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HomeMy Public PortalAboutORD14038 BILL NO. 2006-1 SPONSORED BY COUNCILMAN: Martin ORDINANCE NO. m-/-3 AN ORDINANCE OF THE CITY OF JEFFERSON TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PROVIDING FOR GRANT REIMBURSEMENT FUNDING OF COSTS ASSOCIATED WITH A PAVEMENT MAINTENANCE PROGRAM AND OTHER PROFESSIONAL SERVICES AT THE JEFFERSON CITY MEMORIAL AIRPORT AND AMENDING THE 2005-2006 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE AIRPORT FUND. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute on behalf of the City of Jefferson a contract with the Missouri Highways and Transportation Commission providing for grant reimbursement funding of costs associated with a pavement maintenance project and for professional services required to update at the Airport Layout Plan at the Jefferson City Memorial Airport. Section 2. There is hereby supplementally appropriated within the Airport Fund, Revenue, (Federal Grants Account No. 6100-0000-0335-0010) the amount of $300,000 and (Transfer from Capital Improvement Sales Tax D Account 6100-0000-0800-3502 the amount of $15,789), as Indicated on Exhibit A attached hereto. Section 3. That all ordinances or parts of ordinances therefore enacted which are in conflict herewith are hereby repealed. • Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed; �Gt 1 �, .�On� Approved: Presi in Officer a r A EST: APP VE AS FORM; cCity CleF -- Counsel r CERTIFICATION BY MAYOR Pursuant to Article VIi, Section 7.1(5.)of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor • -1- ,� t yD3,F RECEIVED 'jP,( j CCO FORM: AC10 Sponsor City of Jefferson 8 Approved: 03/91 (KR) Project No. AIRE 045-40B & 20 Revised: 01/06 (AR) AIRE 055-40B MULTIMODAL OPERATIONS Modified: Airport Name Jefferson City Memorial 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 11 - STANDARD AGREEMENT ITEMS 1. PURPOSE 2. PROJECT TIME PERIOD 3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY 4. AMOUNT OF GRANT 5. AMOUNT OF MATCHING FUNDS 6. ALLOWABLE COSTS 7. WITHDRAWAL OF GRANT OFFER 8. EXPIRATION OF GRANT OFFER • 9. FEDERAL SHARE OF COSTS 10. RECOVERY OF FEDERAL FUNDS 11. PAYMENT 12. ADMINISTRATIVE/AUDIT REQUIREMENTS 13. APPENDIX 14. ASSURANCES/COMPLIANCE 15. LEASES/AGREEMENTS 16. NONDISCRIMINATION ASSURANCE 17. CANCELLATION 18. VENUE 19. LAW OF MISSOURI TO GOVERN 20. WORK PRODUCT 21. CONFIDENTIALITY 22. NONSOLICITATION 23. DISPUTES 24. INDEMNIFICATION 25. HOLD HARMLESS 26. NOTIFICATION OF CHANGE 27. DURATION OF GRANT OBLIGATIONS 28. AMENDMENTS 29. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS 30. ASSIGNMENT 31, BANKRUPTCY 32. COMMISSION'S REPRESENTATIVE 33. SPECIAL CONDITIONS • I f . SECTION III — PLANNING 34. AIRPORT LAYOUT PLAN (_ALP) 35. AIRPORT PROPERTY MAP 36. ENVIRONMENTAL IMPACT EVALUATION 37. MASTER PLAN SECTION IV- LAND/EASEMENT APPRAISALS AND ACQUISITIONS 38. RUNWAY PROTECTION ZONE SECTION V- DESIGN 39. ENGINEER'S DESIGN REPORT 40. GEOMETRIC DESIGN CRITERIA 41. PLANS, SPECIFICATION AND ESTIMATES SECTION VI - CONSTRUCTION 42. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS 43. CONSTRUCTION PROGRESS AND INSPECTION REPORTS 44. WAGE LAWS 45. COMPETITIVE SELECTION OF CONTRACTOR 46. REVIEW OF BIDS AND CONTRACT AWARD 47. NOTICE TO PROCEED 48. DISADVANTAGED BUSINESS ENTERPRISES (DBE) - CONSTRUCTION 49. LABOR STANDARDS INTERVIEWS 50. AIR AND WATER QUALITY STANDARDS • 51. FILING NOTICE OF LANDING AREA PROPOSAL 52. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION 53. CHANGE ORDERS 54. RESPONSIBILITY FOR PROJECT SAFETY 55. RECORD DRAWINGS SECTION VII - GRANT ACCEPTANCE --Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to comply with grant requirements will jeopardize funding eligibility. --Certificate of sponsor's attorney -2- Sponsor: City of Jefferson Project No. AIRE 045-40B & AIRE 055-40B Airport Name Jefferson City Memorial MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE BLOCK GRANT AGREEMENT THIS GRANT AGREEMENT is entered Into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and City of Jefferson (hereinafter, "Sponsor'). Reference will also be made to the Federal Aviation Administration hereinafter, "FAA") and the Federal Airport Improvement Program (hereinafter, "AIP"). WITNESSETH: WHEREAS, Section 116 of the federal Airport Safety and Capacity Expansion Act of 1987 amended the previous act of 1982 by adding new section 534 entitled "State Block Grant Pilot Program", (49 U.S.C. App 2227); 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: Sealcoat runway 12/30, taxiway and apron; update Master Plan/Airport Layout Plan; NOW, THEREFORE, in consideration of these mutual covenants, promises and representations, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide financial assistance to the Sponsor under the State Block Grant Program. (2) PROJECT TIME PERIOD: The project period shall be from the date of execution by the Commission to December 31, 2008, The Commission's chief engineer may, for good cause as shown by the Sponsor in writing, extend the project time period. (3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor • shall provide satisfactory evidence of title to all existing airport property and avigation easements and address any and all encumbrances. Satisfactory evidence will consist of the Sponsor's execution of a Certificate of Title form provided by the Commission. -3- (4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed $300,000.00 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 grant stated above represents ninety-five percent (95%) 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 off all project expenses to ensure that they are qualifying expenses under this program. (5) AMOUNT OF MATCHING FUNDS: The initial amount of local matching funds to be furnished by the Sponsor is not to exceed $15,789,00. (A) The amount of matching funds stated above represents five percent (5%) of eligible project costs. (B) The Sponsor warrants to the Commission that it has sufficient cash on deposit to provide the local matching funds Identified above as well as to cover one hundred percent (100%)of any ineligible Items Included In the scope of work. • (6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs that are ineligible as defined in the Airport and Airway Improvement Act of 1982 (as amended) and the Code of Federal Regulations Title 49 Part 18. (7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor. (8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant Agreement has been executed by the Sponsor on or before May 31, 2006, or such subsequent date as may be prescribed in writing by the Commission. (9) FEDERAL SHARE OF COSTS: Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary of the United States Department of Transportation shall practice, Final determination of the United States share will be based upon the audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the federal share of costs, (10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps, • including litigation if necessary, to recover federal funds spent fraudulently, wastefully, In violation of federal antitrust statutes, or misused in any other manner for any project upon which federal funds have been expended. For the purpose of this grant -4- Agreement, the term "federal funds" means funds used or disbursed by the Sponsor that were originally paid pursuant to this or any other federal grant Agreement. The • Sponsor shall return the recovered federal share, including funds recovered by settlement, in order or judgment, to the Commission. It shall furnish to the Commission, upon request, all documents and records pertaining to the determination of the amount of the federal share or to any settlement, litigation, negotiation, or other effort taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such federal share shall be approved in advance by the Commission. (11) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request Incremental payments during the course of the project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by paragraph 11(8) 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. (C) Within ninety (90) days of final inspection of the project funded under this grant, the Sponsor shall provide to the Commission a final payment request and all financial, performance and other reports as required by the conditions of this grant with the exception of the final audit report. This report shall be provided when the Sponsor's normal annual audit is completed. (D) When force account or donations are used, the costs for land, engineering, administration, in-kind labor, equipment and materials, etc., may be submitted in letter form with a breakdown of the number of hours and the hourly charges for labor and equipment. Quantities of materials used and unit costs must also be Included. All force account activity, donations, etc., must be pre-approved by the Commission to ensure eligibility for funding. (12) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be governed by administrative and audit requirements as prescribed in the Code of Federal Regulations (CFR) Title 49 Part 18 and Part 90 respectively. (A) If the Sponsor expend(s) five hundred thousand ($500,00) or more In a year in federal finance assistance it is required to have an Independent annual audit • conducted in accordance with OMB Circular A-133. A copy of the audit report shall be submitted to the Missouri Department of Transportation MoDOT within thirty (30) days of the Issuance of the report. Subject to the requirements of OMB Circular A-133, if the - 5- Sponsor expends(s) less than five hundred thousand dollars ($500,00) a year, the Sponsor may be exempt from auditing requirements for that year but records must be • available for review or audit by applicable state and federal authorities. (B) When the Sponsor's normal annual audit is completed, the Sponsor shall provide to the Commission a copy of an audit report that Includes the disposition of all federal funds involved in this project. (C) In the event a final audit has not been performed prior to the closing of the grant, the Commission retains the right to recover any appropriate amount of funding after fully considering interest accrued or recommendations on disallowed costs identified during the final audit. (D) The Commission reserves the right to conduct its own audit of the Sponsor's records to confirm compliance with grant requirements and to ensure that all costs and fees are appropriate and acceptable. (13) APPENDIX: An appendix to this Agreement is attached. The appendix consists of standards, forms and guidelines that the Sponsor shall use to accomplish the requirements of this Agreement. The appendix items are hereby provided to the Sponsor, and Incorporated Into and made a part of this Agreement. (14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA standard airport Sponsor assurances, current FAA advisory circulars (AC's) for AIP • projects and/or Commission's specifications, including but not limited to those as outlined in attached Exhibit 1. These assurances, advisory circulars and Commission's specifications are hereby incorporated Into and made part of this Agreement. (A) The Sponsor shall review the assurances, advisory circulars, Commission's specifications and Order 5190.6A entitled "Airport Compliance Requirements" dated October 1, 1989, Included In the grant appendix and notify the Commission of any areas of non-compliance within its existing facility and/or operations. All non-compliance situations must be addressed and a plan to remedy areas of non- compliance must be established before final acceptance of this project and before final payment is made to the Sponsor. (15) LEASES/AGREEMENTS: The Sponsor shall Incorporate the FAA Standard Airport Lease/Agreement provisions into all leases/agreements for use of airport property other than the public use areas. In addition to these provisions, these leases/agreements must provide for fair market value Income and prohibit exclusive rights. (A) Long term commitments (longer than 5 years) must provide for renegotiation of the 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. -6- (16) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Sponsor agrees as follows: (A) Civil Rights Statutes: The Sponsor shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), 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 11 of the Americans with Disabilities Act. (B) Administrative Rules: The Sponsor shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation (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 Eguinment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Sponsor. These apply to all solicitations either by competitive bidding or negotiation made by the Sponsor for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Sponsor of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The Sponsor shall provide all information and reports required by this Agreement, or orders and instructions Issued pursuant thereto, and will permit access to Its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation 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 United States Department of Transportation 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 United States Department of Transportation may determine to be appropriate, including but not limited to: -7 - 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 United States Department of Transportation. The Sponsor will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation 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 a 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. • Upon written notice to the Sponsor, the Commission reserves the right to suspend or terminate all or part of the grant when the Sponsor Is, or has been, in violation of the terms of this Agreement. Any lack of progress that significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. Once such determination is made, the Commission shall so notify the Sponsor In writing. Termination of any part of the grant will not invalidate obligations properly incurred by the Sponsor prior to the date of termination. The Commission shall have the right to suspend funding of the project at any time, and for so long as, the Sponsor falls substantially to comply with all material terms and conditions of this Agreement. If the Commission determines that substantial noncompliance cannot be cured within thirty (30) days, then the Commission may terminate the funding for the project. Should the Sponsor fail to perform its obligations In substantial accordance with the Agreement (except if the project has been terminated for the convenience of the parties)and the FAA requires the Commission to repay grant funds that have already been expended by the Sponsor then the Sponsor shall repay the Commission such federal funds, (1 S) 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. -a. (19) LAWS OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Sponsor shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Sponsor at the direction of the Commission shall remain the property of the Sponsor. However, Sponsor shall provide to Commission a copy of magnetic discs that contain computer aided design and drafting (CADD) drawings and other documents generated under this grant. Information supplied by the Commission shall remain the property of the Commission. (A) The Sponsor shall also supply to the Commission hard copies of any working documents such as reports, plans, specifications, etc., as requested by the Commission. (21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. (22) NONSOLICITATION: The Sponsor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, • percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (23) DISPUTES: Any disputes of fact that might develop as a result of this Agreement shall be decided by the Commission. (24) INDEMNIFICATION: The Sponsor shall be responsible for injury or damages as a result of any services and/or goods rendered under the terms and conditions of this Agreement. In addition to the liability Imposed upon the Sponsor on the account of personal Injury, bodily injury, Including death or property damage, suffered as a result of the Sponsor performance under this Agreement, the Sponsor assumes the obligation to save the Commission, including its agents, employees and assigns harmless, and to Indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such negligent act, including legal fees. The Sponsor also agrees to hold the Commission, including Its agents, employees and assigns, harmless from any negligent act or omisslon committed by any subcontractor or other person employed by or under the supervision of the Sponsor for any purpose under this Agreement. • (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 -9- 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. (A) All notices or communications required by this Agreement shall be made in writing and shall be effective upon receipt at the respective addresses of record. Letters or other documents which are prepared in 8.5 x 11 inch format may be delivered by telefax or electronic mail (email), provided that an original copy is received at the same address to which the telefax or electronic mall (email) message was sent, within five (5) business days of the telefax or electronic mall (email) communication. Either party may change its address of record by providing written notification to the other party. Commission: Administrator of Aviation Missouri Department of Transportation P.O. Box 270 Jefferson City, MO 65102 (573) 751-7912 (573) 526-4709 (fax) email: joseph.pestka @modot.mo.gov . Sponsor: Patrick E. Sullivan, P.E. Director Community Development Department City of Jefferson 320 E. McCarty Street Jefferson City, MO 65101 (573) 634-6410 (573) 634-6329 (fax) (27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for the useful life of any facilities/equipment Installed with grant funds as stipulated In attached Exhibit 1, as referenced in paragraph (14), but in any event not to exceed twenty (20) years. There shall be no limit on the duration of the assurance, referenced In paragraph B of said Exhibit 1 against exclusive rights or terms, conditions and assurances, reference paragraph B-1, with respect to real property acquired with federal funds. Paragraph (30) equally applies to a private sponsor. However, in the case of a private sponsor, the useful life for Improvements shall not be less than ten (10) years. (A) The financial assistance provided hereunder constitutes a grant to the Sponsor. Neither the Commission nor the FAA will have title to the Improvements covered by this grant as title to same shall vest in the Sponsor. . (B) For the period as specified in paragraph 14 of this Agreement, the Sponsor becomes obligated, upon any sale or disposition of the airport or - 10- discontinuation of operation of the airport to immediately repay, in full, the grant proceeds or proportionate amount thereof based upon the number of years remaining in • the original obligation to the Commission. The Commission and the Sponsor hereby agree that during said period, the property and improvements which constitute the subject airport are subject to sale If necessary for the recovery of the federal pro rata share of improvement costs should this Agreement be terminated by a breach of contract on the part of the Sponsor or should the aforementioned obligations not be met. (C) In this Section, the term "any sale or disposition of the airport" shall mean any sale or disposition of the airport (1) for a use not consistent with the purpose for which the Commission's share was originally granted pursuant to this Agreement, or (i1) for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption Agreement with the Sponsor with respect to the Sponsor's obligation under the Instrument so that the transferee becomes obligated there under as if the transferee had been the original owner thereof. (28) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Sponsor and the Commission. (29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts for professional services are to be procured by competitive proposals per • federal procurement requirements (49 CFR 18.36). Requests for proposals/qualifications are to be publicly announced for services expected to cost more than $25,000 in the aggregate. Small purchase procedures (telephone solicitations or direct mail) may be used for services costing $25,000 or less. (A) All professional services contracts are subject to review and acceptance by the Commission prior to execution by the Sponsor to ensure funding eligibility. (30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any Interest in this Agreement without the prior written consent of the Commission. (31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel this Agreement or affirm this Agreement and hold the Sponsor responsible for damages. (32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. • (33) SPECIAL CONDITIONS: The following special conditions are hereby made part of this Agreement: - 11 - (A) Lobbying and Influencing Federal Employees: All contracts awarded by the Sponsor shall include the requirement for the recipient to execute the form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS" included in the grant appendix. This requirement affects grants or portions of a grant exceeding $100,000. (B) Buy, American Requirement: Unless otherwise approved by the Commission and the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. (C) Safety Inspection: The Sponsor shall eliminate all deficiencies Identified in the most recent annual safety inspection report (Airport Master Record 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 include this plan with phased development as outlined in a current and approved airport layout plan. (D) Navigational Aids: Except for instrument landing systems acquired with the AIP (block grant) funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP (block grant) program during the useful life of the equipment. • The Sponsor must check the facility, including Instrument landing systems, prior to commissioning to ensure it meets operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any Sponsor-acquired equipment, except for Instrument landing systems. (E) Environmental Due Diligence Audit (EDDA): The Sponsor shall conduct an Environmental Due Diligence Audit (EDDA) of all NAVAID (electronic navigational equipment) sites that will be established or relocated with federal (block grant) funds. This Includes existing equipment that is currently owned and operated by the FAA Airways Facilities Branch or new equipment for which the Sponsor will be requesting FAA maintenance. (F) Notice to Bidders - Required Language: The Sponsor shall Include the following special provision when advertising for bids: "Notice to all potential bidders on federally funded airport construction projects: As mandated by Executive Order 12818, issued by President George Bush on October 23, 1992, a Job Special Provision will be Inserted Into and made a part of every contract for federally funded airport construction projects, awarded from this or future notices of lettings." . (G) Airport Job Special Provision - Required Language: The Sponsor shall include the following special provisions for federally funded airport construction projects. "By entering into this contract, the Contractor agrees to comply with all 12 applicable terms of Executive Order 12818, Issued by President George Bush on October 23, 1992, prohibiting certain contractual requirements, and prohibiting discrimination against certain persons or entities on the basis of whether or not labor organization Agreements or affiliations exist. The Contractor further agrees to Include within its contracts and subcontracts governing this work, a provision that requires those contractors or subcontractors to comply with Executive Order 12818 (except as may be exempted by the terms of the executive order itself). The contractor understands, and agrees to inform its own contractors and subcontractors, that failure to comply with Executive Order 12818 will subject them to disciplinary action as appropriate, including but not limited to, debarment, suspension, termination of the contract for default, or the withholding of payments. The Contractor also understands that the Sponsor has no policies or contractual provisions which violate Executive Order 12818." (H) Grant Made on Preliminary Plans and Specifications and/or Estimates: This grant is made and accepted upon the basis of preliminary plans, specifications and/or estimates. Within 120 calendar days from the date of acceptance of this grant, the Sponsor shall furnish final plans and specifications to the Commission. Construction work shall not commence, and a contract shall not be awarded for the accomplishment of such work until the final plans and specifications have been accepted by the Commission. Any reference made in this grant to plans and specifications shall be considered as having reference to the final plans and specifications as accepted. • Since this grant is made on preliminary plans and specifications and/or estimates, the grant dollar amount is subject to revision (increase or decrease) after actual project costs are determined through negotiations, appraisals and/or bids. The Sponsor agrees that said revision will be at the sole discretion of the Commission. (1) Sponsor's Disadvantaged Business Enterprise (DBE) Program: When the grant amount exceeds $250,000 the Sponsor hereby adopts the Commission's DBE program that Is Incorporated into this grant agreement by reference. (1) Only DBE firms certified by the Commission will qualify when considering DBE goal accomplishments. (J) DBE Required Statements- 49 CFR PART 26: Where used in this provision, "Department of Transportation" or"DOT" refers to the United States Department of Transportation. "MoDOT" refers to the Missouri Department of Transportation and the Missouri Highways and Transportation Commission. (1) Policy: It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed In whole or In part with Federal funds under this agreement. Consequently, the DBE requirements • of 49 CFR Part 26 apply to this agreement. - 13- (2) Contract Assurance: MoDOT and the Sponsor will ensure that the following clause is placed in every DOT 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 applicable requirements of 49 CFR Part 26 in the award and administration of DOT 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: MoDOT and the Sponsor agree to and incorporate the following assurance Into the day to day operations and the administration of all DOT assisted contracts; where "recipient" means MoDOT and any MoDOT grantee receiving DOT 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 DOT assisted contract or in the administration of their DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination • in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its approved program, DOT may Impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." MoDOT and the Sponsor ensure that all recipients of DOT assisted contracts, funds, or grants Incorporate, agree to and comply with the assurance statement. (4) Prompt Payment: MoDOT and the sponsor require all contractors to pay all subcontractors and suppliers for satisfactory performance of services in compliance with the prompt payment statute, Mo. Revised Statutes, Chapter 34, Section 34.057. MoDOT and the sponsor also require the prompt, as defined in Section 34.057, return of all retainage held on all subcontractors after the subcontractors' work Is satisfactorily completed, as determined by the sponsor and MoDOT. All contractors and subcontractors must retain records of all payments, • made or received, for 3 years from the date of final payment and must be available for Inspection, upon request, by any authorized representative of MoDOT, the sponsor or - 14 - DOT. MoDOT and the sponsor will maintain records of actual payments to DBE firms for work committed to at the time of contract award. • MoDOT and the sponsor will perform audits of contract payments to 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 Missouri Revised Statutes, Chapter 34, Section 34.057. (5) MoDOT DBE Program Regulations: The sponsor, contractor and each subcontractor are bound by the new MoDOT DBE Program regulations at Title CSR 10, Chapter 8. (K) DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROFESSIONAL SERVICES: Disadvantaged business enterprises 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 Commission's approval. (34) AIRPORT LAYOUT PLAN (ALP): All Improvements must be consistent with a current and approved Airport Layout Plan (ALP). The Sponsor shall update and • keep the ALP drawings and corresponding narrative report current with regard to the FAA Standards and physical or operational changes at the airport. (A) ALP approval shall be governed by FAA Agency Order 5100.38A entitled Airport Improvement Program Handbook. (35) 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 airport boundaries were acquired (i.e., federal funds, surplus property, local funds only, etc.). Easement Interests in areas outside the fee property line shall also be Included. A screened reproducible of the Airport Layout Drawing may be used as the base for the property map, (36) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate the potential environmental Impact of this project per federal order 5050.4A-Airport Environmental Handbook. 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. (37) MASTER PLAN: The Sponsor shall hire a qualified engineering/planning consultant to develop/update a master plan to identify the projected . demand/development needs of the airport. - 15- (38) RUNWAY PROTECTION ZONE: The Sponsor agrees to prevent the erection or creation of any obstruction, residence, structure or place of public assembly • in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the approved ALP, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the Commission and the FAA. Any existing obstructions, structures, facilities or uses, including use of equipment that could Interfere with electronic guidance or communication systems for aircraft, within the Runway Protection Zone shall be cleared or discontinued unless approved by the Commission and the FAA. (A) The Sponsor shall also take any and all steps necessary by fee ownership or avigation easement to ensure that the land within the designated Runway Protection Zone will not Include anything that violates FAA standards, is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums, golf courses or any other uses restricted by FAA standards. (39) ENGINEER'S DESIGN REPORT: Prior to development of the plans and specifications, the Sponsor shall provide an engineer's report setting forth the general analysis and explanation of reasons for design choices. Said report shall Include an itemized cost estimate, design computations, reasons for selections and modifications, comparison of alternatives, life cycle cost analysis, geotechnical report and any other elements that support the engineers final plans and specifications. • (40) GEOMETRIC DESIGN CRITERIA: The geometric design criteria shall be those promulgated by the FAA in the advisory circular(AC) series and agency orders, (A) The Sponsor may request and receive approval for adaptation of said criteria where the FAA and the Commission concur that such adaptation is appropriate considering safely, economy and efficiency of operation. (41) PLANS. SPECIFICATIONS AND ESTIMATES: The plans and construction specifications for this project shall be those promulgated by the FAA in the AC series and agency orders. (A) The plans shall Include a safety plan sheet to identify work areas, haul routes, staging areas, restricted areas, construction phasing, shutdown schedule etc., and to specify the requirements to ensure safety during construction. (B) The Sponsor shall submit all plans, specifications and estimates to the Commission for review and acceptance prior to advertising for bids for construction. (42) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a construction observation/Inspection program setting forth a format for accomplishment • of resident observation, construction inspection and overall quality assurance, . 18. (43) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The Sponsor shall provide and maintain adequate, competent and qualified engineering supervision and construction Inspection at the project site during all stages of the work to ensure that the completed work conforms with the project plans and specifications. Project oversight by the Commission's project manager or other personnel does not relieve the Sponsor of this responsibility. (A) The Sponsor shall require the resident project representative to keep dally construction records and shall submit to the Commission a weekly construction progress and inspection report on the FAA form 5370-1 completed by the resident project representative. A weekly summary of tests completed shall be Included. (B) Prior to final acceptance, the Sponsor shall provide to the Commission a testing summary report bearing the engineer's seal including a certification from the engineer that the completed project is in compliance with the plans and specifications. (44) WAGE LAWS: The Sponsor shall ensure its contractors and subcontractors shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute this project as determined by the Department of Labor and Industrial Relations of Missouri, and they shall further comply in every respect with the minimum wage laws of Missouri and the United States. Federal wage rates under the Davis-Bacon or other federal acts apply to and govern this Agreement also for such work which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement is subject to the "Work Hours Act of 1962", Public Law 87-581, 76 Stat. 357, as amended, and its implementing regulations. The Sponsor shall take the acts that may be required to fully Inform itself of the terms of, and to comply with, state and federal laws. (45) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to be accomplished by contract is to be competitively bid in accordance with federal procurement requirements (49 CFR Part 18). Bid notices should be published in a qualified (local or area) newspaper or other advertisement publication located in the same county as the airport project as a minimum. (46) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall review all contractors' bids and approve the selection of the apparent successful bidder prior to the Sponsor awarding the construction contract. (47) NOTICE TO PROCEED: After the Commission receives copies of the executed construction contract between the Sponsor and the contractor, the performance and payment bonds; and any other documentation as required by this agreement, the Commission will authorize the Sponsor to issue a notice to proceed with construction. • (A) Notice to proceed shall not be Issued until the Sponsor has provided satisfactory evidence of acceptable title to the land on which construction is to be performed. Ownership status of existing airport property as well as any land or - 17- easements acquired under this project must be Included in a Certificate of Title tied to a current Exhibit "A" property map. ' (B) The Sponsor shall issue a notice to the contractor within ten (10) days of authorization by the Commission, unless otherwise approved by the Commission. (C) Any construction work performed prior to the Sponsor's Issuance of a Notice to Proceed shall not be eligible for funding participation. (48) DISADVANTAGED BUSINESS ENTERPRISES (DBE) - CONSTRUCTION: The Sponsor shall notify prospective bidders that disadvantaged business enterprises will be afforded full and affirmative opportunity to submit bids in response to the Invitation and will not be discriminated against on grounds of race, color, sex or national origin in consideration for an award. (A) The goal for this project to be awarded to DBE firms shall be established by the Commission based on the engineer's construction cost estimate Included In the design report. The goal will be a percentage of the federal portion of the contract costs less the amount expended for land, easements, the Sponsor's in- house administration, force account work and any noncontractual costs. Failure to meet the DBE goal can render a bid proposal non responsible at the Commissions discretion. (B) The Sponsor shall conduct field reviews and Interviews with workers to ensure that the portion of the work identified In the construction contract to be performed by DBE firms is so performed. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (49) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic random interviews with the workers to assure that they are receiving the established prevailing wages. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (50) AIR AND WATER QUALITY STANDARDS: Approval of the project is conditioned on the Sponsor's compliance with the applicable air and water quality standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation or termination of federal assistance under this Agreement. (51) FILING NOTICE OF LANDING AREA PROPOSAL: When a project Involving changes to the runway will be Implemented at an airport, the Sponsor must submit FAA form 7480-1 to the FAA not less than one hundred and twenty (120) days prior to commencement of any construction or alteration. A copy of the form as filed with the FAA and the FAA airspace determination letter must be provided to the Commission. • (A) This form must be submitted for any projects that involve the widening, lengthening or reconstruction of an existing runway or construction of a new runway. When the funded project is strictly a master plan/site selection, this form will be - 18- submitted for the final three proposed sites prior to development of the airport layout plan. ' (52) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: When a development project that does not Involve changes to the runway will be Implemented at an airport, the Sponsor must submit FAA form 7460-1 to the FAA not less than 120 days prior to commencement of any construction or alteration. A copy of the form as filed with the FAA and the FAA airspace determination letter must be provided to the Commission. (A) This form must be submitted for construction of any permanent structures on the airport, temporary structures over 20 feet in height or use of construction equipment over 20 feet tall. It is not necessary for routine construction projects unless they include above ground installations. (53) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change orders/supplemental agreements must be submitted to the Commission for approval prior to implementation to ensure funding eligibility. (A) Requests for additional work for Items not Included In the original bid must be accompanied by a cost analysis to substantiate the proposed costs. (54) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the Installation of any signs, markers or • other devices required for the safety of the public. All markers or devices required on the airport will conform to the FAA regulations or specifications that may apply. (A) The Sponsor shall ensure that a safety plan is included in the contract documents and that the Contractor compiles with the safety plan during construction. (B) It is also the responsibility of the Sponsor to Issue, through the applicable FAA Flight Service Station, any and all Notices to Airmen (NOTAM's) that may be required. Copies of notices shall also be sent to the Commission as soon as they are filed with the FAA. (55) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line or black line as-built construction plans and two (2) sets of the updated ALP with a narrative report to the Commission upon project completion. The Commission will forward one (1) set of the updated ALP to the FAA central region office. • - 19- i IN WITNESS WHEREOF, the parties have entered Into and accepted this Agreement on the last date written below. ' Executed by the Sponsor this day of Maq 20b(o. Executed by the Commission this gW day of 20 cam. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION SP OR Bye feM Title _ Chief Engineer ' Attest: v ' Attest. i;` �JGGIJ �1J By hi",14�' Secretary to the Commission • Title App =asto CorKifilasl n Cou sel } i • -20- CERTIFICATE OF SPONSOR'S ATTORNEY I, !Un an M. IU�zK�l�gc 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 that the execution thereof Is in all respects due and proper and in accordance with the laws of the said state and the Airport and Airway Improvement Act of 1982, as amended. In addition, for grants Involving projects to be carried out on property not owned by the Sponsor, there are no legal Impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. SPONSOR: of N f S on or's Attorney(typed) Signature of Sponsor's Attorney Date .5 • t:4nolavlationlaolg stale block grant agreeman6doo • _yt . APPENDIX STATE BLOCK GRANT AGREEMENT Purpose The purpose of this appendix is to provide the sponsors with sufficient information to carry out the terms of the state block grant agreement and implement their project. The key items are listed below and are available on the MoDOT website (www.modot.or0,the FAA website(www,faa.eov/arn/amAome an ge.htm), the State Block Grant Program Guidance Handbook or other website as indicated. ;0 Control 150/5370-12 _ Quality of Construction for Airport Grant Projects E50:/5:3:8:0:-5:B Debris Hazards at Civil Airports 380-6A Guidelines.and Procedures for Maintenance of Airport Pavements 150/5380-7 Pavement Management System 150/5380-8— of Alkali-Silica Reactivity In Airport Pavements �. Heliport Design 910–Predesign Conference 920–Engineers Report(& Pavement Design) ..---------- FAA 1 940– Regional Modifications to FAA 950– Sponsor Modifications to FAA Standards FAA 960–Safety Plan iction Meeting FAA 1106R–_Labor_Requirements FAA 1100–Runway Commissioning FAA 1310– Environmental Site Assessment FAA 1750– --------------- Airport Pavement Maintenance Program FAA Technical Topics–Central-Region '....­ ...... MoDOT DBE Program �9_p�q .... .. ----------- The key Items are listed above and are available on the MoDOT aviation websIte (http://www.modat.mo.gov/othertransportation/aviation/aviatlongrantdoc.htm), the Central Region FAA Airports Division websIte (www.faa.aov/arp/ace), or other websIte as Indicated. The source for each Item Is Indicated In the left. 4 Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of 5345-13A Airport Lighting Circuits F-1-5o_/ .___ 0 [�50�/53S2�� Specification for L-823, Plug and Receptacle, Cable Connectors .15LI34 Wind Cone Assemblies Fn/15345-27WJ Precision Approach Path Indicator Systems (PAPI) Fis0/5345-39B FAA Specification L-853, Runway and Taxiway Centerline Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Bo�es 1150/5345-742D and Accessories 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345-44G ISpecification for Taxiway and Runway Signs 150/5345-45A JI LIghtwelght'Approach Light Structure ------ 150/5345-46B specification for Runway and Taxiway Light Fixtures 150/5345-478 Isolation Transformers for Airport Lighting Systems 150/5345.49B JI Specification L-854, Radio Control Equipment 150/5345-50A�3 �5�. OA_ jSpecification for Portable Runway Lights • Fi Specification for Discharge-Type Flasher Equipment 150/5345-53C and Airport Lighting Equipment Certification Program Addendum 1 FT1�5�1�5-55 _TL Lighted Visual Aid to Indicate Temporary Runway Closure 1 FMn_ Planning and Design of Airport Terminal Facilities at Non-Hub Locations J F 1 OM60-1_1 �1 Energy Conservation for Airport Buildings Airport Signing & Graphics 150/5360-13_ _Planning,snd Design Guidance for Airport Terminal Facillt.les., _] Access to Airports by Individuals with Disabilities ........ .. 5 EW70-2E _][Operational Safety on Airports During Construction E1 E50:/5 70-613 Progress and Inspection Report--Airport Grant �3 Pr_ogrim____j F �/ 15 5�j Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices In the Evaluation of Airport Pavements 3 • 150/5300-9A ]PreesIgn,d Prebid and Preconstruction Conferences for Airport Grant Projects 150/5300-13 Changes 1 through 9 Airport Design and Aircraft Characteristic Database 150/5300-14 Changes Design of Aircraft Deicing Facilities 1 through 2 150/5300-15 i Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-58 1AIrport Drainage J 150/5320-6D Changes Airport Pavement Design and Evaluation 1 through 3 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Changes Pavement Surfaces 1 through 7 ---- - - - . .. .. . _.. 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5 Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1 J Standards for Airport Markings 150/5340-5B Segmented Circle Airport Marker System - JI 150/5340-180 Standards for Airport Sign Systems - -- 150/5340-26A tena Mainnce of Airport Visual Aid Facilities 150/5340-30A I Design and Installation Details for Airport Visual Aids 150/5345-1V I Approved Airport Equipment J 150/5345_3E Specification for L_821 Panels for Control to Airport Lighting F - — 150/5345-5A Circult Selector Switch 150/5345-7E �I Specification for L-824 Underground Electrical Cable for Airport Lighting i Circuits 150/5345-10F I Specification for Constant Current Regulators Regulator Monitors - -- - .. ., . . ---- .._. . . ... . • 150/5345-12E I Specification for Airport and Heliport Beacon 2 FAA Advisory Circulars, Standards, Guidance and Commission Standards . Updated on: 01/18/06 Sponsor is responsible to check the FAA website for the most current Advisory Circulars at time of execution of engineering services agreement—go to hftl2://www.faa.ciov/arp/I NUMBER TITLE ---77-77 70/7460-1K Obstruction Marking and Lighting Change 1 150/5070-68 Airport Master Plans r 150/5100-14D I.Achitectural, Engineering, and Planning Consultant Services for Airport Grant Projects F5COh/a5nl 00-17 Land Acquisition and Relocation Assistance for Airport Improvement Program ge 6 A ssisted Projects 150/5200-28B Notices to Airmen (NOTAMS)for Airport Operators 150/5200-30A Changes Airport Winter Safety and Operations . 1 through 8 150/5200-32A Reporting Wildlife Aircraft Strikes 150/5200-33A Hazardous Wildlife Attractants on or Near Airports 150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-20 Ground Vehicle Operations on Airports 150/5220-13B Runway Surface Condition Sensor Speclfication Guide 15015220-18C I Automated Weather Observing Systems (AWOS)for Non Federal Applications 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control ___ ; Equipment and Materials_ 150/5220-20 Airport Snow and Ice Control Equipment Change 1 150/5230-4A Aircraft Fuel Storage, Handling, and Dispensing on Airports 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 1 ' nondiscrimination in lilt award and administration of DOT-assisted contracts.71nc 14 recipient's DBE program,as required by 49 CFR Part 26,mid as approved by DOT,is incorporated by reference in this agreement.implementation of this program is a legal obligation and failure to carry out its terms shall be boated as a violation omits ngreemenl. Upon notification to the recipient of its failure to carry out its approved program,file Department may impose sanctions as provided for under Pan 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program rmud Civil Remedies Act of 1996(31 U.S.C.3901). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed of the airport for the aircrall of the aircraft owner's expense,file airport owner or operator will grant to the aircrait owner for die hangar a long term lease that is subject to such terins unit conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator ora medium or large Imb airport(as defined in section 47102 of title 49,U.S.C.)has been nonlife to accommodate one or more requests by an air carrier for access to gales or other facilities at that airport in order to allow tiro air carrier to provide service to file airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary thal- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated;and 3. Provides a time frame within witch,irony,the airport will be able to accommodate file requests. b. Such report shall be due on tither rcbruary 1 or August I of each year if the airport has been unable to accommodate the request(s)in the six month period prior to the applicable due date • Airport Assurances(312006) - 13 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 or 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 tine 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 Inter 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 or[lie airport. 32. Enginecdng and Design Services. It will award each contract,or sub-contract for program management,construction management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related services with respect to the project In the same manner as a contract for architectural and engineering services is negotiated under Title IX orthe Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor or the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grail to be used to . fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated and included in this grant,and in accordance with applicable state policies,standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1)11 will be guided in acquiring real property, to the greatest extent practicable under State law,by the land acquisition policies in Subpart D of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and G of 49 CFR Pan 24. (3)It will nnnke available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart H or49 CI-R Part 24. 35. Access By Intercity Buses. The airport owner or operator will perni t,to the maximum extent practicable,intercity buses or other modes ortransportation 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 recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Pan 26. • The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances(3/2005) ' be subject to the approval of tile Secretary which approval shall be 12 evidenced by the signature of o duly authorized representative of(lie 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. Ira 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 tine airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owacr or operator will,if requested,by the Secretary(I) eliminate such adverse effect in a manner approved by the Secretary;or(2) bear all costs of relocating such property(or replacement thereof)to n site acceptable to[lie Secretary and all costs of restoring such property(or replacement thereof)to the level of safely,utility,efficiency,and cost of operation existing before the unapproved change in the airport or its faeflitics. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on tine grounds of race,creed,color,national origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for tine period during which Federal financial assistance is extended to the program,except where Federal financial assistance is to provide,or is in the form or personal property or real properly or interest therein or structures or Improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a)the period during which tine property is used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits,or(b)the period during which the Sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchnsed under a grant for airport noise compatibility purposes, it will dispose of the land,when the land is no longer needed for such purposes,at fair market value,at the earliest practicable lime. That portion of the proceeds of such disposition which is proportionate to the United Slatcs'share oracquisition orsuch land will,at the discretion oribe Secretary,(1)be paid to the Secretary for deposit in the Trust Fund,or (2)be reinvested in an approved noise compatibility project as prescribed by the Secretary,including the purchase of nonresidential buildings or property in tine vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. 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 Stales' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to Ilse United States'share of the cost of acquisition of such land will,(1)upon application to the Secretary,be reinvested in another eligible airport Improvement project or projects approved by the Secretary at that airport or within the national airport system,or(2)be paid to the Secretary for • deposit in the Trust Fund if no eligible project exists. Airport Assurances(312005) 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 will)the terns,conditions,and assurances of the 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 lime 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: (I)all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made;and (ii)nil services and property provided by the airport to other whits 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 nll of the facilities of the airport developed with pedcral financial assislance and all those usable for landing and lakeoff of aircrall to the United Stales for use by Government aircraft in common with other aircrall at 311 times without charge,except,if the use by Government nircrat 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 aircrall will be considered to exist when operations of such aircraft arc 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, rive(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 aircrall multiplied by gross weights of such aircrnD)is In excess of five million pounds. 28. Land for Federal Facilities. h will furnish without cost to the pedcral Government for use in connection with any air traffic control or air navigation activities,or wcalher-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 pedcral 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 Flan. a. It will keep up to date at all limes on airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offshe 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;and(3)the location of all existing and proposed nonaviation areas and of all existing improvements thereon.Such airport • layout plans and each amendment,revision,or modification thereof,shall Airport Assurances(312005) • to ' aircraft sales find services,sate oravintion petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of aircraft parts,and any otheractivitics which because of0icir 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 tine facilities and services of the airport which will make the airport as selfsustnining 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 devclopment,nir orl planning or noise compatibility project for which a grant is mnde 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 or 1970 shall he 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 a0cr December 30, 1987,will be expended by it for the capital or . operating costs orthe 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 or passengers or property;or for noise mitigation purposes on or off line airport. Provided,however,that 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 o%vner or operator's general debt obligations or other facilities,then this limitation on the use of all rcvauncs generated by the airport(and,in the case of a public airport,local taxes on aviation fuel)shall not apply. b. As part of the annual audit required under lite 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 still 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 Tide 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial find operations reports as the Secretary may reasonably request and make such reports available to the public;make available to the public at reasonable limes 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 Ilse airport,including deeds,lenses,operation and use Airport Assurances(312005) . 9 C. Ench fixed-bascd operator at the airport shall be subject la the same rates, fees,rentals,and other charges as me uniformly applicable to nil outer 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 nulhorizcd or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as n tenant,non tenant,or subtenant of another air carrier tenant)shall be subject to such nondiscriminatory and substantially comparable riles,regulations, conditions,rates,fees,rentals,and other charges with respect fo facilities directly and substantially related to providing air Iransportntion as are applicable to nil such nir 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 obligafions substantially similar to those already imposed on air carriers in such classification or status, C It will not exercise or grant any right or privilege which operates to prevent tiny person,firm,or corporation operating nireraft on the airport from performing any services on its own aircraft with its o%v n 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 Ilse rights and privileges referred to In this assurance,the services involved will be provided an 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 effncicnt operation of the airport. I. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action Is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed•bascd operator shall not be constrncd as an exclusive right if both of the following apply. a. It would be unreasonably costly,burdensome,or impractical for more don one fixed-bascd 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 pursunt l to an existing agreement between such single nixed-bascd operator and such airport. 11 further agrees that II 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, Airport Assurances(3/2005) • R 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•aeronamical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in efTect arrangements for. (1)Operating the airport's acronnutical 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 aeronnutical use during temporary periods when snow,flood or other clinnlic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restoration,or replacement ofnny 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 adequotcdy 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(tier 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 cnuse or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport. b, In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,Finn,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(lie 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. Airport Assurances(312005) 7 • plans,specifications,and scliethdes shail also be subject to approval of ilia Secretary,and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at Ilia construction site throughout(lie project to assure that the work conforms to the plans,specifications,and schedules approved by(lie Secretary for Ilse 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; n. It will execute the project in accordance with lire 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 Ilia 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(lie 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 die United States or any other country. C. 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 nil or any part of this project as well as the right to disapprove lire proposed scope and cost of professional services. g. It will grant ilia Secretary Ilia right to disapprove ilia use of ilia sponsor's employees to do all or any pan of ilia project. h. It understands and agrees that the Secretary's approval of this project grail 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 ilia part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and 1lfalnumince. a. The airport and all facilities which are necessary to serve file aeronautical users of the airport,other Than facilities owned or controlled by ilia 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 thercon • which would interfere with its use for airport purposes. It will suitably Airport Assurances(312005) • 6 reports on pavement condition and pavement management programs an 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 ofsuch airport under section 44706 of Tide 49,United States Code,and all the security equipment required by rule or regulation,and fins provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other[hall air cntricr aircraft. 13, Accounting System,Audit,and Record Keeping Requirements, a. It shall keep all project accounts and records which filly disclose the amount and disposition by the recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the cost of file project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall be kept In accordance wills an accounting system that will facilitate an effective nudit in accordance with the Single Audit Act or)984. 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[hat arc pertinent to the grant. The Secretary may • require that an appropriate audit be conducted by a recipient. In any case in which ml independent audit Is made of the accounts of n sponsor rclating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used,It shall file it certified copy of such audit with the Comptroller General of the United States not later than six(6)ninths following the close of file 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(bndcd under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.276a.276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included its proposals or bids for the work. J51 Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such provisions as are necessary to insure[lint,in the employment of labor(except in executive,administrative,and supervisory positions), preference shall be given to Veterans of the Vietnam cra and disabled veterans as defined fin Section 47112 of Title 49,United Slates 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 file Secretary,shall be incorporated into this grant agreement. Any modification to the approved • Airport Assurances(3/2005) ' s • properly which includes provisions specified by the Secretary. It will lake steps to enforce this agreement against the property owner whenever there Is substantial non-compliance with the terns of the agreement. C. If the sponsor is a private sponsor,it will lake steps satisfactory to the Secretary to ensure(hat the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. Iran arrangement is made for mnnngennent and operation of the airport by any agency or person other than the sponsor or an employee of(he sponsor,the sponsor will reserve sufficient rights and authority(o insure that(Ire airport will be operated and maintained fu accordancc Title 49, United States Code,the regulations and the lcmns,conditions and assurances in the grant agreement and shnll insure that such arm,ngcment also requires compliance(herewith. 6. Consistency with Local Plans. 'tile project is reasonably consistent with plans(existing al the time of submission of this application)of public agencies that are authorized by(he 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 Slates Code,it has undertaken reasonable consultations with i affected parties using the airport at which project is proposed. 9. Public Hearings, In projects involving the location of nn airport,an airport runway,or a major runway extension,it has afforded the opportunity for public hearings for the purpose of considering file economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on Its management board either voting representation from the communities where the project is located or has advised the communities Ihal they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards, In projects involving airport location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of(Ire Environmental Protection Agency,certification shall be obtained from such Administrator. Notice ofecrtilicalion or refusal to certify shall be provided within sixty days after(lie project application has been received by tine Secretary. 11. Pavement Preventive Maintenance. Will 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 Airport Assurances(312005) • 4 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. 11 has sufficient funds nvnilablc to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It,a public agency or the Fedcral government,holds good title,satisfactory to the Secretary,to the landing area of lite aigion or site thereof,or will give assurance satisfactory to the Secretary that good title will be acquired. Ill For noise compatibility program projects to he carried out on the property orlhe sponsor,it holds good title satisfactory to the Secretary to lhnl 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 pennit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terns, conditions,and assurances in file grant agreement without the written approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding rights or claims orright of others which would • interfere with such performance by the sponsor.This shall be done in a manner acceptable to the Secretary. It. 11 will not sell,Tense,encumber,or otherwise transfer or dispose of any pan of its title or other interests in the properly shown on Exhibil A to this application or,for a noise compatibility program project,that portion of the property upon which Vederal finds have been expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the Iransfcrce is found by the Secretary to be eligible under Title 49,United Slates Code,to assume Cite obligations of the 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 arc on property owned by a unit of local government other titan llte sponsor,it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall oblignlc that government to the sane terms,conditions, and assurances[list 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[hereto 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 Airport Assurances(312005) h. 49 CFR Part 18-Uniform administrative requirements for grants and • cooperative agreements to state and local govcmmcros.3 f. 49 CFR Part 20-New restrictions on lobbying. J. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department ofTransportation-effectuation orTillc VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1, 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.%2 m. 49 CFR fart 26—Participation By Disndvanlagcd Business Enterprises fn Department ofTransportntion Programs. n. 49 CFR fart 27-Nondiscrimination on the basis of handicap in programs suit activities receiving or benefiting from Federal financial assistance.% o. 49 CFR Parl 29—Government wide debarment and suspension(non- procurement)and government wide requirements for drugdree workplace (grants), P. 49 CFR Part 30-Denial orpublic works contracts to suppliers of goods and services of countries that deny procurement market access to US, contraclors, q. 49 CFR Part 41 -Seismic safety of Fcdcral and federally assisted or regulated new building construction.' Office of Dlanagemenl and ifudget Circulars a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments. • It A-133-Audits orStatcs,Local Govcmmcnts,and Non-Profil Organizations l These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 2 49 CFR Part 18 and OMB Circular A-87 contain requirements for Slate and Local Governments receiving Federal assistance. Any requirement levied upon Slate and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49,United Slates Code. Specific assurances required to be included in grunt agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. Ito Public Agency Sponsor: It fins legal authority to apply for the 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 tiling of the applicatlon, including all understandings and assurances contained therein,and direcling and aphorizing the person Identified as llte official representative of the applicant to act In connection with fine application and to provide such additional information as may be required. b. Private Sponsor:it has legal authority to apply for the grant and to finance and carry out tine proposed project and comply with all terns, conditions,and assurances of this grant agreement. It shall designate an • official representative and shall In writing direct and authorize that person Airport Assurances(312005) • 2 . e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,c c t a f. National Historic Preservation Act of 1966-Section 106-16 U.S,C, 470(0.1 g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469x1 h, Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,e( sea. 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(n)-42 U.S.C. 4012x.1 I. Title 49,U.S.C.,Section 303,(formerly known as Section 4(0) M. Rehabilitation Act of 1973-29 U.S.C.794. n. Civil Rights Act of 1964-Titic vi-42 U.S,C.20004 through d-4. 0. Age Discrimination Act of 1975.42 U.S.C.6101,c ce . P. American Indian Religious Frccdom Act,P.L.95.341,as amended. q Architectural harriers Act of 1968-42 U.S.C.4151,et seen,I r. Power plain and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.1 S. Contract Work hours and Safety Standards Act-40 U.S.C.327,el scn.l 1. Copeland Anti kickback Act-19 U.S.C.874.1 u, National Environmental Policy Act of 1969.42 U.S.C.4321,c se i V, Wild and Scenic Rivers Act,P.L.90-542,as amended. W. Single Audit Act of 1984.31 U.S.C.7501,c".c 2 • X. Drug-Free Workpincc Act of 1988-41 U.S.C.702 through 706. Executive Orders Executive Order 11246-Equal Employment Opportunity! Executive Order 11990-Protection of Wetlands Executive Order 11998—Flood Plain Management Executive Order 12372-Intergovernmental Review of Federal Programs. Executive Order 12699-Seismic Safcly of Federal and Federally Assisncd New Building Construction' Executive Order 12898-Environmental Justice Federal Regulations a. 14 CFR Part 13-Investigative and Enforcement Procedures. b. 14 CFR Part 10-Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150-Airport noise compatibility planning. A 29 CPR Part 1 -Procedures for predetermination of wage rates,' C. 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 Slates., C 29 CFR Pori 5-Labor standards provisions applicable to contracts covering federally financed and assisted construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act)) g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requirements).' • Airport Assurances(312005) ASSURANCES Airport Sponsors A. General. 1. These assurances shall be compiled with in the performance of grant agreements for airport dcvclopment,airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of[hc 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"ratans a public agency will%control of a public-use airport;the term"private sponsor"nncans it private owner of a public-use airport;and the term"sponsor"Includes both public agency sponsors and private sponsors. 3. Upon acceptance of[he grant offer by the sponsor,These assurances arc incorporated in and become part of the grant agreement. D. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of the 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 llte date of acceptance of a grail offer of redcral 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 on airport.There shall be no limit on the duration of the terns, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil nights assurance shall be specified in tine assurances. 2. Airport Development or Noise Compatibility['rejects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project iterns 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 Ilse date of acceptance of Federal aid for tine project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances orthe grant agreement shall remain in full force and effect during[lie life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,executive orders,policies,guidelines,and requirements as they relate to line application,acceptance and use of Federal funds for this project including but not limited to line following: Federal Legislation n. Title 49,U.S.C„subtitle Vil,as amended. b. Davis-Bacon Act-40 U.S.C.276(a),gt sea.l C. Federal Fair Labor Standards Act-29 U.S.C.201,a se • d. Hatch Act-5 U.S.C. 1501,et seat Airport Assurances(312005) �XK18�T � • 1100—Runway commissioning 1600—Grant Closeout 1110- IAP Data(405 Survey) 1610—Development Projects 1120—Master Record•(5010) 1620—Equipment Projects 1630—Grant Amendment 1300—Land Acquisition 1310—Environmental Assessment 1700—Post Grant 1320—Title Evidence 1710—Record Keeping 1720—Audit Requirements 1400—Force Accounts 1730—financial Reports 1410—Engineering Force Account 1740 -Compliance 1420—Construction Force Account 1750—Pavement Maintenance 1500—Grant Payments 1510—Drawdown Submittal Info 1520—Quarterly Report For further information, please contact: FAA ACE- 60901 Locust Kansas City, MO 64106-2325 816/329-2600 • Page Last Updated; July 19, 2003 Airports Central Region—AIP Guide Index • 100—AIP:General 700—Grant Implementation 1300- Land Acquisition 200—Civil Rights/DBE 800—Sponsor Certification 1400—Force Accounts 300—Professional Services 900- Project Design 1500- Grant Payments 400—Procurement 1000—Construction Phase 1600—Grant Closeout 500—Planning 1100—Runway 1700—Post Grant This guide has been prepared to assist airport sponsors and their consultants in obtaining and administering an Airport Improvement Program (AIP)grant. This guidance is intended to provide a convenient resource to assist in identifying the requirements associated with the AIP and as established within relevant Federal regulations and statutes. Users of this site are hereby advised that this regional guidance is not intended to establish nor create requirements for participation in the AIP. Requirements for AIP participation are established within United States Code, Public Law, Federal Regulations and official FAA policies. Index of AIP Guide 100—AIP General 710—Project Application 110—Grant Checklist 720—Sponsor Assurances 140—AIP Obligations 730—Drug Free Workplace 150—Standards 740—Title VI Assurance 750—Executing the Grant Offer • 400—Procurement 410—Small Purchases 800—Sponsor Certification 500—Planning 900—Project Design 510—NPIAS 910—Predesign Conference 520—Airport Layout Plans 920—Engineer's Report 530—Environmental Review 930-Plans and Specifications 531 —Categorical Exclusions 940—Regional Modifications 540—Airport Site Investigation 950—Sponsor Modifications 541 —Evaluation Factors 960—Safety Plan 550—Runway Protection Zones 560—Airport Property Interests 1000—Construction Phase 561 —Avigation Easements 1010—Bidding 562—Zoning around Airports 1020—Contract Award 570—Apron Design 1030—Construction Observation 580—Planning Resources 1040—Preconstruction Meeting 1050—Notice to Proceed 600—Project Formulation 1060—Labor Provisions 610—Requesting Aid; ACIP 1070—Inspections 620—Benefit Cost Analysis 1080—Contract Modifications 700—Grant Implementation • MoDOT Electrical Specifications MO-101 Installation of Airport Rotating Beacon • • MO-103 Installation of Airport Beacon Towers • MO-107 Installation of Airport 12-Foot Wind Cone MO-108 Installation of Underground Cable for Airports MO-109 Installation of Airport Transformer Vault and Vault Equipment MO-110 Installation of Airport Underground Electrical Duct • MO-120 Installation of Airport Precision Approach Path Indicator(PAPI) System • MO-125 Installation of Airport Lighting System 3 Construction Project Items • Weekly Construction Progress and Inspection Report • Weekly DBE Compliance Review Report • Weekly Wage Rate Interview Report • Change Order and Supplemental Agreement Instructions • Change Order and Supplemental Agreement Form (Auto) • Outlay Report and Request for Reimbursement (90%) (Form 271)(Manual) • Outlay Report and Request for Reimbursement (90%) (Form 271)(Auto) • Outlay Report and Request for Reimbursement (95%) (Form 271)(Manual) • Outlay Report and Request for Reimbursement (95%) (Form 271)(Auto) • State-Request for Payment Project Closeout Items • Final Testing Report (Checklist) • Electrical Systems Testing Report • Precision Approach Path Indicator(PAPI) Inspection Report • Preliminary Data Information for New or Relocated PAPI Facilities • Contractor's Certification Regarding Settlement of Claims • Sample Certification Letter from Prime Contractor Regarding DBE's MoDOT Construction Specifications • Federal-Preparatlon of Project Plans and Specifications • Federal-Construction Observation Program • State-Preparation of Project Plans and Specifications • State-Constructlon Observation Program • Construction Observation Program (Non-Paving) • Construction Observation Program-Required Tests and Certifications • Construction Plans Checklist • MO-100 Mobilization • MO-152 Excavation and Embankment • MO-155 Fly Ash Treated Subgrade • MO-156 Erosion and Sediment Control • MO-161 Wire Fence with Steel Posts • MO-162 Chain-Link Fences • MO-209 Crushed Aggregate Base Course • MO-401F Plant Mix Bituminous Pavements • MO-4015 Plant Mix Bituminous Pavements • MO-500 Joint and Crack Resealing-Concrete Pavement • MO-501 Portland Cement Concrete Pavements • MO-601 Surface Preparation • MO-602 Bituminous Prime Coat • MO-603 Bituminous Tack Coat • MO-610 Structural Portland Cement Concrete • MO-620 Runway and Taxiway Painting • MO-622 Crack and Joint Sealing-Bituminous Pavement • MO-623 Pavement Friction Sealcoat Surface Treatment • MO-701 Pipe for Storm Drains and Culverts • MO-706 Prefabricated Underdralns • MO-901 Seeding • • MO-905 Topsolling • MO-908 Mulching 2 Aviation - Grant Documentation State Block Grant Program Guidance Handbook • About the Handbook • Index • Section 1 - Grant Application and Project Selection (4a kb,5pages) • Section 2 - Project Environmental Requirements(t4kb,3pages) • Section 3 - Airport Planning Projects (200,4pages) • Section 4 - Land Acquisition (u kb,3ps9e3) • Section 5 - Procurement of Engineering Services (220,4pages) • Section 6 - Project Development (sokb, topagos) State Aviation Trust Fund Program • State Aviation Trust Fund Program Procedures Grant/Loan Applications • Missouri State Block Grant Program Application • State Aviation Trust Fund Program Application • MoDOT Innovation Finance (STAR) Pre-Application Consultant Services Items • Sample Advertisement Consultant Selection • Qualifications Based Selection (QBS) Public Owner's Workbook • Aviation Project Consultant Agreement - Exhibit IV- Derivation of Consultant Project Costs -Exhibit V- Engineering Basic and Special Servlces-Cost Breakdown • Master Plan and Airport Layout Plan (ALP) Checklist • State-Missouri Revised Statutes Sections 8,285-8.291 • State Aviation Trust Fund Project Consultant Agreement Sponsor Certifications • Certificate of Title • Categorical Exclusion Checklist • Proposed Instrument Approach Checklist • Sponsor Questlonnalre-Airport Compliance Status • Standard DOT Title VI Assurances • Sponsor Certification for Drug-Free Workplace • Sponsor Certification for Selection of Consultants • Sponsor Certification for Real Property Acquisition • Sponsor Certification for Projects Plans and Specifications • Sponsor Certification for Equipment/Construction Contracts • Sponsor Certification for Construction Project Final Acceptance • State-Certification of Compliance • 1 Exhibit A Supplemental Appropriations Fiscal Year 2006 Budget AIRPORT FUND: Revenue 6100-0000-0335-0010 $300,000 (Federal Grant Revenue) 6100-0000-0800-3502 $ 15,789 (Transfer from Sales Tax"D"-Matching Funds 5%) Expenditure: 6100-6100-7000-0030 $315,789 (Purchase/Improvements) • -2-