HomeMy Public PortalAboutORD16263BILL NO. 2022-056
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. J1 2A, ?J
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CONSULTANT AGREEMENT WITH JVIATION, A WOOLPERT COPMANY AND A
GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF
CONDUCTING AN ENVIROMENTAL ASSESSMENT AND LAND RELATED SERVICES
ASSOCIATED WITH A NEW CONTROL TOWER FOR THE JEFFERSON CITY
MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The City has selected Jviation, A Woolpert Company, as the planning
consultant for project at the Jefferson City Memorial Airport.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Jviation, A Woolpert Company, for the Environmental Assessment and
Land Related Services project.
Section 3. The Mayor and City Clerk are hereby authorized to execute a grant
amendment with the Missouri Highways and Transportation Commission for the purpose
of conducting the Environmental Assessment and Land Related Services project for the
Jefferson City Memorial Airport.
Section 4. These agreements shall be substantially the same in form and content
as Exhibit A and B attached hereto.
Section 5. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passe
Presiding Officer
ATTEST:
Approved:
Mayor Carrie Tergin
APPROVED AS TO FORM:
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
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Rev. 04/11/2018
Airport Name: Jefferson City Memorial
Project No.: 22-040B-1
County: Callaway
SAMPLE CONTRACT DOCUMENT
We caution users that the provision of this suggested sample Consultant Agreement by the MoDOT is not an
implied or explicit guarantee of legal sufficiency. The Sponsor is solely responsible for verifying the legal
sufficiency of all matters concerning contracting. While Sponsors may use this document as a guide in
preparing their own specific project Consultant Agreement, users of this sample Consultant Agreement must
not consider this document as being complete and whole. Consult legal counsel to determine legal sufficiency.
AVIATION PROJECT CONSULTANT AGREEMENT
(FEDERAL ASSISTANCE)
(Revision 04/11/2018)
THIS AGREEMENT is entered into by Jviation, A Woolpert Company (hereinafter
the "Consultant"), and the City of Jefferson, (hereinafter the "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor has selected the Consultant to perform professional
services to accomplish a project at the Jefferson City Memorial Airport; and
WHEREAS, while neither the Missouri Department of Transportation (MoDOT) nor
the Federal Aviation Administration (FAA) is a party to this Agreement, MoDOT and/or
FAA land acquisition, environmental, planning, design and construction criteria and other
requirements will be utilized unless specifically approved otherwise by MoDOT; and
WHEREAS, the Sponsor intends to accomplish a project at the Jefferson City
Memoria Airport as listed in Exhibit I of this Agreement, entitled "Project Description",
which is attached hereto and made a part of this Agreement.
NOW, THEREFORE, in consideration of the payments to be made and the
covenants set forth in this Agreement to be performed by the Sponsor, the Consultant
hereby agrees that it shall faithfully perform the professional services called for by this
Agreement in the manner and under the conditions described in this Agreement.
(1) DEFINITIONS: The following definitions apply to these terms, as used in
this Agreement:
(A) "SPONSOR" means the owner of the airport referenced above.
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MoDOT Project No.: [22-040B-1]
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(B) “SPONSOR’S REPRESENTATIVE” means the person or persons
designated in Section (23)(A) of this agreement by the Sponsor to represent the Sponsor
in negotiations, communications, and various other contract administration dealings with
the Consultant.
(C) "MoDOT" means the Missouri Department of Transportation, an
executive branch agency of state government, which acts on behalf of the Missouri
Highways and Transportation Commission.
(D) "CONSULTANT" means the firm providing professional services to
the Sponsor as a party to this Agreement.
(E) "CONSULTANT'S REPRESENTATIVE" means the person or
persons designated in Section (23)(B) of this agreement by the Consultant to represent
that firm in negotiations, communications, and various other contract administration
dealings with the Sponsor.
(F) "DELIVERABLES" means all drawings and documents prepared in
performance of this Agreement, to be delivered to and become the property of the
Sponsor pursuant to the terms and conditions set out in Section (12) of this Agreement.
(G) "DISADVANTAGED BUSINESS ENTERPRISE (DBE)" means an
entity owned and controlled by a socially and economically disadvantaged individual as
defined in 49 Code of Federal Regulations (CFR) Part 26, which is certified as a DBE firm
in Missouri by MoDOT. Appropriate businesse s owned and controlled by women are
included in this definition.
(H) "FAA" means the Federal Aviation Administration within the United
States Department of Transportation (USDOT), headquartered at Washington, D.C.,
which acts through its authorized representatives.
(I) "INTELLECTUAL PROPERTY" consists of copyrights, patents, and
any other form of intellectual property rights covering any data bases, software,
inventions, training manuals, systems design or other proprietary information in any form
or medium.
(J) "SUBCONSULTANT" means any individual, partnership,
corporation, or joint venture to which the Consultant, with the written consent of the
Sponsor, subcontracts any part of the professional services under this Agreement but
shall not include those entities which supply only materials or supplies to the Consultant.
(K) "SUSPEND" the services means that the services as contemplated
herein shall be stopped on a temporary basis. This stoppage will continue until the
Sponsor either decides to terminate the project or reactivate the services under the
conditions then existing.
(L) "TERMINATE", in the context of this Agreement, means the
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MoDOT Project No.: [22-040B-1]
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cessation or quitting of this Agreement based upon the action or inaction of the
Consultant, or the unilateral cancellation of this Agreement by the Sponsor.
(M) "USDOT" means the United States Department of Transportation,
headquartered at Washington, D.C., which acts through its authorized representatives.
(N) "SERVICES" includes all professional engineering and related
services and the furnishing of all equipment, supplies, and materials in conjunction with
such services as are required to achieve the broad purposes and general objectives of
this Agreement.
(2) SCOPE OF SERVICES:
(A) The services covered by this Agreement shall include furnishing the
professional, technical, and other personnel and the equipment, material and all other
things necessary to accomplish the proposed project detailed in Exhibit I of this
Agreement.
(B) The specific services to be provided by the Consultant are set forth
in Exhibit II of this Agreement, entitled "Scope of Services," which is attached hereto and
made a part of this Agreement.
(3) ADDITIONAL SERVICES: The Sponsor reserves the right to direct
additional services not described in Exhibit II as changed or unforeseen conditions may
require. Such direction by the Sponsor shall not be a breach of this Agreement. In this
event, a Supplemental Agreement will be negotiated and executed prior to the Consultant
performing the additional or changed services, or incurring any additional cost for those
additional services. Any changes in the maximum compensation and fee, or time and
schedule of completion, will be covered in the Supplemental Agreement. Supplemental
Agreements must be approved by MoDOT to ensure additional funding is available.
(4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR:
(A) At no cost to the Consultant and in a timely manner, the Sponsor will
provide available information of record which is pertinent to this project to the Consultant
upon request. In addition, the Sponsor will provide the Consultant with the specific items
or services set forth in Exhibit III of this Agreement, entitled "Services Provided by the
Sponsor", which is attached hereto and made a part of this Agreement. The Consultant
shall be entitled to rely upon the accuracy and completeness of such information, and the
Consultant may use such information in performing services under this Agreement.
(B) The Consultant shall review the information provided by the Sponsor
and will as expeditiously as possible advise the Sponsor of any of that information which
the Consultant believes is inaccurate or inadequate or would otherwise have an effect on
its design or any of its other activities under this Agreement. In such case, the Consultant
shall provide new or verified data or information as necessary to meet the standards
required under this Agreement. Any additional work required of the Consultant as the
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
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Rev. 04/11/2018
result of inaccurate or inadequate information provided by the Sponsor will be addressed
per the provisions of Section (3) of this Agreement. The Consultant shall not be liable for
any errors, omissions, or deficiencies resulting from inaccurate or inadequate information
furnished by the Sponsor which inaccuracies or inadequacies are not detected by the
Consultant, unless the errors should have been detected by the Consultant through
reasonable diligence.
(5) RESPONSIBILITY OF THE CONSULTANT:
(A) The Consultant shall comply with applicable local, state and federal
laws and regulations governing these services, as published and in effect on the date of
this Agreement. The Consultant shall provide the services in accordance with the criteria
and requirements established and adopted by the Sponsor; and if none are expressly
established in this Agreement, published manuals and policies of MoDOT and FAA which
shall be furnished by the Sponsor upon request; and, absent the foregoing, manuals and
policies of the FAA, as published and in effect on the date of this Agreement.
(B) Without limiting the foregoing, land acquisition, environmental,
planning, design and construction criteria will be in accordance with the information set
out in Exhibit II of this Agreement.
(C) The Consultant shall be responsible for the professional quality,
technical accuracy, and the coordination of designs, drawings, specifications, and other
services furnished under this Agreement. At any time during construction of the Sponsor
project associated with this Agreement or during any phase of work performed by others
on said project that is based upon data, plans, designs, or specifications provided by the
Consultant, the Consultant shall prepare any data, plans, desig ns, or specifications
needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for
whom it is legally responsible in failing to comply with the foregoing standard. The
services necessary to correct such negligent acts, errors, or omissions shall be performed
without additional compensation, even though final payment may have been received by
the Consultant. The Consultant shall provide such services as expeditiously as is
consistent with professional performance. Acceptance of the services will not relieve the
Consultant of the responsibility to correct such negligent acts, errors, or omissions.
(D) Completed design reports, plans and specifications, plans and
specifications submitted for review by permit authorities, and plans and specifications
issued for construction shall be signed, sealed, and dated by a Professional Engineer
registered in the State of Missouri. Incomplete or preliminary plans or other documents,
when submitted for review by others, shall not be sealed, but the name of the responsible
engineer, along with the engineer's Missouri registration number, shall be indicated on
the design report, plans and specifications or included in the transmittal document. In
addition, the phrase "Preliminary - Not for Construction," or similar language, shall be
placed on the incomplete or preliminary plan(s) in an obvious location where it can readily
be found, easily read, and not obscured by other markings, as a disclosure to others that
the design report, plans and specifications are incomplete or preliminary. When the
design report, plans and specifications are completed, the phrase "Preliminary - Not for
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MoDOT Project No.: [22-040B-1]
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Construction" or similar language shall be removed and the design report, plans and
specifications shall thereupon be sealed.
(E) The Consultant shall cooperate fully with the Sponsor’s activities on
adjacent projects as may be directed by the Sponsor. This shall include attendance at
meetings, discussions, and hearings as requested by the Sponsor. The minimum number
and location of meetings shall be defined in Exhibit II.
(F) In the event any lawsuit or court proceeding of any kind is brought
against the Sponsor, arising out of or relating to the Consultant's activities or services
performed under this Agreement or any project of construction undertaken employing the
deliverables provided by the Consultant in performing this Agreement, the Consultant
shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense,
including, but not limited to, production of documents, trials, depositions, or court
testimony. Any assistance given to the Sponsor by the Consultant will be compensated
at an amount or rate negotiated between the Sponsor and the Consultant as will be
identified in a separate agreement between the Sponsor and the Consultant. To the
extent the assistance given to the Sponsor by the Consultant was necessary for the
Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or
omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to
the Sponsor.
(6) NO SOLICITATION WARRANTY: The Consultant warrants that it has not
employed or retained any company or person, other than a bona fide employee working
for the Consultant, 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, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, the
Sponsor will have the right to terminate this Agreement without liability, or at its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gifts, or contingent fee, plus costs
of collection including reasonable attorney's fees.
(7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS:
(A) DBE Goal: The following DBE goal has been established for this
Agreement. The dollar value of services and related equipment, supplies, and materials
used in furtherance thereof which is credited toward this goal will be based on the amount
actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE
firms is 0% of the total Agreement dollar value.
(B) Eligibility of DBE’s: Only those firms currently certified as DBE’s by
MoDOT, City of St. Louis/Lambert Airport Authority, Metro, City of Kansas City, and
Kansas City Area Transportation Authority are eligible to participate as DBEs on this
contract. A list of these firms is available on MoDOT’s Office of External Civil Rights
webpage at the following address under the MRCC DBE Directory:
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MoDOT Project No.: [22-040B-1]
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http://www.modot.org/business/contractor_resources/External_Civil_Rights/DBE_progra
m.htm
(C) Consultant's Certification Regarding DBE Participation: The
Consultant's signature on this Agreement constitutes the execution of all DBE
certifications which are a part of this Agreement. The Consultant shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Agreement.
The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this Agreement, which may result in the termination
of this Agreement or such other remedy as the Sponsor deems appropriate, which may
include, but is not limited to: withholding monthly progress payments; assessing
sanctions; liquidated damages; and/or disqualifying the Consultant from future bidding as
non-responsible.
1. Policy: It is the policy of the USDOT and the Sponsor that
businesses owned by socially and economically disadvantaged individuals (DBEs) as
defined in 49 CFR Part 26 have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with federal funds. Thus, the
requirements of 49 CFR Part 26 apply to this Agreement.
2. Obligation of the Consultant to DBEs: The Consultant agrees
to assure that DBEs have the maximum opportunity to participate in the performance of
this Agreement and any subconsultant agreement financed in whole or in part with federal
funds. In this regard the Consultant shall take all necessary and reasonable steps to
assure that DBEs have the maximum opportunity to compete for and perform services.
The Consultant shall not discriminate on the basis of race, color, religion, creed, disability,
sex, age, or national origin in the performance of this Agreement or in the award of any
subsequent subconsultant agreement. The Consultant shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT assisted
agreements and contracts. Failure by the Consultant to carry out these requirements is a
material breach of this Agreement, which may result in the termination of this Agreement
or such other remedy, as the recipient deems appropriate.
3. Geographic Area for Solicitation of DBEs: The Consultant
shall seek DBEs in the same geographic area in which the solicitation for other
Subconsultants is made. If the Consultant cannot meet the DBE goal using DBEs from
that geographic area, the Consultant shall, as a part of the effort to meet the goal, expand
the search to a reasonably wider geographic area.
4. Determination of Participation Toward Meeting the DBE Goal:
DBE participation shall be counted toward meeting the goal as follows:
A. Once a firm is determined to be a certified DBE, the
total dollar value of the subconsultant agreement awarded to that DBE is counted toward
the DBE goal set forth above.
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
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Rev. 04/11/2018
B. The Consultant may count toward the DBE goal a
portion of the total dollar value of a subconsultant agreement with a joint venture eligible
under the DBE standards equal to the percentage of the ownership and control of the
DBE partner in the joint venture.
C. The Consultant may count toward the DBE goal
expenditures to DBEs who perform a commercially useful function in the completion of
services required in this Agreement. A DBE is considered to perform a commercially
useful function when the DBE is responsible for the execution of a distinct element of the
services specified in the Agreement and the carrying out of those responsibilities by
actually performing, managing and supervising the services involved and providi ng the
desired product.
D. A Consultant may count toward the DBE goal its
expenditures to DBE firms consisting of fees or commissions charged for providing a bona
fide service, such as professional, technical, consultant, or managerial services and
assistance in the procurement of essential personnel, facilities, equipment, materials or
supplies required for the performance of this Agreement, provided that the fee or
commission is determined by the Sponsor to be reasonable and not excessive as
compared with fees customarily allowed for similar services.
E. The Consultant is encouraged to use the services of banks
owned and controlled by socially and economically disadvantaged individuals.
5. Replacement of DBE Subconsultants: The Consultant shall
make good faith efforts to replace a DBE Subconsultant who is unable to perform
satisfactorily with another DBE Subconsultant. Replacement firms must be approved by
the Sponsor and MoDOT.
6. Verification of DBE Participation: Prior to the release of the
retained percentage by the Sponsor, the Consultant shall file a list with the Sponsor
showing the DBEs used and the services performed. The list shall show the actual dollar
amount paid to each DBE that is applicable to the percentage participation established in
this Agreement. Failure on the part of the Consultant to achieve the DBE participation
specified in this Agreement may result in sanctions being imposed on the Sponsor for
noncompliance with 49 CFR Part 26. If the total DBE participati on is less than the goal
amount stated by the Sponsor, the Sponsor may sustain damages, the exact extent of
which would be difficult or impossible to ascertain. Therefore, in order to liquidate such
damages, the monetary difference between the amount of the DBE goal dollar amount
and the amount actually paid to the DBEs for performing a commercially useful function
will be deducted from the Consultant's payments as liquidated damages. If this
Agreement is awarded with less than the goal amount stated above by the Sponsor, that
lesser amount shall become the goal amount and shall be used to determine liquidated
damages. No such deduction will be made when, for reasons beyond the control of the
Consultant, the DBE goal amount is not met.
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7. Documentation of Good Faith Efforts to Meet the DBE Goal:
The Agreement goal established by the Sponsor is stated above in Subsection (7)(A).
The Consultant must document the good faith efforts it made to achieve that DBE goal, if
the agreed percentage specified in Subsection (7)(C)(8) below is less than the percentage
stated in Subsection (7)(A). Good faith efforts to meet this DBE goal amount may include
such items as, but are not limited to, the following:
A. Attended a meeting scheduled by the Sponsor to
inform DBEs of contracting or consulting opportunities.
B. Advertised in general circulation trade association and
socially and economically disadvantaged business directed media concerning DBE
subcontracting opportunities.
C. Provided written notices to a reasonable number of
specific DBEs that their interest in a subconsultant agreement is solicited in sufficient time
to allow the DBEs to participate effectively.
D. Followed up on initial solicitations of interest by
contacting DBEs to determine with certainty whether the DBEs were interested in
subconsulting work for this Agreement.
E. Selected portions of the services to be performed by
DBEs in order to increase the likelihood of meeting the DBE goal (including, where
appropriate, breaking down subconsultant agreements into economically feasible units to
facilitate DBE participation).
F. Provided interested DBEs with adequate information
about plans, specifications and requirements of this Agreement.
G. Negotiated in good faith with interested DBEs, and did
not reject DBEs as unqualified without sound reasons based on a thorough investigation
of their capabilities.
H. Made efforts to assist interested DBEs in obtaining any
bonding, lines of credit or insurance required by the Sponsor or by the Consultant.
I. Made effective use of the services of available
disadvantaged business organizations, minority contractors' groups, disadvantaged
business assistance offices, and other organizations that provide assistance in the
recruitment and placement of DBE firms.
8. DBE Participation Obtained by Consultant: The Consultant
has obtained DBE participation and agrees to use DBE firms to complete at least 0% of
the total services to be performed under this Agreement, by dollar value. All DBE firms
which the Consultant intends to use, including DBE firm participation above and beyond
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the goal established in Subsection (7)(A), and the type and dollar value of the services
each DBE will perform, is as follows:
(A)
DBE NAME AND
ADDRESS
(B)
TYPE OF
DBE
SERVICE
(C)
DOLLAR
VALUE OF
DBE SUB-
CONTRACT
(D)
PERCENT
APPLICABL
E TO DBE
GOAL
(100%, 60%)
(E)
DOLLAR
AMOUNT
APPLICABLE
TO DBE
GOAL
(C x D)
(F)
PERCENT OF TOTAL
CONTRACT
(C / TOTAL CONTRACT
AMOUNT)
TOTAL DBE PARTICIPATION $0 0%
9. Good Faith Efforts to Obtain DBE Participation: If the
Consultant's agreed DBE goal amount as specified in Subsection (7)(C)(8) is less than
the Sponsor's DBE goal given in Subsection (7)(A), then the Consultant certifies good
faith efforts were taken by Consultant in an attempt to obtain the level o f DBE participation
set by the Sponsor in Subsection (7)(A). Documentation of the Consultant’s good faith
efforts is to be submitted with this Agreement to the Sponsor and a copy submitted to
MoDOT.
(8) SUBCONSULTANTS:
(A) The Consultant agrees that except for those firms and for those
services listed below, there shall be no transfer of engineering services performed under
this Agreement without the written consent of the Sponsor. Subletting, assignment, or
transfer of the services or any part thereof to any other corporation, partnership, or
individual is expressly prohibited. Any violation of this clause will be deemed cause for
termination of this Agreement.
EXCEPTIONS (Subconsultant information):
List all Subconsultant(s) to be used for any piece of work outlined in this
agreement, excluding DBE Firms listed in the DBE Participation Subsection (7)(C)(8),
DBE Participation Obtained by Consultant, in this agreement. If none, write “N/A” in the
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first row of the first column.
FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES SUBCONTRACT
AMOUNT
Survey Survey $3,500
Appraiser Appraiser $5,000
Review Appraiser Review Appraiser $2,500
Negotiation Negotiation $5,000
Environmental
Svcs
Environmental
Svcs
$30,000
(B) The Consultant agrees and shall require the selected
Subconsultants to maintain books, documents, papers, accounting records, and other
evidence pertaining to direct costs and expenses incurred under the Agreement and to
make such materials available at their offices at reasonable times during the Agreement
period and for three (3) years from the date of final payment under the Agreement for
inspection by the Sponsor or any of its authorized representatives (or any authorized
representative of MoDOT or the federal government), and copies thereof shall be
furnished.
(C) Unless waived or modified by the Sponsor, the Consultant agrees to
require, and shall provide evidence to the Sponsor, that those Subconsultants shall
maintain commercial general liability, automobile liability, professional liability and
worker's compensation and employer's liability insurance, or alternatively, a comparable
umbrella insurance policy submitted to and approved by MoDOT , for not less than the
period of services under such subconsultant agreements, and in an amount equal to the
Sponsor’s sovereign immunity caps as stated in section 537.600 RSMo and subsequently
adjusted by the Missouri Department of Insurance. If the statutory limit of liability for a
type of liability specified in this section is repealed or does not exist, the minim um
coverage shall not be less than the following amounts:
1. Commercial General Liability: $500,000.00 per person up to
$3,000,000.00 per occurrence;
2. Automobile Liability: $500,000.00 per person up to
$3,000,000.00 per occurrence;
3. Worker's Compensation in accordance with the statutory
limits; and Employer's Liability: $1,000,000.00; and
4. Professional Liability: $1,000,000.00, each claim and in the
annual aggregate.
(D) The subletting of the services will in no way relieve the Consultant of
its primary responsibility for the quality and performance of the services to be performed
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hereunder, and the Consultant shall assume full liability for the services performed by its
Subconsultants.
(E) The payment for the services of any Subconsultants will be
reimbursed at cost by the Sponsor in accordance with the submitted invoices for such
services, as set forth in Section (9), entitled "Fees and Payments".
(F) The Consultant agrees to furnish a list of any MoDOT-approved DBE
Subconsultants under this Agreement upon the request of the Sponsor or MoDOT.
Further, the Consultant agrees to report to the Sponsor on a monthly basis the actual
payments made by the Consultant to such DBE Subconsultants.
(G) The Consultant agrees that any agreement between the Consultant
and any Subconsultant shall be an actual cost plus fixed fee agreement if the amount of
the agreement between the Consultant and Subconsultant exceeds Twenty-Five
Thousand Dollars ($25,000). Subconsultant agreements for amounts of $25,000 or less
may be lump sum or actual cost plus fixed fee as directed by the Sponsor.
(9) FEES AND PAYMENTS:
(A) The Consultant shall not proceed with the services described herein
until the Consultant receives written authorization in the form of a Notice to Proceed from
the Sponsor.
Lump Sum, not to Exceed
(B) The amount to be paid to the Consultant by the Sponsor as full
remuneration for the performance of all services called for in this Agreement will be on
the following basis, except that the lump sum fee for labor, overhead and profit plus other
costs will not exceed a maximum amount payable of $83,092, which is shown in Exhibit
IV, "Derivation of Consultant Project Costs", and Exhibit V, "Engineering Basic and
Special Services-Cost Breakdown" attached hereto and made a part of this Agreement.
Payment under the provisions of this Agreement is limited to those costs incurred in
accordance with generally accepted accounting principles to the extent they are
considered necessary to the execution of the item of service.
(C) The Consultant's fee shall include the hourly salary of each associate
and employee, salary-related expenses, general overhead, and direct non -salary costs
as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR), and 23 CFR
172, Procurement, Management, and Administration of Engineering and Design Related
Services. The hourly salary of each associate and employee is defined as the act ual
productive salaries expended to perform the services. The other billable costs for the
project are defined as follows:
1. Salary-related expenses are additions to payroll cost for
holidays, sick leave, vacation, group insurance, worker's compensation insurance, social
security taxes (FICA), unemployment insurance, disability taxes, retirement benefits, and
other related items.
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2. General overhead cost additions are for administrative
salaries (including non-productive salaries of associates and employees), equipment
rental and maintenance, office rent and utilities, office maintenance, office supplies,
insurance, taxes, professional development expenses, legal and audit fees, professional
dues and licenses, use of electronic computer for accounting, and other related items.
3. Direct non-salary costs incurred in fulfilling the terms of this
Agreement, such as but not limited to travel and subsistence, subcontract services,
reproductions, computer charges, materials and supplies, and other related items, will be
charged at actual cost without any override or additives.
4. The additions to productive salaries for Items in Subsections
(9)(C) 1 and 2 will be established based on the latest audit.
5. The Consultant shall provide a detailed man hour/cost
breakdown for each phase of the project indicating each job classification with base wage
rates and the number of hours associated with each phase. The breakdown shall include
work activities and be in sufficient detail to reflect the level of effort involved. This
information shall be attached hereto and made a part of this Agreement as Exhibit V
"Engineering Basic and Special Services -Cost Breakdown".
6. The Consultant shall provide a detailed breakdown of all
Subconsultant fees, including overhead and profit, when requested by the Sponsor and/or
MoDOT. Once the cumulative amount to be paid to a Subconsultant by the Consultant,
as full remuneration for the performance of services, as called for in this Agreement and
any supplemental agreements hereafter, equals or exceeds Twenty-Five Thousand
Dollars ($25,000), submittal of a separate Exhibit IV, "Derivation of Consultant Project
Costs" and Exhibit V, "Engineering Basic and Special Services -Cost Breakdown",
prepared to solely reflect the Subconsultant’s fees shall be attached hereto and made a
part of this Agreement, subject to the process described in Section (3) of this Agreement.
These Exhibits prepared to reflect the Subconsultant’s fees shall be labeled Exhibit IV -A
and Exhibit V-A, respectively.
7. The Consultant shall provide a detailed breakdown of all travel
expense, living expense, reproduction expense , and any other expense that may be
incurred throughout the project. These expenses must be project specific and not
covered in or by an overhead rate.
8. The property and equipment used on this project such as
automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented, or
leased by the Consultant, and charges will be made to the project for the use of such
property at the rate established by company policies and practices. Approval of the
Sponsor and MoDOT will be required prior to acquisition of reimbursable special
equipment.
9. The Consultant agrees to pay each Subconsultant under this
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Agreement for satisfactory performance of its contract no later than 15 days from the
Consultant’s receipt of each payment the Consultant receives from the Sponsor. The
Consultant agrees further to return retainage payments to each Subconsultant within 15
days after the Subconsultant’s work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the Sponsor. This clause applies to both DBE and
non-DBE Subconsultants.
(D) The Consultant shall submit an invoice for services rendered to the
Sponsor not more than once every month. A progress summary indicating the current
status of the services shall be submitted along with each invoice. Upon receipt of the
invoice and progress summary, the Sponsor will, as soon as practical, but not later than
30 days from receipt, pay the Consultant for the services rendered, including the
proportion of the fixed fee earned as reflected by the estimate of the portion of the services
completed as shown by the progress summary, less partial payments previously made.
A late payment charge of one and one half percent (1.5%) per month shall be assessed
for those invoiced amounts not paid, through no fault of the Consultant, within 30 days
after the Sponsor 's receipt of the Consultant's invoice. The Sponsor will not be liable for
the late payment charge on any invoice which requests payment for costs which exceed
the proportion of the maximum amount payable earned as reflected by the estimate of
the portion of the services completed, as shown by the progress summary. The payment,
other than the fixed fee, will be subject to final audit of actual expenses incurred during
the period of the Agreement.
(E) The Sponsor may hold a percentage of the amount earned by the
Consultant, not to exceed two percent (2%), until 100% of services as required by Section
(2), "Scope of Services," of this Agreement are completed and have been received and
approved by the Sponsor and MoDOT. The payment will be subject to final audit of actual
expenses during the period of the Agreement. Upon completion and acceptance of all
services required by Section (2), "Scope of Services," the two percent (2%) retainage will
be paid to the Consultant. As an alternative to withholding two percent (2%) retainage as
set forth above, the Sponsor may accept a letter of credit or the establishment of an
escrow account in the amount of said retainage and upon such other t erms and conditions
as may be acceptable to the Sponsor and the Consultant. If a letter of credit or escrow
account is not acceptable to the Sponsor, then the percent retainage will control.
(10) PERIOD OF SERVICE:
(A) The services, and if more than one, then each phase thereof, shall
be completed in accordance with the schedule contained in Exhibit VI, "Performance
Schedule," attached hereto and made a part of this Agreement. The Consultant and the
Sponsor will be required to meet this schedule.
(B) The Consultant and Sponsor will be required to meet the schedules
in this Agreement. The Sponsor will grant time extensions for delays due to
unforeseeable causes beyond the control of and without fault or negligence of the
Consultant and no claim for damage shall be made by either party. Requests for
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extensions of time shall be made in writing by the Consultant before that phase of work
is scheduled to be completed, stating fully the events giving rise to the request and
justification for the time extension requested. The anticipated date of completion of the
work, including review time, is stated in Exhibit VI of this Agreement. An extension of
time shall be the sole allowable compensation for any such delays , except as otherwise
provided in Section (3) for additional/changed work and differing/unforeseen conditions.
Any extensions or additional costs shall be subject to MoDOT approval.
(C) As used in this provision, the term "delays due to unforeseeable
causes" include but are not limited to the following:
1. War or acts of war, declared or undeclared;
2. Flooding, earthquake, or other major natural disaster
preventing the Consultant from performing necessary services at the project site, or in the
Consultant's offices, at the time such services must be performed;
3. The discovery on the project of differing site conditions,
hazardous substances, or other conditions which, in the sole judgment of the Sponsor,
justifies a suspension of the services or necessitates modifications of the project design
or plans by the Consultant;
4. Court proceedings;
5. Changes in services or extra services.
(11) TERMINATION OF AGREEMENT – 2 CFR § 200 Appendix II(B):
(A) Termination for Convenience:
1. The Sponsor may, by written notice to the Consultant,
terminate this Agreement for its convenience and without cause or default on the part of
the Consultant. Upon receipt of the notice of termination, except as explicitly directed by
the Sponsor, the Consultant must immediately discontinue all services affected.
2. Upon termination of the Agreement, the Consultant must
deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps,
photographs, estimates, summaries, and other documents and mater ials prepared by the
Consultant under this Agreement, whether complete or partially complete.
3. The Sponsor agrees to make just and equitable compensation
to the Consultant for satisfactory work completed up through the date the Consultant
receives the termination notice. Compensation will not include anticipated profit on non -
performed services.
4. The Sponsor further agrees to hold the Consultant harmless
for errors or omissions in documents that are incomplete as a result of the termination
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action under this clause.
(B) Termination for Default:
1. Either party may terminate this Agreement for cause if the
other party fails to fulfill its obligations that are essential to the completion of the work per
the terms and conditions of the Agreement. The party initiating the termination action must
allow the breaching party an opportunity to dispute or cure the breach.
2. The terminating party must provide the breaching party seven
days advance written notice of its intent to terminate the Agreement. The notice must
specify the nature and extent of the breach, the conditions necessary to cure the breach,
and the effective date of the termination action. The rights and remedies in this clause
are in addition to any other rights and remedies provided by law or under this agreement.
3. Termination by the Sponsor:
a. The Sponsor may terminate this Agreement, in whole
or in part, for the failure of the Consultant to:
i. Perform the services within the time specified in
this Agreement or by Sponsor-approved extension;
ii. Make adequate progress so as to endanger
satisfactory performance of the Project; or
iii. Fulfill the obligations of the Agreement that are
essential to the completion of the Project.
b. Upon receipt of the notice of termination, the
Consultant must immediately discontinue all services affected unless the notice directs
otherwise. Upon termination of the Agreement, the Consultant must deliver to the
Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Consultant
under this Agreement, whether complete or partially complete.
c. The Sponsor agrees to make just and equitable
compensation to the Consultant for satisfactory work completed up through the date the
Consultant receives the termination notice. Compensation will not include anticipated
profit on non-performed services.
d. The Sponsor further agrees to hold Consultant
harmless for errors or omissions in documents that are incomplete as a result of the
termination action under this clause.
e. If, after finalization of the termination action, the
Sponsor determines the Consultant was not in default of the Agreement, the rights and
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obligations of the parties shall be the same as if the Sponsor issued the termination for
the convenience of the Sponsor.
4. Termination by Consultant:
a. The Consultant may terminate this Agreement in whole
or in part, if the Sponsor:
i. Defaults on its obligations under this
Agreement;
ii. Fails to make payment to the Consultant in
accordance with the terms of this Agreement; or
iii. Suspends the Project for more than one
hundred eighty (180) days due to reasons beyond the control of the Consultant.
b. Upon receipt of a notice of termination from the
Consultant, the Sponsor agrees to cooperate with the Consultant for the purpose of
terminating the Agreement or a portion thereof, by mutual consent. If th e Sponsor and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant
may, without prejudice to any rights and remedies it may have, proceed with terminating
all or parts of this Agreement based upon the Sponsor’s breach of t he Agreement.
c. In the event of termination due to Sponsor breach, the
Consultant is entitled to invoice the Sponsor and to receive full payment for all services
performed or furnished in accordance with this Agreement and all justified reimbursable
expenses incurred by the Consultant through the effective date of termination action. The
Sponsor agrees to hold the Consulta nt harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
(12) OWNERSHIP OF DRAWINGS AND DOCUMENTS:
(A) All drawings and documents prepared in performance of this
Agreement shall be delivered to and become the property of the Sponsor upon
suspension, abandonment, cancellation, termination, or completion of the Consultant's
services hereunder; provided, however,
1. The Consultant shall have the right to their future use with
written permission of the Sponsor;
2. The Consultant shall retain its rights in its standard drawing
details, designs, specifications, CADD files, databases, computer software, and any other
proprietary property; and
3. The Consultant shall retain its rights to intellectual property
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developed, utilized, or modified in the performance of the services subject to the following:
A. Copyrights. Sponsor, as the contracting agency,
reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for Governmental purposes:
I. The copyright in any works developed under this
Agreement, or under a subgrant or contract under this Agreement; and
II. Any rights of copyright to which Sponsor, its
Consultant or Subconsultant purchases ownership with payments provided by this
Agreement.
B. Patents. Rights to inventions made under this
Agreement shall be determined in accordance with 37 CFR Part 401. The standard
patent rights clause at 37 CFR § 401.14, as modified below, is hereby incorporated by
reference.
I. The terms "to be performed by a small business
firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) of the
clause;
II. Paragraphs(g)(2) and (g)(3) of the clause shall
be deleted; and
III. Subsection (l) of the clause, entitled
"communication" shall read as follows: "(l) Communication. All notifications required by
this clause shall be submitted to the Sponsor ".
IV. The following terms in 37 CFR 401.14 shall for
the purpose of this Agreement have the following meaning:
Contractor - Consultant
Government and Federal Agency - Sponsor
Subcontractor - Subconsultant
4. Basic survey notes, design computations, and other data
prepared under this Agreement shall be made available for use by the Sponsor without
further compensation and without restriction or limitation on their use.
(B) Electronically Produced Documents:
1. Electronically produced documents will be submitted to the
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Sponsor, MoDOT, and/or FAA in data files compatible with CAD2018 and Adobe PDF.
The Consultant makes no warranty as to the compatibility of the data files beyond the
above specified release or version of the stated software.
2. Because data stored on electronic media can deteriorate
undetected or be modified without the Consultant's knowledge, the electronic data files
submitted to the Sponsor will have an acceptance period of 60 calendar days after receipt
by the Sponsor. If during that period the Sponsor finds any errors or omissions in the
files, the Consultant will correct the errors or omissions as a part of this Agreement.
However, any changes requested by the Sponsor during the 60 calendar day acceptance
period that constitute Additional Services under Section (3) shall be compensated in
accordance with the terms of the Agreement. The Consultant will not be responsible for
maintaining copies of the submitted electronic data files after the acceptance period.
3. Any changes requested after the acceptance period will be
considered additional services for which the Consultant shall be reimbursed at the hourly
rates established herein plus the cost of materials.
4. The data on the electronic media shall not be considered the
Consultant's instrument of service. Only the submitted hard copy documents with the
Consultant Engineer's seal on them will be considered the instrument of service. The
Consultant's nameplate shall be removed from all electronic media provided to the
Sponsor.
(C) The Sponsor may incorporate any portion of the deliverables into a
project other than that for which they were performed, without further compensation to
the Consultant; provided however, that (1) such deliverables shall thereupon be de emed
to be the work product of the Sponsor, and the Sponsor shall use same at its sole risk
and expense; and (2) the Sponsor shall remove the Consultant's name, seal,
endorsement, and all other indices of authorship from the deliverables.
(13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES:
(A) The Sponsor will determine the acceptability of the drawings,
specifications, and estimates and all other deliverables to be furnished, and will decide
the questions that may arise relative to the proper performanc e of this Agreement. The
determination of acceptable deliverables may occur following final payment, and as late
as during the construction of the project which decisions shall be conclusive, binding and
incontestable, if not arbitrary, capricious or the result of fraud.
(B) The Sponsor will decide all questions which may arise as to the
quality, quantity, and acceptability of services performed by Consultant and as to the rate
of progress of the services; all questions which may arise as to the interpretation of the
plans and specifications; all questions as to the acceptable fulfillment of the Agreement
on the part of the Consultant; the proper compensation for performance or breach of the
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Agreement; and all claims of any character whatsoever in connect ion with or growing out
of the services of the Consultant, whether claims under this Agreement or otherwise. The
Sponsor's decisions shall be conclusive, binding and incontestable if not arbitrary,
capricious or the result of fraud.
(C) If the Consultant has a claim for payment against the Sponsor which
in any way arises out of the provisions of this Agreement or the performance or non -
performance hereunder, written notice of such claim must be made within sixty (60) days
of the Consultant's receipt of payment for the retained percentage. Notwithstanding
Section (23) of this Agreement, the notice of claim shall be personally delivered or sent
by certified mail to the Sponsor. The notice of claim shall contain an itemized statement
showing completely and fully the items and amounts forming the basis of the claim and
the factual and legal basis of the claim.
(D) Any claim for payment or an item of any such claim not included in
the notice of claim and itemized statement, or any such claim not filed within the time
provided by this provision shall be forever waived, an d shall neither constitute the basis
of nor be included in any legal action, counterclaim, set-off, or arbitration against the
Sponsor.
(E) The claims procedure in Subsections (13)(C) and (D) does not apply
to any claims of the Sponsor against the Consu ltant. Further, any claims of the Sponsor
against the Consultant under this Agreement are not waived or estopped by the claims
procedure in Subsections (13)(C) and (D).
(F) Not withstanding Subsections (13)(A) through (E) above, in the event
of any material dispute hereunder, both parties agree to pursue, diligently and in good
faith, a mutually acceptable resolution.
(14) SUCCESSORS AND ASSIGNS: The Sponsor and the Consultant agree
that this Agreement and all agreements entered into under the pro visions of this
Agreement shall be binding upon the parties hereto and their successors and assigns.
(15) INDEMNIFICATION RESPONSIBILITY:
(A) The Consultant agrees to save harmless the Sponsor, MoDOT , and
the FAA from all liability, losses, damages, and judgments for bodily injury, including
death and property damage to the extent due to the Consultant's negligent acts, errors,
or omissions in the services performed or to be performed under this Agreement,
including those negligent acts, errors, or omissions of the Consultant's employees,
agents, and Subconsultants.
(B) The Consultant shall be responsible for the direct damages incurred
by the Sponsor as result of the negligent acts, errors, or omissions of the Consultant or
anyone for whom the Consultant is legally responsible, and for any losses or costs to
repair or remedy construction as a result of such negligent acts, errors or omissions;
provided, however, the Consultant shall not be liable to the Sponsor for such losses,
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costs, repairs and/or remedies which constitute betterment of or an addition of value to
the construction or the project.
(C) Neither the Sponsor's review, approval or acceptance of or payment
for any services required under this Agreement, nor the termination of this Agreem ent
prior to its completion, will be construed to operate as a waiver of any right under this
Agreement or any cause of action arising out of the performance of this Agreement. This
indemnification responsibility survives the completion of this Agreement, as well as the
construction of the project at some later date, and remains as long as the construction
contractor may file or has pending a claim or lawsuit against the Sponsor on this project
arising out of the Consultant's services hereunder.
(16) INSURANCE:
(A) The Consultant shall maintain commercial general liability,
automobile liability, and worker's compensation and employer's liability insurance in full
force and effect to protect the Consultant from claims under Worker's Compensation Acts,
claims for damages for personal injury or death, and for damages to property from the
negligent acts, errors, or omissions of the Consultant and its employees, agents, and
Subconsultants in the performance of the services covered by this Agreement, includin g,
without limitation, risks insured against in commercial general liability policies.
(B) The Consultant shall also maintain professional liability insurance to
protect the Consultant against the negligent acts, errors, or omissions of the Consultant
and those for whom it is legally responsible, arising out of the performance of professional
services under this Agreement.
(C) The Consultant's insurance coverages shall be for not less than the
following limits of liability:
1. Commercial General Liability: $500,000.00 per person up to
$3,000,000.00 per occurrence;
2. Automobile Liability: $500,000.00 per person up to
$3,000,000.00 per occurrence;
3. Worker's Compensation in accordance with the statutory
limits; and Employer's Liability: $1,000,000.00; and
4. Professional ("Errors and Omissions") Liability:
$1,000,000.00, each claim and in the annual aggregate.
(D) In lieu of the minimum coverage stated in Subsections (16)(C)(1)
and (C)(2) above, the Consultant may obtain insurance at all times in an amount equal to
the Sponsor’s sovereign immunity caps as stated in section 537.600 RSMo and
subsequently adjusted by the Missouri Department of Insurance. If the statutory limit of
liability for a type of liability specified in this section is repealed or does not exist, the
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Consultant shall obtain insurance with the minimum coverage stated in Subsections
(16)(C)(1) and (C)(2) above.
(E) The Consultant shall, upon request at any time, provide the Sponsor
with certificates of insurance evidencing the Consultant's commercial general or
professional liability ("Errors and Omissions") policies and evidencing that they and all
other required insurance is in effect, as to the services under this Agreement.
(F) Any insurance policy required as specified in Section (16) shall be
written by a company which is incorporated in the United States of America or is based
in the United States of America. Each insurance policy must be issued by a company
authorized to issue such insurance in the State of Missouri.
(17) CONSTRUCTION PHASE OF THE PROJECT:
(A) This Agreement does not include construction phase services.
Review of shop drawings and other construction phase services can be added by
Supplemental Agreement after design has been completed and the construction contract
period has been determined.
(B) Because the Consultant has no control over the cost of labor,
materials, equipment, or services furnished by others, or over the constru ction
contractor(s)' methods of determining prices, or over competitive bidding or market
conditions, any of the Consultant's opinions of probable project costs and/or construction
cost, if provided for herein, are to be made on the basis of the Consultant 's experience
and qualifications and represent the Consultant's best judgment as an experienced and
qualified design professional, familiar with the construction industry, but the Consultant
cannot and does not guarantee that proposals, bids, or actual tot al project costs and/or
construction costs will not vary from opinions of probable costs prepared by the
Consultant.
(C) The Consultant shall not have control over or charge of and shall not
be responsible for construction means, methods, techniques, se quences, or procedures,
or for safety precautions and programs in connection with the construction work, since
these are solely the construction contractor(s)' responsibility under the construction
contract(s). The Consultant shall not be responsible for the construction contractor(s)'
schedules or failure to carry out the construction work in accordance with the construction
contract(s). The Consultant shall not have control over or charge of acts of omissions of
the construction contractor(s), or any of its or their subcontractors, agents, or employees,
or of any other persons performing portions of the construction work.
(18) NONDISCRIMINATION ASSURANCE: During the performance of this
Agreement, the Consultant, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Consultant") agrees as follows:
(A) Compliance With Regulations: The Consultant will comply with the
"Title VI List of Pertinent Nondiscrimination Acts and Authorities", as they may be
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amended from time to time, which are herein incorporated by reference and made a part
of this Agreement. In addition, the Consultant shall comply with all state statutes related
to nondiscrimination.
(B) Nondiscrimination: The Consultant, with regard to the work
performed by it during the Agreement, will not discriminate on the grounds of race, color,
or national origin in the selection and retention of Subconsultants, including procurements
of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,
including employment practices when the Agreement covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
(C) Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding or negotiation made by
the Consultant for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential Subconsultant or supplier will be notified
by the Consultant of the Consultant’s obligations under this Agreement and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
(D) Information and Reports: The Consultant will provide all information
and reports required by the Acts, the Regulations, and directives issued pursuant thereto
and will permit access to its books, records, accounts, other sources o f information, and
its facilities as may be determined by the Sponsor, MoDOT or the FAA to be pertinent to
ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any information required of the Consultant is in the e xclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the
Sponsor, MoDOT or the FAA, as appropriate, and will set forth what efforts it has made
to obtain the information.
(E) Sanctions for Noncompliance: In the event of a Consultant’s
noncompliance with the nondiscrimination provisions of this Agreement, the Sponsor will
impose such contract sanctions as it, MoDOT, or the FAA may determine to be
appropriate, including, but not limited to:
1. Withholding payments to the Consultant under this
Agreement until the Consultant complies; and/or
2. Cancelling, terminating, or suspending this Agreement, in
whole or in part.
(F) Incorporation of Provisions: The Consultant will include these
nondiscrimination provisions in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The Consultant will take action with respect to any subcontract
or procurement as the Sponsor, MoDOT or the FAA may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, that if the Consultant
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becomes involved in, or is threatened with litigation by a Subconsultant or supplier
because of such direction, the Consultant may request the Sponsor or the United States
to enter into such litigation to protect the interests of the Sponsor or United States.
(H) Title VI List of Pertinent Nondiscrimination Acts and Authorities:
During the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Consultant") agrees to comply with
the following nondiscrimination statutes and authorities, including, but not limited to:
1. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et
seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin );
2. 49 CFR Part 21 (Non-Discrimination in Federally-Assisted
Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights
Act of 1964);
3. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 USC § 4601) (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or Federal -aid
programs and projects);
4. Section 504 of the Rehabilitation Act of 1973 (29 USC § 794
et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR Part
27;
5. The Age Discrimination Act of 1975, as amended (42 USC §
6101 et seq.) (prohibits discrimination on the basis of age);
6. Airport and Airway Improvement Act of 1982 (49 USC § 471,
Section 47123), as amended (prohibits discrimination based on race, creed, color,
national origin, or sex);
7. The Civil Rights Restoration Act of 1987 (PL 100 -209)
(Broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of
1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
8. Titles II and III of the Americans with Disabilities Act of 1990,
which prohibit discrimination on the ba sis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain
testing entities (42 USC §§ 12131-12189) as implemented by U.S. Department of
Transportation regulations at 49 CFR Parts 37 and 38;
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9. The FAA’s nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
10. Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, which
ensures nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
11. Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency (LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
and
12. Title IX of the Education Amendments of 1972, as amended,
which prohibits you from discriminating because of sex in education programs or activities
(20 USC § 1681 et seq.).
(19) APPROVAL: This Agreement is made and entered into subject to the
approval of MoDOT.
(20) AVIATION FEDERAL AND STATE CLAUSES:
(A) Civil Rights – 49 USC § 47123: The Consultant agrees to comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure
that no person shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance. This provision binds the Consultant and any subconsultants from the
solicitation period through the completion of the Agreement. This provision is in addition
to that required of Title VI of the Civil Rights Act of 1964.
(B) Trade Restriction Certification – 49 U.S.C. § 50104, 49 CFR Part 30:
1. By execution of this Agreement, the Consultant certifies that
with respect to this Agreement, the Consultant:
A. is not owned or controlled by one or more citizens of a
foreign country included in the list of countries that discriminate against U.S. firms as
published by the Office of the United States Trade Representative (USTR);
B. has not knowingly entered into any contract or
subcontract for this project with a person that is a citizen or national of a foreign country
included on the list of countries that discriminate against U.S. firms as published by the
USTR; and
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C. has not entered into any subcontract for any product to
be used on the project that is produced in a foreign country included on the list of countries
that discriminate against U.S. firms published by the USTR.
2. This certification concerns a matter within the jurisdiction of
an agency of the United States of America and the making of a false, fi ctitious, or
fraudulent certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
3. The Consultant must provide immediate written notice to the
Sponsor if the Consultant learns that its certification o r that of a subconsultant was
erroneous when submitted or has become erroneous by reason of changed
circumstances. The Consultant must require subconsultants provide immediate written
notice to the Consultant if at any time it learns that its certification was erroneous by
reason of changed circumstances.
4. Unless the restrictions of this clause are waived by the
Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be
awarded to a Consultant or subconsultant:
A. who is owned or controlled by one or more citizens or
nationals of a foreign country included on the list of countries that discriminate against
U.S. firms published by the USTR; or
B. whose subconsultants are owned or controlled by one
or more citizens or nationals of a foreign country on such USTR list; or
C. who incorporates in the public works project any
product of a foreign country on such USTR list.
5. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render, in good faith, the
certification required by this provision. The knowledge and information of a Consultant is
not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
6. The Consultant agrees that it will incorporate this provision for
certification without modification in all lower tier subcontracts. The Consultant may rely
on the certification of a prospective subconsultant that it is not a firm from a foreign country
included on the list of countries that discriminate against U.S. firms as published by USTR,
unless the Consultant has knowledge that the certification is erroneous.
7. This certification is a material representation of fact upon
which reliance was placed when entering into this Agreement. If it is later determined that
the Consultant or subconsultant knowingly rendered an erroneous certification, MoDOT
or the FAA may direct through the Sponsor cancellation of the Agreement for defau lt at
no cost to the Sponsor, MoDOT or the FAA.
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(C) Eligible Employees - Executive Order 07-13:
1. The Consultant shall comply with all the provisions of
Executive Order 07-13, issued by the Honorable Matt Blunt, Governor of Missouri, on the
sixth (6th) day of March, 2007. This Executive Order, which promulgates the State of
Missouri’s position to not tolerate persons who contract with the state engaging in or
supporting illegal activities of employing individuals who are not eligible to work in the
United States, is incorporated herein by reference and made a part of this Agreement.
By signing this Agreement, the Consultant hereby certifies that any employee of the
Consultant assigned to perform services under this Agreement is eligible and authorized
to work in the United States in compliance with federal law. In the event the Consultant
fails to comply with the provisions of Executive Order 07 -13, or in the event the Sponsor
has reasonable cause to believe that the Consultant has knowingly employed individuals
who are not eligible to work in the United States in violation of federal law, the Sponsor
reserves the right to impose such contract sanctions as it may determine to be
appropriate, including but not limited to contract cancellation, termination or suspension
in whole or in part or both.
2. The Consultant shall include the above-provision concerning
said Executive Order within every subcontract. The Consultant shall take such action
with respect to any subcontract as the Sponsor may direct as a means of enforcing such
provisions, including sanctions for noncompliance.
(D) Texting While Driving – Executive Order 13513, DOT Order 3902.10:
1. In accordance with Executive Order 13513, "Federal
Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order
3902.10 "Text Messaging While Driving" (12/30/2009), FAA encourages recipients of
Federal grant funds to adopt and enforce safety policies that decrease crashes by
distracted drivers, including policies to ban text messaging while driving when performing
work related to a grant or sub-grant.
2. In support of this initiative, the Sponsor encourages the
Consultant to promote policies and initiatives for its employees and other work personnel
that decrease crashes by distracted drivers, including policies that ban text messaging
while driving motor vehicles while performing work activities associated with the project.
The Consultant must include the substance of this clause in all sub -tier contracts
exceeding Three Thousand Five Hundred Dollars ($3,500) and involve driving a motor
vehicle in performance of work activities associated with the project.
(E) Veteran’s Preference – 49 USC § 47112(c): In the employment of
labor (except in executive, administrative, and supervisory positions), the Consultant and
all subconsultants must give preference to covered veterans as defined within Title 49
U.S.C. § 47112. Covered veterans include Vietnam era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 U.S.C. § 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
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(F) Federal Fair Labor Standards Act (Federal Minimum Wage) – 29
USC § 201, et seq.: All contracts and subcontracts that result from this Agreement
incorporate by reference the provisions of 29 CFR Part 201, the Federal Fair Labor
Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA
sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part-time workers. The Consultant has full responsibility to monitor compliance to the
above-referenced statute and regulation. The Consultant must address any claims or
disputes that arise from this requirement directly with the U.S. Department of Labor –
Wage and Hour Division.
(G) Occupational Safety and Health Act of 1970 – 20 CFR Part 1910: All
contracts and subcontracts that result from this Agreement incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.
The Consultant must provide a work environment that is free from recognized hazards
that may cause death or serious physical harm to the employee. The Consultant retains
full responsibility to monitor its compliance and its subconsultants’ compliance with the
applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part
1910). The Consultant must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor – Occupational Safety and Health
Administration.
(H) Energy Conservation Requirements – 2 CFR § 200, Appendix II(H):
The Consultant and any subconsultants agree to comply with mandatory standards and
policies relating to energy efficiency as contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.).
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Subsection 20 (I) Debarment and Suspension is required in all contracts that
exceed $25,000. If this limit is expected to be surpassed via future supplemental
agreements, this subsection may be included in the original contract to reduce
future contracting efforts.
(I) Debarment and Suspension (Non-Procurement) – 2 CFR Part 180
(Subpart C), 2 CFR Part 1200, DOT Order 4200.5 DOT Suspension & Debarment
Procedures & Ineligibility:
1. By executing this Agreement, the Consultant certifies that
neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this Agreement.
2. The Consultant, by administering each lower tier
subconsultant agreement that exceeds $25,000 as a "covered transaction", must verify
each lower tier Subconsultant participant of a "covered transaction" under the project is
not presently debarred or otherwise disqualified from participation in this federally
assisted project. The Consultant will accomplish this by:
A. Checking the System for Award Management at
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website: https://www.sam.gov.
B. Collecting a certification statement similar to the
statement in Subsection (20)(I)1.
C. Inserting a clause or condition in the covered
transaction with the lower tier Subcontractor.
3. If the Sponsor, MoDOT or the FAA later determines that a
lower tier participant failed to disclose to a higher tier that it was excluded or disqualified
at the time it entered the covered transaction, the Sponsor, MoDOT or the FAA may
pursue any available remedy, including suspension or debarment of the non -compliant
participant.
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Subsections 20 (J) and (K) Lobbying and Influencing Federal Employees and
Contract Workhours and Safety Standards Act Requirements are required in all
contracts that exceed $100,000. If this limit is expected to be surpassed via
future supplemental agreements, these subsections may be included in the
original contract to reduce future contracting efforts.
(J) Lobbying and Influencing Federal Employees – 31 U.S.C. § 1352, 2
CFR § 200, Appendix II(J), 49 CFR Part 20, Appendix A:
1. The Consultant certifies by execution of this Agreement, to the
best of its knowledge and belief, that:
A. No Federal appropriated funds have been paid or will
be paid, by or on behalf of the Consultant, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
B. If any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The Consultant shall require that the language of this
Subsection (20)(F) be included in the award documents for all sub -awards at all tiers
(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
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2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission
of this certification is a prerequisitive for making or entering into this transaction imposed
by Section 1352, Title 31, United States Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than Ten Thousand Dollars
($10,000) and not more than One Hundred Tho usand Dollars ($100,000) for each such
failure.
(K) Contract Workhours and Safety Standards Act Requirements – 2
CFR § 200 Appendix II (E)):
1. Overtime Requirements: No contractor or subcontractor
contracting for any part of the Agreement work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer or
mechanic, including watchmen and guards, in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages: In
the event of any violation of the clause set forth in Subsection (20)(K)1. above, the
contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall b e liable to the Sponsor
and/or the United States for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in Subsection (20)(K)1. above, in the
sum of Ten Dollars ($10) for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in Subsection (20)(K)1. above.
3. Withholding for Unpaid Wages and Liquidated Damages: The
FAA, MoDOT or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be w ithheld
from any monies payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set fort h in
Subsection (20)(K)2. above.
4. Subcontractors: The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in this Subsection (20) and also a clause requiring
the subcontractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this Subsection (20).
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Subsections 20 (L) and (M) Breach of Contract Terms Sanctions and Clean Air
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and Water Pollution Control are required in all contracts that exceed $150,000. If
this limit is expected to be surpassed via future supplemental agreements, these
subsections may be included in the original contract to reduce future contracting
efforts.
(L) Breach of Contract Terms Sanctions - 2 CFR §200 Appendix II(A):
Any violation or breach of the terms of this Agreement on the part of the Consultant or
any Subconsultant may result in the suspension or termination of this Agreement or such
other action that may be necessary to enforce the rights of the parties of this Agreement.
The Sponsor will provide the Consultant written notice that describes the nature of the
breach and corrective actions the Consultant must undertake in order to avoid termination
of this Agreement. The Sponsor reserves the right to withhold payments to the Consultant
until such time the Consultant corrects the breach or the Sponsor elects to terminate this
Agreement. The Sponsor’s notice will identify a specific date by which the Consultant
must correct the breach. The Sponsor may proceed with termination of this Agreement if
the Consultant fails to correct the breach by deadline indicated in the Sponsor’s notice.
The duties and obligations imposed by the Agreement and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations,
rights and remedies otherwise imposed or available by law.
(M) Clean Air and Water Pollution Control – 2 CFR 200 § 200, Appendix
II(G): The Consultant agrees:
1. To comply with all applicable standards, orders, and
regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal
Water Pollution Control Act, as amended (33 U.S.C. § 1251-1387); and
2. To report any violation to the Sponsor immediately upon
discovery. The Sponsor assumes responsibility for notifying the Environmental Protection
Agency and the FAA.
****************************************************************************************************
Subsection 20 (N) Seismic Safety is only required in contracts for work
associated with the construction of new buildings or structural additions to
existing buildings.
(N) Seismic Safety – 49 CFR Part 41: In the performance of design
services, the Consultant agrees to furnish a building design and associated construction
specification that conforms to a building code standard that provides a level of seismic
safety substantially equivalent to standards as established by the National Earthquake
Hazards Reduction Program (NEHRP). Local building codes that model their building
code after the current version of the International Buildin g Code meet the NEHRP
equivalency level for seismic safety. At the conclusion of the design services, the
Consultant agrees to furnish the Sponsor a "certification of compliance" that attests
conformance of the building design and the construction specifications with the seismic
standards of NEHRP or an equivalent building code.
****************************************************************************************************
Subsection 20 (O) Right to Inventions is required in when the consultant has a
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subcontract with a small business firm or non-profit organization that includes
performance of experimental, developmental, or research work
(O) Right to Inventions - 2 CFR §200 Appendix II(F), 37 CFR § 401:
Contracts or agreements that include the performance of experimental, developmental,
or research work must provide for the rights of the Federal Government and the Sponsor
in any resulting invention as established by 37 CFR Part 401, Rights to Inventions Made
by Non-Profit Organizations and Small Business Firms Under Government Grants,
Contracts, and Cooperative Agreements. This Agreement incorporates by reference the
patent and inventions rights as specified within 37 CFR § 401.14. The Consultant must
include this requirement in all sub-tier contracts involving experimental, developmental or
research work.
****************************************************************************************************
(P) Certification of Consultant Regarding Tax Delinquency and Felony
Convictions: The Consultant certifies that it is not a corporation that:
1. Has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; or
2. Was convicted of a criminal violation under any Federal law
within the preceding twenty-four (24) months.
(21) ACTIONS: No action may be brought by either party hereto concerning any
matter, thing, or dispute arising out of or relating to the terms, performance, non -
performance, or otherwise of this Agreement except in the Circuit Court of Cole County,
Missouri. The parties agree that this Agreement is entered into at Jefferson City, Missouri
and substantial elements of its performance will take place or be delivered at Jefferson
City, Missouri, by reason of which the Consultant consents to venue of any action against
it in Cole County, Missouri. The Consultant shall cause this provision to be incorporated
into all of its agreements with, and to be binding upon, all Subconsultants of the
Consultant in the performance of this Agreement.
(22) AUDIT OF RECORDS: For purpose of an audit, the Consultant shall
maintain all those records relating to direct costs and expenses incurred under this
Agreement, including but not limited to invoices, payrolls, bills, receipts, etc. These
records must be available at all reasonable times to the Sponsor, MoDOT , the FAA, and
the Comptroller General of the United States or their designees and representatives, at
the Consultant's offices, at no charge, during the Agreement period and any extension
thereof, and for the three (3) year period following the date of final payment made under
this Agreement. If the Sponsor has notice of a potential claim against the Consultant
and/or the Sponsor based on the Consultant's services under this Agreement, the
Consultant, upon written request of the Sponsor, shall retain and preserve its records until
the Sponsor has advised the Consultant in writing that the disputed claim is resolved.
(23) NOTICE TO THE PARTIES: All notices or communications required by this
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Agreement shall be made in writing and shall be effective upon receipt by the Sponsor or
the Consultant at their respective addresses of record. Letters or other documents which
are prepared in 8.5 x 11 inch format may be delivered by telefax, provided that an original
is received at the same address as that to which that telefax message was sent , within
three (3) business days of the telefax transmission. Either party may change its address
of record by written notice to the other party.
(A) Notice to the Sponsor: Notices to the Sponsor shall be addressed
and delivered to the following Sponsor’s representative, who is hereby designated by the
Sponsor as its primary authorized representative for administration, interpretation, review,
and enforcement of this Agreement and the services of the Consultant hereunder:
NAME AND TITLE OF SPONSOR’S
REPRESENTATIVE
Britt Smith, P.E., Operations Division Director
SPONSOR’S NAME City of Jefferson – Department of Public Works
SPONSOR’S ADDRESS 320 East McCarty Street
Jefferson City, MO 65101
PHONE 573-694-6450 FAX
E-MAIL ADDRESS bsmith@jeffersoncitymo.gov
The Sponsor reserves the right to substitute another person for the individual named at
any time, and to designate one or more other representatives to have authority to act
upon its behalf generally or in limited capacities, as the Sponsor may now or hereafter
deem appropriate. Such substitution or designations shall be made by the Sponsor in a
written notice to the Consultant.
(B) Notice to the Consultant: Notices to Consultant shall be addressed
and delivered to Consultant's representative, as follows:
NAME AND TITLE OF
CONSULTANT’S REPRESENTATIVE
Joe Pestka, Office Manager
CONSULTANT’S NAME Jviation, A Woolpert Company
CONSULTANT’S ADDRESS 931 Wildwood Drive, Suite 101
Jefferson City, MO 65109
PHONE 573-418-0983 FAX
E-MAIL ADDRESS joe.pestka@woolpert.com
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The Consultant reserves the right to substitute another person for the individual named
at any time, and to designate one or more other representatives to have authority to act
upon its behalf generally or in limited capacities, as the Consultant may now or hereafter
deem appropriate. Such substitutions or designations shall be made by the Consultant's
president or chief executive officer in a written notice to the Sponsor.
(24) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Consultant shall comply with all local,
state, and federal laws and regulations which govern the performance of this Agreement.
(25) CONFIDENTIALITY: The Consultant agrees that the Consultant's services
under this Agreement are a confidential matter between the Consultant and the Sponsor.
The Consultant shall not disclose any aspect of the Consultant's services under thi s
Agreement to any other person, corporation, governmental entity, or news media,
excepting only to Consultant’s lawyers, accountants, insurers, and such employees,
Subconsultants, and agents as may be necessary to allow them to perform services for
the Consultant in the furtherance of this Agreement, without the prior approval of the
Sponsor; provided, however, that any confidentiality and non -disclosure requirements set
out herein shall not apply to any of the Consultant's services or to any information w hich
(1) is already in the public domain or is already in the Consultant's possession at the time
the Consultant performs the services or comes into possession of the information ; (2) is
received from a third party without any confidentiality obligations; or (3) is required to be
disclosed by governmental or judicial order. Any disclosure pursuant to a request to the
Sponsor under Chapter 610, RSMo, shall not constitute a breach of this Agreement. The
content and extent of any authorized disclosure shall be coordinated fully with and under
the direction of the Sponsor, in advance.
(26) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the
parties hereto and nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than the Sponsor and the Consultant.
(27) SEVERABILITY AND SURVIVAL:
(A) Any provision or part of this Agreement held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon the Sponsor and the Consultant.
(B) All express representations, indemnifications, or limitations of liability
made or given in this Agreement will survive the completion of all services by the
Consultant under this Agreement or the termination of this Agreement for any reason.
(28) PAYMENT BOND: In the event that any subconsultants are used to supply
at least fifty thousand dollars ($50,000) worth of materials and/or labor not within the
scope of environmental assessment services or licensed professional services as defined
by chapter 327, RSMo, the Consultant shall require any such subconsultants to provide
laborers and materialmen with adequate bond security. Payment bonds shall be
executed by any such subconsultants with the subconsultant as principal and a surety
company authorized to do business in the State of Missouri as surety, and any agent
executing the same on behalf of a subconsultant or surety company must attach a current
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Power of Attorney setting forth sufficient execution authority. Said payment bonds must
be acceptable to the Sponsor to cover all materials used, all labor performed, and all
insurance premiums necessary to comply with Section 107.170, RSMo, and must be
provided to the Sponsor prior to the performance of such subconsultant services under
this Agreement.
(29) 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 Consultant.
(30) ATTACHMENTS: The following Exhibits and other documents are attached
to and made a part of this Agreement:
(A) Exhibit I: Project Description.
(B) Exhibit II: Scope of Services.
(C) Exhibit IIA: Current FAA Advisory Circulars, Standards, Guidance
and MoDOT Standards
(D) Exhibit III: Services Provided by the Sponsor.
(E) Exhibit IV: Derivation of Consultant Project Costs.
(F) Exhibit V: Engineering Basic and Special Services - Cost
Breakdown.
(G) Exhibit VI: Performance Schedule
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MoDOT Project No.: [22-040B-1]
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement,
executed by their respective proper officials, on the date last written below.
Executed by the Consultant the /7 day of tekif tj,31 , 20 z7i
Executed by the Sponsor the Hp day of µ- 202X,
Consultant:
Jviation, A Woolpert ompany
Bv:
Signature
Title: 641C, Nei. .4479(
ATTEST:
i" By: By:
Signat e
Title: j Title:
35
Sponsor:
City of Jefferson
By:
0,6viAtir
Signature
Title: nAj
ATTEST:
City G1-e4rA- -
Rev. 04/11/2018
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibit I -1
EXHIBIT I
PROJECT DESCRIPTION
1. Environmental and land related services
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MoDOT Project No.: [22-040B-1]
Exhibit II -1
EXHIBIT II
SCOPE OF SERVICES
Jefferson City Memorial Airport
MoDOT Project No. 22-040B-1.
Environmental and Land Related Services
July 14, 2022
Page 1 of 7 REV 2020.04
EXHIBIT II
SCOPE OF WORK
FOR
JEFFERSON CITY MEMORIAL AIRPORT
Jefferson City, Missouri
Project No.
Environmental and Land Related Services
This is a Consulting Contract between the City of Jefferson, Missouri and Jviation, Inc., a Woolpert
Company, for providing professional services. For the remainder of this scope the Airport is indicated as
“Sponsor” and Jviation, Inc. is indicated as “Engineer.” The approximate scope of this project is the
acquisition of fee simple property.
This project shall consist of oversight of the preparation of appraisals, review of the appraisals,
negotiations, environmental documentation and support for the project to acquire fee simple property
for the construction of an air traffic control tower and related improvements. The property in question is
the Boessen property located south of Runway 12/30. This scope of work is for the consulting services
provided by the Engineer for the Sponsor. See Exhibit “A” Airport Property Inventory Map dated
September 2020 attached to this Scope of Work.
DESCRIPTION
This project will consist of acquiring one parcel or a portion of one parcel in fee simple. The proposed
property to be acquired is as follows:
Parcel No. 39 (Boessen) Approximately five (5) acres. To be determined by survey
Parcel No. 40 (Boessen) For information purposes – Parcel 39 is generally part of Parcel
40
The land will be acquired for use by the Sponsor to improve existing airport safety, meeting design
standards and for future airport development. All work shall be performed in accordance with the FAA
Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and Relocation Assistance
for Airport Improvement Program Assisted Projects.
The fees for this project will be broken into two parts. Part A-Basic Services includes; 1) Preliminary Phase,
2) Appraisals, Review Appraisals, 3) Acquisition and Negotiations Phase, 4) Close-out Phase and EX)
Reimbursable Costs during Part A-Basic Services. In addition, this scope of work will include additional
services that will be completed by subconsultants to Jviation to perform appraisals, and other tasks.
PART A - BASIC SERVICES consists of the preliminary phase, appraisals, review appraisals, acquisition and
negotiations phase and close-out phase, all invoiced on a lump sum basis.
1.0 Preliminary Phase
1.01 Coordinate and Attend Meetings with the Sponsor and MoDOT. Meetings with the Sponsor and
MoDOT will take place to determine critical project dates, establish the proposed schedule and AIP
development schedule, and determine the feasibility of the proposed acquisition. It is anticipated that
Jefferson City Memorial Airport
MoDOT Project No. 22-040B-1.
Environmental and Land Related Services
July 14, 2022
Page 2 of 7 REV 2020.04
there will be a minimum of two meetings via teleconference with the Sponsor and MoDOT throughout
the course of the project.
1.02 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work
through discussions and correspondence with the Sponsor and MoDOT. This task includes drafting the
contract for the work to be completed by the Engineer for the Sponsor.
1.03 Update and Modify Exhibit “A” Property Map. This task includes updating the Exhibit “A” Property
Map to include the acquisition associated with this project, including, ownership description, recording
information (County records of book and page numbers) and FAA interest and acquisition dates. The
Exhibit “A” Property Map will have the parcel colored for easy identification. The updates will follow
guidance in FAA SOP 3.00 Standard Operating Procedures (SOP) for FAA Review of Exhibit “A” Airport
Property Inventory Maps.
1.04 Prepare Environmental Documentation. In discussions with MoDOT it has been determined that an
environmental assessment (EA) applies, according to FAA Order 1050.1F. An EA shall be completed
following current FAA guidance and address potential environmental effects resulting from the proposed
project. Coordination with the U.S. Fish and Wildlife Services, Missouri Department of Conservation, City
of Jefferson, State Emergency Management Agency and other applicable agencies will occur as part of the
EA process. The EA will be made available for public review and comment; public meetings are not
included in this SOW. It is anticipated that a cultural resource survey, historic building survey, phase I
environmental site assessment, and asbestos and lead based paint survey will be needed. An overall
environmental exhibit will be created as part of this scope of work and referenced throughout the project.
See Attachment 1 for full environmental scope of work.
1.05 Prepare Preliminary Title Reports. The Engineer or its subconsultant shall order and review all
necessary titles and prepare parcel files in advance of acquisition services. A subconsultant shall be used
for the title reports. Engineer or subconsultant shall order preliminary title reports for the parcel and shall
review the reports for encumbrances and distribute copies of the report to the appraiser. A property
ownership contact spreadsheet shall be prepared by the Engineer identifying the site address and known
mailing address and phone number for landowners.
TASK 1 DELIVERABLES TO MoDOT TO SPONSOR
1.01 Coordination and meetings with Sponsor and MoDOT ✓ ✓
1.02 Scope of Work and Contract for Sponsor ✓ ✓
1.03 Updated Exhibit “A” Property Map ✓ ✓
1.04 Prepare Environmental Documentation ✓ ✓
1.05 Title Reports ✓ ✓
TASK 1 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
1.01 Meeting with Sponsor and
MoDOT
• Jefferson City
One (1) Senior Consultant
Assume two (1) hour via teleconference (Two calls)
1.02 Prepare Project Scope of Work
and Contract
• Jefferson City
One (1) Senior Consultant
Assume One (1) hour via teleconference
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2.0 Appraisals and Review Appraisals
2.01 Coordinate Appraisals. This task includes negotiating with the appraisal and review appraisal firms
for a cost to perform the appraisals and to coordinate the schedule.
1. The Engineer shall manage the appraisal process, utilizing the means and methods as described
below. The Engineer shall perform preliminary quality control on appraisal activities.
2. The Engineer shall oversee appraisal activities and provide preliminary quality control of
appraisals. Appraisal management shall include the collection of readily available data required
to complete the appraisal report. The Appraiser shall provide written notice of the pending
appraisal to the affected landowners and make personal contact with each owner to acquire any
missing contact information.
One appraisal and review appraisal will be prepared for the property. The appraisals shall be completed
following FAA Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and
Relocation Assistance for Airport Improvement Program Assisted. Two copies of the appraisal reports shall
be produced and the Sponsor will be responsible for approving the final determination of value for the
appraisals.
Engineer responsibilities shall include:
Manage all appraisal activities and coordinate those activities with the subconsultants.
Develop an approved appraisal scope or instructions.
Perform a preliminary quality control review of the delivered appraisals.
Deliver the appraisal reports for the assigned parcels.
Sponsor responsibilities shall include:
Provide all available owner contact information and all other pertinent data needed to
complete the appraisals prior to the final assignment of appraisals.
To approve Engineer’s agreement to move forward with appraisals.
To review the appraisals.
To sign the final determination of value authorizing the initial offering price.
TASK 2 DELIVERABLES MoDOT TO SPONSOR
2.01 Appraisal Reports ✓ ✓
TASK 2 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
2.01 Appraiser Coordination • Jefferson City
One (1) Senior Consultant
Assume One (1) hour via teleconference (2 meetings)
3.0 Acquisition and Negotiations Phase
3.1 Coordinate Negotiations. The Engineer’s subconsultant shall make every reasonable effort to acquire
the fee simple property identified by expeditious negotiation. The Engineer’s subconsultant will attempt
to bring the negotiation for the property assigned to settlement or to a point where the Sponsor can make
a decision to proceed with acquisition or condemnation. The Engineer shall coordinate closely with the
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subconsultant and Sponsor during all acquisition activities. Negotiations are considered complete if the
property is purchased and the transaction is closed, if a parcel is sent to condemnation or if an offer is
rescinded.
The Engineer’s subconsultant shall act in good faith at all times.
The Engineer’s subconsultant shall never coerce owners.
The Engineer’s subconsultant shall present a prepared offer packet for the parcel.
The Engineer’s subconsultant shall make personal contacts with the property s with the intent
of reaching settlement for the conveyance of properties or property rights needed from the
parcels. Additional contacts as needed may be made as mutually agreed between the
Engineer, subconsultant and Sponsor.
The Engineer’s subconsultant shall explain the offer orally with the authorized representative.
The Engineer’s subconsultant shall keep current and provide detailed written information in
the Negotiator’s Diary for each parcel.
3.2 Prepare Offer Packages and Review Legal Descriptions. The Engineer’s subconsultant shall prepare
an offer package in conformance with the FAA Order 5100.37B and Advisory Circular 150/5100-17 Change
7, Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects.
The Engineer’s subconsultant responsibilities shall include:
Prepare a sample offer package for review and approval by the Sponsor.
Prepare an offer package for the affected easement.
Submit the offer package to the Engineer to perform a quality control review before sending
to the property owner.
Sponsor’s responsibilities shall include:
Review and approve the offer package.
3.3 Negotiate Acquisition of Property. The Engineer’s subconsultant shall negotiate the acquisition with
the affected owners. In accordance with applicable state and federal law, and in accordance with the FAA
Order 5100.37B and Advisory Circular 150/5100-17 Change 7, Land Acquisition and Relocation Assistance
for Airport Improvement Program Assisted Projects. The Engineer’s subconsultant shall keep a diary of all
owner contacts in electronic format for the acquisition parcels. The Engineer’s subconsultant shall
attempt to complete negotiations within 120 days of making the last offer to purchase on any property.
If negotiation is not completed within 120 days, the Engineer and Sponsor shall discuss, and the Sponsor
shall decide on a course of action for the parcel. That course of action may include continuing negotiations
for an agreed period of time, recommending an administrative settlement, recommending the parcel for
condemnation or rescinding the offer.
Engineer’s subconsultant responsibilities shall include:
Negotiation for the purchase of two avigation easements.
Keep an updated Negotiator’s Diary for the parcel.
Sponsor’s responsibilities shall include:
Assign the parcels for negotiation.
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Review and approve a continuation of negotiations past 120 days, a recommendation for
administrative settlement; or condemnation or rescinding any offer where negotiations
exceed 120 days.
3.4 Prepare Administrative Settlement Memo or Condemnation Package. If an offer to purchase or
settlement within the authorized settlement authority of the acquisition agent is not reached, the
Engineer’s subconsultant shall prepare either an administrative settlement or a condemnation package.
The administrative settlement memo will identify the justification for any proposed settlement and shall
include all supporting data. Any settlement over the initial offering price but within the authority of
acquisition agent’s settlement authority shall be documented in the Negotiator’s Diary. The
condemnation package will include a brief memo summarizing negotiations and will include copies of all
pertinent documents, appraisal, and correspondence from each parcel file. A separate task for
condemnation support will be prepared if the acquisition agent is required to respond to attorney
requests, respond to deposition, or make court appearances.
Engineer’s subconsultant responsibilities shall include:
Document any administrative settlements in either the Negotiator’s Diary or in an
Administrative Settlement Memo.
Prepare condemnation package(s) as needed.
Sponsor’s responsibilities shall include:
Determine and assign the amount of monetary settlement authority the acquisition agent has
over the initial approved offer.
Review and approve or disapprove any proposed administrative settlement memos
submitted by Engineer.
Review and approve any submitted condemnation package.
3.5 Transmit Executed Documents, Manage Escrow Closing and Process Payment. To ensure the parcels
assigned under this task have a clear title or that all encumbrances identified as an acceptable title risk
have been identified and approved by the Sponsor before recording at the county courthouse, the
Engineer will review and clear, if possible, any liens and encumbrances through the title company
subconsultant. If existing liens are deemed acceptable for the purposes of this project, the Engineer will
coordinate with lien holders and obtain proper documentation of permission to encumber the rights of
the lien holders, if any. The Sponsor will provide written approval of all encumbrances and liens it is willing
to accept on the acquisitions. The Engineer’s subconsultant shall manage the escrow closing process,
transmit all signed documents to either the title company or the Sponsor along with payment request for
the acquisition. All transmittal of final documents and payment requests to the Sponsor shall be
accompanied by an explanatory memo prepared by the Engineer’s subconsultant.
Engineer’s subconsultant responsibilities shall include:
Transmit all executed documents to Sponsor or title company.
Manage all escrow closing through title company.
Process all payments through the Sponsor.
Sponsor’s Responsibilities:
Process and deliver all final payments to escrow company or property owner.
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TASK 3 DELIVERABLES TO MoDOT TO SPONSOR
3.2 Prepare Sample Offer Package ✓ ✓
3.4 Prepare Administrative Settlement Memo ✓ ✓
3.5 Transmit Executed Documents ✓ ✓
TASK 3 MEETINGS/SITE VISITS LOCATION/ATTENDEES/DURATION
3.2 Discuss with Sponsor for approval
of offer.
• Jefferson City, MO
One (1) Senior Consultant
Assume One (1) hours via teleconference (1 meeting)
4.0 Close-Out Phase
4.1 Preparation of Final Files/Report. The Engineer shall prepare files to meet the certification standards
of the FAA and Missouri State ROW Manual at the completion of this project and transmit that file to the
Sponsor. An FAA Real Property Acquisition Certification Form will be completed for each file.
Engineer responsibilities shall include:
Transmit completed file to the Sponsor at the completion of the project.
Complete an FAA Real Property Acquisition Certification Form for each file.
One Final Close Out Report will be submitted for all fiscal year 2021 acquisitions.
Sponsor’s responsibilities shall include:
Review final files transmitted to Sponsor.
4.2 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses,
engineering fees and costs, environmental costs and avigation easement purchase costs associated with
project and assemble a total project cost summary. The summary will be compared with the available
funding.
TASK 4 DELIVERABLES: TO MoDOT TO SPONSOR
4.1 Prepare Close Out Report ✓ ✓
4.2 Prepare Project Cost Summary ✓ ✓
EX Reimbursable Costs during Basic Services
This section includes reimbursable items such as auto rental, mileage, lodging and per diem, travel and
other miscellaneous costs incurred in order to complete Part A – Basic Services.
Assumptions
The scope of services described previously is based on the following assumptions of responsibilities by the
Engineer and Sponsor.
1. It is anticipated there will be a minimum number of trips and site visits to the airport to
facilitate the completion of the various phases listed in this scope.
2. The Sponsor will furnish escorts as needed for the Engineer to conduct field work.
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3. The Sponsor will coordinate with tenants as required to facilitate field evaluations.
4. Assumptions upon which this scope of work is based are also included. All work shall be
performed in accordance with the FAA Order 5100.37B and Advisory Circular – AC 150/5100-
17 Change 7.
5. The Engineer may reasonably rely upon the accuracy of data furnished by the Sponsor or any
other project participant not under contractual responsibility to the Engineer pursuant to the
project and upon which the Engineer will base the services provided hereunder. The Engineer
will utilize the following plan standards for the project:
6. Because the Engineer has no control over the cost of land and associated costs, the Engineer's
opinions of probable land acquisitions will be made on the basis of experience. The Engineer
does not guarantee costs of land will not vary from the proposed estimate.
7. The offers will be made in person whenever possible.
8. The date of the completed appraisals will be considered the beginning of negotiations.
9. This work task does not include condemnation support by the acquisition agent.
10. There will be a maximum of one administrative offer prepared.
11. Sponsor will provide written notice to Engineer if any or the amount of monetary settlement
authority they have approved for the acquisition agent.
12. Negotiations will be deemed complete for the Engineer when the parcels have either closed
and payment is made, been accepted for condemnation by Sponsor or the offers have been
rescinded.
13. The encumbrances to be cleared will be limited to those identified in the title report and will
be cleared by the title company as part of the escrow closing.
14. The Sponsor will make prompt payment for properly processed acquisition.
15. Sponsor will review final files promptly and ask for changes or additional information.
16. Engineer will be available to answer questions and update the final files until written approval
that the project has been closed out.
17. When requested by the Sponsor or MoDOT, the Engineer will assist with the project, or year-
end audit. The Engineer will provide files requested that are pertinent to the project cost and
completion
Attachments
Attachment 1: Environmental Assessment Scope of Work
Attachment 2: Cost Estimate
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Table of Contents
Overview
Task 1.0 Project Management
1.1 Scoping and Project Initiation
1.2 Project Management
1.3 Sub-consultant Coordination
Summary and Deliverables
Task 2.0 Public and Stakeholder Involvement
2.1 Agency Coordination
2.2 Public Coordination
2.3 Open House
2.4 Advertisement of EA
Summary and Deliverables
Task 3.0 Pre-Design and Survey
3.1 Survey
3.2 30% Pre-Design
Summary and Deliverables
Task 4.0 Environmental Documentation
4.1 Purpose and Need
4.2 Alternative Analysis
4.3 Affected Environment and Environmental Consequences
4.3.1 Affected Environment
4.3.2 Environmental Consequences
4.4 Other EA Sections
Summary and Deliverables
Task 5.0 Report Preparation and Deliverables
5.1 Draft Environmental Assessment (DEA)
5.2 DEA Comment Responses
5.3 Final Environmental Assessment (FEA)
Summary and Deliverables
Attachment 1 – Proposed Project Fee
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SCOPE OF WORK
FOR
LAND ACQUISITION AND CONSTRUCTION OF AIR TRAFFIC
CONTROL TOWER AT
THE JEFFERSON CITY MEMORIAL AIRPORT (JEF)
JEFFERSON CITY, MISSOURI
Environmental Assessment
The following Scope of Work (SOW) details the actions required for Jviation, a Woolpert Company (the
Consultant) to complete an Environmental Assessment (EA) as required by the Federal Aviation
Administration (FAA) for a land acquisition, demolition of existing air traffic control tower (ATCT), and
construction of new ATCT project (Proposed Action) at the Jefferson City Airport (Airport) to be undertaken
by Jefferson City (City, Sponsor, and/or Client). Specifically, the Proposed Action will include the acquisition
of approximately five (5) acres of land, demolition of existing ATCT, construction of a new ATCT, and
associated roadways and other infrastructure needed as part of the ATCT development.
Figure 1: Project Exhibit
Source: Jviation
OVERVIEW:
The purpose of this EA is to evaluate potential environmental impacts resulting from the Proposed Action.
Specifically, an EA will be prepared in accordance with the current FAA guidance including FAA Order
1050.1F, Environmental Impacts: Policies and Procedures; FAA Order 1050.1F, Desk Reference, and FAA Order
Approximate
Study Area
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5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions, as well as applicable
environmental regulations associated with the State of Missouri.
The EA will be comprised of four (4) major sections, each completed to the degree necessary to satisfy the
regulatory requirements as established by the FAA. The major sections of the SOW include:
1. Project Management
2. Public and Stakeholder Involvement
3. Environmental Documentation
4. Report Preparation and Development
1.0 PROJECT MANAGEMENT :
The Consultant has the overall and primary responsibility for the preparation of the EA for the Proposed
Action. The Consultant will conduct the EA professionally and utilize experienced staff and sub-consultants
throughout the project to assure quality and the timely performance of scoped tasks.
1.1 Scoping and Project Initiation
This section consists of preparation of the SOW and fee by the Consultant for review by the Client. This task
includes coordinating with the Client, MoDOT, and the FAA to determine the appropriate level of
documentation required. It is anticipated that coordination will be done via email and phone. (NOTE: Due
to the potential complexity of the EA process and the potential for unique FAA requirements, t his
SOW will be submitted to the FAA for comment and approval prior to final completion of the fee.)
As part of the scoping process, the description of the Proposed Action will be refined and approved by
MoDOT and the FAA. The Consultant will coordinate with the State Historic Preservation Office (SHPO) to
determine their level of interest in being involved with the project.
1.2 Project Management
The Consultant will professionally manage the project for the duration, ensure that appropriate personnel are
assigned to the project to ensure quality and schedule performance, and provide monthly project status reports
that accompany each pay request. Onsite meetings are not included in this SOW.
1.3 Sub-consultant Coordination
This section consists of coordinating, managing, and contracting with various sub-consultants contracted to
perform specific aspects of this SOW as detailed throughout. Sub-consultant work will be reviewed, edited, and
monthly invoices from sub-consultants will be processed and paid.
Task 1.0 Summary and Deliverables:
Task Product(s): An accepted SOW and project fee and signed contractual agreements with all relevant
parties to the study.
Sponsor Task Responsibilities: The Sponsor will actively coordinate with the Consultant on reviewing
and commenting on the SOW and fee and executing the contract. The Sponsor will participate in
conference calls throughout the duration of the EA.
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Consultant Task Responsibilities: The Consultant will coordinate with the Sponsor to establish a final
SOW and fee (pending MoDOT and FAA comments), project schedule; and will actively work to execute
contracts. The Consultant will provide monthly project status reports to the Sponsor and host conference
calls throughout the duration of the EA (if requested by the Sponsor).
2.0 PUBLIC AND STAKEHOLDER INVOLVEMENT
The completion of public outreach and stakeholder involvement is a crucial element of the EA. The following
sections describe those efforts that will be taken to ensure adequate coordination with the public and interested
stakeholders will be completed as part of the EA.
2.1 Agency Coordination
Coordination with federal, state, and local agencies will be an integral part of the environmental documentation
and will be completed by the Consultant. Coordination will be completed primarily via phone, email, and letters.
It is anticipated that a majority of agency coordination will occur with MoDOT and the FAA; however,
coordination with other agencies will be completed as required.
2.2 Public Coordination
Adequate public coordination is a vital component to the success of the EA and will be crucial tool to gauge
public support or concerns. The Consultant will work with the Sponsor to develop an initial outreach strategy
to notify adjacent landowners of the Proposed Action. It is anticipated that this will be done via individual
letters to landowners based on a contact list from the Sponsor. From this initial outreach, the extent of
additional public coordination will be determined.
2.3 Advertisement of EA
The EA will be advertised in the local newspaper in two phases: the first phase will advertise the availability of
the Draft EA for review and public comment, and the second phase will advertise the completion of the Final
EA and associated findings (FONSI/ROD). Comments from the Draft EA will be reviewed, addressed as
necessary, and included in the Final EA.
The Notice of Availability for the Draft EA will also provide a request for an opportunity for a public hearing.
Due to the historically limited public interest in the project, tt is not anticipated that a public hearing or open
house will be needed for this project; thus, neither have been included in this SOW. If the Sponsor and/or
FAA deem a public hearing or meeting are necessary, they will be completed under a separate SOW and fee.
Task 2.0 Summary and Deliverables:
Task Product(s): Letters and emails will be prepared for agency and public coordination. Draft EA and
Final EA advertisements for local papers will be prepared as part of this task.
Sponsor Task Responsibilities: The Sponsor will actively work with the Consultant to coordinate with
agencies, the public, and newspapers, as applicable.
Consultant Task Responsibilities: The Consultant will coordinate with the Sponsor and applicable
agencies to ensure adequate communication regarding the project is completed. The Consultant will
distribute letters and emails as applicable and follow up via phone and email as needed.
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3.0 ENVIRONMENTAL DOCUMENTATION
The Consultant will prepare the EA in accordance with the current FAA guidance including FAA Order
1050.1F, 1050.1F Desk Reference, and FAA Order 5050.4B, as well as applicable State of Missouri environmental
regulations. The EA template will follow the format recommended in FAA Order 1050.1F.
The EA document itself will include the following sections:
3.1 Purpose and Need
The Consultant, in conjunction with MoDOT and the FAA, will prepare the Purpose and Need statement.
This will include a brief discussion of the need (the problem) and the purpose (the proposed solution) of the
Proposed Action as well as the timeframe for implementing the action. This section will also include a brief
introduction of the EA and the Airport. The Purpose and Need statement will be approved by MoDOT and
the FAA before moving forward with the EA.
3.2 Alternative Analysis
The Consultant will review the various solutions to the problem as described in the Purpose and Need
statement. The solutions will include the Airport’s preferred proposed action, in addition to all other reasonable,
feasible and prudent alternatives that the Airport and the Consultant may have considered to meet the Purpose
and Need, as required by NEPA (40 CFR 1501.2(c)).
This section will explain the process that the Consultant used to screen (i.e., consider and then accept or reject)
various alternatives to the Proposed Action. The EA will include an explanation of why the Proposed Action
was selected in lieu of other reasonable alternatives identified. The EA will also identify the No Action
alternative to meet NEPA requirements and to serve as a baseline against which all reasonable alternatives will
be compared.
It is anticipated that the EA will review three (3) alternative scenarios and carry two (2) alternatives forward.
Alternatives to be carried forward will include the No Action alternative and the Proposed Action alternative.
3.3 Affected Environment and Environmental Consequences
This section will include both the Affected Environment and Environmental Consequences. The combination
of the two sections will aid in the FAA’s goal of reducing the length of EAs.
3.3.1 Affected Environment
This section will include a description of the current physical, natural, and human environment within the
project study area. It will summarize only those environmental resources that the No Action, Proposed Action,
and other alternatives are likely to affect in accordance with FAA Orders 1050.1F and 5050.4B.
Based upon a preliminary review of the study area coastal resources will not be reviewed in detail as the study
area is not located in a coastal state. The resource will be mentioned and dismissed within the section.
The resource categories listed below require an analysis for existing conditions due to the possibility of impacts
from the Proposed Action and reasonable alternatives. As required, each category will be described/analyzed
per guidance found in the FAA 1050.1F, Desk Reference.
Air Quality
Biological Resources
Climate
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Department of Transportation Act, Section 4(f)
Farmlands
Hazardous Materials, Solid Waste, and Pollution Prevention
Historic, Architectural, Archaeological, and Cultural Resources
Land Use
Natural Resources and Energy Supply
Noise and Compatible Land use
Socioeconomics, Environmental Justice, and Children’s Health and Safety Risks
Visual Effects
Water Resources
3.3.2 Environmental Consequences
This portion of the EA will discuss the environmental effects associated with the No Action and Proposed
Action as they relate to the environmental impact categories outlined in FAA Orders 1050.1F and 5050.4B with
the exception of those noted as not being within the project area.
As the Consultant evaluates the environmental consequences, coordination with the appropriate reviewing
agencies will occur as needed. The coordination shall occur primarily via written and telephone correspondence.
The analyses needed to properly determine project-induced impacts on various environmental categories may
require separate, in-depth independent studies. This SOW includes several studies that may be necessary;
however, if any agency requires an additional or expanded effort not included in this SOW, or if the Client or
FAA chooses to include such an additional effort in this EA, then the Consultant would require an additional
work scope and an adjusted fee.
The Consultant will consider the following impact categories (including all those not dismissed previously) and
determine if the No Action, Proposed Action, or reasonable alternatives would affect them.
Air Quality
This subsection will describe the potential air quality impacts of the Proposed Action and the No
Action alternative. It will also briefly describe the laws and regulations applicable to these actions, and
how those actions would unavoidably affect air quality as well as the measures required to mitigate
those effects.
The Airport is located in Cole County, which is designated by the EPA as being in attainment for all
criteria pollutants. It is not anticipated that the Proposed Action will result in a change in the number
of aircraft operations and associated emissions. Therefore, an operational emissions inventory of
aircraft operations will not be computed. Construction emissions will also result in short-term and
temporary impacts. A qualitative discussion regarding construction-related emissions will be completed
for the Proposed Action.
Biological Resources (including fish, wildlife, and plants)
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This subsection will describe the laws and regulations applicable to the No Action and Proposed
Action, and how those actions would unavoidably affect identified species in the study area as well as
measures required to mitigate those effects.
Per the U.S. Fish and Wildlife’s Information Planning and Consultation (IPaC) system, the Gray Bat,
Indiana Bat, and the Northern Long-eared Bat, as well as numerous birds protected by the Migratory
Bird Treaty Act and the Bald and Golden Eagle Protection Act may occur in proximity to the study
area. The Proposed Action would occur in an area that likely does not provide habitat for these
biological resources; however, an official IPaC report will be obtained to verify the potential presence
of protected species. It is not anticipated that any additional biological surveys will be needed, and
existing information is anticipated to be adequate for use. A biological survey is not included in this
SOW. If the federal agency and/or U.S. Fish and Wildlife Service (USFWS) requests a survey, it will
be completed under a separate SOW and fee.
Consultation with the U.S. Fish and Wildlife Service, if applicable, will be completed by the FAA.
Climate
This section will consider greenhouse gases (GHGs) and climate change in relation to the No Action
and Proposed Action. The discussion will include whether a reduction of emissions is possible as well
as how the No Action and Proposed Action could be affected by future climate conditions (i.e., climate
adaptation).
Department of Transportation Act, Section 4(f)
This section will describe the resources in the study area that 49 U.S.C., Section 303(c) (commonly
known as “Section 4(f)”) protects. Based upon existing information, no recorded Section 4(f) lands are
within the project area. Should a Section 4(f) analysis be deemed necessary by the FAA, it will be
completed under a separate SOW and fee.
Hazardous Materials, Solid Waste, and Pollution Prevention
This section will describe the hazardous materials that are used at, stored at, or transported to the
Airport. Waste disposal facilities and capacities for types of waste currently generated and that may be
generated by the proposed project will be identified. As required by the FAA, a Phase I Environmental
Site Assessment will be completed by a subconsultant for the land to be acquired. The result of the
Assessment will be discussed within the EA. Additionally, an asbestos and lead paint survey of the
existing ATCT will be completed and discussed within the EA. If more detailed hazardous materials
studies are requested by MoDOT or the FAA, it will be conducted under a separate SOW and fee.
Historical, Architectural, Archeological, and Cultural Resources
This subsection will describe the historical, architectural, archaeological, and cultural resources of
national importance that occur in and near the study area. An initial review of the area and how the
alternatives would physically and audibly impact the area helps the FAA in determining the Area of
Potential Effect (APE). The FAA will assist the Consultant in determining the APE, which may include
areas of disturbance, the existing airport property, and property within the view shed of the Airport.
The Proposed Action would occur in an area that has largely been disturbed by farming operations;
however, the area is not developed. As such, a Class II cultural resource survey will be completed by a
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subconsultant for the project area. The existing ATCT will also be evaluated for historic significance
and a historic resource survey will be prepared by a subconsultant.
The Consultant will coordinate the proposed project with the Missouri State Historic Preservation
Office (SHPO). The FAA will coordinate with applicable Native American Tribes considered to have
an interest in the project. Coordination with SHPO and Tribes will help determine the effect of the
proposed project on properties on or eligible for inclusion on the NRHP in compl iance with Section
106 of the National Historic Preservation Act (NHPA) and provisions outlined in Executive Order
13175, Consultation and Coordination with Indian Tribal Governments and the Executive
Memorandum, Government-to-Government Relations with Native American Tribal Governments.
The Consultant will assist the FAA with the necessary information and documentation for this
consultation and coordination, as needed.
Additional survey work and coordination that may be required by the SHPO and/or tribal
representation is not included in this SOW. Should this work be required, it will be completed under a
separate SOW and fee.
Land Use
This section will describe existing land uses and zoning conditions within the study area that the
Proposed Action could potentially affect as well as how existing land uses may affect the Proposed
Action. It will also describe the regulations applicable to those actions, how those actions would affect
land uses in the study area, and the measures to mitigate those effects.
Natural Resources and Energy Supply
This section will include a general assessment of the Proposed Action on natural resources and energy
supply. The basic infrastructure providing these resources will be reviewed.
Noise and Noise-Compatible Land Use
This section will describe potential noise impacts resulting from construction and changes in aircraft
operations. No changes to aircraft operations are anticipated; therefore, this SOW includes a qualitative
discussion on noise related to construction and surface vehicle traffic.
The development of DNL contours is not included in this SOW. If MODOT, the FAA, or other
agencies determine noise contours are needed, they will be completed under a separate SOW and fee.
Should significant noise impacts be identified, noise mitigation measures will be recommended.
However, this SOW does not include detailed design or analysis of mitigation measures.
Socioeconomics, Environmental Justice, and Children’s Environmental Health and Safety
Risks
This subsection will describe the impacts resulting from proposed actions upon the social and
community aspects of the area. This section will also address the requirements for Environmental
Justice regarding low income and minority populations and risks to children’s health and safety.
Visual Effects (including light emissions)
In this subsection, the Consultant will evaluate project-related visual, aesthetic, and light impacts. To do
so, the Consultant shall determine if the No Action and Proposed Action would cause lighting or visual
impacts on areas of unique natural beauty, historic or architectural significance.
JEFFERSON CITY MEMORIAL AIRPORT
MODOT PROJECT NO. 22-040B-1
ENVIRONMENTAL SERVICES
JULY 14, 2022
Page 9 of 10
A special lighting study is not included in this SOW, if the FAA determines a special lighting study is
warranted, it will be completed under a separate SOW and fee.
Unique situations that may require special analysis, include:
• Native American traditional cultural places, protected tribal resources, and Indian sacred sites
that may be affected by light emissions;
• unique areas that are valued for dark skies where light emissions would be substantially increased;
and
• light-sensitive biological resources in the area, including migratory birds and marine mammals.
Water Resources (including wetlands, floodplains, surface waters, groundwater, and wild and
scenic rivers)
This section will describe the existing water resources within and near the study area including wetlands,
floodplains, surface waters, ground water, and wild and scenic rivers. The laws and regulations applicable
to the No Action and Proposed Action will be detailed, in addition to how those actions would
unavoidably affect the resources, as well as a description of the measures required to mitigate those
effects.
According to the most recent National Wetlands Inventory as well as other online resources, water
resources are not present within the study area. As such, a wetland and other waters delineation is not
included in this SOW. The airport is located within a floodplain. As such, appropriate coordination with
the local floodplain official and public notification will be completed. If additional survey or analysis is
required by the FAA or other agencies, it will be included under a separate SOW and fee.
Cumulative Resources
The Consultant will discuss how the Proposed Action may contribute to cumulative impacts on
environmental resources in the study area and describe those measures required to mitigate those effects.
Past, present, and reasonably foreseeable future actions (assumed 5-year outlook) will be considered.
3.4 Other EA Sections
The Consultant will also prepare the following additional sections for the EA:
• Introduction
• Public Involvement
• List of Preparers
• List of Agencies Consulted
• References Cites
Task 3.0 Summary and Deliverables:
Task Product(s): A preliminary Draft EA will be completed as part of this task for review by the Sponsor
and FAA. This task assumes three (3) rounds of comments from the Sponsor, MoDOT, and the FAA.
Comments will be addressed and the Draft EA will be updated.
Sponsor Task Responsibilities: The Sponsor will assist the Consultant in reviewing the Draft EA prior
to public release in Task 5.
JEFFERSON CITY MEMORIAL AIRPORT
MODOT PROJECT NO. 22-040B-1
ENVIRONMENTAL SERVICES
JULY 14, 2022
Page 10 of 10
Consultant Task Responsibilities: The Consultant will prepare the preliminary Draft EA for review by
the Sponsor prior to public release in Task 4.
4.0 REPORT PREPARATION AND DELIVERABLES
The following documentation elements are included:
4.1 Draft Environmental Assessment (DEA)
A DEA will be prepared for public release following the Consultant addressing comments received in Task 3
from the Sponsor. Two hard (2) copies of the DEA will be made available for 30 days for public review. The
DEA will also be posted and available for download on the city’s website. The DEA will be Section 508
compliant prior to placement on the city’s website.
4.2 DEA Comment Responses
Responses to comments received on the DEA will be prepared by the Consultant and reviewed by MoDOT
and the FAA. A formal comment response will be drafted, and revisions made to the DEA, as appropriate.
Comments and responses will be summarized in an appendix to the EA document.
4.3 Final Environmental Assessment (FEA)
The Consultant will prepare a FEA that incorporates all comments received during the formal comment period.
The FEA will be submitted to MoDOT and the FAA for review, approval and serve as the basis for the Finding
of No Significant Impact (FONSI) or Record of Determination (ROD). This task assumes one (1) round of
comments from the Sponsor and FAA. Once the FEA has been approved and the FONSI/ROD signed, a
notice of EA FONSI/ROD will be advertised, and a Section 508 complaint document will be submitted to the
FAA.
At the completion of the EA, a project file will be submitted to the FAA for their administrative record. Copies
of the DEA and FEA will be included in Section 508 compliant Word and PDF formats.
Task 4.0 Summary and Deliverables:
Task Product(s): Three (3) bound hard copies of the DEA are included for distribution to the Airport
(1 copy) and public review (2 copies). Section 508 complaint digital copies (PDF) will also be provided to
the FAA and for distribution, as necessary. Five (5) bound hard copies of the FEA are included for
distribution to the Airport (2 copies) and others as applicable (2 copies). Digital copies (PDF) will also be
provided for distribution, as necessary. A final project file with Section 508 compliant documents will be
submitted to the FAA.
Sponsor Task Responsibilities: The Sponsor will assist the Consultant in determining appropriate
venues for distributing the DEA and FEA for public review and comment.
Consultant Task Responsibilities: The Consultant will coordinate with the Sponsor to produce a DEA
for public review and comment. The Consultant will collect, document, and address all comments received
during the public review period in the FEA and produce a FEA for MoDOT and FAA approval.
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibit IIA -1
EXHIBIT IIA
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
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/ and
https://www.faa.gov/regulations_policies/advisory_circulars/.
NUMBER TITLE
70/7460-1L
Change 2
Obstruction Marking and Lighting
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
150/5070-6B
Changes 1-2
Airport Master Plans
150/5070-7
Change 1
The Airport System Planning Process
150/5100-13B Development of State Standards for Non Primary Airports
150/5100-17,
Changes 1-7
Land Acquisition and Relocation Assistance for Airport Improvement
Program Assisted Projects
150/5200-28F Notices to Airmen (NOTAMS) for Airport Operations
150/5200-30D
Change 1
Airport Field Condition Assessments and Winter Operations Safety
150/5200-31C
Changes 1-2
Airport Emergency Plan
150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Airport Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Airport Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver’s Enhanced Vision System (DEVs)
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibit IIA -2
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16E
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 Show and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26
Changes 1-2
Airport Ground Vehicle Automatic Dependent Surveillance – Broadcast
(ADS-B) Out Squitter Equipment
150/5300-13A
Change 1
Airport Design
150/5300-14C 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
Change 1
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B
Change 1
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
(GIS) Standards
105/5320-5D Airport Drainage Design
150/5320-6F Airport Pavement Design and Evaluation
150/5320-12C
Changes 1-8
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
150/5235-4B Runway Length Requirements for Airport Design
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibit IIA -3
150/5335-5C Standardized Method of Reporting Airport Pavement Strength-PCN
150/5340-1L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specification 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 Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D FAA Specification for L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator (PAPI) Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43J Specification for Obstruction Lighting Equipment
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
150/5345-46E 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 Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flasher Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibit IIA -4
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F Airport Signing & Graphics
150/5360-13A 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 Standard Specifications for Construction of Airports
150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements
150-5370-12B Quality Management for Federally Funded Airport Construction Projects
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
150/5395-1B Seaplane Bases
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
MoDOT MoDOT DBE Program- http://www.modot.org/ecr/index.htm
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibit III -1
EXHIBIT III
SERVICES PROVIDED BY THE SPONSOR
The Sponsor, as a part of this Agreement, shall provide the following:
1. Assist the Consultant in arranging to enter upon public and private property as
required for the Consultant to perform his services.
2. Obtain approvals and permits from all governmental entities having jurisdiction
over the project and such approvals and consents from others as may be
necessary for completion of the project.
3. Prompt written notice to the Consultant whenever the Sponsor observes or knows
of any development that affects the scope or timing of the Consultant's services.
4. One (1) copy of existing plans, standard drawings, bid item numbers, reports or
other data the Sponsor may have on file with regard to this project.
5. All payments to landowners or tenants associated with the acquisition of the
required property rights prior to or concurrent with closing.
6. All staff, procedures and activities related to acquiring the property , including but
not limited to appraisals, reviews, negotiations, relocation assistance and eminent
domain.
7. Pay all publishing costs for advertisements of notices, public hearings, request for
proposals and other similar items. The Sponsor shall pay for all permits and
licenses that may be required by local, state or federal authorities, and shall secure
the necessary land easements and/or rights-of-way required for the project.
8. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service
Station.
9. Disadvantaged business enterprise (DBE) goals for the project based upon
proposed bid items, quantities and opinions of construction costs.
10. Guidance for assembling bid package to meet Sponsor’s bid letting requirements.
11. Designate contact person (see Section (23)(A)).
12. Pay costs for title searches.
Airport: Jefferson City Memorial
MoDOT Project No.: [22-040B-1]
Exhibits IV and V - 1
EXHIBIT IV
DERIVATION OF CONSULTANT PROJECT COSTS
EXHIBIT V
ENGINEERING BASIC AND SPECIAL SERVICES-COST BREAKDOWN
1 DIRECT SALARY COSTS:
TITLE HOURS RATE/HOUR COST ($)
Senior Project Manager 12 89.00 1,068.00
Planner III 163 55.00 8,965.00
CADD Tech I 14 32.00 448.00
Project Coordinator I 8 35.00 280.00
Total Direct Salary Costs =$10,761.00
2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD:
2a Percentage of Direct Salary Costs @ 199.73 %=$21,492.95
2b FCCM Rate (Optional) @ 0.00 %=$0.00
3 SUBTOTAL:
Items 1 and 2a =$32,253.95
4 PROFIT:
15% of Item 3 Subtotal*=$4,838.09
*Note: 0-15% Typical
Subtotal $37,092.04 Lump Sum Fee
5 OUT-OF-POCKET EXPENSES:
Total Out-of-Pocket Expenses =$0.00 Not to Exceed
6 SUBCONTRACT COSTS:
a. Survey, Appraisal, Review Appraisal, Negotiation =$16,000.00
b. Cultural Resource, Phase I ESA =$20,000.00
c. Historic, Asbestos, Lead Paint $10,000.00
=$46,000.00 Not to exceed
7 MAXIMUM TOTAL FEE:
Items 1, 2, 3, 4, 5 and 6 =$83,092.07 Not to exceed
EXHIBIT IV
Exhibit IV - 1 updated 8/2018
DERIVATION OF CONSULTANT PROJECT COSTS
JEFFERSON CITY MEMORIAL AIRPORT
JEFFERSON CITY, MISSOURI
ENVIRONMENTAL AND LAND RELATED SERVICES
July 14, 2022
AIRPORT:Jefferson City Memorial Airport
AIP OR PROJECT NUMBER:
PROJECT NAME: Environmental and Land Related Services
DATE: July 14, 2022
FEE BREAKDOWN LABOR HOUR BREAKDOWN
Labor Category Total Cost
Senior Project
Manager Planner III CADD Tech I Project Coordinator
I Phase Item Costs
1.0 Preliminary Design Phase (Lump Sum)1.0 Preliminary Phase (Lump Sum)
Senior Project Manager 2 hrs.x 306.77$ /hr =613.54$ 1.01 Coordinate and Attend Meetings with the Sponsor and MoDOT 1 1 496.35$
Planner III 161 hrs.x 189.58$ /hr =30,522.38$ 1.02 Prepare Project Scope of Work and Contract 1 2 548.05$
CADD Tech I 14 hrs.x 110.30$ /hr =1,544.20$ 1.03 Update and Modify Exhibit "A" Property Map 2 220.60$
Project Coordinator I 4 hrs.x 120.64$ /hr #482.56$ 1.04 Prepare Environmental Documentation 160 12 31,656.40$
1.05 Prepare Preliminary Title Reports 2 241.28$
-$
SUBTOTAL 181 hrs.33,162.68$ -$
-$
Reimbursables -$
0 Day x 85.00$ /Day=-$ -$
0 Mi x 0.585$ /Mi=-$ -$
0 Day x 110.00$ /Day=-$ -$
Per Diem 0 Day x 55.00$ /Day=-$ -$
Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$
-$ -$
-$
33,162.68$ 2 161 14 4 0 33,162.68$
Labor Category Total Cost
Senior Project
Manager Planner III Phase Item Costs
2.0 Appraisals and Review Appraisals (Lump Sum)2.0 Appraisals and Review Appraisals (Lump Sum)
2 hrs.x 306.77$ /hr =613.54$ 2.01 Coordinate Appraisals 2 2 992.70$
2 hrs.x 189.58$ /hr =379.16$ -$
-$
SUBTOTAL 4 hrs.992.70$ -$
-$
Reimbursables -$
0 Day x 85.00$ /Day=-$ -$
0 Mi x 0.585$ /Mi=-$ -$
0 Day x 110.00$ /Day=-$ -$
Per Diem 0 Day x 55.00$ /Day=-$ -$
Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$
-$ -$
992.70$ 2 2 0 0 0 992.70$
Auto Rental
Mileage
Lodging + Tax & Fees
SUBTOTAL
Total Hours
Planner III
TASK LABOR CATEGORY
TASK
Total Hours Billing Rate
SUBTOTAL
PHASE SUBTOTAL
Senior Project Manager
Auto Rental
Mileage
Lodging + Tax & Fees
Billing Rate
TOTALS
LABOR CATEGORY
SUBTOTAL
SUBTOTAL
PHASE SUBTOTAL TOTALS
Page 1 of 3 Rev. 1.4.22
Labor Category Total Cost
Senior Project
Manager Phase Item Costs
3.0 Acquisition and Negotiations Phase (Lump Sum)3.0 Acquisition and Negotiations Phase (Lump Sum)
5 hrs.x 306.77$ /hr =1,533.85$ 3.01 Coordinate Negotiations 1 306.77$
3.02 Prepare Offer Packages and Review Legal Descriptions 2 613.54$
3.03 Negotiate Acquisition Property -$
-$
-$
2 613.54$
-$
-$
SUBTOTAL 5 hrs.1,533.85$ -$
-$
Reimbursables -$
0 Day x 85.00$ /Day=-$ -$
0 Mi x 0.585$ /Mi=-$ -$
0 Day x 110.00$ /Day=-$ -$
Per Diem 0 Day x 55.00$ /Day=-$ -$
Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$
-$ -$
-$
1,533.85$ 5 0 0 0 0 1,533.85$
Labor Category Total Cost
Senior Project
Manager
Project Coordinator
I Phase Item Costs
4.0 Close-Out Phase (Lump Sum)4.0 Close-Out Phase (Lump Sum)
3 hrs.x 306.77$ /hr =920.31$ 4.01 Preparation of Final Files/Report 2 2 854.82$
4 hrs.x 120.64$ /hr =482.56$ 4.02 Summarize Project Costs 1 2 548.05$
-$
SUBTOTAL 7 hrs.1,402.87$ -$
-$
Reimbursables -$
0 Mi x 0.585$ /Mi=-$ -$
0 Day x 110.00$ /Day=-$ -$
Per Diem 0 Day x 55.00$ /Day=-$ -$
Travel & Airline Costs 0 Trip x 500.00$ /Trip=-$ -$
Survey Supplies & Equip.1 Each x -$ /Trip=-$ -$
0 Day x 85.00$ /Day=-$ -$
-$ -$
.-$
1,402.87$ 3 4 0 0 0 1,402.87$
SUBTOTAL
SUBTOTAL
Senior Project Manager
Senior Project Manager
Lodging + Tax & Fees
Project Coordinator I
Auto Rental
Mileage
Lodging + Tax & Fees
Mileage
LABOR CATEGORY
Billing Rate
TOTALS
TOTALS
Total Hours Billing Rate
SUBTOTAL
PHASE SUBTOTAL
PHASE SUBTOTAL
3.04 Prepare Administrative Settlement Memo or Condemnation Package
3.05 Transmit Executed Documents, Manage Escrow Clsoing and Process
Payment
Total Hours
SUBTOTAL
TASK
LABOR CATEGORYTASK
Survey Field Vehicle
Page 2 of 3 Rev. 1.4.22
Property Survey
SUBTOTAL 3,500.00$
SUBCONSULTANT 2
Appraiser and Review Appraiser
SUBTOTAL 7,500.00$
SUBCONSULTANT 3
Negotiation
SUBTOTAL 5,000.00$
Cultural Resource Survey and Phase I ESA
SUBTOTAL 10,000.00$
Historic Resource Survey
SUBTOTAL 10,000.00$
Asbestos and Lead Based Paint Survey
SUBTOTAL 10,000.00$
Phase Fee Reimbursable Costs Total Cost
PART A - BASIC SERVICES (LUMP SUM)
1.0 Preliminary Design Phase (Lump Sum)33,162.68$ -$ 33,162.68$
2.0 Appraisals and Review Appraisals (Lump Sum)992.70$ -$ 992.70$
3.0 Acquisition and Negotiations Phase (Lump Sum)1,533.85$ -$ 1,533.85$
4.0 Close-Out Phase (Lump Sum)1,402.87$ -$ 1,402.87$
SUBTOTAL 37,092.10$ -$ 37,092.10$
PART B - SPECIAL SERVICES
Property Survey 3,500.00$
Appraiser and Review Appraiser 7,500.00$
Negotation 5,000.00$
Cultural Resource Survey and Phase I ESA 10,000.00$
Historic Resource Survey 10,000.00$
Asbestos and Lead Based Paint Survey 10,000.00$
SUBTOTAL 46,000.00$
37,092.10$ -$ 83,092.10$
SUBCONSULTANT 6
TOTAL
SUBCONSULTANT 5
SUBCONSULTANT 4
SUBCONSULTANT 1
Page 3 of 3 Rev. 1.4.22
Exhibit VI - 1
EXHIBIT VI
PERFORMANCE SCHEDULE
The Consultant agrees to proceed with services immediately upon receipt of written
Notice to Proceed (NTP) by the Sponsor and to employ such personnel as required to
complete the scope of services in accordance with the following time schedule:
BASIC SERVICES
A. Preliminary Phase and Environmental Services As Required
SPECIAL SERVICES
A. Field Survey-Property Survey
1. Research (30) calendar days
after receipt of NTP
2. Field Survey
a. Boundary surveys and reference ties (90) calendar days
after receipt of NTP
b. Set Boundary Corners (90) calendar days
after completion of
property acquisition
3. Office Calculations, Plat of Survey, Drawings (120) calendar days
and Exhibit A Property Map after receipt of NTP
B. Land Acquisition Assistance
1. Meetings As required
2. Coordination As required
E. Other Services
1. Airport Layout Plan (ALP) Update (30) calendar days
After acquisition
CCO FORM: MO04 Sponsor: City of Jefferson
Approved: 03/91 (KR) Project No.: 22-040B-1
Revised: 08/21 (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
SECTION II - STANDARD AGREEMENT ITEMS
1. PURPOSE
2. PROJECT TIME PERIOD
3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY
4. AMOUNT OF GRANT
5. ALLOWABLE COSTS
6. WITHDRAWAL OF GRANT OFFER
7. EXPIRATION OF GRANT OFFER
8. FEDERAL SHARE OF COSTS
9. COMPLETING THE PROJECT WITHOUT DELAY AND IN CONFORMANCE
WITH REQUIREMENTS
10. RECOVERY OF FEDERAL FUNDS
11. UNITED STATES NOT LIABLE FOR DAMAGE OR INJURY
12. PAYMENT
13. ADMINISTRATIVE/AUDIT REQUIREMENTS
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
DocuSign Envelope ID: C7DC7C4E-48D4-40F5-B0E5-E517A46E4E2A
- 2 -
30. ASSIGNMENT
31. BANKRUPTCY
32. COMMISSION REPRESENTATIVE
33. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006
34. BAN ON TEXTING WHILE DRIVING
35. TRAFFICKING IN PERSONS
36. SUSPENSION OR DEBARMENT
37. SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIQUEENTITY
IDENTIFIER
38. FINANCIAL REPORTING AND PAYMENT REQUIREMENTS
39. EMPLOYEE PROTECTION FROM REPRISALS
SECTION III – PLANNING
40. AIRPORT LAYOUT PLAN
41. AIRPORT PROPERTY MAP
42. ENVIRONMENTAL IMPACT EVALUATION
43. EXHIBIT "A" PROPERTY MAP
44. SOLID WASTE RECYCLING PLAN
SECTION IV - LAND/EASEMENT APPRAISALS AND ACQUISITIONS
45. RUNWAY PROTECTION ZONE
46. FEE APPRAISALS
47. ACQUISITION OF LAND - FEE SIMPLE TITLE
48. ACQUISITION OF AVIGATION EASEMENTS
49. UPDATE APPROVED EXHIBIT "A" PROPERTY MAP FOR LAND IN PROJECT
50. LAND/EASEMENT ACQUISITION - FEDERAL REQUIREMENTS
51. LAND ACQUISITION
52. TITLE EVIDENCE
53. FUTURE DEVELOPMENT LAND
54. PROGRAM INCOME AND REVENUE FROM REAL PROPERTY
SECTION V – SPECIAL CONDITIONS
55. 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.: 22-040B-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 (hereinafter,
"USC") 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:
EA AND LAND SERVICES FOR CONTROL TOWER PHASE I;
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 August 30, 2023. The Commission's assistant chief
engineer may, for good cause as shown by the Sponsor in writing, extend the project time
period.
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(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
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 Eight
Three Thousand Ninety-Two Dollars ($83,092) 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 one hundred
percent (100%) 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) 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 in
accordance with 49 USC Chapters 471 and 475.
(6) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to
amend or withdraw this grant offer at any time prior to its acceptance by the Sponsor.
(7) 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 January 15, 2023 or
such subsequent date as may be prescribed in writing by the Commission.
(8) FEDERAL SHARE OF COSTS: The United States’ share of the allowable
project costs will be made in accordance with 49 USC § 47109 and 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 final audit of the total amount of allowable project
costs, and settlement will be made for any upward or downward adjustments to the federal
share of costs.
(9) COMPLETING THE PROJECT WITHOUT DELAY AND IN
CONFORMANCE WITH REQUIREMENTS: The Sponsor must assure that the project is
carried out and completed without undue delays and in accordance with this Agreement,
applicable laws, statutes, regulations, and policies and procedures of the USDOT
Secretary. Per 2 Code of Federal Regulations (hereinafter, "CFR") § 200.308, the
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Sponsor agrees to report to the Commission any disengagement from funding eligible
expenses under the Agreement and any subgrants thereto that exceed three months and
request prior approval from the Commission. The report must include a reason for the
stoppage. The Sponsor agrees to comply with the attached assurances, which are part
of this Agreement. These assurances, conditions, and any addendums apply to any
subgrants issued under this Agreement.
(10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in
violation of federal antitrust statutes, or misused in any other manner for any project upon
which federal funds have been expended. For the purpose of this grant Agreement, the
term "federal funds" means funds however 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. 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 efforts taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise, involving the recovery of such federal
share shall be approved in advance by the Commission.
(11) UNITED STATES NOT LIABLE FOR DAMAGE OR INJURY: The United
States is not responsible or liable for damage to property or in jury to persons that may
arise from, or be incident to, compliance with this Agreement or subgrants issued under
this Agreement, including, but not limited to, any action taken by a Sponsor related to or
arising from, directly or indirectly, this Agreement.
(12) 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 (13)(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
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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 Agreement, 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
Agreement, 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.
(13) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be governed
by the administrative and audit requirements as prescribed in 2 CFR Part 200.
(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 2 CFR Part 200. A copy of the
audit report shall be submitted to the Missouri Department of Transportation (hereinaft er,
"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 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 S ponsor
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.
(14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA
standard airport Sponsor assurances as outlined in attached Exhibit 1, current FAA
Advisory Circulars (hereinafter, "ACs") for AIP projects and/or the Commission’s
specifications. These assurances, ACs and the Commission’s specifications are hereby
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incorporated into and made part of this Agreement. The Sponsor shall re view the
assurances, ACs, Commission’s specifications and current FAA Order 5190.6 entitled
"FAA Airport Compliance Manual", 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 USC 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
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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:
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
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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 Comm ission
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 Commissi on 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. Th e 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 Commissio n 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 warra nty, 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
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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 MoDOT 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
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postage prepaid, or upon receipt by personal, facsimile or electronic mail (email) delivery,
addressed as follows:
Commission: Kyle LePage
Administrator of Aviation
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102
(573) 526-7912
(573) 526-4709 FAX
email: kyle.lepage@modot.mo.gov
Sponsor: Britt Smith
Department of Public Works
Operations Division Director
City of Jefferson
320 E. McCarty
Jefferson City, MO 65101
(573) 634-6450
(573) 634-6457 FAX
email: bsmith@jeffcitymo.org
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile or email delivery shall be followed by delivery of the original
document, or a clear and legible copy thereof, within three (3) business days of the date
of the facsimile or email transmission of the document.
(27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for
the useful life of any facilities/equipment installed with grant funds, but in any event not to
exceed twenty (20) years. There shall be no limit on the duration of the assurance against
exclusive rights or terms, conditions and assurances with respect to real property
acquired with federal funds. Paragraph (28) 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 Agreement, as title to same shall vest in the Sponsor.
(B) For the grant duration period, the Sponsor becomes obligated, upon
any sale or disposition of the airport or disconti nuation 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
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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 thereunder 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 (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
by or against the Sponsor, whether voluntarily, or upon the appointment of a receiv er,
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 assistant 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 ac t 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.
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(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) TRAFFICKING IN PERSONS:
(A) The Commission may unilaterally terminate this Agreement, without
penalty, if the Sponsor or a subcontractor that is a private entity:
1. Is determined to have:
a. Engaged in severe forms of trafficking in persons
during the period of time that this Agreement and any subgrants entered into pursuant to
this Agreement are in effect;
b. Procured a commercial sex act during the period of
time that this Agreement, including any subgrants entered into pursuant to this
Agreement, are in effect; or
c. Used forced labor in the performance of this
Agreement, including any subgrants entered into pursuant to this Agreement; or
2. Has an employee who is determined by the Commission
official authorized to terminate the Agreement to have violated a prohibition in paragraph
(36)(A)1.a. above through conduct that is either associated with performance under this
Agreement or imputed to the Sponsor or subcontractor using the standards and due
process for imputing the conduct of an individual to an organization that are provided in
2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and
Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.
(B) The Sponsor must notify the Commission immediately of any
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information the Sponsor receives from any source alleging a violation of a prohibition in
Paragraph (36)(A)1 of this Agreement, including subgrants entered into pursuant to this
Agreement.
(C) The Commission’s right to terminate unilaterally that is described in
Paragraph (36)(A)1 of this Agreement:
1. Implements Section 106(g) of the Trafficking Victims
Protection Act of 2000 (TVPA), as amended (22 USC 7104(g)); and
2. Is in addition to all other remedies for noncompliance that are
available to the Commission under this Agreement.
(D) The Sponsor shall include the requirements of Paragraph (37)(A)1
of this Agreement in any subgrant entered into pursuant to this Agreement.
(36) SUSPENSION OR 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
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).
(37) SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIQUE
ENTITY 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 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, and will require
the Sponsor to 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
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website (currently at http://www.sam.gov).
(B) Unique Entity Identifier (hereinafter, "UEI") means a twelve character
alpha-numeric value used to identify a specific commercial, nonprofit or governmental
entity. A UEI may be obtained from SAM.gov at
https://sam.gov/SAM/pages/public/index.jsf.
(38) FINANCIAL REPORTING AND PAYMENT REQUIREMENTS: The
Sponsor will comply with all federal financial reporting requirements and payment
requirements, including submittal of timely and accurate reports.
(39) EMPLOYEE PROTECTION FROM REPRISALS:
(A) Prohibition of Reprisals: In accordance with Title 41 USC § 4712, an
employee of the Sponsor, contractor, or subcontractor may not be discharged, demoted,
or otherwise discriminated against as a reprisal for disclosing to a person or body
described in subparagraph (40)(B) information that the employee reasonably believes is
evidence of:
1. Gross mismanagement of a federal grant;
2. Gross waste of federal funds;
3. An abuse of authority relating to implementation or use of
federal funds;
4. A substantial and specific danger to public health or safety; or
5. A violation of law, rule, or regulation related to a federal grant.
(B) Persons and Bodies Covered: The persons and bodies to which a
disclosure by an employee is covered are as follows:
1. A member of Congress or a representative of a committee of
Congress;
2. An Inspector General;
3. The Government Accountability Office;
4. A federal office or employee responsible for oversight of a
grant program;
5. A court or grand jury;
6. A management office of the grantee or subgrantee; or
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7. A federal or state regulatory enforcement agency.
(C) Submission of Complaint: A person who believes that they have
been subjected to a reprisal prohibited by Paragraph (40)(A) of this Agreement may
submit a complaint regarding the reprisal to the Office of Inspector General for the
USDOT.
(D) 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.
(E) Required Actions of the Inspector General: Actions, limitations, and
exceptions of the Inspector General’s office are established under 41 USC § 4712(b).
(F) 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 USC § 4712(c).
(40) 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
FAA standards and physical or operational changes at the airport.
(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. Airport Sponsor Grant Assurance 29 further
addresses the Sponsor’s statutory obligations to maintain an ALP in accordance with 49
USC § 47107(a)(16).
(C) The Sponsor has made available to (or will make available to) and
has provided (or will provide) upon request to the metropolitan planning organization, if
any, in the area in which the Airport is located, a copy of the proposed ALP or ALP
amendment to depict the project and a copy of any airport master plan in which the project
is described or depicted.
(41) 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
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screened reproducible of the Airport Layout Drawing may be used as the base for the
property map.
(42) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate
the potential environmental impact of this project per the current version of FAA Order
5050.4, 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.
(43) EXHIBIT "A" PROPERTY MAP: The Sponsor’s existing Exhibit "A"
Property Map dated June 2016 will be updated as part of this grant project. The Sponsor
understands and agrees to update the Exhibit "A" Property Map to standards satisfactory
to the Commission and to submit it in final form to the Commission. It is further mutually
agreed that the reasonable cost of developing said Exhibit "A" Property Map is an
allowable cost within the scope of this project.
(44) SOLID WASTE RECYCLING PLAN: The Sponsor certifies that it has a solid
waste recycling plan as part of an existing Airport Master Plan, as prescribed by Title 49
United States Code Section 47106(a)(6).
(45) 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.
(C) Future Interest in the Runway Protection Zone: The Sponsor agrees
that it will make every effort to acquire fee title or easement in the Runway Protection
Zones for runways that presently are not under its control within five years of this grant
agreement. The Sponsor further agrees to prevent the erection or creation of any
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structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS
that are fixed by their functional purposes or any other structu re approved 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.
(46) FEE APPRAISALS: The Sponsor shall submit the qualifications of the
selected fee appraisers and the scope of work for the appraisals to the Commission for
review prior to executing a contract with said fee appraisers. Prior to making purchase
offers to property owners, the Sponsor shall submit complete primary and review
appraisals to the Commission so the Commission can ensure that the Sponsor is in
compliance with state and federal requirements.
(47) ACQUISITION OF LAND - FEE SIMPLE TITLE: The Sponsor shall obtain
a qualified attorney's title opinion or title insurance to assure the Sponsor receives fee
simple title, free and clear of any encumbrance that could adversely affect the operation,
maintenance or development of the airport. The title opinion or title insurance must be
tied to a current Exhibit "A" property map. The Sponsor shall acquire the property in fee
simple absolute by general warranty deed from the grantors. The Sponsor shall thereafter
cause the deed to be recorded in the land records of the county recorder's office in the
county where the airport is located.
(48) ACQUISITION OF AVIGATION EASEMENTS: The Sponsor shall obtain a
qualified attorney's title opinion to assure that the Sponsor has obtained the required
interest in and to the easements to be acquired, free and clear of any encumbrances that
would be incompatible with or would interfere with the exercise and enjoyment by the
Sponsor of the rights and interests conveyed, and that grantors of easements constituted
all of the owners of the land affected by the easements. General requirements in
Paragraph (50) above shall also apply.
(49) UPDATE APPROVED EXHIBIT "A" PROPERTY MAP FOR LAND IN
PROJECT: The Sponsor understands and agrees to update the Exhibit "A" Property Map
to standards satisfactory to the Commission and submit in final form to the Commission.
It is further mutually agreed that the reasonable cost of developing said Exhibit "A"
Property Map is an allowable cost within the scope of this project.
(50) LAND/EASEMENT ACQUISITION - FEDERAL REQUIREMENTS: The
Sponsor understands and agrees that all acquisition of real property under this project
will be in accordance with 49 CFR Part 24, Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally-assisted Programs, as further required in
accordance with Airport Sponsor Grant Assurance 35 and Non -Airport Sponsor Noise
Compatibility Grant Assurance 21, as applicable.
(51) LAND ACQUISITION: The Sponsor agrees that no payments will be made
on the grant until the Sponsor has presented evidence to the Commission that it has
recorded this Agreement, including the grant assurances, in the public land records of the
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county courthouse. The Sponsor understands and agrees that recording the Agreement
legally enforces these requirements, encumbrances and restrictions on the obligated
land.
(52) TITLE EVIDENCE: The Sponsor understands and agrees that the
Commission will not make nor be obligated to make any payments involving the parcels
to be acquired under this Agreement until title evidence has been submitted to, and found
satisfactory by the Commission, subject to no liens, encumbrances, reservations, or
exceptions which in the opinion of the Commission might create an undue risk or
interference with the use and operation of the Airport.
(53) FUTURE DEVELOPMENT LAND: The Sponsor agrees to perform the
airport development which requires this land acquisition within twenty (20) years of this
Agreement, and further agrees not to dispose of the land by sale or lease without prior
consent and approval of the Commission and the FAA. In the event the land is not used
within twenty (20) years for the purpose for which it was acquired, the Sponsor shall
refund the Commission the Federal share of the acquisition cost or the current fair market
value of the land, whichever is greater.
(54) PROGRAM INCOME AND REVENUE FROM REAL PROPERTY: The
Sponsor understands that all program income produced from real property purchased in
part with Federal funds from this Agreement received while the grant is open will be
deducted from the total cost of that project for determining the net costs on which the
maximum United States’ obligation will be based. The Sponsor further agrees that once
the grant is closed, all net revenues produced from real property purchased in part with
Federal funds in this grant must be used on the airport for airport planning, developm ent,
or operating expenses in accordance with 49 USC § 47107(b) and § 47133. This income
may not be used for the Sponsor’s matching share of any grant. The Sponsor’s fiscal
and accounting records must clearly identify actual sources and uses of these fun ds.
(55) SPECIAL CONDITIONS: The following special conditions are hereby made
part of this Agreement.
(A) 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 ALP.
(B) Grant Made on Preliminary Plans and Specifications and/or
(C) Disadvantaged Business Enterprise Required Statements:
(1) Policy: It is the policy of the USDOT that DBEs, as defined in
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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.”
(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 obl igation 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.).”
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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.
(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.
(A) 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.
(B) Consultant Contract and Cost Analysis: The Sponsor understands
and agrees that no reimbursement will be made on the consultant contract portion of this
Agreement until the Commission has received the consultant contract, the Sponsor’s
analysis of costs, and the independent fee estimate.
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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 (DATE).
Executed by the Commission this (DATE).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF JEFFERSON
By By
Title Title
Attest: Attest:
By
Secretary to the Commission
Title
Approved as to Form:
Ordinance No.
Commission Counsel (if applicable)
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Mayor
City Clerk
2022-11-14 | 8:48 AM CST
Assistant Chief Engineer
2022-11-15 | 1:23 PM CST
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, , 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 d ue
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 impedimen ts 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 Jefferon
Name of Sponsor's Attorney (typed)
Signature of Sponsor's Attorney
Date
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2022-11-14 | 9:51 AM CST
Ryan Moehlman
Ryan Moehlman
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EXHIBIT 1
ASSURANCES
AIRPORT SPONSORS
A. General.
a. 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.
b. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
c. 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.
a. 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.
b. 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.
c. 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 Exclusive Rights and Airport
Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
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1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance and use of Federal funds for this project
including but not limited to the following:
FEDERAL LEGISLATION
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act — 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act – 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601, et seq.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
l. 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 seq.1
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.1
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.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
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).
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EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1
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
Construction1
f. Executive Order 12898 – Environmental Justice
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Government-wide Debarment and Suspension
(Non-procurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with
State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments,
and Non-Profit Organizations].4, 5, 6
c. 2 CFR Part 1200 – Non-procurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures
e. 14 CFR Part 16 – Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport noise compatibility planning.
g. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for predetermination of wage rates.1
j. 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.1
k. 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).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1
m. 49 CFR Part 18 – Uniform administrative requirements for grants and cooperative agreements to
state and local governments.3
n. 49 CFR Part 20 – New restrictions on lobbying.
o. 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.
p. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
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q. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.1 2
r. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
s. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.1
t. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
u. 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.
v. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
w. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
x. 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.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance
under Title 49, United States Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part
215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2
CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the
Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part
200 which affect administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this Part becomes
final. Federal agencies, including the Department of Transportation, must implement the
policies and procedures applicable to Federal awards by promulgating a regulation to be
effective by December 26, 2014 unless different provisions are required by statute or approved
by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
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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.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in this grant agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert in the contract or
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
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will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure 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.
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.
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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 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
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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, 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.
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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, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for-
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
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22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees [including, but not limited to maintenance, repair, and fueling] that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
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23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor’s acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
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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
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
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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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary. Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face
of the airport layout plan. The sponsor will not make or permit any changes or alterations
in the airport or any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
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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.
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
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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 covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order, (1)reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is eligible for grant funding
under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for
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noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land. Revenues derived from such a
lease may be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of
title 49 United States Code, (3) reinvestment in an approved airport development project that
is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States
Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in
the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than December 15,
1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any
interest or right therein necessary to ensure that such land will only be used for purposes which
are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
Engineering and Design Services. If any phase of such project has received Federal funds under
Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping or related services in the same
manner as a contract for architectural and engineering services is negotiated under Chapter 11 of
Title 40 U. S. C., or an equivalent qualifications-based requirement prescribed for or by the sponsor
of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
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34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars for AIP projects as of [Application Date].
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
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 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.
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
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service to the airport or to expand service at the airport, the airport owner or operator shall
transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
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