOURI TO GOVERN
20. WORK PRODUCT
21. CONFIDENTIALITY
22. NONSOLICITATION
23. DISPUTES
24. INDEMNIFICATION
25. HOLD HARMLESS
26. NOTIFICATION OF CHANGE
27. DURATION OF GRANT OBLIGATIONS
28. AMENDMENTS
29. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS
30. ASSIGNMENT
31. BANKRUPTCY
32. COMMISSION REPRESENTATIVE
33. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006
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34. BAN ON TEXTING WHILE DRIVING
35. SUSPENSION AND DEBARMENT
36. SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIVERSAL
IDENTIFIER
37. REQUIRED FEDERAL PROVISIONS
38. EMPLOYEE PROTECTION FROM REPRISAL
SECTION III — PLANNING
39. AIRPORT LAYOUT PLAN
40. AIRPORT PROPERTY MAP
41. ENVIRONMENTAL IMPACT EVALUATION
42. EXHIBIT "A" PROPERTY MAP
SECTION IV - LAND/EASEMENT APPRAISALS AND ACQUISITIONS
43. RUNWAY PROTECTION ZONE
SECTION V - DESIGN
44. ENGINEER'S DESIGN REPORT
45. GEOMETRIC DESIGN CRITERIA
46. PLANS, SPECIFICATION AND ESTIMATES
SECTION VI - CONSTRUCTION
47. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS
48. CONSTRUCTION PROGRESS AND INSPECTION REPORTS
49. WAGE LAWS
50. COMPETITIVE SELECTION OF CONTRACTOR
51. REVIEW OF BIDS AND CONTRACT AWARD
52. NOTICE TO PROCEED
53. DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION
54. LABOR STANDARDS INTERVIEWS
55. AIR AND WATER QUALITY STANDARDS
56. FILING NOTICE OF LANDING AREA PROPOSAL
57. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
58. CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS
59. RESPONSIBILITY FOR PROJECT SAFETY
60. RECORD DRAWINGS
SECTION VII — SPECIAL CONDITIONS
61. SPECIAL CONDITIONS
SECTION VIII — GRANT ACCEPTANCE
--Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to
comply with grant requirements will jeopardize funding eligibility.
--Certificate of sponsor's attorney
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Sponsor: City of Jefferson
Project No. 20-040B-1
Airport Name Jefferson City Memorial
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
STATE BLOCK GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson
(hereinafter, "Sponsor"). Reference will also be made to the Federal Aviation
Administration (hereinafter, "FAA") and the Federal Airport Improvement Program
(hereinafter, "AIP").
WITNESSETH:
WHEREAS, Section 116 of the federal Airport and Airway Safety and Capacity
Expansion Act of 1987 amended the previous Act of 1982 by adding new section 534
entitled "State Block Grant Pilot Program", (Title 49 United States Code Section 47128);
and
WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State
Block Grant Program to be permanent; and
WHEREAS, the Commission has been selected by the FAA to administer state
block grant federal funds under said program; and
WHEREAS, the Sponsor has applied to the Commission for a sub grant under said
program; and
WHEREAS, the Commission has agreed to award funds to the Sponsor with the
understanding that such funds will be used for a project pursuant to this Agreement for
the purposes generally described as follows:
Apron Rehabilitation and Remarking;
NOW, THEREFORE, in consideration of these mutual covenants, promises and
representations, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under the State Block Grant Program.
(2) PROJECT TIME PERIOD: The project period shall be from the date of
execution by the Commission to December 31, 2021. The Commission's chief engineer
may, for good cause as shown by the Sponsor in writing, extend the project time period.
(3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor
shall provide satisfactory evidence of title to all existing airport property and avigation
easements and address any and all encumbrances. Satisfactory evidence will consist of
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the Sponsor's execution of a Certificate of Title form provided by the Commission.
(4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed One
Hundred Forty -Three Thousand Five Hundred Eighty -Six Dollars ($143,586) for eligible
preliminary project costs and/or land/easement acquisition. A grant amendment to cover
the balance of eligible project costs will be provided after construction bids are received.
(A) The amount of this grant stated above represents ninety percent
(90%) of eligible project costs.
(B) The designation of this grant does not create a lump sum quantity
contract, but rather only represents the amount of funding available for qualifying
expenses. In no event will the Commission provide the Sponsor funding for
improvements or work that are not actually performed. The release of all funding under
this Agreement is subject to review and approval of all project expenses to ensure that
they are qualifying expenses under this program.
(5) AMOUNT OF
funds to be furnished by the
Fifty -Four Dollars ($15,954).
MATCHING FUNDS: The initial amount of local matching
Sponsor is not to exceed Fifteen Thousand Nine Hundred
(A) The amount of matching funds stated above represents ten percent
(10%) of eligible project costs.
(B) The Sponsor warrants to the Commission that it has sufficient cash
on deposit to provide the local matching funds identified above, as well as to cover one
hundred percent (100%) of any ineligible items included in the scope of work.
(6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs
that the Commission and/or the FAA has determined to be ineligible or unallowable.
(7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to
amend or withdraw this grant offer at any time prior to acceptance by the Sponsor.
(8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the
Commission shall not be obligated to pay any part of the costs of the project unless this
grant Agreement has been executed by the Sponsor on or before October 1, 2020, or
such subsequent date as may be prescribed in writing by the Commission.
(9) FEDERAL SHARE OF COSTS: Payment of the United States' share of the
allowable project costs will be made pursuant to and in accordance with the provisions of
such regulations, policies and procedures as the Secretary of the United States
Department of Transportation (hereinafter, "USDOT") shall practice. Final determination
of the United States' share will be based upon the audit of the total amount of allowable
project costs and settlement will be made for any upward or downward adjustments to
the federal share of costs.
(10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in
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violation of federal antitrust statutes, or misused in any other manner for any project upon
which federal funds have been expended. The Sponsor shall return the recovered federal
share, including funds recovered by settlement, order or judgment, to the Commission.
The Sponsor shall furnish to the Commission, upon request, all documents and records
pertaining to the determination of the amount of the federal share or to any settlement,
litigation, negotiation, or other effort taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise, involving the recovery of such federal
share shall be approved in advance by the Commission. For the purpose of this grant
Agreement, the term "federal funds" means funds used or disbursed by the Sponsor that
were originally paid pursuant to this or any other federal grant Agreement. The Sponsor
must obtain the approval of the Commission as to any determination of the amount of the
federal share of such funds.
(11) PAYMENT: Payments to the Sponsor are made on an advance basis.
The Sponsor may request incremental payments during the course of the project or a
lump sum payment upon completion of the work. However, this advance payment is
subject to the limitations imposed by paragraph 11(B) of this Agreement.
(A) The Sponsor may request payment at any time subsequent to the
execution of this Agreement by both parties. Requests for reimbursement shall be
supported with invoices. After the Sponsor pays incurred costs, copies of checks used
to pay providers must be submitted to the Commission.
(B) It is understood and agreed by and between the parties that the
Commission shall make no payment which could cause the aggregate of all payments
under this Agreement to exceed ninety percent (90%) of the maximum federal (block
grant) obligation stated in this Agreement or eighty-six percent (86%) of actual total
eligible project cost, whichever is lower, until the Sponsor has met and/or performed all
requirements of this grant Agreement to the satisfaction of the Commission. The final ten
percent (10%) of the maximum federal (block grant) obligation stated in this Agreement
shall not be paid to the Sponsor until the Commission has received and approved all final
closeout documentation for the project.
(C) Within ninety (90) days of final inspection of the project funded under
this grant, the Sponsor shall provide to the Commission a final payment request and all
financial, performance and other reports as required by the conditions of this grant, with
the exception of the final audit report. This report shall be provided when the Sponsor's
normal annual audit is completed.
(D) When force account or donations are used, the costs for land,
engineering, administration, in-kind labor, equipment and materials, etc., may be
submitted in letter form with a breakdown of the number of hours and the hourly charges
for labor and equipment. Quantities of materials used and unit costs must also be
included. All force account activity, donations, etc., must be pre -approved by the
Commission to ensure eligibility for funding.
(12) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be governed
by the administrative and audit requirements as prescribed in Title 49 CFR Parts 18 and
90, respectively.
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(A) If the Sponsor expends seven hundred fifty thousand dollars
($750,000) or more in a year in federal financial assistance, it is required to have an
independent annual audit conducted in accordance with Title 2 CFR Part 200. A copy of
the audit report shall be submitted to the Missouri Department of Transportation
(hereinafter, "MoDOT") within the earlier of thirty (30) days after receipt of the auditor's
report or nine (9) months after the end of the audit period. Subject to the requirements of
Title 2 CFR Part 200, if the Sponsor expends less than seven hundred fifty thousand
dollars ($750,000) in a year, the Sponsor may be exempt from auditing requirements for
that year, but records must be available for review or audit by applicable state and federal
authorities.
(B) When the Sponsor's normal annual audit is completed, the Sponsor
shall provide to the Commission a copy of an audit report that includes the disposition of
all federal funds involved in this project.
(C) In the event a final audit has not been performed prior to the closing
of the grant, the Commission retains the right to recover any appropriate amount of
funding after fully considering interest accrued or recommendations on disallowed costs
identified during the final audit.
(D) The Commission reserves the right to conduct its own audit of the
Sponsor's records to confirm compliance with grant requirements and to ensure that all
costs and fees are appropriate and acceptable.
(13) APPENDIX: An appendix to this Agreement is attached. The appendix
consists of standards, forms and guidelines that the Sponsor shall use to accomplish the
requirements of this Agreement. The appendix items are hereby provided to the Sponsor
and incorporated into and made part of this Agreement.
(14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA
standard airport Sponsor assurances, current FAA advisory circulars (hereinafter, "ACs")
for AIP projects and/or the Commission's specifications, including but not limited to those
as outlined in attached Exhibit 1. These assurances, ACs and the Commission's
specifications are hereby incorporated into and made part of this Agreement. The
Sponsor shall review the assurances, ACs, Commission's specifications and FAA Order
5190.613 entitled "FAA Airport Compliance Manual" dated September 30, 2009, included
in the grant appendix, and notify the Commission of any areas of non-compliance within
its existing facility and/or operations. All non-compliance situations must be addressed
and a plan to remedy areas of non-compliance must be established before final
acceptance of this project and before final payment is made to the Sponsor.
(15) LEASES/AGREEMENTS: The Sponsor shall ensure that its lease
agreements provide for fair market value income and prohibit exclusive rights.
(A) Long term commitments (longer than 5 years) must provide for
renegotiation of the leases'/agreements' terms and payments at least every five (5) years.
(B) Leases/agreements shall not contain provisions that adversely affect
the Sponsor's possession and control of the airport or interfere with the Sponsor's ability
to comply with the obligations and covenants set forth in this grant Agreement.
(16) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Sponsor agrees as follows:
(A) Civil Rights Statutes: The Sponsor shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and Title
VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e, et seq.), as
well as any applicable titles of the Americans with Disabilities Act. In addition, if the
Sponsor is providing services or operating programs on behalf of the Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans with
Disabilities Act.
(B) Administrative Rules: The Sponsor shall comply with the
administrative rules of the USDOT relative to nondiscrimination in federally -assisted
programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by
reference and made part of this Agreement.
(C) Nondiscrimination: The Sponsor shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Sponsor shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5,
including employment practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Sponsor. These apply to all solicitations either by
competitive bidding or negotiation made by the Sponsor for work to be performed under
a subcontract, including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the Sponsor of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The Sponsor shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Commission or the USDOT to
be necessary to ascertain compliance with other contracts, orders and instructions.
Where any information required of the Sponsor is in the exclusive possession of another
who fails or refuses to furnish this information, the Sponsor shall so certify to the
Commission or the USDOT as appropriate and shall set forth what efforts it has made to
obtain the information.
(F) Sanctions for Noncompliance: In the event the Sponsor fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the USDOT may determine to be appropriate,
including but not limited to:
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1. Withholding of payments under this Agreement until the
Sponsor complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Sponsor shall include the
provisions of Paragraph (16) of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
USDOT. The Sponsor will take such action with respect to any subcontract or
procurement as the Commission or the USDOT may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided that in the event the Sponsor
becomes involved or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Sponsor may request the United States to enter into such
litigation to protect the interests of the United States.
(17) CANCELLATION: The Commission may cancel this Agreement at any time
the Sponsor breaches the contractual obligations by providing the Sponsor with written
notice of cancellation. Should the Commission exercise its right to cancel the Agreement
for such reasons, cancellation will become effective upon the date specified in the notice
of cancellation sent to the Sponsor.
(A) Upon written notice to the Sponsor, the Commission reserves the
right to suspend or terminate all or part of the grant when the Sponsor is, or has been, in
violation of the terms of this Agreement. Any lack of progress that significantly endangers
substantial performance of the project within the specified time shall be deemed a
violation of the terms of this Agreement. The determination of lack of progress shall be
solely within the discretion of the Commission. Once such determination is made, the
Commission shall so notify the Sponsor in writing. Termination of any part of the grant
will not invalidate obligations properly incurred by the Sponsor prior to the date of
termination.
(B) The Commission shall have the right to suspend funding of the
project at any time and for so long as the Sponsor fails to substantially comply with all the
material terms and conditions of this Agreement. If the Commission determines that
substantial noncompliance cannot be cured within thirty (30) days, then the Commission
may terminate the funding for the project. If the Sponsor fails to perform its obligations in
substantial accordance with the Agreement (except if the project has been terminated for
the convenience of the parties) and the FAA requires the Commission to repay grant
funds that have already been expended by the Sponsor, then the Sponsor shall repay the
Commission such federal funds.
(18) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(19)
LAW OF MISSOURI TO GOVERN
This Agreement shall be construed
according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission shall remain the property of the Sponsor.
However, Sponsor shall provide to the Commission a copy of magnetic discs that contain
computer aided design and drafting (CADD) drawings and other documents generated
under this grant. Information supplied by the Commission shall remain the property of
the Commission. The Sponsor shall also supply to the Commission hard copies of any
working documents such as reports, plans, specifications, etc., as requested by the
Commission.
(21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor
shall notify the Commission immediately of any request for such information.
(22) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(23) DISPUTES: Any disputes that arise under this Agreement shall be decided
by the Commission or its representative.
(24) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Sponsor shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the Sponsor's
wrongful or negligent performance of its obligations under this Agreement.
(B) The Sponsor will require any contractor procured by the Sponsor to
work under this Agreement:
(1) To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of Transportation
and its employees, as additional named insureds in amounts sufficient to cover the
sovereign immunity limits for Missouri public entities ($500,000 per claimant and
$3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to each
party's applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
(25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless from
any and all claims for liens of labor, services or materials furnished to the Sponsor in
connection with the performance of its obligations under this Agreement. Certification
statements from construction contractors must be provided to ensure all workers, material
suppliers, etc., have been paid.
(26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any changes in conditions or law which may significantly affect its ability
to perform the project in accordance with the provisions of this Agreement. Any notice or
other communication required or permitted to be given hereunder shall be in writing and
shall be deemed given three (3) days after delivery by United States mail, regular mail
postage prepaid, or upon receipt by personal, facsimile or electronic mail (email) delivery,
addressed as follows:
Commission: Administrator of Aviation
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102
(573) 526-7912
(573) 526-4709 FAX
email:
Sponsor: Britt Smith
Department of Public Works
Operations Division Director
City of Jefferson City
320 E. McCarty Street
Jefferson City, MO 65101
(573) 634-6450
(573) 634-6457 FAX
email: bsmith@jeffcitymo.org
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile or email delivery shall be followed by delivery of the original
document, or a clear and legible copy thereof, within three (3) business days of the date
of the facsimile or email transmission of the document.
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(27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for
the useful life of any facilities/equipment installed with grant funds as stipulated in
attached Exhibit 1, but in any event not to exceed twenty (20) years. There shall be no
limit on the duration of the assurance, referenced in paragraph B of said Exhibit 1 against
exclusive rights or terms, conditions and assurances, referenced in paragraph B-1 of said
Exhibit 1, with respect to real property acquired with federal funds. Paragraph (27) equally
applies to a private sponsor. However, in the case of a private sponsor, the useful life for
improvements shall not be less than ten (10) years.
(A) The financial assistance provided hereunder constitutes a grant to
the Sponsor. Neither the Commission nor the FAA will have title to the improvements
covered by this grant, as title to same shall vest in the Sponsor.
(B) For the period as specified in this Paragraph, the Sponsor becomes
obligated, upon any sale or disposition of the airport or discontinuation of operation of the
airport to immediately repay, in full, the grant proceeds or proportionate amount thereof
based upon the number of years remaining in the original obligation to the Commission.
The Commission and the Sponsor hereby agree that during said period, the property and
improvements which constitute the subject airport are subject to sale, if necessary, for the
recovery of the federal pro rata share of improvement costs should this Agreement be
terminated by a breach of contract on the part of the Sponsor or should the
aforementioned obligations not be met.
(C) In this Section, the term "any sale or disposition of the airport" shall
mean any sale or disposition of the airport: (i) for a use inconsistent with the purpose for
which the Commission's share was originally granted pursuant to this Agreement; or (ii)
for a use consistent with such purposes wherein the transferee in the sale or disposition
does not enter into an assignment and assumption Agreement with the Sponsor with
respect to the Sponsor's obligation under the instrument so that the transferee becomes
obligated there under as if the transferee had been the original owner thereof.
(28) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Sponsor and the Commission.
(29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts
for professional services are to be procured by competitive proposals per federal
procurement requirements (Title 49 CFR, Section 18.36). Requests for
proposals/qualifications are to be publicly announced for services expected to cost more
than one hundred thousand dollars ($100,000) in the aggregate. Small purchase
procedures (telephone solicitations or direct mail) may be used for services costing one
hundred thousand dollars ($100,000) or less. All professional services contracts are
subject to review and acceptance by the Commission prior to execution by the Sponsor
to ensure funding eligibility.
(30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
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by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Sponsor responsible for damages.
(32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by written
notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(33) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006: The Sponsor shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 CFR Part 170.
(34) BAN ON TEXTING WHILE DRIVING: In accordance with Executive Order
13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009,
and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the
Sponsor is encouraged to:
(A) Adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government, including work relating
to a grant or subgrant.
(B) Conduct workplace safety initiatives in a manner commensurate with
the size of the business, such as:
1. Establishment of new rules and programs or re-evaluation of
existing programs to prohibit text messaging while driving; and
2. Education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
(35) SUSPENSION AND DEBARMENT: Sponsors entering into "covered
transactions", as defined by 2 CFR § 180.200, must:
(A) Verify the non-federal entity is eligible to participate in this Federal
program by:
1. Checking the excluded parties list system (EPLS) as
maintained within the System for Award Management (SAM) to determine if non-federal
entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity
attesting they are not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting
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individual or firm are not excluded or disqualified from participating; and
(B) Require prime contractors to comply with 2 CFR § 180.330 when
entering into lower -tier transactions (e.g. subcontracts).
(36) SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND
UNIVERSAL IDENTIFIER:
(A) Requirement for System for Award Management (hereinafter,
"SAM"): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the
Sponsor must maintain the currency of its information in the SAM until the Commission
submits the final financial report required under this grant, or receives the final payment,
whichever is later. This requires that the Commission review and update the information
at least annually after the initial registration and more frequently if required by changes in
information or another award term. Additional information about registration procedures
may be found at the SAM website (currently at http://www.sam.gov).
(B) Requirement for Data Universal Numbering System (hereinafter,
"DUNS") Numbers:
1. The Sponsor that it cannot receive a subgrant unless it has
provided its DUNS number to the Commission.
2. The Commission may not make a subgrant to the Sponsor
unless it has provided its DUNS number to the Commission.
3. Data Universal Numbering System: DUNS number means the
nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to
uniquely identify business entities. A DUNS number may be obtained from D & B
by telephone (currently 866-608-8220) or on the web (currently at
http://fedqov/dnb/com/webform).
(37) REQUIRED FEDERAL PROVISIONS: The Sponsor shall incorporate all
required federal contract provisions that apply to this Project in its contract documents.
(38) EMPLOYEE PROTECTION FROM REPRISAL:
(A) Prohibition of Reprisals -
1 .
eprisals:
1. In accordance with 41 U.S.C. §4712, an employee of the
Sponsor may not be discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing to a person or body described in subparagraph (A)2, information
that the employee reasonably believes is evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
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C. An abuse of authority relating to implementation or use
of Federal funds;
d. A substantial and specific danger to public health or
safety; or
e. A violation of law, rule, or regulation related to a
Federal grant.
2. The persons and bodies to which a disclosure by an employee
is covered are as follows:
committee of Congress;
of a grant program;
a. A member of Congress or a representative of a
b. An Inspector General;
C. The Government Accountability Office;
d. A Federal office or employee responsible for oversight
e. A court or grand jury;
f. A management office of the Sponsor; or
g. A Federal or State regulatory enforcement agency.
(B) Submission of Complaint: A person who believes that they have
been subjected to a reprisal prohibited by Paragraph (A) of this grant term may submit a
complaint regarding the reprisal to the Office of Inspector General for the U.S. Department
of Transportation.
(C) Time Limitation for Submittal of a Complaint: A complaint may not be
brought under this subsection more than three years after the date on which the alleged
reprisal took place.
(D) Required Actions of the Inspector General: Actions, limitations, and
exceptions of the Inspector General's office are included under 41 U.S.C. §4712(b).
(E) Assumption of Rights to Civil Remedy: Upon receipt of an
explanation of a decision not to conduct or continue an investigation by the Office of
Inspector General, the person submitting a complaint assumes the right to a civil remedy
under 41 U.S.C. §4712(c).
(39) AIRPORT LAYOUT PLAN: All improvements must be consistent with a
current and approved Airport Layout Plan (hereinafter, "ALP"). The Sponsor shall update
and keep the ALP drawings and corresponding narrative report current with regard to the
FAA Standards and physical or operational changes at the airport.
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(A) ALP approval shall be governed by FAA Order 5100.38, entitled
"Airport Improvement Program Handbook."
(B) If ALP updates are required as a result of this project, the Sponsor
understands and agrees to update the ALP to reflect the construction to standards
satisfactory to the Commission and submit it in final form to the Commission. It is further
mutually agreed that the reasonable cost of developing said ALP Map is an allowable
cost within the scope of this project.
(40) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a
part of the ALP, a drawing which indicates how various tracts/parcels of land within the
airport's boundaries were acquired (i.e., federal funds, surplus property, local funds only,
etc.). Easement interests in areas outside the fee property line shall also be included. A
screened reproducible of the Airport Layout Drawing may be used as the base for the
property map.
(41) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate
the potential environmental impact of this project per FAA Order 5050.413, entitled
"National Environmental Policy Act Implementing Instructions for Airport Actions."
Evaluation must include coordination with all resource agencies that have jurisdiction over
areas of potential environmental impact and a recommended finding such as categorical
exclusion, no significant impact, level of impact and proposed mitigation, etc.
(42) EXHIBIT "A" PROPERTY MAP: The Sponsor's existing Exhibit "A"
Property Map dated June 2016 will be updated as part of Project 18-04013-1.
(43) RUNWAY PROTECTION ZONE: The Sponsor agrees to take the following
actions to maintain and/or acquire a property interest, satisfactory to the Commission and
the FAA, in the Runway Protection Zones:
(A) Existing Fee Title Interest in the Runway Protection Zone: The
Sponsor agrees to prevent the erection or creation of any structure, place of public
assembly or other use in the Runway Protection Zone, as depicted on the Exhibit "A"
Property Map and the approved ALP, except for NAVAIDS that are fixed by their
functional purposes or any other structure permitted by the Commission and the FAA.
The Sponsor further agrees that any existing structures or uses within the Runway
Protection Zone will be cleared or discontinued by the Sponsor unless approved by the
Commission and the FAA.
(B) Existing Easement Interest in the Runway Protection Zone: The
Sponsor agrees to take any and all steps necessary to ensure that the owner of the land
within the designated Runway Protection Zone will not build any structure in the Runway
Protection Zone that is an airport hazard or which might create glare or misleading lights
or lead to the construction of residences, fuel handling and storage facilities, smoke
generating activities, or places of public assembly, such as churches, schools, office
buildings, shopping centers, and stadiums.
(44 )
ENGINEER'S DESIGN REPORT
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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.
(45) GEOMETRIC DESIGN CRITERIA: The Sponsor shall use the geometric
design criteria promulgated by the FAA in the AC series and in FAA Orders. The Sponsor
may request and receive approval for adaptation of said criteria where the FAA and the
Commission concur that such adaptation is appropriate considering safety, economy and
efficiency of operation.
(46) 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.
The Commission and the Sponsor agree that the Commission approval of the Sponsor's
Plans and Specifications is based primarily upon the Sponsor's certification to carry out
the project in accordance with policies, standards, and specifications approved by the
FAA. The Sponsor understands that:
1. The Sponsor's certification does not relieve the Sponsor of the
requirement to obtain prior Commission approval for modifications to any AIP standards
or to notify the Commission of any limitations to competition within the project;
2. The Commission's acceptance of a Sponsor's certification
does not limit the Commission from reviewing appropriate project documentation for the
purpose of validating the certification statements; and
3. If the Commission determines that the Sponsor has not
complied with their certification statements, the Commission will review the associated
project costs to determine whether such costs are allowable under AIP.
(47) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In
conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a
construction observation/inspection program setting forth a format for accomplishment of
resident observation, construction inspection and overall quality assurance.
(48) 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
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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 on the FAA Form 5370-1 ("Construction Project and
Inspection Report"), completed by the resident project representative. A weekly summary
of tests completed shall be included.
(B) Prior to final acceptance, the Sponsor shall provide to the
Commission a testing summary report bearing the engineer's seal and including a
certification from the engineer that the completed project is in compliance with the plans
and specifications.
(49) WAGE LAWS: The Sponsor and its contractors and subcontractors shall
pay the prevailing hourly rate of wages for each craft or type of worker required to execute
this project work as determined by the Department of Labor and Industrial Relations of
Missouri, and they shall further comply in every respect with the minimum wage laws of
Missouri and the United States. Federal wage rates under the Davis -Bacon or other
federal acts apply to and govern this Agreement also for such work which is performed at
the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement is subject to the "Contract
Work Hours and Safety Standards Act", as amended (40 U.S.C. Sections 327, et seq.),
and its implementing regulations. The Sponsor shall take the acts which may be required
to fully inform itself of the terms of, and to comply with, state and federal laws.
(50) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to
be accomplished by contract is to be competitively bid in accordance with federal
procurement requirements, located at 49 CFR Part 18. Bid notices should be published
in a qualified (local or area) newspaper or other advertisement publication located in the
same county as the airport project as a minimum.
(51) 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.
(52) NOTICE TO PROCEED: After the Commission receives copies of the
executed construction contract between the Sponsor and the contractor, the performance
and payment bonds and any other documentation as required by this Agreement, the
Commission will authorize the Sponsor to issue a notice to proceed with construction.
(A) Notice to proceed shall not be issued until the Sponsor has provided
satisfactory evidence of acceptable title to the land on which construction is to be
performed. Ownership status of existing airport property as well as any land or
easements acquired under this project must be included in a Certificate of Title tied to a
current Exhibit "A" property map.
(B) The Sponsor shall issue a notice to the contractor within ten (10)
days of authorization by the Commission, unless otherwise approved by the Commission.
(C) Any construction work performed prior to the Sponsor's issuance of
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a Notice to Proceed shall not be eligible for funding participation.
(53) DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION: The
Sponsor shall notify prospective bidders that DBEs will be afforded full and affirmative
opportunity to submit bids in response to the invitation and will not be discriminated
against on grounds of race, color, sex or national origin in consideration for an award.
(A) The goal for this project to be awarded to DBE firms shall be
established by the Commission based on the engineer's construction cost estimate
included in the design report. The goal will be a percentage of the federal portion of the
contract costs less the amount expended for land, easements, the Sponsor's in-house
administration, force account work and any noncontractual costs. Failure to meet the
DBE goal can render a bid proposal nonresponsible at the Commission's discretion.
(B) The Sponsor shall conduct field reviews and interviews with workers
to ensure that the portion of the work identified in the construction contract to be
performed by DBE firms is so performed. Results of these interviews shall be submitted
to the Commission with the weekly construction progress reports.
(54) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic
random interviews with the workers to assure that they are receiving the established
prevailing wages. Results of these interviews shall be submitted to the Commission with
the weekly construction progress reports.
(55) AIR AND WATER QUALITY STANDARDS: Approval of the project is
conditioned on the Sponsor's compliance with the applicable air and water quality
standards in accomplishing project construction and in operating the airport. Failure to
comply with this requirement may result in suspension, cancellation or termination of
federal assistance under this Agreement.
(56) FILING NOTICE OF LANDING AREA PROPOSAL: When a project
involving changes to the runway will be implemented at an airport, the Sponsor must
submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the FAA not less than
one hundred twenty (120) days prior to commencement of any construction or alteration.
A copy of the form as filed with the FAA and the FAA airspace determination letter must
be provided to the Commission. This form must be submitted for any projects that involve
the widening, lengthening or reconstruction of an existing runway or construction of a new
runway. When the funded project is strictly a master plan/site selection, this form will be
submitted for the final three proposed sites prior to development of the ALP.
(57) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:
When a development project that does not involve changes to the runway will be
implemented at an airport, the Sponsor must submit FAA Form 7460-1 ("Notice of
Proposed Construction of Alteration") to the FAA not less than one hundred twenty (120)
days prior to commencement of any construction or alteration. A copy of the form as filed
with the FAA and the FAA airspace determination letter must be provided to the
Commission. This form must be submitted for construction of any permanent structures
on the airport, temporary structures over 20 feet in height or use of construction
equipment over 20 feet tall. It is not necessary for routine construction projects, unless
1111iF:3
they include above ground installations.
(58) 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.
(59) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the
project, the Sponsor shall be responsible for the installation of any signs, markers or other
devices required for the safety of the public. All markers or devices required shall conform
with all applicable FAA regulations or specifications.
(A) The Sponsor shall ensure that a safety plan is included in the
contract documents and that the Contractor complies with the safety plan during
construction.
(B) It is also the responsibility of the Sponsor to issue, through the
applicable FAA Flight Service Station, any and all Notices to Airmen that may be required.
Copies of notices shall also be sent to the Commission as soon as they are filed with the
FAA.
(60) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line
or black line as -built construction plans and two (2) sets of the updated ALP with a
narrative report to the Commission upon project completion. The Sponsor understands
and agrees to update the ALP to reflect the construction to standards satisfactory to the
Commission and submit it in final form to the Commission. It is further mutually agreed
that the reasonable cost of developing said ALP Map is an allowable cost within the scope
of this project. The Commission will forward one (1) set of the approved updated ALP to
the FAA Central Region office.
(61) SPECIAL CONDITIONS: The following special conditions are hereby made
part of this Agreement:
(A) Lobbying and Influencing Federal Employees: All contracts awarded
by the Sponsor shall include the requirement for the recipient to execute the form entitled
"CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGREEMENTS" included in the grant appendix.
This requirement affects grants or portions of a grant exceeding one
hundred thousand dollars ($100,000).
(B) Buy America Requirements: Unless otherwise approved by the
Commission and the FAA, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any iron, steel or manufactured products produced outside of
the United States to be used for any project for airport development or noise compatibility
for which funds are provided under this grant. The Sponsor will include in every contract
a provision implementing this special condition.
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(C) Safety Inspection: The Sponsor shall eliminate all deficiencies
identified in its most recent annual safety inspection report (FAA Airport Master Record
Form 5010-1). If immediate elimination is not feasible, as determined by the Commission,
the Sponsor shall provide a satisfactory plan to eliminate the deficiencies and shall
include this plan with phased development as outlined in a current and approved airport
layout plan.
(D) Grant Made on Preliminary Plans and Specifications and/or
Estimates: The Sponsor understands and agrees that this grant is made and accepted
upon the basis of preliminary plans, specifications and/or estimates. The parties agree
that within 120 calendar days from the date of acceptance of this grant, the Sponsor
shall furnish final plans and specifications to the Commission. Construction work shall
not commence, and a contract shall not be awarded for the accomplishment of such work,
until the final plans and specifications have been accepted by the Commission. Any
reference made in this grant to plans and specifications shall be considered a reference
to the final plans and specifications as accepted.
Since this grant is made on preliminary plans and specifications and/or estimates,
the grant amount is subject to revision (increase or decrease) after actual project costs
are determined through negotiations, appraisals and/or bids. The Sponsor agrees that
said revision will be at the sole discretion of the Commission.
(E) Sponsor's Disadvantaged Business Enterprise (DBE) Program:
When the grant amount exceeds two hundred fifty thousand dollars ($250,000), the
Sponsor hereby adopts the Commission's Disadvantaged Business Enterprise
(hereinafter, "DBE") program that is incorporated into this grant agreement by reference.
Only DBE firms certified by the Commission will qualify when considering DBE goal
accomplishments.
(F) Disadvantaged Business Enterprise Required Statements:
(1) Policy: It is the policy of the USDOT that DBEs, as defined in
49 CFR Part 26, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under this agreement.
Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement.
(2) Contract Assurance: The Commission and the Sponsor will
ensure that the following clause is placed in every USDOT-assisted contract and
subcontract:
"The contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The
contractor shall carry out the applicable requirements of Title 49 Code of
Federal Regulations, Part 26 in the award and administration of any United
States Department of Transportation -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate."
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(This assurance shall be included in each subcontract the prime contractor
signs with a subcontractor.)
(3) Federal Financial Assistance Agreement Assurance: The
Commission and the Sponsor agree to and incorporate the following assurance into their
day-to-day operations and into the administration of all USDOT-assisted contracts; where
"recipient" means MoDOT and/or any MoDOT grantee receiving USDOT assistance:
"MoDOT and the Sponsor shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any United States
Department of Transportation -assisted contract or in the administration of
the United States Department of Transportation's DBE Program or the
requirements of Title 49 Code of Federal Regulations, Part 26. The
recipient shall take all necessary and reasonable steps under Title 49 Code
of Federal Regulations, Part 26 to ensure nondiscrimination in the award
and administration of United States Department of Transportation -assisted
contracts. The recipient's DBE Program, as required by Title 49 Code of
Federal Regulations, Part 26 and as approved by the United States
Department of Transportation, is incorporated by reference into this
agreement. Implementation of this program is a legal obligation and for
failure to carry out its approved program, the United States Department of
Transportation may impose sanctions as provided for under Part 26 and
may, in appropriate cases, refer the matter for enforcement under Title 18
United States Code, Section 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (Title 31 United States Code, Section 3801 et seq.)."
The Commission and the Sponsor shall ensure that all recipients of
USDOT-assisted contracts, funds, or grants incorporate, agree to and comply with the
assurance statement.
(4) Prompt Payment: The Commission and the Sponsor shall
require all contractors to pay all subcontractors and suppliers for satisfactory performance
of services in compliance with section 34.057 RSMo, Missouri's prompt payment statute.
Pursuant to section 34.057 RSMo, the Commission and the Sponsor also require the
prompt return of all retainage held on all subcontractors after the subcontractors' work is
satisfactorily completed, as determined by the Sponsor and the Commission.
All contractors and subcontractors must retain records of all payments
made or received for three (3) years from the date of final payment, and these records
must be available for inspection upon request by any authorized representative of the
Commission, the Sponsor or the USDOT. The Commission and the Sponsor will maintain
records of actual payments to DBE firms for work committed to at the time of the contract
award.
The Commission and the Sponsor will perform audits of contract payments
to DBE firms. The audits will review payments to subcontractors to ensure that the actual
amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the
schedule of DBE participation and that payment was made in compliance with section
34.057 RSMo.
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(5) MoDOT DBE Program Regulations: The Sponsor, contractor
and each subcontractor are bound by MoDOT's DBE Program regulations, located at Title
7 Code of State Regulations, Division 10, Chapter 8.
(G) Disadvantaged Business Enterprises—Professional Services: DBEs
that provide professional services, such as architectural, engineering, surveying, real
estate appraisals, accounting, legal, etc., will be afforded full and affirmative opportunity
to submit qualification statements/proposals and will not be discriminated against on the
grounds of race, color, sex or national origin in consideration for selection for this project.
The DBE goals for professional services will be determined by the Commission at the
time each proposed service contract is submitted for the Commission's approval.
(H) Consultant Contract and Cost Analysis: The Sponsor understands
and agrees that no reimbursement will be made on the consultant contract portion of this
grant until the Commission has received the consultant contract, the Sponsor's analysis
of costs, and the independent fee estimate.
(1) Pavement Maintenance Management Program: The Sponsor
agrees that it will implement an effective airport pavement maintenance management
program as required by Grant Assurance Pavement Preventive Management. The
Sponsor agrees that it will use the program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. The Sponsor
further agrees that the program will:
1. Follow FAA Advisory Circular 150/5380-6, "Guidelines and
Procedures for Maintenance of Airport Pavements", for specific guidelines and
procedures for maintaining airport pavements, establishing an effective maintenance
program, specific types of distress and its probable cause, inspection guidelines, and
recommended methods of repair;
2. Detail the procedures to be followed to assure that proper
pavement maintenance, both preventive and repair, is performed;
3. Include a Pavement Inventory, Inspection Schedule, Record
Keeping, Information Retrieval, and Reference, meeting the following requirements:
a. Pavement Inventory. The following must be depicted
in an appropriate form and level of detail:
rehabilitation.
Location of all runways, taxiways, and aprons;
ii. Dimensions;
iii. Types of pavement; and
iv. Year of construction or most recent major
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b. Inspection Schedule.
i. Detailed Inspection. A detailed inspection must
be performed at least once a year. If a history of recorded pavement deterioration is
available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular
150/5380-6, the frequency of the inspections may be extended to three years.
ii. Drive -By Inspection. A drive-by inspection must
be performed a minimum of once per month to detect unexpected changes in the
pavement condition. For drive-by inspections, the date of inspection and any
maintenance performed must be recorded.
4. Record Keeping. Complete information on the findings of all
detailed inspections and on the maintenance performed must be recorded and kept on
file for a minimum of five years. The type of distress, location, and remedial action,
scheduled or performed, must be documented. The minimum information is:
A. Inspection date;
B. Location;
C. Distress types; and
D. Maintenance scheduled or performed.
5. Information Retrieval System. The Sponsor must be able to
retrieve the information and records produced by the pavement survey to provide a report
to the Commission as may be required.
(J) Maintenance Project Life: The Sponsor agrees that pavement
maintenance is limited to those aircraft pavements that are in sufficiently sound condition
that they do not warrant more extensive work, such as reconstruction or overlays in the
immediate or near future. The Sponsor further agrees that AIP funding for the pavements
maintained under this project will not be requested for more substantial type rehabilitation
(more substantial than periodic maintenance) for a five year period following the
completion of this project unless the Commission determines that the rehabilitation or
reconstruction is required for safety reasons.
(K) Projects Which Contain Paving Work in Excess of $250,000: The
Sponsor agrees to:
1. Furnish a construction management program to the
Commission prior to the start of construction which details the measures and procedures
to be used to comply with the quality control provisions of the construction contract,
including, but not limited to, all quality control provisions and tests required by the Federal
and/or Commission specifications. The program must include at a minimum:
A. The name of the person representing the Sponsor who
has overall responsibility for contract administration for the project and the authority to
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take necessary actions to comply with the contract;
B. Names of testing laboratories and consulting engineer
firms with quality control responsibilities on the project, together with a description of the
services to be provided;
C. Procedures for determining that the testing laboratories
meet the requirements of the American Society of Testing and Materials Standards on
laboratory evaluation referenced in the contract specifications (D 3666, C 1077);
D. Qualifications of engineering supervision and
construction inspection personnel;
E. A listing of all tests required by the contract
specifications, including the type and frequency of tests to be taken, the method of
sampling, the applicable test standard, and the acceptance criteria or tolerances
permitted for each type of test; and
F. Procedures for ensuring that the tests are taken in
accordance with the program, that they are documented daily, and that the proper
corrective actions, where necessary, are undertaken.
2. Submit at completion of the project, a final test and quality
control report documenting the results of all tests performed, highlighting those tests that
failed or that did not meet the applicable test standard. The report must include the pay
reductions applied and the reasons for accepting any out -of -tolerance material. An
interim test and quality control report must be submitted, if requested by the Commission.
3. Failure to provide a complete report as described in
Subparagraph (B) above, or failure to perform such tests, will, absent any compelling
justification, result in a reduction in Federal participation for costs incurred in connection
with construction of the applicable pavement. Such reduction will be at the discretion of
the Commission and will be based on the type or types of required tests not performed or
not documented and will be commensurate with the proportion of applicable pavement
with respect to the total pavement constructed under the grant agreement.
4. The Commission, at its discretion, reserves the right to
conduct independent tests and to reduce grant payments accordingly if such independent
tests determine that sponsor test results are inaccurate.
[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.
Executed by the Sponsor this % day of , 20�
Executed by the Commission this 'day of�Ct be V- 20 7CJ
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
By
Title Chief Engineer
Attes .
e tary to the Com issionEKily
-25-
CITY OF JEFFERSON
By
Mayor Carrie Tergin
Title Mayor
Title Citv Clerk
Ordinance No.
(if applicable)
CERTIFICATE OF SPONSOR'S ATTORNEY
I, AlAheJ apehirnan , acting as attorney for the Sponsor, do
hereby certify that in my opinion, the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have examined the
foregoing grant Agreement, and the actions taken by said Sponsor and Sponsor's official
representative have been duly authorized and the execution thereof is in all respects due
and proper and in accordance with the laws of the said state and the Airport and Airway
Improvement Act of 1982, as amended. In addition, for grants involving projects to be
carried out on property not owned by the Sponsor, there are no legal impediments that
will prevent full performance by the Sponsor. Further, it is my opinion that the said grant
constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
SPONSOR: City of Jefferson
Radn hl
Name bf Sponsor's Aft ey (typed)
Signat a sponsor's Attorney
Date
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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 and are available on the MoDOT website
(http://www.modot.mo.govn, the FAA website (http://www.faa.gov/index.cfm), the State
Block Grant Program Guidance Handbook or other website as indicated.
EXHIBIT 1
Aviation - Grant Programs, Documentation, Guidance
State Block Grant Program (Federal Funds)
MoDOT Guidance Handbook
o About the Handbook (26 kb, I page)
o Index (57 kb, 3 pages)
o Section 1 - Grant Application and Project Selection (35 kb, 5 pages)
o Section 2 - Project Environmental Requirements (27 kb, 3 pages)
o Section 3 - Airport Planning Projects (29 kb, 4 pages)
o Section 4 - Land Acquisition (14 kb, 3 pages)
o Section 5 - Procurement of Engineering Services (35 kb, 4 pages)
o Section 6 - Project Development (77 kb, 11 pages)
o Federal -Required Documentation Checklist (Advertising) (38 kb, 1 page)
o Federal -Required Documentation Checklist (Construction Projects) (38 kb, 1 page)
FAA Airport Sponsor Guide
State Aviation Trust Fund Program (State Funds)
• State Aviation Trust Fund Program Procedures (51 kb, 5 pages)
• State Required Documentation Checklist (44 kb, I page)
Sponsor CIP Submittal
• Sponsor's Guide on Submitting CIP (980 kb, 11 pages)
• MoDOT AirportIQ System Manager (ASM) Website
Financial Forms
• Grant Funding Application (424 kb, 22 pages)
• Air Service Development Application
• State Transportation Assistance Revolving (STAR) Loan Application
• Outlay Report and Request for Reimbursement (Federal 95%) (Form 271) (106 kb, I page)
• Request for Payment (State 90%) (100 kb, 1 page)
Consultant Procurement
• Sample Advertisement Consultant Selection
• ACEC MO Qualifications Based Selection (QBS) Guidance
• MSPE Qualifications Based Selection (QBS) Guidance
Federally Funded Projects
• FAA Advisory Circular 150/1500 -14E -Architectural, Engineering, and Planning Consultant Services For Airport
Grant Projects
• Aviation Project Consultant Agreement (256 kb, 43 pages)
-Exhibit IV- Derivation of Consultant Project Costs (530, 1 page)
-Exhibit V - Engineering Basic and Special Services -Cost Breakdown 67 kb, 1 page)
• Aviation Project Consultant Supplemental Agreement No. 1 (103 kb, 5 pages)
-Exhibit IV- Derivation of Consultant Project Costs (Construction) (56 kb, 1 page)
-Exhibit V - Engineering Construction Services -Cost Breakdown (65 kb, I 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)
Stare Funded Projects
• Missouri Revised Statutes Sections 8.285-8.291 (23 kb, 2 pages)
• State Aviation Trust Fund Project Consultant Agreement (189 kb, 35 pages)
-Exhibit IV- Derivation of Consultant Project Costs (53 kb, I page)
-Exhibit V - Engineering Basic and Special Services -Cost Breakdown (67 kb, I page)
• Sample Letter of Recommendation of Approval for Project Consultant Agreement (22 kb, I page)
• Certification of Compliance (form) (33 kb, I 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, I 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
• Undocumented Categorical Exclusion Letter (Environmental Clearance Letter) (21kb, I page)
• Documented Categorical Exclusion -FAA SOP 5.XX (355 kb, 8 pages)
• Documented Categorical Exclusion-MoDOT Signature Page (24 kb, I page)
Compliance
• Compliance Guidance
• Standard DOT Title VI Assurances (43 kb, 4 pages)
• Sponsor Questionnaire -Airport Compliance Status (130 kb, 16 pages)
• FAA/MoDOT Lease Requirements, Recommendations, and Guidance (95 kb, 5 pages)
Utility Adjustments
• Utility Agreement (71 kb, 36 pages)
Engineering, Design, and Construction
• Sponsor Certifications For Federally Funded Projects
o Sponsor Certification for Conflict of Interest
o Sponsor Certification for Drug -Free Workplace
o Sponsor Certification for Projects Plans and Specifications (46 kb, 2 pages)
o Sponsor Certification for Equipment/Construction Contracts (46 kb, 3 pages)
o Sponsor Certification for Construction Project Final Acceptance (46 kb, 3 pages)
o Sponsor Certification for Equipment Final Acceptance (38 kb, 2 pages)
• Construction Project Items
Federal Projects
Weekly DBE Compliance Review Report (38 kb, 2 pages)
Federal & State Projects
o Sample Letter of Recommendation to Award for Construction Contracts (22 kb, I page)
o Weekly Construction Progress and Inspection Report (35 kb, I 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, I page)
• Project Closeout Items
Federal Projects
Sample Certification Letter from Prime Contractor Regarding DBE's (24 kb, 1 page)
DBE Documentation — Final Construction Report
Federal & State Projects
o Final Testing Report (Checklist) (70 kb, 3 pages)
o Electrical Systems Testing Report (36 kb, I page)
o Precision Approach Path Indicator (DAPI) Inspection Report (47 kb, I page)
o Contractors Certification Regarding Settlement of Claims (37 kb, 12 pages)
• 11MoDOT Construction Specifications
Federally Funded Projects
o Federal -Preparation of Project Plans and Specifications (307 kb, 127 pages)
o Federal -Construction Observation Program (2930, 22 pages)
o Federal -Preparation of Equipment Specifications (240 kb, 42 pages)
o AC 150/5370-1OG Standards for Specifying Construction of Airports
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 Constriction Project Review Level Matrix
o Construction Plans Full Review Checklist
o Construction Plans General Review Checklist
o Safety Plan Checklist
State Funded Projects
o State -Preparation of Project Plans and Specifications (585 kb, 84 pages)
o State -Construction Observation Program (266 kb, 18 pages)
o MO -100 Mobilization (28 kb, 1 page)
o MO -152 Excavation and Embankment (71 kb, I1 pages)
o MO -155 Fly Ash Treated Subgrade (45 kb, 5 pages)
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 -401S Plant Mix Bituminous Pavements (87 kb, 14 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)
o MO -601 Surface Preparation (38 kb, 4 pages)
o MO -602 Bituminous Prime Coat (29 kb, 2 pages)
o M0-603 Bituminous Tack Coat (29 kb, 2 pages)
o MO -610 Structural Portland Cement Concrete (45 kb, 5 pages)
o MO -620 Runway and Taxiway Painting (43 kb, 4 pages)
o MO -622 Crack and Joint Sealing -Bituminous Pavement (31 kb, 3 pages)
o MO -623 Pavement Friction Sealcoat Surface Treatment (48 kb, 5 pages)
o MO -701 Pipe for Storm Drains and Culverts (38 kb, 4 pages)
0 MO -706 Prefabricated Underdrains (54 kb, 5 pages)
0 MO -901 Seeding (71 kb, 7 pages)
0 MO -905 Topsoiling (25 kb, 2 pages)
0 MO -908 Mulching (27 kb, 2 pages)
MoDOT Electrical Specifications (State Funded Projects)
0 MO -101 Airport Rotating Beacons (39 kb, 5 pages)
0 MO -103 Airport Beacon Towers (36 kb, 4 pages)
0 MO -107 Airport 8 -Foot and 12 -Foot Wind Cones (36 kb, 4 pages)
0 MO -108 Underground Power Cable for Airports (402 kb, 12 pages)
0 MO -109 Airport Prefabricated Housing and Equipment (373 kb, 7 pages)
0 MO -110 Airport Underground Electrical Duct Banks and Conduits (56 kb, 8 pages)
0 MO -120 Airport Precision Approach Path Indicator (DAPI) System (41 kb, 5 pages)
0 MO -125 Airport Lighting Systems and Guidance Signs (51 kb, 5 pages)
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. Users of this guidance shall note that
requirements for AIP participation are established within applicable United States Code, Public Law,
Federal Regulations and official FAA policy. The supplemental guidance and best practices provided
within this guide are not attended to create additional participation requirements over and above that
established by statute, regulation, or official FAA policy. In the event this guidance conflicts with current
AIP policy, the AIP policy has precedence. Web site address
http://www.faa.gov/airports/central/aip/sponsor_guide/
100 - Airport Improvement Program (AIP)
110 - Overview
120 - Checklists for Typical AIP Funded Projects
130 - Sponsor Eligibility
140 - Project Eligibility
150 - AIP Obligations
160 - FAA Standards
170 - Non -Primary Entitlement Funds
200 - Civil Rights
210 - DBE Overview
220 - DBE Program Submittal Information
230 - DBE Goals
240 - Good Faith Efforts
250 - DBE Contract Provisions
260 - DBE Reporting Requirements
270 - Identifying DBE Fraud
300 - Procurement of Professional Services
310 - Procurement Requirements and Standards for
A/E Services
320 - Roles and Responsibilities
330 - Selection Guide
340 - Contract Establishment
350 - Acquiring a Surveyor for AGIS
400 - Procurement
410 - Procurement Standards - §18.36(b)
420 - Competition - § 18.36(c)
430 -Procurement Methods - §18.36(d)
440 - Small & Minority Firms & Womens Business
Enterprises - § 18.36(e)
450 - Cost and Price Analysis - § 18.36(f)
460 - FAA Review of Procurement Documents -
§ 18.36(g)
470 - Bond Requirements - § 18.36(h)
480 - Federal Provisions - §18.36(i)
490 - Buy American Preferences - Title 49 USC 501
500 - Airport Planning
510 - National Plan of Integrated Airport Systems
(NPIAS)
515 - Master Plans
520 - Airport Layout Plans
530 - EnvironmentaI Review
540 - Airport Site Investigations
550 - Runway Protection Zones
560 - Airport Property Interests
570 - Apron Design
580 - Planning Resources
600 - Project Formulation
610 - Requesting Aid: ACIP
620 - Benefit/Cost Analysis
630 - FAA Reimbursable Agreements
700 - Grant Implementation
710 - Project Initiation
720 - Project Application
730 - Sponsor Assurances
740 - Drug Free Workplace Requirements
750 - Title VI Assurance
760 - Executing the Grant Offer
800 - Sponsor Certification
900 - Project Design Development Projects
910 - Predesign Conference
920 - Engineer's Design Report
930 - Plans and Specifications
940 - Regional Approved Modifications to
AC 150/5370-10
950 - Sponsor Modifications of FAA Standards
960 - Operational Safety on Airport During
Construction
1000 - Construction Phase
1010 - Bidding
1020 - Contract Award
1030 - Construction Observation Program
1040 - Preconstruction Conference
1050 - Notice -to -Proceed
1060 - Labor Provisions
1070 - Inspections
1080 - Contract Modifications
1100 - Runway Commissioning
1110 - Airports Geographic Information Systems
(AGIS)
1120 - Revising Airport Aeronautical Information
1130 - Runway Commissioning Data
1140 - Commissioning of Non -Federal VGSI
1200 - Equipment Projects
1210 - Federal Provisions
1220 - Sample Bid Documents
1300 - Airport Land Acquisition
1310 — Land Acquisition Requirements
1320 - Environmental Site Assessment
1320 - Satisfactory Evidence of Good Title
Updated: December 8, 2016
1400 - Sponsor Force Accounts
1410 - Force Account Overview
1420 - Force Account Engineering Services
1430 - Construction Force Account
1500 - Grant Payments
1510 - DELPHI elnvoicing System
1520 - Making the Grant Drawdown
1530 - Invoice Summary
1540 - Financial Reports
1550 - Payment History
1560 - Improper Payments
1600 - Grant Closeout
1610 - Development Project Closeout
1620 - Equipment Project Closeout
1630 — Planning Grant CIoseout
1640 — Grant Amendment
1700 - Post Grant Obligations
1710 - Record Keeping
1720 - Audit Requirements
1730 - Financial Reports
1740 - Compliance
1750 - Pavement Maintenance
1760 - Release of Airport Property
`o FAA
* Airports
va \o
A'!S RpC
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting fiends under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public -use airport; the term "private sponsor" means a private owner
of a public -use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated
in and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in full
force and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from
the date of acceptance of a grant offer of Federal funds for the project. However,
there shall be no limit on the duration of the assurances regarding Exclusive Rights
and Airport Revenue so long as the airport is used as an airport. There shall be no
limit on the duration of the terms, conditions, and assurances with respect to real
property acquired with federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life
of project items installed within a facility or the useful life of the facilities developed
or equipment acquired under an airport development or noise compatibility program
project shall be no less than ten (10) years from the date of acceptance of Federal aid
for the project.
Airport Sponsor Assurances 3/2014 Page 1 of 20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms,
conditions, and assurances of this grant agreement shall remain in full force and effect
during the life of the project; there shall be no limit on the duration of the assurances
regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders,
policies, guidelines, and requirements as they relate to the application, acceptance and
use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.1
e. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seg.z
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seq. 1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seal
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.l
u. Copeland Anti -kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.l
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 Page 2 of20
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 Opportunityl
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction)
f. Executive Order 12898 - Environmental Justice
Federal Rep-ulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-133 - Audits of States, Local Governments, and Non -Profit
Organizations].4, s, 6
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates. )
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.)
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non -construction contracts subject to the Contract Work Hours and
Safety Standards Act).'
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).'
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 49 CFR Part 21 -- Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
Airport Sponsor Assurances 3/2014 Page 3 of 20
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs, 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 -- Govemmentwide Requirements for Drug -Free Workplace
(Financial Assistance)
v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
Specific assurances required to be included in grant agreements by any of the above
laws, regulations or circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance 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 200.1 10, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 4 of 20
s 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 filing of the
application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor:
It has legal authority to apply for this grant and to finance and carry out the proposed
project and comply with all terms, conditions, and assurances of this grant agreement.
It shall designate an official representative and shall in writing direct and authorize
that person to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such
additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to
be paid by the United States. It has sufficient funds available to assure operation and
maintenance of items funded under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions, and
assurances in this grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Airport Sponsor Assurances 3/2014 Page 5 of 20
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this grant agreement without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to cavy 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 tenns, conditions, and assurances that would
be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public -use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property used
as a residence, or zoned for residential use, to taxi an aircraft between that
property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
Airport Sponsor Assurances 3/2014 Page 6 of 20
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of
this application) of public agencies that are authorized by the State in which the
project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the
project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49,
United States Code, it has undertaken reasonable consultations with affected parties
using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary. Further, for such projects, it
has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which
the airport is located, if any, a copy of the proposed amendment to the airport layout
plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance -management program and it
assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in
Title 49, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 44706 of Title 49,
United States Code, and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/2014 Page 7 of 20
has provided for access to the passenger enplaning and deplaning area of such airport
to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant, the total cost of the
project in connection with which this grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to this grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which this grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded
under this grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with the
Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay
to skilled and unskilled labor, and such minimum rates shall be stated in the invitation
for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this grant
agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Vietnam era veterans, Persian Gulf veterans,
Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned
and controlled by disabled veterans as defined in Section 47112 of Title 49, United
States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be submitted to the
Secretary prior to commencement of site preparation, construction, or other
performance under this grant agreement, and, upon approval of the Secretary, shall be
incorporated into this grant agreement. Any modification to the approved plans,
Airport Sponsor Assurances 312014 Page 8 of 20
specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into this grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications,
and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 312014 Page 9 of 20
state and local agencies for maintenance and operation. It will not cause or permit
any activity or action thereon which would interfere with its use for airport
purposes. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non -aeronautical purposes must first
be approved by the Secretary. In furtherance of this assurance, the sponsor will
have in effect arrangements for-
t) Operating the airport's aeronautical facilities whenever- required;
2) Promptly marking and Iighting 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 terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
Airport Sponsor Assurances 3/2014 Page I0 of 20
to engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to-
t) furnish said services on a reasonable, and not unjustly discriminatory, basis to
all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers,
c. Each fixed -based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed -based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed -based operator that is authorized or permitted by the airport to serve any
air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non -tenants and signatory carriers and non -
signatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to
in this assurance, the services involved will be provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i, The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
Airport Sponsor Assurances 3/2014 Page 11 of20
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
If allowing more than one fixed -based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed -based operator and such airport. It further agrees that it will not,
either directly or indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees, rates, and charges for users of
that airport.
25. Airport Revenues.
All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which
are directly and substantially related to the actual air transportation of passengers
or property; or for noise mitigation purposes on or off the airport. The following
exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued before September 3,
1982, by the owner or operator of the airport, or provisions enacted before
September 3, 1982, in governing statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport owner or
Airport Sponsor Assurances 3/2014 Page 12 of 20
operator's facilities, including the airport, to support not only the airport but
also the airport owner or operator's general debt obligations or other facilities,
then this limitation on the use of all revenues generated by the airport (and, in
the case of a public airport, local taxes on aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a public
sponsor and provides funding for any portion of the public sponsor's
acquisition of land, this limitation on the use of all revenues generated by the
sale shall not apply to certain proceeds from the sale. This is conditioned on
repayment to the Secretary by the private owner of an amount equal to the
remaining unamortized portion (amortized over a 20 -year period) of any
airport improvement grant made to the private owner for any purpose other
than land acquisition on or after October 1, 1996, plus an amount equal to the
federal share of the current fair market value of any land acquired with an
airport improvement grant made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production,
lease, or other means at a general aviation airport (as defined at Section 47102
of title 49 United States Code), if the FAA determines the airport sponsor
meets the requirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in paragraph
(a), and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49, United States Code and
any other applicable provision of law, including any regulation promulgated by
the Secretary or Administrator.
c. Any civil penalties or other- sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49, United
States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances
of this grant agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
Airport Sponsor Assurances 312014 Page 13 of 20
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
1) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such service
and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal
financial assistance and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other aircraft at all
times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use
of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would
unduly interfere with use of the landing areas by other authorized aircraft, or during
any calendar month that —
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any
air traffic control or air navigation activities, or weather -reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or
rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing
1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings, hangars and
Airport Sponsor Assurances 312014 Page 14 of 20
roads), including all proposed extensions and reductions of existing airport
facilities;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's
property boundary. Such airport layout plans and each amendment, revision,
or modification thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs
of restoring such property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds
received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by, or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal
assistance) for any of the sponsor's program or activities, these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances 3/2014 Page 15 of 20
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of real property or an interest
in real property, the assurance will extend to rights to space on, over, or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of, personal property,
or real property, or interest therein, or structures or improvements thereon, in
which case the assurance obligates the sponsor, or any transferee for the longer of
the following periods:
1) So long as the airport is used as an airport, or for another purpose involving
the provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this
grant agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance
with the acts and regulations relative to non-discrimination in Federally -
assisted programs of the DOT, and incorporating the acts and regulations into
the contracts by reference in every contract or agreement subject to the non-
discrimination in Federally -assisted programs of the DOT acts and
regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with
the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to
a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on
the basis of race, color, national origin, creed, sex, age, or handicap as a
Airport Sponsor Assurances 3/2014 Page 16 of 20
covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
f. It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it, other recipients, sub -recipients,
sub -grantees, contractors, subcontractors, consultants, transferees, successors in
interest, and other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the acts, the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the land
is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will be, at the
discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2) reinvestment in an
approved project that is eligible for grant funding under Section 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public
aitport 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 312014 Page 17 of 20
eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is eligible
for grant funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid to the Secretary
for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if
(1) it may be needed for aeronautical purposes (including runway protection
zones) or serve as noise buffer land, and (2) the revenue from interim uses of such
land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 31, 1987, was notified by the
operator or owner of the uses of such Iand, did not object to such use, and the Iand
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 fiend 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 Assurances 3/2014 Page 18 of 20
with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and
will pay or reimburse property owners for necessary expenses as specified in
Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable,
intercity buses or other modes of transportation to have access to the airport;
however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of any DOT -assisted contract covered by 49 CFR Part 26,
or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race,
color, national origin or sex in the administration of its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT -assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor- of its failure to carry out its approved program, the Department may
impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1936 (31 U.S.C. 3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar
is to be constructed at the airport for the aircraft at the aircraft owner's expense, the
airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner- or
operator may impose.
Airport Sponsor Assurances 3/2014 Page 19 of 20
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service
at the airport, the airport owner or operator shall transmit a report to the Secretary
that -
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3) Provides a time frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August I of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
Airport Sponsor Assurances 3/2014 Page 20 of 20
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Updated April 18, 2019
View the most current versions of these ACs and any associated changes at
http://www.faa.gov/airports/resources/advisory_circulars/.
NUMBERTITLE
70/7460-1 L
Change 2 Obstruction Marking and Lighting
I
150/5000-9A
Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for the Sound
Insulation of Residences Exposed to Aircraft Operations
150/5000-17 Critical Aircraft and Regular Use Determination
150/5020-1
Noise Control and Compatibility Planning for Airports
15015070-613
Changes 1-2
Airport Master Plans V
15015070-7
angel
The Airport System Planning Process
150/5100-13B Development of State Standards for Nonprimary Airports
�15015100-14E,
Changel
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
�150/5100-17,
Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted
Changesl-7
Projects
15015200-28E
Notices to Airmen (NOTAMs) for Airport Operators
0/5200-30D
Oangel
Airport Field Condition Assessments and Winter Operation Safety
0/5200-31 C
Oangesl-2
Airport Emergency Plan
150/5210-5D
[Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Rescue Fire and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
---
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
(150/5210-15A
Aircraft Rescue and Fire Fighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS) "— v
150/5220-10E Guide Specifications for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
50/5220-16E
Change 1
Automated Weather Observing Systems (AWOS) for Non -Federal Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities ` —
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment —^ —
150/5220-22B �I Engineered Materials Arresting System (EMAS) for Aircraft Overruns
F150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26,
Airport Ground Vehicle Automatic Dependent Surveillance —Broadcast (ADS -B) Out
Changes 1-2
Squitter Equipment
1150/5300-13A,
Change1
[AirportDesign
50/5300-14C I Design of Aircraft Deicing Facilities —
150/5300-15A
Use of Value Engineering for Engineering and Design of Airport Grant Projects
150/5300-16A General Guidance and Specifications for Aeronautical Surveys; Establishment of Geodetic
Control and Submission to the National Geodetic Survey
150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys
Change 1
0/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS; Field
Oangel
Data Collection and Geographic Information System (GIS) Standards
150/5320-5D Airport Drainage Design
150/5320-6F — Airport Pavement Design and Evaluation
�150/5320-12C,
Changesl-8
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-15A —[Management
of Airport Industrial Waste
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength — PCN F
150/5340-1 L I Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
1150/5340-26C Maintenance of Airport Visual Aid Facilities
1150/5340-30J I Design and Installation Details for Airport Visual Aids
150/5345-3G Specifications for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specifications for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specifications for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150/5345-26D FAA Specifications for L-823 Plug And Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator (PAPI) Systems
150/5345-39D I Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42H I Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and
Accessories
150/5345-43J Specification for Obstruction Lighting Equipment
15015345-44K Specification for Runway and Taxiway Signs
150/5345-45C I Low -Impact Resistant (LIR) Structures
150/5345-46E 1 Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems
150/5345-49D Specification L-854, Radio Control Equipment
150/5345-50B I Specification for Portable Runway and Taxiway Lights
1 150/5345-51 B I Specification for Discharge -Type Flashing Light Equipment
150/5345-52A I Generic Visual Glideslope Indicators (GVGI)
150/5345-53D I Airport Lighting Equipment Certification Program
150/5345-54B I Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems
150/5345-55A I Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56B I Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
150/5360-12F I Airport Signing and Graphics
150/5360-13A
I Airport Terminal Planning
150/5360-14A
Access to Airports By individuals With Disabilities
150/5370-2G
Operational Safety on Airports During Construction
150/5370-10H
Standards for Specifying Construction of Airports
150/3570-11 B
[Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/3570-12B
Quality Management for Federally Funded Airport Construction Projects
150/5370-13A I Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/3570-15B I Airside Applications for Artificial Turf
150/3570-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/3570-17 I Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
I 150/5395-1B Seaplane Bases
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
f 150/5380-7B Airport Pavement Management Program (PMP)
150/5380-9 I Guidelines and Procedures for Measuring Airfield Pavement Roughness
The MoDOT DBE Program is available on the MoDOT website at the following address:
http://www.modot.org/business/contractor resources/External Civil Rights/DBE program.htm.