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HomeMy WebLinkAboutOrd.4613.08-18-2014BILL NO. 14-122 ORDINANCE NO. _/� 0 B AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT AMENDMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO FUND THE CONSTRUCTION AND CONSTRUCTION SERVICES TO RESTRIPE THE AIRFIELD PAVEMENTS AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized and directed to execute, on behalf of the City, State Block Grant Agreement Amendment between the City of Cape Girardeau and the Missouri Highways and Transportation Commission to fund construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport, Project Number 14-077A-1, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS _a day of 2014. (SEAL) ATTEST: ayl Conrad, City Clerk Harry E. ediger, Mayor CCO FORM: AC10 Sponsor: City of Cape Girardeau Approved: 03/91 (KR) Project No: 14-077A-1 Revised: 03/13 (MWH) Airport Name:Cape Girardeau Regional Modified: CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation STATE BLOCK GRANT AGREEMENT SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION --State Block Grant Agreement --Federal Authorization - Airport and Ainway Improvement Act of 1982 (as amended) --Project Description - Planning, Land/Easement Appraisals and Acquisitions, Surveying, Engineering Design, Construction SECTION II - STANDARD AGREEMENT ITEMS 1. PURPOSE 2. PROJECT TIME PERIOD 3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY 4. AMOUNT OF GRANT 5. AMOUNT OF MATCHING FUNDS 6. ALLOWABLE COSTS 7. WITHDRAWAL OF GRANT OFFER 8. EXPIRATION OF GRANT OFFER 9. FEDERAL SHARE OF COSTS 10. RECOVERY OF FEDERAL FUNDS 11. PAYMENT 12. ADMINISTRATIVE/AUDIT REQUIREMENTS 13. APPENDIX 14. ASSURANCES/COMPLIANCE 15. LEASES/AGREEMENTS 16. NONDISCRIMINATION ASSURANCE 17. CANCELLATION 18. VENUE 19. LAW OF MISSOURI TO GOVERN 20. WORK PRODUCT 21. CONFIDENTIALITY 22. NONSOLICITATION 23. DISPUTES 24. INDEMNIFICATION 25. HOLD HARMLESS 26. NOTIFICATION OF CHANGE 27. DURATION OF GRANT OBLIGATIONS 28. AMENDMENTS 29. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS 30. ASSIGNMENT 31. BANKRUPTCY 32. COMMISSION REPRESENTATIVE 33. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 34. SPECIAL CONDITIONS -1- SECTION III — PLANNING 35. AIRPORT LAYOUT PLAN 36. AIRPORT PROPERTY MAP 37. ENVIRONMENTAL IMPACT EVALUATION 38. EXHIBIT "A" PROPERTY MAP 39. SECTION IV - LAND/EASEMENT APPRAISALS AND ACQUISITIONS 39. RUNWAY PROTECTION ZONE SECTION V - DESIGN 40. ENGINEER'S DESIGN REPORT 41. GEOMETRIC DESIGN CRITERIA 42. PLANS, SPECIFICATION AND ESTIMATES SECTION VI - CONSTRUCTION 43. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS 44. CONSTRUCTION PROGRESS AND INSPECTION REPORTS 45. WAGE LAWS 46. COMPETITIVE SELECTION OF CONTRACTOR 47. REVIEW OF BIDS AND CONTRACT AWARD 48. NOTICE TO PROCEED 49. DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION 50. LABOR STANDARDS INTERVIEWS 51. AIR AND WATER QUALITY STANDARDS 52. FILING NOTICE OF LANDING AREA PROPOSAL 53. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION 54. CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS 55. RESPONSIBILITY FOR PROJECT SAFETY 56. RECORD DRAWINGS SECTION VII - GRANT ACCEPTANCE --Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to comply with grant requirements will jeopardize funding eligibility. --Certificate of sponsor's attorney 2- Sponsor: City of Cape Girardeau Project No. 14-077A-1 Airport Name Cape Girardeau Regional CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE BLOCK GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). Reference will also be made to the Federal Aviation Administration (hereinafter, "FAA") and the Federal Airport Improvement Program (hereinafter, "AIP"). WITNESSETH: WHEREAS, Section 116 of the federal Airport and Airway Safety and Capacity Expansion Act of 1987 amended the previous Act of 1982 by adding new section 534 entitled "State Block Grant Pilot Program", (Title 49 United States Code Section 47128); and WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State Block Grant Program to be permanent, and WHEREAS, the Commission has been selected by the FAA to administer state block grant federal funds under said program; and WHEREAS, the Sponsor has applied to the Commission for a sub grant under said program; and WHEREAS, the Commission has agreed to award funds to the Sponsor with the understanding that such funds will be used for a project pursuant to this Agreement for the purposes generally described as follows: Restripe airfield pavements; 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 November 30, 2014. The Commission's chief engineer may, for good cause as shown by the Sponsor in writing, extend the project time period. (3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor shall provide satisfactory evidence of title to all existing airport property and avigation easements and address any and all encumbrances. Satisfactory evidence will consist 3- � d of the Sponsor's execution of a Certificate of Title form provided by the Commission. (4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed One Hundred Ten Thousand Five Hundred Fifty-Five ($110,555) for eligible preliminary project costs and/or land/easement acquisition. A grant amendment to cover the balance of eligible project costs will be provided after construction bids are received. (A) The amount of this grant stated above represents ninety percent (90%) of eligible project costs. (B) The designation of this grant does not create a lump sum quantity contract, but rather only represents the amount of funding available for qualifying expenses. In no event will the Commission provide the Sponsor funding for improvements or work that are not actually perFormed. The release of all funding under this Agreement is subject to review and approval of all project expenses to ensure that they are qualifying expenses under this program. (5) AMOUNT OF MATCHING FUNDS: The initial amount of local matching funds to be furnished by the Sponsor is not to exceed Twelve Thousand Two Hundred Eighty-Four ($12,284). (A) The amount of matching funds stated above represents ten percent (10%) of eligible project costs. (B) The Sponsor warrants to the Commission that it has sufficient cash on deposit to provide the local matching funds identified above, as well as to cover one hundred percent (100%) of any ineligible items included in the scope of work. (6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs that are ineligible as defined in the Airport and Airway Improvement Act of 1982 (as amended) and in Title 49, Code of Federal Regulations (hereinafter, "CFR"), Part 18. (7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor. (8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant Agreement has been executed by the Sponsor on or before September 15, 2014 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 (hereinafter, "USDOT") shall practice. Final determination of the United States' share will be based upon the audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the federal share of costs. (10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps, -4- r 7 including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in violation of federal antitrust statutes, or misused in any other manner for any project upon which federal funds have been expended. For the purpose of this grant Agreement, the term "federal funds" means funds used or disbursed by the Sponsor that were originally paid pursuant to this or any other federal grant Agreement. The Sponsor shall return the recovered federal share, including funds recovered by settlement, in order or judgment, to the Commission. It shall furnish to the Commission, upon request, all documents and records pertaining to the determination of the amount of the federal share or to any settlement, litigation, negotiation, or other effort taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such federal share shall be approved in advance by the Commission. (11) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request incremental payments during the course of the project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by paragraph 11(B) of this Agreement. (A) The Sponsor may request payment at any time subsequent to the execution of this Agreement by both parties. Requests for reimbursement shall be supported with invoices. After the Sponsor pays incurred costs, copies of checks used to pay providers must be submitted to the Commission. (B) It is understood and agreed by and between the parties that the Commission shall make no payment which could cause the aggregate of all payments under this Agreement to exceed ninety percent (90%) of the maximum federal (block grant) obligation stated in this Agreement or eighty-six percent (86%) of actual total eligible project cost, whichever is lower, until the Sponsor has met and/or performed all requirements of this grant Agreement to the satisfaction of the Commission. The final ten percent (10%) of the maximum federal (block grant) obligation stated in this Agreement shall not be paid to the Sponsor until the Commission has received and approved all final closeout documentation for the project. (C) Within ninety (90) days of final inspection of the project funded under this grant, the Sponsor shall provide to the Commission a final payment request and all financial, performance and other reports as required by the conditions of this grant, with the exception of the final audit report. This report shall be provided when the Sponsor's normal annual audit is completed. (D) When force account or donations are used, the costs for land, engineering, administration, in-kind labor, equipment and materials, etc., may be submitted in letter form with a breakdown of the number of hours and the hourly charges for labor and equipment. Quantities of materials used and unit costs must also be included. All force account activity, donations, etc., must be pre-approved by the Commission to ensure eligibility for funding. (12) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be governed by the administrative and audit requirements as prescribed in Title 49 CFR Parts 18 and 90, respectively. -5 - � ) (A) If the Sponsor expends five hundred thousand dollars ($500,000) or more in a year in federal financial assistance, it is required to have an independent annual audit conducted in accordance with Office of Management and Budget (hereinafter, "OMB") Circular A-133. A copy of the audit report shall be submitted to the Missouri Department of Transportation (hereinafter, "MoDOT") within the earlier of thirty (30) days after receipt of the auditor's report or nine (9) months after the end of the audit period. Subject to the requirements of OMB Circular A-133, if the Sponsor expends less than five hundred thousand dollars ($500,000) in a year, the Sponsor may be exempt from auditing requirements for that year, but records must be available for review or audit by applicable state and federal authorities. (B) When the Sponsor's normal annual audit is completed, the Sponsor shall provide to the Commission a copy of an audit report that includes the disposition of all federal funds involved in this project. (C) In the event a final audit has not been performed prior to the closing of the grant, the Commission retains the right to recover any appropriate amount of funding after fully considering interest accrued or recommendations on disallowed costs identified during the final audit. (D) The Commission reserves the right to conduct its own audit of the Sponsor's records to confirm compliance with grant requirements and to ensure that all costs and fees are appropriate and acceptable. (13) APPENDIX: An appendix to this Agreement is attached. The appendix consists of standards, forms and guidelines that the Sponsor shall use to accomplish the requirements of this Agreement. The appendix items are hereby provided to the Sponsor and incorporated into and made part of this Agreement. (14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA standard airport Sponsor assurances, current FAA advisory circulars (hereinafter, "ACs") for AIP projects and/or the Commission's specifications, including but not limited to those as outlined in attached Exhibit 1. These assurances, ACs and the Commission's specifications are hereby incorporated into and made part of this Agreement. The Sponsor shall review the assurances, ACs, Commission's specifications and FAA Order 5190.6B entitled "FAA Airport Compliance Manual" dated September 30, 2009, included in the grant appendix, and notify the Commission of any areas of non-compliance within its existing facility and/or operations. All non- compliance situations must be addressed and a plan to remedy areas of non- compliance must be established before final acceptance of this project and before final payment is made to the Sponsor. (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. -6 - ° i (A) Long term commitments (longer than 5 years) must provide for renegotiation of the leases'/agreements' terms and payments at least every five (5) years. (B) Leases/agreements shall not contain provisions that adversely affect the Sponsor's possession and control of the airport or interfere with the Sponsor's ability to comply with the obligations and covenants set forth in this grant Agreement. (16) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Sponsor agrees as follows: (A) Civil Rights Statutes: The Sponsor shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e, et seq.), as well as any applicable titles of the Americans with Disabilities Act. In addition, if the Sponsor is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Administrative Rules: The Sponsor shall comply with the administrative rules of the USDOT relative to nondiscrimination in federally-assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Sponsor shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Sponsor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Sponsor. These apply to all solicitations either by competitive bidding or negotiation made by the Sponsor for work to be performed under a subcontract, including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Sponsor of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The Sponsor shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Commission or the USDOT to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. -7- (F) Sanctions for Noncompliance: In the event the Sponsor fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the Sponsor complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The Sponsor shall include the provisions of Paragraph (16) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the USDOT. The Sponsor will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the Sponsor becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. (17) CANCELLATION: The Commission may cancel this Agreement at any time the Sponsor breaches the contractual obligations by providing the Sponsor with written notice of cancellation. Should the Commission exercise its right to cancel the Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Sponsor. (A) Upon written notice to the Sponsor, the Commission reserves the right to suspend or terminate all or part of the grant when the Sponsor is, or has been, in violation of the terms of this Agreement. Any lack of progress that significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. Once such determination is made, the Commission shall so notify the Sponsor in writing. Termination of any part of the grant will not invalidate obligations properly incurred by the Sponsor prior to the date of termination. (B) The Commission shall have the right to suspend funding of the project at any time and for so long as the Sponsor fails to substantially comply with all the material terms and conditions of this Agreement. If the Commission determines that substantial noncompliance cannot be cured within thirty (30) days, then the Commission may terminate the funding for the project. If the Sponsor fails to perform its obligations in substantial accordance with the Agreement (except if the project has been terminated for the convenience of the parties) and the FAA requires the Commission to repay grant funds that have already been expended by the Sponsor, then the Sponsor shall repay the Commission such federal funds. -8 - � � (18) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (19) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Sponsor shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Sponsor at the direction of the Commission shall remain the property of the Sponsor. However, Sponsor shall provide to the Commission a copy of magnetic discs that contain computer aided design and drafting (CADD) drawings and other documents generated under this grant. Information supplied by the Commission shall remain the properiy of the Commission. The Sponsor shall also supply to the Commission hard copies of any working documents such as reports, plans, specifications, etc., as requested by the Commission. (21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. (22) NONSOLICITATION: The Sponsor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (23) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (24) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Sponsor shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Sponsor's wrongful or negligent performance of its obligations under this Agreement. (B) The Sponsor will require any contractor procured by the Sponsor to work under this Agreement: (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an -9 - t ) authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless from any and all claims for liens of labor, services or materials furnished to the Sponsor in connection with the performance of its obligations under this Agreement. Certification statements from construction contractors must be provided to ensure all workers, material suppliers, etc., have been paid. (26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the Commission of any changes in conditions or law which may significantly affect its ability to perform the project in accordance with the provisions of this Agreement. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal, facsimile or electronic mail (email) delivery, addressed as follows: Commission: Amy Ludwig Administrator of Aviation Missouri Department of Transportation P.O. Box 270 Jefferson City, MO 65102 (573) 526-7912 (573) 526-4709 FAX email: Amy.Ludwig@modot.mo.gov Sponsor. Bruce Loy City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702 (573) 335-6230 (573) 334-0499 FAX Email: bloy@cityofcapegirardeau.org or to such other place as the parties may designate in accordance with this Agreement. - 10 - , , To be valid, facsimile or email delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of the facsimile or email transmission of the document. (27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for the useful life of any facilities/equipment installed with grant funds as stipulated in attached Exhibit 1, but in any event not to exceed finrenty (20) years. There shall be no limit on the duration of the assurance, referenced in paragraph B of said Exhibit 1 against exclusive rights or terms, conditions and assurances, referenced in paragraph B-1 of said Exhibit 1, with respect to real property acquired with federal funds. Paragraph (27) equally applies to a private sponsor. However, in the case of a private sponsor, the useful life for improvements shall not be less than ten (10) years. (A) The financial assistance provided hereunder constitutes a grant to the Sponsor. Neither the Commission nor the FAA will have title to the improvements covered by this grant, as title to same shall vest in the Sponsor. (B) For the period as specified in this Paragraph, the Sponsor becomes obligated, upon any sale or disposition of the airport or discontinuation of operation of the airport to immediately repay, in full, the grant proceeds or proportionate amount thereof based upon the number of years remaining in the original obligation to the Commission. The Commission and the Sponsor hereby agree that during said period, the property and improvements which constitute the subject airport are subject to sale, if necessary, for the recovery of the federal pro rata share of improvement costs should this Agreement be terminated by a breach of contract on the part of the Sponsor or should the aforementioned obligations not be met. (C) In this Section, the term "any sale or disposition of the airport" shall mean any sale or disposition of the airport: (i) for a use inconsistent with the purpose for which the Commission's share was originally granted pursuant to this Agreement; or (ii) for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption Agreement with the Sponsor with respect to the Sponsor's obligation under the instrument so that the transferee becomes obligated there under as if the transferee had been the original owner thereof. (28) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Sponsor and the Commission. (29) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts for professional services are to be procured by competitive proposals per federal procurement requirements (Title 49 CFR, Section 18.36). Requests for proposals/qualifications are to be publicly announced for services expected to cost more than one hundred thousand dollars ($100,000) in the aggregate. Small purchase procedures (telephone solicitations or direct mail) may be used for services costing one hundred thousand dollars ($100,000) or less. All professional services contracts are subject to review and acceptance by the Commission prior to execution by the Sponsor to ensure funding eligibility. - 11 - , � (30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel this Agreement or affirm this Agreement and hold the Sponsor responsible for damages. (32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (33) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The Sponsor shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is subject to the award terms within 2 CFR Part 170. (34) SPECIAL CONDITIONS: The following special conditions are hereby made part of this Agreement: (A) Lobbyinq and Influencing Federal Emplovees: All contracts awarded by the Sponsor shall include the requirement for the recipient to execute the form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS" included in the grant appendix. This requirement affects grants or portions of a grant exceeding one hundred thousand dollars ($100,000). (B) Buy America Requirements: Unless otherwise approved by the Commission and the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any iron, steel or manufactured products produced outside of the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. (C) Safetv Inspection: The Sponsor shall eliminate all deficiencies identified in its most recent annual safety inspection report (FAA Airport Master Record Form 5010-1). If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies and shall include this plan with phased development as outlined in a current and approved airport layout plan. (D) 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. - 12 - ' , The Sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under Federal Aviation Regulation Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any Sponsor-acquired equipment, except for instrument landing systems. (E) Environmental Due Diligence Audit: The Sponsor shall conduct an Environmental Due Diligence Audit (EDDA) of all NAVAID (electronic navigational equipment) sites that will be established or relocated with federal (block grant) funds. This audit shall include existing equipment currently owned and operated by the FAA Airways Facilities Branch and new equipment for which the Sponsor will be requesting FAA maintenance. (F) Notice to Bidders - Required Languaqe: The Sponsor shall include the following special provision when advertising for bids: "Notice to all potential bidders on federally funded airport construction projects: As mandated by Executive Order 12818, issued by President George Bush on October 23, 1992, a Job Special Provision will be inserted into and made a part of every contract for federally funded airport construction projects, awarded from this or future notices of lettings." (G) Airport Job Special Provision - Required Language: The Sponsor shall include the following special provisions in contracts for federally funded airport construction projects. "By entering into this contract, the Contractor agrees to comply with all applicable terms of Executive Order 12818, issued by President George Bush on October 23, 1992, prohibiting certain contractual requirements, and prohibiting discrimination against certain persons or entities on the basis of whether or not labor organization Agreements or affiliations exist. The Contractor further agrees to include within its contracts and subcontracts governing this work, a provision that requires those contractors or subcontractors to comply with Executive Order 12818 (except as may be exempted by the terms of the executive order itselfl. The contractor understands, and agrees to inform its own contractors and subcontractors, that failure to comply with Executive Order 12818 will subject them to disciplinary action as appropriate, including, but not limited to, debarment, suspension, termination of the contract for default, or the withholding of payments. The Contractor also understands that the Sponsor has not adopted any policies or contractual provisions which violate Executive Order 12818." (H) Grant Made on Preliminarv Plans and Specifications and/or Estimates: This grant is made and accepted upon the basis of preliminary plans, specifications and/or estimates. Within 90 calendar days from the date of acceptance of this grant, the Sponsor shall furnish final plans and specifications to the Commission. Construction work shall not commence, and a contract shall not be awarded for the accomplishment of such work, until the final plans and specifications have been accepted by the Commission. Any reference made in this grant to plans and specifications shall be considered a reference to the final plans and specifications as - 13- a � accepted. Since this grant is made on preliminary plans and specifications and/or estimates, the grant amount is subject to revision (increase or decrease) after actual project costs are determined through negotiations, appraisals and/or bids. The Sponsor agrees that said revision will be at the sole discretion of the Commission. (I) Sponsor's Disadvantaged Business Enterprise (DBE) Program: When the grant amount exceeds finro hundred fifty thousand dollars ($250,000), the Sponsor hereby adopts the Commission's Disadvantaged Business Enterprise (hereinafter, "DBE") program that is incorporated into this grant agreement by reference. Only DBE firms certified by the Commission will qualify when considering DBE goal accomplishments. (J) Disadvantaqed Business Enterprise Required Statements: (1) Policy: It is the policy of the USDOT that DBEs, as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. (2) Contract Assurance: The Commission and the Sponsor will ensure that the following clause is placed in every USDOT-assisted contract and subcontract: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out the applicable requirements of Title 49 Code of Federal Regulations, Part 26 in the award and administration of any United States Department of Transportation-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." (This assurance shall be included in each subcontract the prime contractor signs with a subcontractor.) (3) Federal Financial Assistance Agreement Assurance: The Commission and the Sponsor agree to and incorporate the following assurance into their day-to-day operations and into the administration of all USDOT-assisted contracts; where "recipient" means MoDOT and/or any MoDOT grantee receiving USDOT assistance: "MoDOT and the Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation-assisted contract or in the administration of the United States Department of Transportation's DBE Program or the requirements of Title 49 Code of Federal Regulations, Part - 14 - w ) 26. The recipient shall take all necessary and reasonable steps under Title 49 Code of Federal Regulations, Part 26 to ensure nondiscrimination in the award and administration of United States Department of Transportation-assisted contracts. The recipient's DBE Program, as required by Title 49 Code of Federal Regulations, Part 26 and as approved by the United States Department of Transportation, is incorporated by reference into this agreement. Implementation of this program is a legal obligation and for failure to carry out its approved program, the United States Department of Transportation may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under Title 18 United States Code, Section 1001 and/or the Program Fraud Civil Remedies Act of 1986 (Title 31 United States Code, Section 3801 et seq.)." The Commission and the Sponsor shall ensure that all recipients of USDOT-assisted contracts, funds, or grants incorporate, agree to and comply with the assurance statement. (4) Prompt Pavment: The Commission and the Sponsor shall require all contractors to pay all subcontractors and suppliers for satisfactory performance of services in compliance with section 34.057 RSMo, Missouri's prompt payment statute. Pursuant to section 34.057 RSMo, the Commission and the Sponsor also require the prompt return of all retainage held on all subcontractors after the subcontractors' work is satisfactorily completed, as determined by the Sponsor and the Commission. All contractors and subcontractors must retain records of all payments made or received for three (3) years from the date of final payment, and these records must be available for inspection upon request by any authorized representative of the Commission, the Sponsor or the USDOT. The Commission and the Sponsor will maintain records of actual payments to DBE firms for work committed �o at the time of the contract award. The Commission and the Sponsor will perform audits of contract payments to DBE firms. The audits will review payments to subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation and that payment was made in compliance with section 34.057 RSMo. (5) MoDOT DBE Program Requlations: The Sponsor, contractor and each subcontractor are bound by MoDOT's DBE Program regulations, located at Title 7 Code of State Regulations, Division 10, Chapter 8. (K) DISADVANTAGED BUSINESS ENTERPRISES - PROFESSIONAL SERVICES: DBEs that provide professional services, such as architectural, engineering, surveying, real estate appraisals, accounting, legal, etc., will be afforded full and affirmative opportunity to submit qualification statements/proposals and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for selection for this project. The DBE goals for professional services will - 15- , , be determined by the Commission at the time each proposed service contract is submitted for the Commission's approval. (35) AIRPORT LAYOUT PLAN: All improvements must be consistent with a current and approved Airport Layout Plan (hereinafter, "ALP"). The Sponsor shall update and keep the ALP drawings and corresponding narrative report current with regard to the FAA Standards and physical or operational changes at the airport. (A) ALP approval shall be governed by FAA Order 5100.38B, entitled "Airport Improvement Program Handbook." (36) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a part of the ALP, a drawing which indicates how various tracts/parcels of land within the airport's boundaries were acquired (i.e., federal funds, surplus property, local funds only, etc.). Easement interests in areas outside the fee property line shall also be included. A screened reproducible of the Airport Layout Drawing may be used as the base for the property map. (37) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate the potential environmental impact of this project per FAA Order 5050.4B, entitled "National Environmental Policy Act Implementing Instructions for Airport Actions." Evaluation must include coordination with all resource agencies that have jurisdiction over areas of potential environmental impact and a recommended finding such as categorical exclusion, no significant impact, level of impact and proposed mitigation, etc. (38) EXHIBIT "A" PROPERTY MAP: The Sponsor shall develop (or update) an Exhibit "A" Property Map, which clearly shows by appropriate legal description all airport land owned by the Sponsor, including land and interests in land in the runway approach areas, plus any areas or tracts/parcels of land proposed to be acquired in connection with this project. In addition, the map must indicate by appropriate symbols or other markings the property interest (fee title, avigation easement, etc.) the Sponsor holds in each tract/parcel of airport land and the property interest to be acquired in each tracUparcel of land in connection with this project. (39) RUNWAY PROTECTION ZONE: The Sponsor agrees to prevent the erection or creation of any obstruction, residence, structure or place of public assembly in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the approved ALP, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the Commission and the FAA. Any existing obstructions, structures, facilities or uses, including use of equipment that could interfere with electronic guidance or communication systems for aircraft, within the Runway Protection Zone shall be cleared or discontinued unless approved by the Commission and the FAA. The Sponsor shall also take any and all steps necessary by fee ownership or avigation easement to ensure that the land within the designated Runway Protection Zone will not include anything that violates FAA standards, is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums, golf courses or any other uses restricted by FAA standards. - 16 - . t i (40) ENGINEER'S DESIGN REPORT: Prior to development of the plans and specifications, the Sponsor shall provide an engineer's report setting forth the general analysis and explanation of reasons for design choices. Said report shall include an itemized cost estimate, design computations, reasons for selections and modifications, comparison of alternatives, life cycle cost analysis, geotechnical report and any other elements that support the engineer's final plans and specifications. (41) GEOMETRIC DESIGN CRITERIA: The Sponsor shall use the geometric design criteria promulgated by the FAA in the AC series and in FAA Orders. The Sponsor may request and receive approval for adaptation of said criteria where the FAA and the Commission concur that such adaptation is appropriate considering safety, economy and efficiency of operation. (42) PLANS, SPECIFICATIONS AND ESTIMATES: The plans and construction specifications for this project shall be those promulgated by the FAA in the AC series and in FAA Orders. (A) The plans shall include a safety plan sheet to identify work areas, haul routes, staging areas, restricted areas, construction phasing, shutdown schedule etc., and to specify the requirements to ensure safety during construction. (B) The Sponsor shall submit all plans, specifications and estimates to the Commission for review and acceptance prior to advertising for bids for construction. (43) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a construction observation/inspection program setting forth a format for accomplishment of resident observation, construction inspection and overall quality assurance. (44) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The Sponsor shall provide and maintain adequate, competent and qualified engineering supervision and construction inspection at the project site during all stages of the work to ensure that the completed work conforms with the project plans and specifications. Project oversight by the Commission's project manager or other personnel does not relieve the Sponsor of this responsibility. (A) The Sponsor shall require the resident project representative to keep daily construction records and shall submit to the Commission a weekly construction progress and inspection report on the FAA Form 5370-1 ("Construction Project and Inspection Report"), completed by the resident project representative. A weekly summary of tests completed shall be included. (B) Prior to final acceptance, the Sponsor shall provide to the Commission a testing summary report bearing the engineer's seal and including a certification from the engineer that the completed project is in compliance with the plans and specifications. (45) WAGE LAWS: The Sponsor and its contractors and subcontractors shall - 17- � 1 pay the prevailing hourly rate of wages for each craft or type of worker required to execute this project work as determined by the Department of Labor and Industrial Relations of Missouri, and they shall further comply in every respect with the minimum wage laws of Missouri and the United States. Federal wage rates under the Davis- Bacon or other federal acts apply to and govern this Agreement also for such work which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement is subject to the "Contract Work Hours and Safety Standards AcY', as amended (40 U.S.C. Sections 327, et seq.), and its implementing regulations. The Sponsor shall take the acts which may be required to fully inform itself of the terms of, and to comply with, state and federal laws. (46) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to be accomplished by contract is to be competitively bid in accordance with federal procurement requirements, located at 49 CFR Part 18. Bid notices should be published in a qualified (local or area) newspaper or other advertisement publication located in the same county as the airport project as a minimum. (47) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall review all contractors' bids and approve the selection of the apparent successful bidder prior to the Sponsor awarding the construction contract. (48) NOTICE TO PROCEED: After the Commission receives copies of the executed construction contract befinreen the Sponsor and the contractor, the performance and payment bonds and any other documentation as required by this Agreement, the Commission will authorize the Sponsor to issue a notice to proceed with construction. (A) Notice to proceed shall not be issued until the Sponsor has provided satisfactory evidence of acceptable title to the land on which construction is to be performed. Ownership status of existing airport property as well as any land or easements acquired under this project must be included in a Certificate of Title tied to a current Exhibit "A" property map. (B) The Sponsor shall issue a notice to the contractor within ten (10) days of authorization by the Commission, unless otherwise approved by the Commission. (C) Any construction work performed prior to the Sponsor's issuance of a Notice to Proceed shall not be eligible for funding participation. (49) DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION: The Sponsor shall notify prospective bidders that DBEs will be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex or national origin in consideration for an award. (A) The goal for this project to be awarded to DBE firms shall be established by the Commission based on the engineer's construction cost estimate included in the design report. The goal will be a percentage of the federal portion of the contract costs less the amount expended for land, easements, the Sponsor's in-house - 18- T � administration, force account work and any noncontractual costs. Failure to meet the DBE goal can render a bid proposal nonresponsible at the Commission's discretion. (B) The Sponsor shall conduct field reviews and interviews with workers to ensure that the portion of the work identified in the construction contract to be performed by DBE firms is so perFormed. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (50) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic random interviews with the workers to assure that they are receiving the established prevailing wages. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (51) AIR AND WATER QUALITY STANDARDS: Approval of the project is conditioned on the Sponsor's compliance with the applicable air and water quality standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation or termination of federal assistance under this Agreement. (52) FILING NOTICE OF LANDING AREA PROPOSAL: When a project involving changes to the runway will be implemented at an airport, the Sponsor must submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the FAA not less than one hundred finrenty (120) days prior to commencement of any construction or alteration. A copy of the form as filed with the FAA and the FAA airspace determination letter must be provided to the Commission. This form must be submitted for any projects that involve the widening, lengthening or reconstruction of an existing runway or construction of a new runway. When the funded project is strictly a master plan/site selection, this form will be submitted for the final three proposed sites prior to development of the ALP. (53) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: When a development project that does not involve changes to the runway will be implemented at an airport, the Sponsor must submit FAA Form 7460-1 ("Notice of Proposed Construction of Alteration") to the FAA not less than one hundred twenty (120) days prior to commencement of any construction or alteration. A copy of the form as filed with the FAA and the FAA airspace determination letter must be provided to the Commission. This form must be submitted for construction of any permanent structures on the airport, temporary structures over 20 feet in height or use of construction equipment over 20 feet tall. It is not necessary for routine construction projects, unless they include above ground installations. (54) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change orders/supplemental agreements must be submitted to the Commission for approval prior to implementation to ensure funding eligibility. Requests for additional work for items not included in the original bid must be accompanied by a cost analysis to substantiate the proposed costs. (55) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the installation of any signs, markers or - 19 - '' r other devices required for the safety of the public. All markers or devices required shall conform with all applicable FAA regulations or specifications. (A) The Sponsor shall ensure that a safety plan is included in the contract documents and that the Contractor complies with the safety plan during construction. (B) It is also the responsibility of the Sponsor to issue, through the applicable FAA Flight Service Station, any and all Notices to Airmen that may be required. Copies of notices shall also be sent to the Commission as soon as they are filed with the FAA. (56) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line or black line as-built construction plans and two (2) sets of the updated ALP with a narrative report to the Commission upon project completion. The Commission will forward one (1) set of the updated ALP to the FAA central region office. (Remainder of Page Intentionally Left Blank] -20- � J IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed b the Sponsor this �day of , 20 I� Y C'�_. Executed by the Commission this - day of , ' �J'Y1 I�.r� 20�. MISSOURI HIGHWAYS AND TRANSPORT TION COMMISSION CITY OF P GIRARDEAU By Title Assistant Chief Engineer Title c�t Ma Att t� Attest: By 1,��. Secretary to the Commission Title City Clerk Approv as t orm: Ordinance No. 4613 C sel (if applicable) � , G�'4$ �I� 04 �G , _ �w<...,;.`i� � 1 = J'rr'e�.:F�►�•yf 1� � "�,� , 4 ��.,, e: ,.. „�,.,., ,� , ,, _ � � ��` .^'{ �•r�� 4•/1 J/iy,� � � - � � ..`.=`' ' ; . ^. / /.`�' � '.' '. : / i 1'� ''' ~ i �'�.� x� d � -'if i <l `¢�...� . �� r . � _ \ .,y�` . .i! - / ' a � ' :.� 'a � '. �,�� ' i'� _ .. ` ` '., '... . • ..' tI �,,� ��� S �: --�.�..,�.__,.. .�. ��Re. 'L.� ti>'�� „_q�`�,.;,�i�_. .. - _. ,,�.,,,;�,,•.,�.. —21 — � J CERTIFICATE OF SPONSOR'S ATTORNEY I, W. Eric Cunninqham, acting as attorney for the Sponsor, do hereby certify that in my opinion, the Sponsor is empowered to enter into the foregoing grant Agreement under the laws of the State of Missouri. Further, I have examined the foregoing grant Agreement, and the actions taken by said Sponsor and Sponsor's official representative have been duly authorized and the execution thereof is in all respects due and proper and in accordance with the laws of the said state and the Airport and Airway Improvement Act of 1982, as amended. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. SPONSOR: City of Cape Girardeau W. Eric Cunningham Name of Sponsor's Attorney (typed) Signature of Sponsor's Attorney Date -22 - I J APPENDIX STATE BLOCK GRANT AGIt�EMENT Purpose The purpose of this appendix is to provide the sponsors with sufficient information to carry out the terms of the state block grant agreeinent and implement their project. The key items are listed below a�id are available on the MoDOT website {http://www.modot.mo.gov/},the FAA website(http://www.faa.�ov/index.cfin},the State Block Grant Program Guidance Handbook or other website as indicated. ♦ i Aviation - Grant Programs, Documentation, Guidance State Blocic Grant Progrnm(I'ederal Funds) • MoDOT Guidance Handboolt o About the Handbook(26 kG, 1 page) o Index(57 lcb,3 pages) o Section 1 -Grant Application and Project Selection(35 kb,5 pages) o Section 2-Project Environmenta]Requirements(27 kb,3 pages} o Section 3-Airport Planning Projects(29 kb,4 pages) o Section 4-Land Acquisition(19 kb,3 pages) o Section 5-Procurement of Engineering Services(35 kb, 4 pages) o Sectton b-Project Development(77 kb, 11 pages) o Federal-Required Aocumentation Checklist{AdverEising)(38 kb, 1 page) o Federal-Required Documentation Checklist(Construction Projects){38 kb, J page) • FAA Airport Sponsor Gu1de State Aviatlon Trust Ta�ad P��ogram(State Funds) • State Aviation Trust Fund Program Procedures(51 kb,5 pages) • State Required Documentation Checklist(44 kb, 1 page) Sponsor CIP Submittnl • Sponsor's Guide on Submitting CIP(980 lcb, I1 pages) • MoDOT AirportIQ System Manager(ASM)Website r'tnancial Torms • Grant Funding Application(424 kb,22 pages) • Air Service Development Application • State Transportation Assistance Revolving(STAR}Loan Application • Outtay Report�nd Request for Rei�nburseinent(Federa195%)(Form 271}(106/rb,J perge) • Requcst for Payment(State 90%)(100 kb,1 page) Consultant Procurement Federally Firnded ProjecFs • Qunlifications Based Selection(QBS)Public Owner's Workboo[c(219 kb,26 pages) • Architectural,Engineering,and Planning Consultant Services For Aitport Grant Projects, PAA Advisory CircularAC 150/S10a-14 • Sample Advertisement Consultant Selection(32 kb,2 pages) • Aviation Project Consultant Agreement(2S6 kb,43 pages) -Exhibit IV-Derivation of Consultant Projeef Costs{53kb,1 page} -Exhibit V-Engineering Basic and Special Services-Cost Breakdown 67 kb, 1 page) • Aviation Project Consaltant Supplemental Agreement No. 1 {91 kb,5 pages) -Exhibit IV-Derivation of Consultant Proj�t Costs(Construction)(S6 kb, 1 page) -Exhibit V-Engineering ConsEruction Services-Cost Brcakdown(65 kb, 1 page) • Sarnple Lettcr of Recornmendation of Approval for Projeet Consultant Agreement(22 kb, 1 page) • Sponsor Certification for Selection of Consultsnts(form)(38 kb,2 pages} State Funded Projects • Qualifications Based Selection(QBS)Public Ownea's Workbook(219 kb,2bpages) • Missouri Revised Statutes Scctions 8.285-8.291 (23 kb,2 pages} 1 � � , • Sample Advertisement Consultant Selection{32 kb,2 pages) • State Aviation Tnist Fund Project Consultant Agreement(189 kb,35 pages) -Exhibit IV-Derivation of Consultant Project Costs(S3 kb, 1 page) -Exhibit V-Engineering Basic and Specia]Services-Cost Breakdown(67 kb, 1 pc�ge) � Sample Lettec of Recommendation of Approval for Project Consultant Agreement(22 kb, 1 page) • Certification of Compliance{form)(33 kb, 1 page) Airports Resoarces • Obstructions Evaluation Submission(electronic 7460-1) � • Notice of Proposed Landing 7480-1 (form) • FAA Series 150 Advisory Circtilars for Airports • FAA Airport's GIS Website • Aeronautical GiS Survey Scope of Woe•k • Request far new or amended Instrament Approach Procedures • Airport Layoat Plan(ALP)and Narrative Checklist(277 kb, 10 pages) • VGSI Data F'orm and Request for Flight Inspection(55 kfi,1 page) Land Acqulsition • Lfuid Acquisition Guidance • MoDOT Approved Appraiser I.ist • Sponsor Certification for Certificate of Title(fonn)(85 kb, 12 pnges) • Sponsor Certification of Environmental Site Assessment(fortn)(43 kb,2 pages) • Sponsor Certification for Real Property Acquisition(form)(481cb, 3 pages) • � Exhibit A Property Map Guidance Environmental • Envitanmental Guidance • Sample Letter for Environmental Clearance(21 kb,1 page) • Categorical Exclusion Checklist(35S kb,8 pages) Compllance • Compliance Guidance • Sfandard DOT Title VI Assurances(43 kb,4 pages) • Sponsor Certification for Drug-Free Workplace(42 kb,2 p�rges) � Sponsor Questionnaire-Airport Compliance Status(130 kb,16pages) • FAA/MoDOT Lease Rec�uirexnents,Rocommenciations,and Guid�nce(95 kb,S pages) Utility Adjustments • Utility Agreement(71 kb,36 pages) Engineering,Design,and Construction • Sponsor Certificetions F'or I�ederal[y Tunded Projects o Sponsor Certificatian for Projects Plans end Specifications(46 kb,2 pages) o Sponsor Certifieation for EquipmendConstruction Contracts(46 kb,3 pages) o Sponsor Certification for Construction Project Final Acceptance(46 kl,3 pages) o Sponsor Certification for Equipment Final Acceptance(38 kb,2 pages) 2 � T • Constructio�a Project Items Fecleral Projects o Weekly DBE Coinpliance Review Report(38 kb,2 perges) Federa!&State Projects o Sample I,etter of Recoininendation to Award for Conshuction Contracts(22 kb,1 page) o Weekly Consh•uction Progress And Inspection Report(35 kb, 1 page) o Weekly Wage Rate Interview Report(3.2 kb,1 page) o Change Order and Supplemental Agreement Instructions(68 kb,3 perges) o Change Order and Supplemental Agreement Fonn(Auto)(28 k6,1 pnge) • Project Closeout Items Federct!Profects o Sample Certification Letter fiom Prime Contractor Regarding DBB's(24 kb, 1 page) o DBE Documeniation—Final Construction Report Federa!&State Projects o Final TesEing Report(Checklist)(70 kb, 3 pages) o Electrica]Syste�ns Testing Repoit(36 kb,I page) o Precision Approach Path IndicAtor(PAP�Inspection Report(47 kb, 1 page} o Contractor's Certificution Regarding Settlement of Claims(37 kb,12 pages} • MaDOT Constructian Specitications Federctl Projecls o Federal-Preparation of Project Plans and Specifications(788 kb,11 Spages) o Federal-Construction Observation Program(293kb,22 pages) o Federal-Preparation of Equipment Specifieations(240 kb,42 pages) o MO-�lO1P Ptant Mix Bituminous Pavements(99 kb, 16pages) State Projects o State-Preparation of Project Plans and Specifications(58S kb,84 pages) o State-Conshvetion Observation Program(266 kb, 18 pages) , o MO-40I S Plant Mix Bituminous PavEmcnts(87 kb, 14 pages) I'edera!&State Projects o Constn�ction Observallon Program(Non-Paving)(91 kb,10 pages) o Construction Observation Program-Requireci Tests and Certifications(75 kb, 17 pages) o Construction Plans Checklist(13S kb,S pages) o Safety Plan Checklist(37 kb, 1 page) o MO-100 Mobilization(28 kb, 1 pnge) o MO-152 Excavation and Embankment(71 kb, lI pages) o M�-155 Fly Ash Treated Subgrade(45 kb, 5 pages) o MO-!56 Erosion and Sediment Control{SO kb, 6 perges) o MO-161 Woven Wire Fence with Steel Posts(37kh,3 pages) o MO-162 Chain-Link Fences(39 kb, 3 pages) o MO-209 Crushcd Aggregate Base Course(3S kb,4 pctges) o MO-50(1)oint and Crack Resealing-Concrete Pavement(36 kb,3 pages} o P-501 Portland Cement Concrete Pavements is now reyuired for Aviation Projects in Missouri. Find the form on the linked FAA page.(effective Mcry 2013} o MO-GOl Surface Preparation(38 kb, 4 pages) o MO-602 Bituminous Prime Coat(29 kb,2 pctges) o MO-603 Bituminous Tack Coat(29 kb,2 pages) o MO-610 Structural Portland Cement Concrete(45 kb,S pages) o MO-620 Runway and Taxiway Painting(43 kb, 4 pages) o MO-622 Crack and Joint Sealing-Bituminous Pavement(31 kb,3 pages) o MO-623 Pavement Friction Sealcoat Surface Treatment(481rb, S pages) 3 i � o MO-701 Pipe for Sto�7n Drains and Culverts(38 kb, 4 pages) o MO-70G Prefabricateci Underdrains(59 kb,S pages) o MO-901 Seeding(71 kb, 7 pages) o MO-905 Topsoiling(25 kb,2 pages) , o MO-908 Mulching{27 kb,2 pages) • MoDOT�lectrical Speci�caftons(Federal&StateProjects) o MO-141 Airport Rotating Beacons(39 lcb,S pages) o MO-103 Aiiport Beacon Towers(36 kb, 4 pages) o MO-107 Airport 8-Foot and 12-Foot Wind Cones(36 kb,4 pages) o MO-108 Underground Power Cable for Airports(402 kb, 12 pages) o MO-109 AirportPrefabricated Housing and Equipment(373 kb, 7pages) o MO-110 Airport Underground Blectrical Duct Banks and Conduits(56 kb,8 pages) o MO-12o Airport Precision Approach Path Indicator(PAPn System(41 kb,5 pages) o MO-I25 Airport Lighting Systems and Guidance Signs(SI kb,S pages) 4 + r Airports Central Region--AIP Guide Index This guide has been prepared to assist Central Re�ion airport owners and their consultants in obtaii�ii�g and adtninisteri�ig an Airport lmproveinent Program (A1P} �;rant. This guidance is inteiided to provide a convenient resource for idexatzfying the requirements associated with the AIP and as established within relevant Federal regul�tions azld statutes. Users are aclvised that this guidance is not in.te�lded to establisl� nor create requireinents for pat-�icipation iu the AIP. Requiremcnts for ATP paxticipation are establislied within United States Code,Public Law,rederal Regulations and officiai FAA policy. Web site address http://www.faa.gov/airpoi�ts/central/aip/sponsor �uide/ S00 -Airport Planning 100 -Airport Impxovement Program(AIP} 510-National Plan of Integrated Airport 5ystems 110-Overview (NPIAS} 120-Checklists for Typical AIP Funded Projects 515 -Master Plans 130 -Sponsor Eligibility 524-Airport Layout Plans 140 -Project Eligibility 530-Environmental Review 150 -AIP OUligations S40 -Airport Site Izzvestigations 160 -FAA Standards 550-Runway Protection Zones 170-Non-Primary Entitlement Funds 560-Airport Property Interests S70-Apron Design 200-Civil Rights 580-Planning Resources 210-DBE Overview 220-DBE Program Submittal Infornlation 600-Project rormulatioaa 230-DBE Goals 610-Requesting Aid:ACIP 240-Good Faith Efforts G20-BenefidCost Analysis 250-DBE Contraet Provisions 630-FAA Reimbursable Agreements 26Q-DBE Reporting Requirements 270-Identifying DBE Fraud 700-Grant Implementation 710 -Project Initiatzon 300-Procurement of Professional Services 720 -Project Applicafion 310 -Procurement Requirements and Standards for 730 -Sponsor Assurances A/E Sezvices 740 -Drug Free Workplace Requirements 320-Roles and Responsibilities 750 -Title VI Assurance 330 - Selection Guide 760-Executing the Grant Offer 340-Contract Establishment 350-Acquiring a Surveyor for AGIS 800- Sponsor Certification 400-Procurement 90d-Project Design Development Projects 410-Procurement Standards- §18.36{b) 914-Predesign Conference 42Q-Competition- §18.36(c) 920 -Engineer's Design Report 430-Procurement Methods- §18.36(d) 930-Plans and Specifications 444-Small&Minority I'irms&Womens Business 94Q-Regional Approved Modifications to Enterprises- §18.36(e) AC 150/5370-10 450-Cost and Price Analysis- §18.36{� 9S0 -Sponsor Modi�cations of FAA Standards 460-FAA Review of Procurement Documents - 960 -Operational Safety on�lirport During §18.36{g) Construction 470-Bond Requiren�ents- §18.36(h) 480-Federal Provisions-§18.36(i) 1000-Construction Phase 490-Buy American Preferences-Title 49 USC 501 1010-Biddin� 1020-Contract Award � . 1030-Construction Observation Program 1430 - Construction Force Account 1040-Preconstruction Conference 1050 -Notice-to-Proceed 1500- Grant Payments 1060-Labor Provisions 1510-DELPHI elnvoicing System 1070-Izzspections 1520-Making the Grant Drawdown 1080 -Contract Madifications 1530-Tnvoice Sum�na�ry 1 S40-Financial Reports 1100-Runway Commissioning 1550-Payment History 1110-Airports Geogrlphic Information Systems 1560-Improper Payments (AGIS} 1120 -Revising Airport Aeronautical Infosxnation I600-Grant Closeout 1130-Runway Commissioning Data 1610 -Development Project Closeout 1140-Commissioning of Non-Federal VGSI 1620-Equipment Project Closeout 1630-Grant Amendment 1200-Equuipment Projects 1640-Planning Grax�t Closeout 1210-Federal Provisions 1220- Sample Bid Documents 1700-Post Grant Obligations 1710-Record Keeping 1300-Airport Land Acquisition 1720-Audit Requirements 1310-Environmental Site Assessment 1730-Financial Reports 1320 - Satisfactory Evidence of Good Title 1740-Compliance 1750-Pavement Maintenance 1400-Sponsor Force Accounts 17b0-Release of Airport Property 1410-Farce Account Overview 1420-Force Account Engineexing Services Far further information, please contact: FAA ACE-60901 Locust Kansas City,Mo 64106-2325 (816)329-2600 Updated: July 18, 2014 . , ��,4 Av�,�r ,�W° � 'z FAA * * Airp�rts �'o �o= ��NJSTRP'( ASSURANCES Airport Sponsors A. General. 1. These assurances shall be coinplied with in the performance of grant agreements for airport development, airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required fio be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII,as amended. As used herein,the term "public agency sponsor" means a public agency witli control of a public-use airport;the term "private sponsor"means a private owner of a public-use airport; and the terrn "sponsor" includes both public agency sponsors and private sponsors. � � 3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and become part of this grAnt agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Pubtic Agency Sgonsor. The ter:ms, conditions and assurances of this grant agreement shall rernain in full force and effect throughout the useful life of the facilities developed or eyuip�nent acquired for an airport develop�rient or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise cornpatibility program project,but in any event not to exceed twenty(20) years fro�n the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terins,conditions, and assurances with respect to real property acyuired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assuranees. 2. Airport Develapmeut or Noise Compatibility Projects UndertAken by a Private Sponsor. T'he preceding paragraph 1 also applies to a private sponsor except that the useful life of project ite�ns instailed within a facility or t11e tiseful life of the facilities developed or equipment acc�uired under an airport development or noise compatibility program project shall be no [ess than ten(10)years fi•om the date of acceptance of Federal aid for the project. . Airport Sponsor Assurances 3/2014 Page]of20 f � 3. Air�ort Planning Unde��taken by a Sponsor. Unless otherwise specified in this grant agreernent, only Assurances 1,2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terins, conditions,and assurances of this grant agreement shall rernain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal Iaws,regulations,executive orders, policies, guidelines, and requirements as they relate to the application,acceptance and use of Federal funds for this proj ect including but not limited to the following: Federal Legis[ation a. Title 49, U.S.C.,subtitle VII, as amended. b. Davis-Bacon Act-4�U.S.C. 276(a),et sea•� c. Federal Fair Labor Standards Act- 29 U.S.C. 201, et sea• d. Hatch Act—5 U.S.C. 1501, et seQ•Z e. Uni£orm Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601, et sea•�Z f. National Historic Preservation Act of 1966 - Section 146- 16 U.S.C.470(�.� g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.t h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001, et seQ. i. Clean Air Act,P.L. 90-148, as amended. j. Coastal Zone Management Act,P.L. 93-205,as amended. k. Flood Disaster Protection Acfi of 1973 -Section 102(a)-42 U.S.C. 4012a.1 l. Title 49,U.S.C., Section 303, (fori�nerly known as Section 4(�) m. Rehabilitation Act of 1973 -29 U.S.C. 794. n. Title VI of the Civii Righls Act of 1964 {42 U.S.C. § 2004d et seq., 78 stat.252) (prohibits discrimination on the basis of race,color, natianal origin); o. Americans with Disabilities Act of 1990, as ame�ided, (42 U.S.C. § I2101 et sey.),prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1.975 -42 U.S.C. 6101,et sea• q. American Indian Religious Freedoin Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C.4151, et sea•� s. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act-40 U.S.C. 327,et seq•1 u. Copeland Anti-kickback Act- 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 -42 U.S.C.4321, et sea•' w. WiId and Scenic Rivers Act,P,L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea•2 y. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through 7�6. Airport Sponsor Assurances 3/2014 Pagc 2 of 20 � . Y z. The Federal Funding Accountability and Transpaxency Act of 2006, as amended (Pub. L. 109-282, as a�nended by section 6202 of Pub.L. 110-252). Executive Orders a. Executive Order 11246 -Equal Employment Opportunity� b. Executive Order 11990 -Protection of Wetlands c, Executive Order 11998 —Flood Plain Management d. Executive Order 123'12 -Tntergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction� f. Executive Order 12898 -Environmental Justice Federal Regulations a. 2 CFR Part 180- OMB Guidelines to Agencies on Governmentwide Debarrnent •aad Suspension(Nonprocurement). b. 2 CFR Part 200,Uniform Adxninistrative Rec�uirements, Cost Prineiples, and Audit Reguirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Coutracts with State and Local Governments,and OMB Circular A-133 -Audits of States,Local Governments, and Non-Profit Organizations]4,s,6 c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment d. 14 CFR Part 13 -Investigative and Enforcement Praceduresl4 CrR Part lb - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 -Airport noise compatibility planning. f. 28 CFR Part 35-Discrimination on the Basis of Disability in State and Local Governnnent Services. g. 28 CFR § 54.3 -U.S.Departtnent of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 19b4. h. 29 CFR Part I -Procedures for predetermination of wage rates.l i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from fhe United States.� j. 29 CFR Parl 5 -Labor standards provisions applicable to contracts covering federalIy financed and assisted construction (alsa labor standards provisions applicable to non-constt�.iction contracts subject to the Contract Work Hours and Safety Standards Act).� k. 41 CFR Part 60 -Office of Federal Contract Campliance Programs,Equal Employment Opportunity, Department of Labor{Federal and federally assisted contraeting requirements).� l. 49 CFR Part 18 -Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 GFR Part 20-New restrictions on tobbying. n. 49 CFR Part 21 ---Nondiscrimination in federally-assisted programs of the Deparhnent of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 Cr'R Part 23 -Participation by Disadvantage Business Enterprise in Airport Concessions. Airport Sponsor Assurances 3/2014 Page 3 of 20 f ) • p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and I'ederally Assisteci Programs.12 q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Depa.rtment of Transportation Programs. r. 49 CrR Part 27—Nondiscrimination on the Basis of Handicap in Pro�rams and Activities Receiving or Bene�ting from Federal Financial Assistance. s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30- Deniai of public worlcs contracts to suppliers of goods and services of countries that deny procurement market access to U.S, contractors. u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and fedeially assisted or regulated new building construction. Specific Assurances Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. Footnotes to Assurance C.1. � These laws do not apply to airport planning sponsors. Z These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 240 contain rec�uiremenis for State and Local Governtnents receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation and circular shal( also be applicabie to private sponsors receiving Federal assistance under TitIe 49, United States Code. 4 �n December 26,2013 at 78 FR 78590,the Office of Management and Budget (OMB) issued the Unifoi�m AdministrAtive Requireinents, Cost Principles, and Audit Requirements for Federal Awards in 2 CrR Par�20Q. 2 CFR Part 200 replaces and combines the farmer Uniforrn Administrative Requirements for Grants(OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or • Circular) as well as t;he Cost Principles(Circulars A-21 or 2 CFR part 220; Circular A-$7 or 2 CFR pairt 225;and A-122,2 CFR part 234}. Additionally it replaces Circular A-133 guidance on the Sing[e Annual Audit. In accordance with 2 CFR section 200.1 I0, the standards set forth in Part 200 which affect administralion of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becornes final. Federal a�encies, including the Department of Transportation,mast implement the poiicies and procedures applicable to Federal awards by promulgatin�a regulation to be effective by Decernber 2G, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Asuirances 3/201A Pagc 4 of 20 • \ 4 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses, 6 Audit requirements established in 2 CFR pai�t 200 subpart F are the guidelines for audits. 2, Responsibility and Autharity of the Sponsor. � a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project;that a resoIution, motion or similar action has been duly adopted or passed as att official act of the applicant's governin�body authorizing the f ling of t11e . application, including all undersfandings and assurances contained therein, and directing and authorizing the person identified as the of�cial representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legaI authority to apply for this grant and to finance and carry out the proposed prQj ect and comply with all terms, conditions,and assurances of this grant agreement. It shall designate an official representative and sha11 in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and ia providc such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States.It has sufficient funds available to assure operation and maintenance of items funded under this grant agreetnent which it will own or control. 4. Good Title. a. It,a public agency or the Federal government,holds good title, satisfactory to the Secretary,ta the landing area of ihe airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acc�uired. b, ror noise compatibiIity program projects to be carried out on the properly of the sponsor, it holds goad title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expanded or will give assurance to the ' Secretary that good title wilI be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms,conditions,and assurances in this grant agreemealt without fhe written approval of the Secretary, and wiIl act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with s�ich performance by the sponsor. This shalt be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2Q14 Page 5 of 20 C J • U. It will not sell, lease, encumber,or otherwise transfer or dispose of any part a£its title or other interests in the property shown an Exhibit A to this application or, for a noise compatibility program project,that portion of the property upon which Federal fiinds have been expended,for the duration of the terms, conditions, and assura.nces in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title�49,United States Code, to assume the obiigations of this grant agreement and to have tl�e power, authority, and financial resources to carry out all such obligations,the sponsor shall inse�t in the contract or document transferring or disposing of the sponsor's interest, and�nake binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit o£locaI gflvernanent other than the sponsor, it will entec into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shali obligate that government to the same terms, conditions, and assurances that would be applicable to if if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary, It will take steps to enforce this agreement against the local government if there is substantial non-compliance with t11e terms of tl�e agreement. - d. For noise compatibility program projects io be carried out on privatety owned property, it will enter into an agraement wifih the owner of that property which includes provisions specified by the Secretary.It will take steps to enforce ihis agreement against the property owner whenever there is substantial non- cornpliance with the terms of the agreernent. e. If the sponsor is a private sponsor, it wi(L take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of fihe airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport witl be operated and maintained in accordance Title 49,United States Code,the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arran�ement aIso reyuires compliance therewith. g. Sponsors of commercial secvice airports will not perinit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence,or zoned for residential use,to taxi an aircraft between that property and any location on airpo�t. Sponsors of general aviation airports entering into any arrangement that results in pennission for the owner of residential real properry adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurAnces. Airport Sponsor Assurances 3/2014 Page 6 of 20 .. 1 7 6. Consistency with Local Plans. The project is reasonably consistent with plans (existi��g at the time of submission of this applicatian)o£public agencies that are aulllorized by the State in which the project is located to plan for tlae deveiopment of the area surrounding the airport. 7. Consederation of Local Interest. It has given fair cansideration to the interest of communities in or near where the project may be located. 8. ConsuItation with Users. In making a decision to undertalce any airport development project under Title 49, United States Code, it has undertaken reasonable consuli:ations with affected parties using tl�e airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airpoi-t, an airport runway,or a major runway exiension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social,and environmentaI effects of the airport or runway lacation and its consistency with goals and objectives of such pla.nning as has been carried out by the cornmunity and it sha(I, when requested by the Secretary, submit a copy of the transcript o£such hearings to the Secretary.Further, for such projects, it lias on its managernent board either voting representation from the coinmunities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organizatian. In projects invoiving the location of an airport,an airport runway, or a major runway extension at a medium or targe hub airport, the sponsor has made available to and has provided upon request to the anetropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy af any airport inaster plan in which the project is described or depicted. 11. Y�vement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacemant or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-manage�nent program and it assures that it will use such program for the useful Iife of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. I2.Terminal Development Prerequisites. For projects which include terminal development at a puUIic use airporl,as defined in Title 49, it has, on the date of submittal of the project grant application,all the safety ec�uipment required for certification of such airport undet•section 44746 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Airpoit Sponsor Assurances 3i20]4 Pagc 7 of 20 i l has provided for access to the passenger enplaning and deplaning area of such airport to passen�ers enplaning and deplaning fro�� aircraft other than air carrier aircraft, 13. Accouuting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the a�nount or nature of that portion of the cost of the project supplied by other sources, and sucl� other�nancial records pertinent to the project. The accotants and records shall be kept ia accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Connptroller General of the United States, or any of their duly authorized representatives,for the purpose of audit and examination, any boolcs, documents,papers,and records of the recipient that are pertinent to this grant.The Secretary may require that an appropriate audit be conducted by a recipient. ln any case in which an independent audit is made of the aecounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certi�ed copy of such audit with the Comptroller General of the United States not later than six (G)months following the close of the fiscal year for which the audit was nnade. 14.Minimum Wage Rates. tt shall include, in all contracts in excess of$2,000 for work on any projects funded under this grant agreement which involve labor,provisions establishing minimum rates of wa�es, to be predeiermined by ihe 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 minimunn rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor(except in executive, administrative, and supervisory positions), preference shall be given to Vietnatn era veterans,Persian Gulf veterans, Afghanistan-Iraq war veterans,disabled veterans, aad smail business concerns owned � and controlled by disabled veterans as defined in Section 47112 of Titie 49, Unitec€ States Code. }iowever,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 ta plans, specifications, and schedules approved by the 5ecretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement,and, upon approval of the Secretary, shall be incoiporated into this grant agreement. Any modification to the approved plans, Airport Sponsor Assurances 3/2014 Page 8 of 20 � �l y specifcations, and schedules shall also be subject to approval o£the Secretary, and incorporated into this granl-agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project, It shalt subject the eonstruction work on any projecl:contained in an approved project application to inspection and approval by the Secretary and such work shall be in accorda�ice with regulations and procedures prescribed by the Secretary. Such ragulations and procedures shalI require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deein necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a natice that the material was prepared under a grant provided by the United States. d. It will make such material avaitable for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. lt 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 etnpIoyment of specific consultants and iheir subcontractors to do al( or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right fio disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees tliat the Secretary's approval of this project grant or ille Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Seeretary to approve any pending or future application for a Federal airport grant. 19. Uperation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the cninimum standards as may be required or prescribed by applicable Federal, Ai�port Sponsa Assurances 3/2014 Page 9 of 2Q t �y � � state and local ageaacies for maintenance and operation.It will not cause or perinit any activity or action therean which would interfere with its use for airport purposes. It will suitably operate and maintain the airpoi�t and all facilities thereon or connected tllerewith, witll due regard to climatic and flood conditions.Any pcoposal to temporarily close the airport for non-aeronautical purposes tnust first be approved by the Secretary, In furtherance of this assurance,the sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and laghting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly noti£ying airmen of any condition affecting aeronautical use of tlie airpart.Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair,restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumsiance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upan which�ederal funds have been expended. 20.Hazard Removal and Mitigation. It wili take appropriate action to assure that such terminat airspace as is required to protect instrument and visual operations to the airport(including estabIished minimum flight altihides}wilt be adequately cleared and protected by removing, lowering, relocating,marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compntible Land Use. It will take appropriate action,to the extent reasonable, including tl�e adoption o£ 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 operafiions, including landing and takeoff of aircraft. in addition,if the project is for noise compatibility program innplementation, it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport, of the noise � compatibility program ineasures upon which rederal fuhds have been expended. 22.Econo�nic 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, firtn, or corparation to conduct or Aitport Sponsor Assi�rances 3/2014 Page]0 of 2U � � . to engage in any aeronautical activity for fiirnisl�iaig services to the public at the airport, the sponsor will insert and enforce provisions requiring tlte contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory,basis to all users thereof,and 2) cllarge reasonable, and not unjustly discriminatory,prices for each unit or service,provided lhat the contractor may be allowed to inalce reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each f xed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators nnaking the same or sinnilar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall liave the right to service itsel:f or to use any fixed-based oparator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant,non-tenant,or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,regulations,conditions, rates, fees,rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which malce similar use of such airport and utilize siiniIar facilities, subject to reasonable classifications such as tenants or non-tena.nts and sigi�atory carriers a��►d non- signatory carriers. Classif cation or status as tenant or signatory shall not be unreasonably witliheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any riglit or privilege which operates to prevent any person,f rm, or corporation operating aircraft on the airport from performing any services on its owa aircraft with its own employees [including, but not Iimited to rnaintenance, repair, and fueling] that it may choose to perform. g. In tlie event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved wilt be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor und.er these provisions. h. The sponsor may establish such reasonable, and not unjustiy discriminatory, conditions to be met by alI users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical usc of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. Airport Sponsor Assurances 3120[4 Pagc 11 of 20 Z L � 23. Exclusive Rights. It will perinit 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,tlie providing of tl�e services at an airport by a single f.ixed-based operator shall a�ot be construed as an exclusive right if both of the following apply: a. I�would be unreasonably costly,burdensome,or impractical for�nore than one fixed-based operator to provide such services, and b. If allowing more Lhan one�xed-based operatot ta provide such services would require tlae reduction of space leased pursuant to an existing agreement between such singIe fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any persor�, finn,or corporation, the exclusive right at the airport to conduct any aeronautical activities, including,but not timited to charter flights,pilot training, aircraft rental and sightseeing,aerial photography,crop dusting, aerial advertising and surveying,air carrier operations, aircraft sales and services, sale of aviation petroleum praducts whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft, sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Titte 49, United States Code. 24.Fee and Rental Structure. It wiil mainta.in a fee and rental siructure for the facilities and services at the airport which will make the airport as self-sustaining as passible under the circumstances existing at the particular airporl,talting into account such factors as the volume of traffic and economy of collection.No part of the Federal share of an airport development,airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airpot�t and Airway Itnprovement Act . of 1982,the Federal Airport Act or the Airport and Airway Development Act o#'1970 shall be incIuded in the rate basis in establishing fees,rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capitat or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and whicn are directly and substantially related to the actual air iransportation of passengers or property; or for noise mitigation purposes on or off ihe airport. The following exceptions apply to this paragraph: 1} If covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, l 982, in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or Airport Sponsor Ass�irar�es 3/2014 Page 12 of 20 ► t , operator's facilities, including the airporl, to support not only the airport but also the airporC owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airporl(and, in the case of a public airport,local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owa�ed airport to a public sponsor and provides funding £or any poriion of the public sponsor's acquisition of land,this limitation on the use of aIl revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretacy by the private owner of an amount equal to the remaining unamortized portion(amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acc�uisition on or after October 1, 1996,plus an amount equal to the federal share of the current fair market value of ai�y land acquired with an airport improvement grant made to that airport on or after October 1, 199G. 3} Certain revenue derived from or generated by mineral extraction,production, lease, or other means at a general aviation airport(as defined at Section 47102 of title 49 United States Code), if the FAA defiermines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a),and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and any ather applicable provision of law, including any regulation promulgated by ihe Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 5ection 47107 of TitIe 49, United Sta#es Code. 2b. Reports and Inspections. It will: a. submit to the Secretary such annual or special firzancial and operations reports as the Secretary may reasonably request and make such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements,regulations and oiher instruments, available for inspection by any duly authorized agent of the Secretary upon reasonab(e request; c, for noise compatibility program projects, make records and documents relating to . the project and continued compliance with the terms,conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments,availab[e for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airpat Sponsor Assurances 3/201 A Page 13 of 20 � � . d. in a format and time prescribed by the Secretary, provide to the Secretary and malce available to tlZe public following each of its fiscal years, an annual report lisfiing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27.Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all tliose usable for Ianding and takeo£f of aircraft to the United States for use by Government aircraft in common with other aircraft at all times witliout charge,except, if the use by Government aircraft is substantial,charge may be ix�ade for a reasonable share,proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft wilI be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized airccaft, or during any calendar month that— a. Five(5) or more Governnnent aircraft are regularly based at the airport or on land adjacent thereto; or b. The totaf number of movements (counting each landing as a movement)of Governinent airc,raft is 300 or inore, or the gross accumulative weight of Governix�ent aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft}is in excess of fve million pounds. 28.Land for Federal Facilities. It will furnish without cost to the Federal Government for use in conncction with any air traff'ic control ar air navigation a.ctivities,or weather-reporting and communication activities related to air traffic control,any areas of land or water, or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation,and maintenance at FederaI 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 ihe Secretary. 29.Airport Layout Plan. a. It will keep up to date at al(times an airport layout plan of the airport showing 1) boundaries of the airport and all proposed additions thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2) the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways, aprons, terminal buildings,hangars and Airport Sponsor Assurances 3/2d14 Page]4 of 20 � ; � roads), inciuding all pi�oposed extensions at�d reductions of existing airport facilities; 3) the locatio�i of all existing and proposed nonaviation areas and of all existing innprovements thereon; and 4) all proposed and existing access points used to taxi aircraft�cross the airport's property boundary. Such airport layout plans and each amendment,revision, or modification thareof, shaIl be subject to the approval of the Secrefary wi�ich approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not inake or parmit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary, adversely affect the safety,utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility,or efficiency of any federally owned, leased,or funded property on or off the airpozt and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requesteti,by the Secretary{1) eliminate such adverse effect in a manner approved by the Secretary; or(2)bear all costs of relocating such property(or replacement thereo�to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof}to the level of safety,utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replaceinent of an existing airport facility due to a change in tlle Secretary's design standards beyond the control of the airport sponsor. 30. Civi[Rights. It will promptly take any measures necessary to ensure that no persoa in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from parlicipation in,be denied the benefts of,or be otherwise subjected to discrimination in any activity conducted with,or benefiting frorn, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e)of 49 CFR § �l,the sponsor will facilitate all programs, operate all facilities, or conduct alI programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Acti�vities. If the sponsor has received a grant{or other federal assistance)for any of the sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities. 2) racilities. Where it receives a grant or other federal�nancial assistance to construct, expaad,renovate, remodel, alter or acquire a facility,or pai�t of a facility,the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 3/2014 Pagc 15 of 20 « ; � 3) Real Property. Where the sponsor receives a grant or other Federal financia] assistance in the form of, or for the acquisition of real property or a�i interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal fnancial assistance is extended to the program, except wllere the Federal financial assistance is to provide, or is in the form of,personal property, or real property,or interest therein,or structures or improvernents thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or£or another purpose involving the pcovisiort of similar services or bene�ts;or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids,Requests For Proposais for worlc, or materiat under this grant agreement and in alI proposals for agreements, including airport concessions, regardless of funding source: "The(Name of Sponsor), in accordance with the provisions of Title VI of tlte Civil Rights Act of 1964 (78 Sta.t.252,42 U.S.C. §§2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement,disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to subanit bids in response to this invitation and will not be discriminated against on the grounds of race, color,or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring complianee with the acts and regulations relative to non-discrimination in Federally- assisted prograins of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to tha non- discrimination in rederally-assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discriinination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures,use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex,age, or handicap as a Airport Sponsor Assurances 3/2Q l4 Page 16 of 20 . � . covenant rtanning with the land, in any future deeds, leases, Iicense,permits, or similar instruments entered into by the sponsor with other parties: a) Fo�•the subsequent trans£er of real property acquired or improved under the applicahle activity,project, or prograix�; and b} For the construction or use of, or access to, space on, aver, or under real property acquired or improved under the applicable activity,project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest,and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts,the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforceinent with regard to any matter arising under the acts,the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land,when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be,at the discretion of the Secretary, {1)reinvested in another project at the airport,or(2) transferred to another eligihle airport as prescribed by the Secretary. The Secretary shall give preference to the following,in descending order,{1} reinvestment in an approved noise compatibility project, (2)reinvestment in an approved project thal is eligible for grant funding under Section 47117(e) of title 49 United States Code,(3}reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114,47115, or 47117 of title 49 United States Code,(4)transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and(5)paid to the Secretary for deposil: in the Airport and Airway Trust Fund. lf Iand acquired under a grant for noise compatibility purposes is leased at fair market vaIue and consistent with noise buffering purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant fiinding or any permitted use of airport revenue. . b. For land purchased under a grant for airport developmeni purposes (other tihan noise compatibility), it will, when the land is no Ionger needed for airport purposes, dispose of such land at fair market value or make available to ihe Secretary an amount equal to the United States'proportionate share of the fair rnarket value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acyuisition of such land will, (1)upon application ta the Secretary, be reinvested or transferred to ano#her Airport Sponsor Asswances 3/2014 Page 17 of 20 i'. ,�. • eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order; (1) reinvestment in an approved noise compatibility praject, (2)reinvesirnent in an approved project that is eligible for grant funding under Section 47117(e)of title 49 United Sfiates Coda, (3) reinveshnent in an approved airport developanent project that is eligible for grant funding under Sections 47114,47115,or 47117 of title 49 United States Code, (4) iransferred to an eligible sponsor of another public airporl-to be reinvested in an approved noise compatibility project at that airport, and (5)paid to the Secretary for deposit in the Airport and'Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it inay 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 setf-sufficiency of the airport.Further, land purcllased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before Decennber 31, 1987, was notified by the operator or owner of ihe uses of such land,did not object to such use,and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under(a){b) or{c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land wilI only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,plamiing studies,feasibility studies, architectural services, preliminary engineering, design, engineering, surveying,mapping or related services with respect to the project in tlie same manner as a contract for architectural and engineering services is negotiated under Title TX of the Federal Property and Administrative Services Act of 1949 or an equivalent qua[ifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any praject 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. PoIicies, Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including hut not limited to the advisory circulars listed in the Current FAA�ldvisory Circulars for AIP projects,dated (the latest approved version as of this grant o£fer) and included in this grAnt, and in accordance Airport Sponsor Assur�nces 3/261G Page 18 of 20 � � � with applicable state policies, standards, and specifications approved by the Secretary. 35.Relocation aud Real Pro�erty Acquisition. a. It wili be guided in acyuiring real property,to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Sub,part C and fair and reasonable relocation payments and assis#ance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacei�nent dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercily Buses. The airport owner ar operator will permit,to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation ta fitnd special facilities for intercity buses or for other modes of transportation. 37.Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race,color,national origin or sex in the award anci performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and perfarmance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE progcams or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in tlie award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23,and as approved by DOT, are incorporated by reference in this agreement. Implementation of these pragrams is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to ihe sponsor of its failure to carry out its approved program,the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcetnent under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 38Q1). 38.Hangar Construction. If the airpor[owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Ai�port Sponsor Assurunces 3/2014 Pnge 19 of 20 � � G 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accominodate one or more reguests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2} Provicies an explanation as to why the reyuests could not be acc�mmodated; and 3) Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on eitl�er February 1 or August 1 of each year if the airport has been unable to accommodate ihe request(s) in the six month period prior to the applicable due date. Airport Sponsor Ass�iranas 3l2014 Page 20 of 20 % � s CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN A!P FUNDED AND PFC APPROVED PR�JECTS Updated March 20, 2014 View the most current versions of these ACs and any associated changes at http://www.faa.goviairpor�s/resources/advisory_circulars/. NUMBER -. .TI7LE �- —.—.--____..__._.v._�__�_______________^_..__ __.___._____.._______. _i___________._. 70/7460-1 K Obstruc#ian Marking and Lighting� '� ^�J� � ^' � � -�....__.�__------ _ _____ _ _ _ _ _ __ 150/5020-1 Noise Control and Compatibility Planning for AirportsT^ ��^� - - �_..._.________��__�._._ _ _ _ _ _____ _____..__.........._--....__.. ___� ._______._ ___ ____.___.._.__._..._.__---___.___..._____�_..__._._---- 15015070-68 Airport Master Plans Change1 �_.__150/5070-7 The Airport System Planning Progress� �� �� � � �� �.._.____. �---------- �150I510a-13B `Development of State Standards for Non Primary Airports ^ W~y 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 15015100-17 � Land Acquisition and Relocation Assistance for Airport Improvement Program Changes 1-6 Assisted Projects _..�_..___._._,.M._.._----.._—_;____................ .....:�_...__ .�.__.._.._ 15015200-28D Notices to Airmen (NOTAMS)for Airport Operators _.�_._�.�--..____�..____--- 15015200-30C~ Airport Winter Safety and Operations `� � � T�� Change 1 150/5200-31 C Airport Emergency Plan ������ T�..�T�'�.�-_____.___ ..,_._._.__ Change 2 �50/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport �� ~ � _ _ _ r__._.�..,�_._�____._.�__. _ __ __ _ _ 1 � 150/5210-7D �Aircraft Rescue and Fire Fighting CommunicationsTW___._____�._—.�_ 'f50/5210-13C Airport Water Rescue Plans and Equipment��L....,_...____.__._.____�._.__.____.._._��_ 150/5210-14B Airport Rescue Fire Fighting Equipment, Tools and Clothing � � 150/5210-15A Airport Rescue and Firefighting Station Building Design T MrvVy_�'i�. .._____.___�._._.._�_ _ _____ 1 501521 0-1 8A rSystems for Interactive Training of Airport Personnel � ' �� � - ------ I- 15015210-19A Driver's Enhanced Vision System {DEVS) Ground Vehicls Operations on � Airports �._.15015220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF}Vehicles ____.._._______ __�__.__....__.____—__�.__....._...______.____..�__.__..__----..__`�._-------,_____..__________ �150J5220-16D Automated Weather Observing Systems (AWOS)for Non-Federal� � � Applications 1 . < � __ .. __. .._.._ ......... . ..._ . _ ------ ---.___..___..,_______----..... .... _. _ ,... ._._...-----..__.___.,____.. ._.�..._...- --- -___.._._._..� �150/5220-17B � Aircraft Rescue and Fire Fighting (ARFF)Training FaciEitiss �� N _� �150I522�-18A suildings for Storage and Maintenance of Airport Snow and Ice Control �Equipment and Materials r150-522Q-20�-- ___....�.__�._—_----�----------------------------------- ----- �Change 1 A�rport Show and Ice Control Equipment --------_..._._._...___w__.__..__.__.___.__.---.._---____.�._.__.._._-----------------.___.__.__._._____...__.-----.----- 150/5220-21 C Aircraft Boarding Equipment � �f 150/5220-22B ~( Engineered Materials Arresting Systems (EMAS}for Aircraft Overruns � ^T I---- ---- �----150/5220-23 Frangible Connections � � � �����T-��T`_��"___...�_ -----�--------�--_. __ �_.__150/5220-24 Foreign Ob}ect Debris Detection Equipment ^^T�� � � .T_ �_______.___I.____._.. ___ _____ . .. __�___..._,__..._,.__._.__.___._�..__.__.__..__..._.__..___ _.__.____ 150/5220-25 [Airport Avian Radar Systems --i -- -- — — 150/5220-26 Airport Ground VehicEe Automatic Dependent Surveillance—Broadcast(ADS- Change 1 B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by�Airport Improvements or Changes 150/5300-9B� Predesign, Prebid, and Preconstruction Conferences for Airport Grant � Projects �15015300-13 A Airport Design ��� 'y � ���.��J��__ I Change 1 �150/5300-14C �Design of Aircraft Deicing Facilities T��~ �..150/5300-15A Use of Value Engineering for�Engineering Design of Airports Grant Projects � ._..._�..__ V.._.��__ ��150/5300-16A Generaf Guidance and Specifications for Aeronautical Surveys: Establishment � �T of Geodetic Cantrol and Submission to the National Geodetic Survey i 150/5300-17C Standards for Using Remate Sensing Technologies in�Airport Surveys � � - - ��--- 150/5300-18B General Guidance and Specifications for Submission of Aer�nautical Surveys Change 1 to NGS: Field Data Collection and Geographic Information System (GIS) Standards 105/5320-5D Surface Drainage Design ~Y ���� M � � V� 15015320-6E �f Airport Pavement Design and Evaluation ��' ' !^��~ ~ ! ____._--____.._.____._._._ 15015320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surtaces 150/5320-15A Management of Airport Industrial Waste 2 � �Y h . .. . ..__..�.-._.._._._._...._...,._..........._.. _._...._...._._... ....... ..."_'_"".._...._... .__._...._......."'_,_....."""....._..... . _.._.__...._..._�-�_.._...._.,.._.. „___,._. ,150/5320-17 AirField Pavement Surface Evaluafion and Rating {PASER} Manuals � I �-� --.__.-�---�----------------�------__..------_-----: 15015325-4B Runway L.ength Requirements for Airport Design � .__�.__.__.__.____.--_---------------.-------.--____._._._� 15015335-5C � Standardized Method of Reporting Airport Pavement Strength-PCN (Draft approved for use) 150/5340-1 L Standards for Airport Markings ^ �� ~T ~ � - — �_.____ __ _ __ _ _ _ _______ _ _ _ __ �__. .. .---_._.____.__ _. __._._..__.r._.----------._._._._._...._._.---------..__..__.___.---.___. �15a/5340-5D Segmented Circle Airport Marker System _......__...__. _�__�_______._._._ -----._........_...._._...._-------.__._---_..�...__. � __--.- 150/5340-18F � Standards for Airport Sign Systems �__.._..._..__...�..--.___ __.._,.__.__._._ ---------- -__.........._.__._._...__—.T__........_._ ___�---- -I 150/5340-30G Design and Installation Details for Airport Visual Aids i (150/5345-3G �Specification for L-821, Panels for the Control of Airport Lighting � ~� � 150/5345-5B (�Circuit Selector Switch --�"�T�y�._iT�i��! --_ _ _�.__._ ___.____----I ____ 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting�Y4 Circuits � �� ___._.__...._� 150/5345-10G �Specification for Constant Current Regulators and Regulator Monitors �15�/5345-12F Specification for Airport and Heliport Beacons � �u`���� 15�/5345-13B Specification for 1.-841MAuxiliary Relay Cabinet Assembly for Pilot Control of ' , _.�._.._.....__ Airport Lighting Circuits _ _._... �__.......w._._.Y.----.__. ___.__ ...._. � 150/5345-26D rFAA Specification for L-823 P(ug and Receptacle, Cable Connectors 150/5345-27E {�Specification for Wind Cons Assemblies� ��� �^^ .. .____.-! - �_._.150/5345-28G Precision�Approach Path Indicator(PAPI}Systems � "�'__.___�__,._�_.�__ __....�------�- I150/5345-39D �pecification for L-853, Runway and Taxiway Retro reflective Markers � 150/5345-42G� Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories� 150/5345-43G Specification for Obstruction Lighting Equipment ^ �W ���� T_M�. �.__...._---.__________ _ ____ _ _ _ 150J5345--44J Specification for Runway and Taxiway Signs T�V.�_..— .�_ _�._._...__ .r_____._.�� _ _ _ f �54/5345-45C Low-Impact Resistant(L1R) Structures � �~^ � � � f 150/5345-46D�rSpecificatian for Runway and Taxiway Light Fixtures Y ~ 4 ��� �� y � � �y�� S ecification for Series to Series Isolation Transformers for Airport Lighting� � 15015345-47C p � Sys#ems _ .. - 150/5345-49C Specification L-854, Radio Cantrol Equipment _� ____ ------------------ --��-.--___-------------------____.__----------__�__.___ ----�- 150/5345-50B Specification for Portable Runway and Taxiway Lights .. -------____._..._.________.__._._.__�__.._._..______.�-_---__�__.__......____ �. _ _ 150/5345-51 B Specification for Discharge-Type Flasher Equipment -----..__...----.- ------�---------__.._---..__.-----_______._.�__�..�__._---______�__..._ ....._.._.------_...._____, _..._.---______..-------- �-----_---__.___.._.._.�.�__._._-_-----_------.._..__�—____.. ._.._--------�.. ._.�_...� 3 � �' ► . .. .,.....___...._.._.. _. . ._.....__.... ._._..._.._.._. .-.'--•. - .-.__....._.. ..........._._. ....._. . ...._.,.__..'--'__._,.__....... .. ......_.._.....-"•_. _ ..._._.._.. _. _._.._....i (150/5345-52A Generic Visuai Glideslope Indicators (GVGI} ' I -- - I . _ . . _ ._ - -- .. ..._.__I �150/5345-53D Airport Lighting Equipment Certification Program .. _.__ ....._.____._--- �^_____._._._..___. ..._ _....___------------ _ . __.______.__._.. __ _ _- - -� , _ . .. ._.�...._.._....__.._.__....___.___.______.___.--------..._.__..._...-----_...__.___.______.-_-----.--�__.__.... _--.--.___..._..__.. __..... _. f15�/5345-54B Specification for L-884 Power and Contro! Unit for l.and and Hold Short I ^ Lighting Systems � . . _ . _ ��.._.---_....,._.._.�.____.. . _ 95015345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway ! Closure �� � ~ M� Specification for L-890 Airport Lighting Control and Monitoring System � 15015345-56B �ALCMS) i ' _ —.._.___.._�__.__.._.__.__------_ .._.__.__.__...- -------__..__._____------ 150/5360-12F �Airport Signing & Graphics _._._._.. ______._._..___.__.__..._____________. _ .....____.,.__.�_____________._.___.__...�.�.._...__.�..._._._..._..___ 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities Change 1 r_�..150/5360-14 Access to Airports by Individuals with Disabilities �� � '_�---.. F ___.._ �____. `150/5370-2F ��perational Safety on Airports During Construction ��� ^� 15015370-6D ~ �Construction Progress and fnspection Report—Airport Grant Program � 15�I537Q-10F �Standards for Specifying Construction of Airports� ��� ___._.._._. . __—._---. ___..�..__....------_,_.___.__.�___-----_.... 15015370-11B Use of Nondestructive Testing Devices in the EvaEuation of Airpart Pavements �150-5370-12A �Quality Control of Constructian for Airport Grant Projects ��� ` �� - -- -- __._._._._.__ __�_._._._._.._---.___._.._._--- 15015370-13A Off�Peak Construction of Airport Pavements Using Hot-Mix Asphalt [150/5370-156 Airside Applications for Artificial Turf M ���a�� -�.Y f �._.._�...._._._ j150J5370-16 Y�Rapid Construction of Rigid {Portland Cement Concrefe) Airfield Pavements � 15015370-17 # Airside Use of Heated Pavement Systems �y `� 150I�380-6B� �Guidelines and Procedures for Maintenance of Airport Pavements �� ~ r50/5380-7A � Airport Pavement Management Pragram � � � Y (_150/5390-2C Heliport Design ���! � � � � � _..__.____.�_ _ _ __ __ _ ___ �150/5395-1A � Seaplane Bases ""-�."��—__._�_ T_�__.,_.________v�_____ FAA 910 -_Predesign Conference -- �"��.�'"_....___.._._._�_.____._._.._... � .. _ _..____.._._.__._._ _____...v__._.___...._.___.�-- -_.._.._______..__..._._ FAA � 920— Engineer's Design Report � FAA 940— Regional Approved Modifications to AC 150/5370-10�� M ��� �.__._. - ----_._��_.____.___._..__r__ .____._.._--.-------______...._._.-----. FAA 950--Sponsor Modifications of FAA Standards FAA 960--Operational Safety on Airport During Construction T ~ � R �.��—u FAA___ 1040'—Preconstrucfion ConferenceT�4�, T �_.^.`____�—_.__.._._.� _�`��._____._.�_._ 4 � � . * . .. . _ ___..___.... ....._.. ...__ _.__....___�_______... . __..... - -..._. - - - .._._____ ._._ ..._ .. .... .._...... _ . � __.__ .._..._._; FAA � 1 Q60 - Labor Provisions -- -. .. ._ _.. ___...------.___.__�.._._..__._---.__._._-----._.._..._._____.___._._._..____.._---._...--.---.----..__._______....._..__.._....____.....__.. � FAA � 1100— Runway Commissioning _._.�---- ----_._.__�._.._.._.____._.._._____---------------------------____._---_..-----._.___.._._.._____ � FAA I 1310— Environmental Site Assessment _____�_...._. �_..._.._.___-------�----.�_ _�_ --------�.___�---_--_---�-�--___.__�__.__---------------------- �AA I 1750 - Pavement Maintenance �___---FAAT--------i Engineering Briefsy----_..�_�__.._..__----------.___.__-------------------��--_-- --.--.._......_.,.____-----..__..��._.._______.._____,_____.__._._._________.__---._.......... ......___ .._. __.__.___--.---,--. MoDQT � MoDOT DBE Pragram The MoDOT DBE Program is available on the MoDOT website at the follawing address: http:!/www.modot.mo.qovlbusiness/contractor resources/externalcivilriqhts htm. 5 M .i ♦� 2 CCO Form: AC10-A Approved: 05/94 (MLH) Sponsor: City of Cape Girardeau Revised: 12/12 (MWH) Project No.: 14-077A-1 Modified: CFDA Number. CFDA#20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AMENDMENT TO STATE BLOCK GRANT AGREEMENT AMENDMENT#1 THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the parties entered into an Agreement executed by the Sponsor on August 20, 2014, and executed by the Commission on September 2, 2014, (hereinafter, "Original AgreemenY') under which the Commission granted the sum not to exceed One Hundred Ten Thousand Five Hundred Fifty-Five Dollars ($110,555) to the Sponsor to assist with restriping airfield pavements; and WHEREAS, the Commission previously approved funds for restriping airfield pavements; and WHEREAS, the level of funding originally approved is not sufficient to cover the costs associated with restriping aifield pavements. WHEREAS, the Commission has sufficient funds to increase the grant amount for restriping airtield pavements. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) ADDITIONAL GRANT: The Commission grants to the Sponsor an additional sum not to exceed Two Thousand Four Hundred Thirty-Nine Dollars ($2,439) for restriping airFeld pavements subject to the following conditions: (A) The Sponsor shall provide matching funds of not less than Two Hundred Seventy-One Dollars ($271) toward the project in addition to those previously committed by the Sponsor in the Original Agreement. (B) The project will be carried out in accordance with the assurances A . ' �, attached to the Original Agreement. (C) This Amendment shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant amendment has been executed by the Sponsor on or before February 1, 2015, or such subsequent date as may be prescribed in writing by the Commission. (D) Based upon the revised project schedule, the original project time period of November 30, 2014, will be extended to May 30, 2015, to allow for completion of the work. Paragraph (2) of the Original Agreement is hereby amended accordingly. (E) All other terms and conditions of the Original Agreement entered into befinreen the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the Sponsor this�day of � , 20�. Executed by the Commission this 3 _day of , 20�. MISSOURI HIGHWAYS AND TRA P TATION C MISSION CITY OF C E GIRAR AU ��` B _ ��: � ,_ � , .�. ��f� \ ��'�, �'�� � T� le �,Ass,i�tan�Chief Engine Title ' � ``. :; � ��.� .e,�:�:� , �<< a , , �'" ti�y;;....� � � ,,. ��,, �-�- ;� ��` � �' , ° � �'' � j� �� `� By �l `l�- ,� ��� ; , ' . ' � C�'@� f�`'��'CQ1111'�13�5 f �THE DNIA � � /;%� Y � N/ ; � � x r ��.� � �" - , Title ��,�...<-r , � ' X t ,M , � �,r' .' > �,��. � t ,�, r f � ¢ r � , �, \ � �j a� � r � .��,*< s t' �,.� .., 4 f Apprciv`e t ' �' - Approved as to Form: , � i� , ,,,.�'�,`��;v .��,�,, �� � ,� � ���) ��-�,�� � Commi s' C`` Title L ���1 Ordinance No. (if applicable) 2 . . �` CERTIFICATE OF SPONSOR'S ATTORNEY �, W. ERIC CUNNINGHAM , 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. CITY OF CAPE GIRARDEAU W. ERIC CUNNINGHAM Nam of Sponso s Attorney (typed) • ►G �i�i�/ � Sign tur o sor's Attorney Date �' �� I •i%�� /� 3 � � APPENDIX STATE BLOCK GRANT AGItEE1VIENT Purpose The purpose of this appendix is to provide the sponsors with sufficient information to carry out the terms of the state block graxit agreement and implement their project. The key items are Iisted below and are available on the MoDOT website (http:!/www.modot.mo.�ovn, the FAA website(http://www.faa.gov/index.cfm),the State Block Grant Program Guidance Handbook or other website as indicated. . Aviation - Grant Programs, Documentation, Guidance State Bloclt Grant Progrnm(I'ederal F�mds) • MoDOT Guldance Handboolc o About the Handbook(26 kG,1 page) o Index(57 kb,3 pages) o Section 1 -Gcant Application and Project Selection(35 kb,S pages) o Section 2-Project Envimnmental Requit�nents(27 kb,3 pages) o Section 3-Airport Planning Projects(29 kb,4 pages) o Section 4-I.flnd Acquisition(14 kb,3 pages) o Section S-Procutement of Engineexing 5ervices(35 kb,4 pages) o Section 6-Project Development(77 kb, 11 pages) o Federal-Required Docum�tation Checklist{Advertising)(38 kb,1 page) o Federal-Required Documentation Checklist(Construction Projects)(38 kb,l page) • FAA Airport Sponsor Guide State AWatlon Trust Fund Program(State Funds) � State Aviation Trust Fund Program Procedures{SI kb,S pages) • State Required Documentation Checklist(44 kb,l page} Sponaor CIP Submlttal � Sponsor's Guide on Submitting CII'(980 kb, I1 pages) • MoDOT AirportIQ System Manager(ASM)Website T'inancial Forms • Grant Funding Application(424 kb,22 pages) � Air Service Development Application • State Transportation Assistance Revolving(STAR}Loan Application • Outlay Report and Rvquest for Reimbursement(Federa195%)(Form 271)(106 kb,J page) • Requ�,st for Payment(State 90'�O)(100 kb,1 page) Consultant Procurement Federally Funded Projects • Qua[ifications Based Selection(QBS)Public Owner's Workbook(219 kfi,26 pages) � Architectural,Engineering,and Planning Consultant Services For Airport Grant Projects, FAA Advisary Circular AC 150/5100-14 � Sample Advertisement Consultant Selection(32 kh,2 pages) • Aviation Project Consultant Agreement(256 kb,43 pages) -Exhibit N-Derivs►tion of Consultant Project Costs{S3kb,I page} -Exhibit V-Engineering Basic and Special Services-Cost Breakdown 67 kb,1 page) • Aviation I'roject Consultant Supplemental Agreement No. 1 {91 kb,S pages) -Exhibit IV-Derivation of Consultant Project Costs(Conatiuction)(S6 kb, 1 pnge) -Exhibit V-Engineerit�g Construction Services-Cost Bt+c�ilcdown(65 kb, 1 page) • Sample Lettcr of Recommendation of Approval for Project Consultant Agreement(22 kb,1 page) • Sponsor Ce.rtification for SelecNoa of Consultants(form)(38 kb,2 pages) State Funcled Projects � Qualifications Based Selection(QBS)PubGc Owner's Workbook{219 kb,26pages) • Missouri Revised Statutes Soctions 8.285-8.291 (Z3 kb,2 pagesj � 1 • Sample Advertisement CottsuItant Selection(32 kb,2 pages) • State Aviation Trust Fund Project Consultant Agreement{189 kb, 35 pages) -�xhibit IV-Derivation of ConsultantProject Costs(53 Icb, 1 page) -Exhibit V-Bngineering Basic a��d Special Services-Cost Breakdown(671cb, 1 page) • Sample Lettee of Recommendation of Approval for Project Consultant Agreement(22 kb, I page) • Certification of Compliance{form)(33 kb, 1 pc�ge) Airports Resoarces • Obstructions Evaluation Submission(elech•onic 74G0-1) � • Notice of Proposed Landing 7480-1 (form) • FAA Series 15Q Advisory Circulars for Airports • FAA.Airport's GIS Website • Aeranautical GiS Survey Scope of Work • ltequest far new or amended Instr�ament Approach Prceedures • Airport Layont Plan(ALP)and Narrative Checklist(277 kb, 10 pages) • VGSI Data 1'orm and Request for Flight Inspection(SS kb,1 page) Land Acqulsitlon • Land AcquisiHon Guidance � MoDOT Approved Apprais�List • Sponsor Certification for Certificate of Title(form){85 kb,12 pages) • Sponsor Certifieation of Environmental Site Assessment(form}(43 kb,2 pages) • Sponsor Certification for Real Property Acquisition(form)(48 kb,3pages) • ' Exhibit A Property Map Guidance Enviranmental • Bnvironmental Guidance • Sample Letter for Environmental Clearance(21 kb,1 page) • Categorical Exc(usion Checklist(35S kb,8 pages) Compllance • Compliance Guidance • Standard DOT Title VI Assurances(43 kb,4 pages) • Sponsor Certifieation for Drug-Free Workplace(42 kb,2 p�ges) • Sponsor Questionnaire-Airport Compliance Status(130 kb,16 pagesJ • FAA/MoDOT lzase Requirements,Rocommendations,and Guidance(95 kb,S pages) Utility Adjustroents • Utility Agreement(71 kb,36 pages) Engineering,Des[gn,and Constructlon • Sponaor Certificetions For Federally Funded Projects o Sponsor Certification for Projects Plans and Specifications(46 kb,2 pages) o Sponsor Certificfttion for F.quipmendConstrucNon Contracts(46 kb,3 pages) o Sponsor Certification for Construction Project Final Acceptance(46 kb,3 pages) o Sponsor Certifica6on for Equipment Final Acceptanee(38 kb,2 pages) 2 , • Constructio��Project Items Federtcl Projects o Weetdy DBE Co�npliance Review Report(3�4Icb,2 pa,ges) Federc�i c�State Projects o Sample Letter of Recotnmendation to Award for Consttuction Contracts(22 kb,1 page) o Weekly Constructian Progress and Inspection Report(3S kb,I page) o Weekly Wage Rate Interview Report(32 kb,1 page) o Change Order and Supplemental Agreement Instructions(68 kb,3 pages) o Change Order and Supplemental Agteement Form(Auto)(28 kb,1 page) • Project Closeout Ttems Federal P%Jects o Sample Certification Letter from Prime Contractor Regarding ABE's(24 kb,1 page) o DBE Documeniation—Final Construction Report Federal c�State Profects o Final Tesfing Report(Cheddist)(70 kb,3 pages) o El�trical Systems Testing Report(36 kb,1 page) o Precision Approach Path Indicator(PAP�Inspection Repori(47kb, 1 perge} o Contraetor's Certification Regarding Settlement of Claims(37 kb,12 pages) � MoDOT Constructton Speclficatlons Federal P%�ects o Federal-Preparation of Project Plans and Specifications(788 kb,ll S pages) o Federal-Construction Observation Program(293kb,22 pages) , o Federal-Preparation of Equipm�e Specificallons(240 kb,4Z pages) o MO-QO1F Ptant Mix Bituminous Pavements{99 kb, 16pages) State Arojects o Stst�Preparation of Project Plans�nd Spe,cificorions(58S kb,84 pnges) o State-Construction Observation Program(266 kb, 18 pages) . o MO-401 S Plant Mix Bituminaus Pavements(87 kb, 14 pages) Federal&State Profects o Constnaction Observation Program(Non-Paving)(91 kb,10 pages) o Canshuction Observation Program-Required Tests and Certifications(7S kb,17 pages) o Consttuction Plans Checklist{I35 kb,S pagcs) o Safety Plan Checklist(37 kb,1 page) o MO-100 Mobilization(28 rFh, 1�ge) o MO-152 ExcavQtion and Embankment(71 kb,11 pages) o MO-I55 Fiy Ash Treated Subgrade(4S kb, S pages) o MO-156 Erosion and Sediment Control(SO kb, 6 pages) o MO-161 Woven Wire Fence with Steel Posts(37k1,3 puges) o MO-162 Chain-Link Fences(39 kb,3 pages) o MO-209 Crushcd Aggregate Base Course(3S kb,4 pages) o MO-500 Joint and Crack Resealing-Concrete Pav�tnent(36 kb,3 pages} o P-501 Portlend Cement Concrete Pavements is now required for Aviation Projects in Missouri. Find the form on the linked FAA page.(effective May 2013) o MO-b01 Sarface Preparation(38 kb, 4 pages) o MO-602 Bituminous Prime Coat(29 kb,2 pages) o MO-603 Bituminous Tack Coat(29 kb,2 pages) o MO-610 Structural Portland Cement Concr�e(45 kb.S pages) o MO-620 Runway and Taxiway Painting(43 kb,4 pages) o MO-622 Ctack and Joint Sealing-Bituminous Pavement{31 kb,3 pages) o MO-623 Pavernent Friction Sealcont Surface Treatment(48 Irb,S pages) 3 o MO-701 Pipe for Storm Drains and Culverts(38 kb, 4 pages) o MO-706 Prefabricated Underdrains(54 kb, 5 pages) o MO-901 Seeding(71 kb, 7 pages) o MO-905 Topsoiling(25 Irb,2 pages) , o MO-908 Mulching(27 kb,2 pttges) • MoDOT�lectrical Speeificaflons(Federal&StateProjects} o MO-101 Airport Rotating B�cons(39 kb,5 pages) o MO-]03 Airport Beacon Towers(36 kb,4 pages) o MO-107 Airport 8-Foot and 12-Foot Wind Cones(36 kb,4 pages) o MO-108 Underground Power Cabte for Airports(402 kb,12 pages} o MO-109 Airport Prefabricated Housing and Equipmee►t(373 kb, 7pages) o MO-110 Airport Underground Electrical Duct Banks and Conduits(S6 k6,8 perges) o MO-12o Airport Precision Approach Path Indicator(PAPn System(41 kb,S perges) o MO-125 Airport Lighting Systems and Guidance Signs(SI kb,S pages) 4 Airports Central Region—AIP Guide Index This guide has been preplred to assist Central Region airport owners aL�d their consultants in obtaiiling and administering an Airport Improveinent Program (AIP} grant. This guidance is intended to provide a convenient resource for identifying tlie requirements associated with tl�e AII' and as established within relevant Federal regulations and statutes. Users are advised that this guidance is not intended to establish nor create require�nents for participation in the AIP. Requirements for ATP pa�ticipation are established witlun United States Code,Public Law,Federal Regulations and official FAA policy. Web site address http://www.faa.gov/airports/central/aip/sponsor guideJ 500-Airport Planning 100-Airport Improvement Program(AIP) 510-National Plan of Iutegrated Airport Systems 110-Overview (Np�) 120-Checklists for Typical AIP Funded Projects 515 -Master Plans 130 -Sponsor Eligibility 520-Airport Layout Plans 140-Project Eligibility 530-Environmental Review 150-AIP Obligations S40 -Airport Site Investigations 160-FAA Standards 550-Runway Protection Zones 170-Non-Primary Entitlement Funds 560-Airport Property Interests 570-Apron Design 200-Civil Rights 580-Planning Resources 210-DBE Overview 220-DBE Program Submittal Information 600-Project Formulation 230-DBE Goals 610-Requesting Aid:ACIP 240-Good Faith Efforts 620-Benefit/Cost Analysis 2S0-DBE Contract Provisions 630-FAA Reimbursable Agreements 26d-DBE Reporting Requirements 27Q-Identifying DBE Fraud . 700-Grant Implementation 710-Project Initiation 300-Procurement of Professional Services ?20-Project Application 310 -Procurement Requirements and Standards for 730-Sponsor Assurances A/E Scrvices 740-Drug Free Workplace Requirements 320-Roles and Responsibilities 750-Title VI Assurance 330-Selection Guide 760-Executing the Grant Offer 340-Contract Establishment 350-Acquiring a Surveyor for AGIS 800-Sponsor Cerfificution 400-Procurement 900-Project Design Development Projects 410-Procurement Standards- §18.36(b) 91Q-Predesign Conference 420-Competition-§18.36(c) 920-Engineer's Design Report 430-Procurement Methods- §18.36(d) 930-Plans and Specifications 440-Small&Minority Firnis&Womens Business 940-Regional Approved Modifications to Enterprises- §I8.36(c) AC 150/5370-10 450-Cost and Price Aualysis- §18.36(� 950 -Sponsor Modifications of FAA Standards 460-FAA Review of Procurement Dacuments- 960 -Operational Safety on Airport During §18.36(g} Construction 470-Bond Requirements-§18.36(h) 480-Federal Provisions-§18.36(i) 1000-Construction Phase 490-Buy American Preferences-Title 49 USC 501 1010-Bidding 102Q-Contract Award 1030- Construction Observation Program 1430 - Construction Force Accoiuit 1040 -Preconstruction Conference 1050-Notice-to-Proceed 1500- Gr1nt P�yinents 1060 -Labor Provisions 1510 -DELPHI elnv�icing Systezn 1070-Inspections 1520-Making the Grant Drawdown 108Q -Contract Modificatzons 1530-Invoice Swzvnary 1540-Financial Reports 1100-Runway Commissioning 1550-Payment History 1110-Aiiports Geographic Information Systems 1560-Improper Payments (AGIS} 1120-Revising Airport Aeronautical Infornaation 1600-Grant Closeout 1130-Runway Commissioning Data 1610 -Development Project Closeout 1140-Commissioning of Non-Federal VGSI 1620-Equipment Project Closeout 1630-Grant Amendment 1200-Equuipment Projects 1640-Planning Gxant Closeout 12I0-Federal Provisions 1220-Sample Bid Documents 1.700-Post Grant Obligations 17I 0-Record Keeping I300-Airport Land Acquisition 1720-Audit Requirements 1310-Environmentai Site Assessment 1730-Financial Reports 1320-Satisfactory Evidence of Good Title 1740-Compliance 1750-Pavement Maintenance 1400-Sponsor Force Accounts 1760-Release of Airport Property 1410-Force Account Overview 1420-Force Account Engineering Services For further informataon,please contact: FAA ACE-60901 Locust Kansas City,Mo 64106-2325 (81�329-2600 Updated: July 18,2014 ��pL AV�,qr ,�° � 'Z FAA * * Airports �O��N1S RP�`o ASSURANCES Afrport Sponsors A. Geaeral. 1. These assurances shail be complied with in the performance of grant agreements for airport development, airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors zequesting funds under the provisions of Title 49,U.S.C., subtitle VII,as amended. As used herein,the term "public agency sponsor"means a public agency wifh control of a public-use airport;the term"private sponsor"means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. � � 3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Pubtic Agency Sponsor. The terms,conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise cornpatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revanue so long as the airpoi�t is used as an airport. There shall be no limit on the duration of the terms,conditions,and assurances with respect to reaI property acyuired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the usefullife of praject items installed within a facility or the useful life of the facilities developed or equipment acyuired ander an airport development or noise compatibility program project shall be no less than ten(10}years from the date of acceptance of Federa.l aid for the projec� . Airport Sponsar Assurances 320t4 r����aa 3, Air��ort Pla�ining Undertaken by a Sponsor. Unless otherwise specified in this grant agreeinent, only Assurances 1,2, 3, 5, 6, 13, 18, 25,30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions,and assurances of this grant agreement shall remain in full force and effect during the life of the projact; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifes,with respect to this grant that: 1. General Federal Reqvirements. It wi(1 comply with all applicable Federal laws,regulations,executive orders, policies, guidelines, and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the foltowing: Federal Legisiation a. Title 49, U.S.C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C. 276(a},et sea•� c. Federal Fair Labor Standards Act-29 U.S.C, 201, et sea• d. Hatch Act—5 U.S.C. 1541, et_ sea•Z e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.460i, et_ sea•�2 f. National Histaric Preservation Act of 1966 - Section 106- 16 U.S.C.470(�.� g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.� h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et sea• i. Clean Air Act,P.L. 90-148, as amended. j. Coastal Zone Managetnent Act,P.L. 93-205,as amended. k, Flood Disaster Protection Act of 1973 -Section 102(a)-42 U.S.C.4412a.1 l. Title 49, U.S.C,, Section 303, (formerly known as Section 4(�) m. Rehabilitation Act of 1973 -29 U.S.C. 794. n. Title VI of the Civil Rights Act of I964{42 U.S.C. § 20QOd et seq., 78 stat.252) (prohibits discrimination on the basis of race,color,national origin); o. Americans with Disabilities Act of 199Q, as amended, (42 U.S.C. � 12101 et seq.),prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 -42 U.S.C. 6101,et sea• q. American Indian Religious Freedom Act,P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C.4151, et sea•� s. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act-4Q U.S.C. 327,et sea•1 u. Copeland Anti-kickback Act- 18 U.S.C. 874.1 v. National Environmentai Palicy Act of 1969 -42 U.S.C.4321, et sea•1 w. Wild and Scenic Rivers Act,P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea•2 y. Drug-Free Workplace Act of 1988 -41 U.S.C. 702 through '106. Airport Sponsor Assurances 32014 Pngc 2 of 28 z. Tlie Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,as amended by section 6202 of Pub. L. 110-252). Executive Orders a. Executive Order 11246 -Equal Employment Opportunityl b. Executive Order 11990 -Protection of Wetlands c. Executive Order 11998—Flood Plain Management d. Executive Order 12372 -Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federai and Federally Assisted New Building Construction� f. Executive Ocder 12898 -Environmentat Justice Federal Regulations a. 2 CFR Part 180- OMB Guidelines to Agencies on Governmentwide Debarment •aad Suspension(Nonprocurement}. b. 2 CFR Part 200,Uniform Administrative Requicements,Cost Principles,and Audit Reyuirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State aad Local Governments,and OMB Circular A-133 -Audits of Sta.tes,Local Governments, and Non-Profit Organizations]4,s,6 c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment d. 14 CFR Part 13 -Investigative and Enforcement Proceduresl4 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150-Airport noise compatibility planning. f. 28 CFR Part 35-Discriminatian on the Basis of Disabiiity in State and Loca! Government Services. g. 28 CFR § 50.3 -U.S.Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part I -Procedures for predetermination of wage rates.� i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States,t j. 29 CFR Part 5 -Labor standards provisions applicable to contracts covering federaliy financed and assisted construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).� k. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requirernents).� l. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative � agreements to state and loeal governments 3 m. 49 CFR Part 20-New resixictions an lobbying. n. 49 CFR Part 21 --Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 -Participation by Disadvantage Business Entetprise in Airport Concessions. Airport Sponsor Assurances 3/2014 Page 3 of 20 p. �49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federai a�1d I'ederally Assisted Programs.12 q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27—Nondiscriminaiion on the Basis of Handicap in Pro�rams and Activities Receiving or Benefiting from Federal Financial Assistance. s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 34-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Par�32—Governmentwide Requirements for Drug-Free Workplace (�inancial Assis�ance) v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. . Specific Assurances Specific assurances required to be included in grant agreements by any of the above laws,regutations or circulars are incorporated by refecence in this grant agreement. Footnotes to Assurance C.1. � These laws do not appty to airport planning sponsors. 2 These laws do not app(y to private sponsors. 3 49 CFR Part 18 and 2 CF'R Part 240 contain requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon Sta.te and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federai assistance under Title 49,United States Code. 4 On Decernber 26,2013 at 78 FR 78590,the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federa.l Awards in 2 CrR Part 20Q. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants(OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or • Circular)as weli as the Cost Principles(Circulars A-21 or 2 CFR part 22Q; Circular A-87 or 2 CFR part 225;and A-122,2 CFR part 230}, Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110,the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once imp(emented by Federal agencies or when any future amendment to this Part becornes final. Federal agencies, including the Department of Transportation,mast implement the policies and pmcedures applicable to Federal awards by promulgating a regulation to be effective by Decernber 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Aswrancxs 3I2014 Pagc 4 of 20 5 Cost principles esta�lished in 2 CFR pai-t 200 subpart E must be used as gi�idelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. � a. Public Agency Sponsor: It has legal authority to apply for this grant, and to fmance 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 f ling of the . appiication, inciuding all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide sUch additional information as may be required, b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and compiy with all tertns,conditions,and assurances of this grant agreement. It shall designate an officiat representative and shall in writing direct and anthorize that person to file this application, including all understandings and assurances contained therein;to act in connection with this application;and ta provide such additional information as may be required. 3. Sponsor F`and Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States.It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Tit(e. a. It,a public ageacy or the Federal govemment,holds good title, sa.tisfactory to the Secretary,to the landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acyuired. b. For noise compatibility program projects to be carried out on the properly of the sponsor, it holds good title satisfactory to the Secretary to that portion of the properfy upon which Federal funds will be expended or will give assurance to the ' Secretary that good title will be obtained. 5. Preserving Rights and Povvers. a. It will not take or permit ariy action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terrns,conditions,and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shali be done in a manner acceptable to the Secretary. n��r s�a n��,�3naia r�s afza b. It wil! not sel1,lease, encumber, or otherwise transfer or dispose of any part of its title or other interesis in the property shown on Exhibit A to this application or, �'or a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms,conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligibie under Title 49,United Sta.tes Code,to assume the obligations of this grant agreement and to have the power, authority,and fmancial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms,conditions,and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on proper�y owned by a unit of local government other than the sponsor, it will enter into an agreement with that government.Except as otherwise specif ed by the Secretary,that agreement shall obIigate that government to the same terms,conditions,and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project.That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. - d. For noise compatibility program projects to be carried out on pri�atety owned property, it will cnter into an agreement with the owner of that property which includes provisions specified by the Secretary.It will take steps to enforce ihis agreement against the properly owner whenever there is substantial non- cornpliance with the terms of the agreement. e. Tf the sponsor is a private sponsor, it will take s�eps sat:isfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49,United States Code,the regulations and the terms,conditions and assurances in this grant agreement and shall insure that such arrangement aIso reyuires compliance therewith. g. Sponsors of commercial service airports wi11 not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence,or zoned for residential use,to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or nea.r the airport must comply with the requirements of Sec. 136 of Pubiic Law I 12-95 and the sponsor assurances. Airpat Sponsor Assurances 3l2014 Page 6 of 29 6. Consistency with Local Plans. The project is reasonably consisten#with plans(existing at the time of submission of this application}of public agencies that are authorized by the State in which the project is located to plan for the deveiopment of the area surrounding the airport, 7. Consideration of Local Interest. It has given fair cansideration to the interest of communities in or near where the project may be Iocated. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations wittt af�ected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an aicport,an airport runway,or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the t�anscript of such hearings to the Secretary.Further, for such projects,it has on its management board either voting representa.tion from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed pmject. 10. Metropotitan Planning Organizatian. In projects invoiving the location of an airport,an airport runway,or a major runway extension at a medium ar large hub airport,the sponsor has made available to and has provided upon reyuest to the metropolitan planning organization in the area in which the airport is located,if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11.Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective air�rt 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 reparts on pavement condition and pavement management programs as the Secretary determines may be useful. 12.Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49, it has, on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section 4470b of Title 49, United States Code,and aIl the security equipment required by rule or regulation, and arpo►r sponso�nss►vances sno�a ragc�of zo has provided for access to the passenger enplaning and deplaning area of such airport to passengers enpIaning and deplaning fro�n aircraft other than air carrier aircraft. 13.Accounting System,Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant,the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other�nancial records pertinent to the project.The accounts and records shalI be kept in accordance with an accounting system that will facilitate an cffective audit in accordance with ttae Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives,for the purpose of audit and examination, any books, docucnents,papers,and records of the recipient that are pertinent to this grant,The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroiler General of the United Sta.tes not later than six (6)months following the close of the fiscal year for which the audit was made. 14.Minimum Wage Rates. It sha11 include, in all contracts in excess of$2,000 for work on any projects funded under this grant agrcement which involve labar,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 skilied and unskiiled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15.Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor(except in executive,administrative,and supervisory positions), preference shall be given to Vietnarn era veterans,Persian Gulf veterans, Afghanistan-Iraq war veterans,disabled veterans,and smail business concerns owned � and controlled by disabled veterans as defined in Section 47l 12 of TitIe 49,United States Code. However,this preference shall apply only where the individuals are available and qualified to perFarm the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject ta plans, specifications,and schedules approved by the Secretary. Such plans, specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation,construction, or other performance under this grant agreement,and, upon approval of the Secretary, sha11 be incorporated into this grant agreement.Any modification to the approved plans, Airport Sponsor Assuremxs 3/2014 Page S of 20 specifcations, and schedules shall also be subject to approval of the Secretary, and incorporated into this granl agreement. 17, Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedutes approved by the Secretary for the project, It shail subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18, Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in alt published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United Sta.tes. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It wiil give the Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any of the material prepared in connec�ion with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope And cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secreta.ty's appraval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Seeretary to approve any pending or future applica#ion for a Federal airpor�grant. l9.Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition aud in accordance with the minimum standards as may be required or prescribed by applicabte Federal, Airport Sporuor Assurances 3/2014 Page 9 of 26 � state anct local agencies for maintenance and operation. It will not cause or peri�nit any activity or action thereon which wouId interfere with its use for airport purposes. It will suitably operate and maintain tlle airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions.Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of t�iis assurance,the sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restaration,or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20.Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport(including estabIished minimum flight altitudes)will be adequately cleared and protected by removing, lowering, relocating,marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the eartent 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 af aircraft. in addition,if the project is for noise compatibility program implementation, it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22.Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement,contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person,firm,or corporation to conduct or Airpart Sponsor Assirtances 3/2Q l4 PAge 10 of 26 to engage in any aeronautical activity for fiirnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring tl�e 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 ihat the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-hased operator at the airport shall be subject to the same rates, fees, rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant,non-tenant,or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,regulations,conditions,rates,fees,rentals,and other charges with respect to facilities directly and substantially related to providing air transporta.tion as are applicable to all such air carriers which make similar use of such airport an;d utilize simiIar facilities, subject to reasanable classifications such as tenants or non-tenants and signatory carriers and non- signatory carriers. Classification or status as tenant or signatory shall not be . unreasonably withheld by any airport provided an air carrier assumes obligations substantialIy similar to those already imposed an air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person,firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees[including,but not limited to maintenance,repair,and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved wil!be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. a�n spo�o�n����zota ��110�:0 23. Exclusive Rights. It will perinit no eYclusive 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 sin�le fixed-based operator shall not be construed as an exclusive right if both of the following apply; a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than ane�xed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such sing[e�ixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,or corporation,the exclusive right at the airport to conduct any aeronautical activities, including,but not timited to charter flights,pilot training, aircraft rental and sightseeing,aeriat photography,crop dusting,aecial advertising and surveying,air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft, sale of aircraft parts,and any other activities which because of their direct relationship to the operation af 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. Tt wiiI maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection.No part of the Federal share of an airport development,airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport and Airway Improvement Act _ of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees,rates,and charges for users of that airport. 25.Airport Revenues. a. All revenues generated by the airport and any local taites on aviatian fuel established after December 30, 1987,wilt be expended by it for the capita!or operating costs of the airport;the local airport system; or other Iocal facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially retated to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982,by tl�e owner or operator of the airpor�,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 aitport owner or Airport Sponsa Assivances 3C1014 Pege 12 of 20 operator's facilities, including the airporl, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport{and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the publia sponsor's acquisition of land,this limita.tion on the use of alI revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the _ remaining unamortized portion(amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acyuisition on or after October 1, 1996,plus an amount equai to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3} Certain revenue derived from or generated by mineral extraction,production, lease,or other means at a general aviation airport(as defined at Section 47102 of titie 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984,the spansor will direct that the audit will review, and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph (a),and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assur�nce in accordance with the provisions of Section 47107 of Title 49,United 5tates Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasanably request and make such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a farmat prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport, including deeds, leases,operation and use agreements,regulations and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; c, for noise compatibility program projects, make records and documents re[ating to � the project and continued compliance with the terms,conditions,and assurances of this grant agreement including deeds, leases,agreements, regulations, and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request;and Airport Sponsor Assurance,s 3r1014 Page 13 of 2p d. in a format and time prescribed by the Secretary, provide to the Secretary and malce available to the public following each of its fiscal years, an annual ceport listing in detail: 1) all amounts paid by the airport to any other unit of government and the parposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27.Use by Government Aircraft. � It will rnake available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and ta.keoff of aircraft to the United States for use by Government aircraft in common with other aircra.ft at all times without charge,except, if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use,for the cost of operating and maintaining the facilities used.Unless otherwise determined by the Secretary,or otherwise agreed to hy the sponsor and the using agency, substantial use o£an airport by Government airccaft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that— a. Five(5)or more Govecnznent aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements (counting each landing as a movement}of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft}is in excess of five million pounds. 28.Land for Federal Facilitaes. It will furnish without cost to the Federal Governtnent for use in eonnection with any air traff'ic control or air navigation activities,or weather-reporting and communication activities related to air traffiic 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, operatian,and maintenance at FederaI expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29.Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing 1) boundaries of the airport and all proposed additions thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2) the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings,hangars and Airport Sponsor Assurances 3/20 L 4 Page l 4 of 20 roads), including all proposed extensions and reductions of existing airport facilities; 3) the iocation of all existing and proposed nonaviation areas and of all existing im;provements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans rxnd each amendment,revision, or rnodification thercof,shaIl be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport Layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary, adversely affect the sa,fety,ufiliry or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines advecsely affects the safety, utility,or efficiency of any federally owned, leased,or funded property on or off the airport and which is not in con£ormity with the airport layout plan as approved by the Secretary,the owner or operator wilI, if requested,by the Secreta.ry(1)eliminate such adverse effect in a manner approved by the Secretary; or(2)bear all costs of relo�ating such property(or replacement thereo�to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereo�to the level of safety,utility, efficiency,and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civit Rights. It will promptly take any measures necessary to ensure that no person in the United Sta.tes shall,on the grounds of race, creed, color,national origin,sex, age, or disabiliry be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination in any activity conducted with,or benefiting from, funds received from this grant. a. Using the definitions of activity,facility and pcogram as found and defined in §§ 21.23 (b) and 21.23 (e)of 49 CFR§21,the sponsor will facilitate al[programs, operate all facilities, or conduct a.11 programs in compliance with all non- discrimination requirements imposed by,or pursuant to these assurances. b. Applicability 1) Progams and Activities. If the sponsor has received a grant{or other federal assistance)for any of the sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities. 2} Facilities. Where it receives a grant or other federal financial assistance to construct,expand,renovate,remodel,alter or acquire a facility,or part of a facility,the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Ase�uanccs 312014 Pagc 15 of20 3} Real Property. Where the sponsor receives a grant or other�ederal financial assistance in ti�e form of,or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over,or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal f nancial assistance is extended to#he program, except where the Federal financial assistance is to provide,or is in the form of,personal property, or real property,or interest therein,or structures or improvements thereon, in which case the assurance obligates the sponsor, or any trans£eree for the longer of the following periods: 1) So long as the airport is used as an airport,or for another purpose involving the provision of similar services or bene€its;or 2) So Iong as the sponsor reta.ins owiiership or possession of the property. d. Required Solicitation Language. It will inctude the following notification in all solicitations for bids,Requests For Proposals for work,or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: `"The(Name of Sponsor�, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.252,42 U.S.C. §§2000d to 2000d-4)and the Regulations,hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement,disadvanta.ged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color,or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contra.ct clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally- assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to thc non- discrimination in Federally-assisted programs of the DOT acts and regulations, 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a eovenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures,use, or improvements thereon or interest therein to a sponsor. 4) It wilt insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color,national origin,creed, sex,age,or handicap as a Airpat Sponsor Assurances 3/2014 Pago 16 of 20 covenant running with the land, in any future deeds, ieases, Iicense,permits, ar similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity,prnject, or program; and b} For the construction or use of, or access to, space on,over, or under real . property acyuired or improved under the applicable activity,project,or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants,transferees, successors in interest,and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the ac�s,the regulations, and this assurance. g. It agrees that the United Sta.tes has a right#o seek judicial enforcement with regard to any matter arising under the acts,the regulations,and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the l�nd,when the land is no longer needed for such purposes,at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States'share of acquisition of sueh land will be,at the discretion of the Secretary, (1}reinvested in another project at the airport,or(2} transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to tlte following,in descending order,{1) reinvestment in an approved noise compatibility project, (2)reinvestment in an approved project that is eligible for gant funding under Section 47117(e) of title 49 United States Code,(3)reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114,47'115,or 47117 of title 49 United States Code,(4)transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and(5)paid to the Secretary for deposit in the Airport and Airway Trust Fund. lf land acquired under a grant for noise compatibility purposes is leased at fair market vaiue and consistent with noise buffering purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. , b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will,when the land is no Ionger needed for airport purposes,dispose of such land at fair market value or make available to the Secretaiy an amount equal to the United States'proportionate share of the fair market value of the land. That portion of the proceeds of sueh disposition which is proportionate to tha United States'share of the cost of acquisition of such land will, (1)upon application to the Secretaty,be reinvested or hansferred to another Airport Sponsor Asstxa»cas 3/2014 Page 17 of 20 eligible airport as prescribed by the Secretaiy. The Secretary shall give preference to the following, in descendii�g order: (1) reinvestment in an approved noisa compatibility project, (2)reinvestment in an approved project that is eligible for grant funding under Section 47117(e)of title 49 United States Code, (3) reinvesiment in an approved airport developraent project that is eligible for grant funding under Sections 47114,47115,or 47117 of title 49 United Sta.tes Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport,and (5)paid to the Secretary for deposit in the Airport and'Airway Trust Fund. c. Land shail be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronauticaI purposes(including runway protection zones) or serve as noise buffer land,and (2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport.Further, land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under(a)(b) or(c)will be subject to the retention or reservation of any intcrest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation�f the airport. 32.Engineering and Design Services. It will award each contract,or sub-contract for program management, construction management,planning studies,feasibility studies, architectural services,preliminary engineering, design, engineering, surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title TX of the Federal Property and Administrative Services Act of 1949 or an equivalent qua(ifications-based requirement prescribed for or by the sponsor of the airport. 33.Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34.Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projecfs,dated (the latest approved version as of this grant offer}and included in this grant,and in accordance Airport Sponsor Asgurances 312014 Page 18 of 2Q with applicable state policies, standards, and specifications approved by the Secretary. 35.Relocation and Real Property Acquisition. a. It will be guided in acquiring real property,to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. Ft will make available within a reasonable period of time prior to displacement, cornparable replacement�wellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36.Access By Intercity Bases. The airpor�owner or operator will perrnit,to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however,it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37.Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race,color,nationai origin or sex in the award and perforrnance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race, color,national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and ret�sonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts,and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23,and as approved by DOT,are incorporated by reference in this agreement Implementation of these pragrams is a Iegal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to ihe sponsor of its failure to carry out its approved program,the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38.Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponcor Assumnces 32014 I'ege 19 of 2U 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accomi�odate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport ownec or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2) Provides an explanation as to why the requests couid not be accommodated; and 3) Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the appIicable due date. Airport Sponsor Assurances 3/2014 Page 20 of 20 CURRENT FAA ADViSORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Updated March 20, 2014 View the most current versions af#hese ACs and any associated changes at http://www.faa.govlairportslresourcesladvisory_circulars/. (NUMBER �TITLE � 70/746U-1 K� �Obstruction Marking and Lighting � ^ � �15015020-1 Noise Control and Compatibility Pianning for Airports^�� � 150/5070-68 Airport Master Plans ---____��_�� ____ Change 1 150/5070-7 ��The Airport System Planning Progress � �� 15015100-93B Development of State Standards for Non Primary Airports 15015100-14D �'chitectural, Engineering, and Planning Consultant Services for Airp�rt Grant Projects 150/5100-17 Land Acquisition and Reiocation Assistance for Airpart Improvement Program Changes 1-6 Assisted Projects 154I5200-28D Notices to Airmen(NOTAMS)for Airport Operators �W 15015200-30C� qirport Winter Safety and Operatians � i� Change 1 150/5200-31 C Ai�port Emergency Plan � �`� Change 2 �150(5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport � r 150/5210-7D Aircraft Rescue and Fire Fighting Communications � 150/5210-13C Airport Water Rescue Plans and Equipment �~�~� 150J52'f4-'f4B� Airport Rescue Fire Fighting Equipment, Tools and Clothing � �150/5210-15A Airport Rescue and Firefighting Station Building Design �r� �15015210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 15015220-10E Guide Specification for Aircraft Rescue and Fire Fighting(ARFF}Vehicles __—.___..._._.._�_ __ _ _____ 15015220-16D Automated Weather Observing Systems (AWOS)for Non-Federal + Applications 1 � _............._..._�___-__.._ ...._..--- -.....__...__._.._---- ---.._..____.------..................._._..._.....__......__.___._�._.__.�_._....._.,.�...._..._....----------�------� �150I5220-17B � Aircraft Rescue and Fire Fighting (ARFF)Training FaciEities ;---------------__ ..�..--------___.__...__.__.�.—.---___.____...__.__._...--------- �--------�---_.__._-----I (15015220-18A 8uildings for Storage and Maintenance of Airporf Snow and Ice Cantrol Equipment and Materials r150-5220-20`— _� ____�.__—._____.______.____-----_._____._---.---._.________._ - - �Change 1 Airport Show and Ice Control Equipment 15015220-2'{C Aircraft Boarding Equipment �150/5220-228 Engineered Materials Arresting Sysfems (EMAS)for Aircraft Overruns �150/5220-23�`Frangible Connections 150/5220-24�I Foreign Object Debris Detection Equipment ` 150l5220-25 Airport Avian Radar Systems �M�`T _� _ _r.�_.__.. � 15015220-2fi Airport Ground Vehicls Automatic Dependent Surveillance—Broadcast(ADS- Change 1 B} Qut Squitter Equipment 15015300-78 FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes � 150/5300-9B Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects 15015300-13 A �rport Design Change 1 �150/530Q-14C Design of Aircraft Deicing FaciEities �150/5300-15A �Use of Value Engineering for Engineering Design of Airpor�s Grant Projects w 150I5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey �150/5300-17C �Standards for Using Remote Sensing Technofogies in Airport Surveys 15015300-'ISB General Guidance and Specifications for Submission of Aeronautical Surveys Change 1 to NGS: Field Data Collection and Geographic Information System (GIS) Standards �105/5320-5D �SurFace Drainage Design r � � �150/5320-6E Airporf Pavement Design and Evaluation 150I5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surtaces 150I532�-15A Management of Airport tndustriat Waste 2 . _ . _ __ . .. . ,150/5320-17 Airfield Pavement Surface Evaluation and Rating {PASER) Manuals � f .- -- ---- _____..,_.._.--.------_._---___._.-------------------� 15015325-48 Runway Length Requirements for Airport Design j r- ---_.._�._�_____--�–_-----��--� ------ - -----___..._� �__.__.....------._.�_ --._-_____....___�_.______-----.--__ �----- -- --�---. �.___..�--------�-� 15015335-5C � Standardized Method of Reporting Airport Pavement Strength-PCN (Draft approved for use) �150/5340-1 L Standards for Airpart Markings ^����� �~! y �150/5340-5D Segmented Circle Airport Marker System � 4 �� � ._._r______.__. _ _ __ __ � C15015340-18F Standards forAirport Sign Systems �~� � �^�~ ��� � 150/5340-30G Design and Instalfation Details for Airport Visual Aids W -- . �_--.�_.__ _ 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch M 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting� Circuits �150/534S-10G �Specification for Constant Current Regulators and Regulator Monitors � 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specificatian for L-841 Auxiliary Relay Cabinet Assembly fo�Pilot Control of� Airport Lighting Circuits 150/5345-26D FAA Specification for L-823 Plug and Reoeptacle, Cable Connectors µ 150l5345-27E Specification far Wind Cone Assemblies �150/5345-28G Precision Approach Path Indicator(PAPi)Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42G� Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories' 150/5345-43G `Specification for Obstruction Lighting Equipment T.f� �_ . . 'E 5QJ5345-44J Specification for Runway and Taxiway Signs 9 50J5345-45C Low-Impact Resistant(LIR) Structures � 150/5345-46D Specification for Runway and Taxiway Light Fixtures 150/5345-47C Spec�cation for Series to Series Isolation Transformers for Airport Lighting � Systems 150/5345-49C Specification L-854, Radio Control Equipment ---���'�� ____ ._._ �_____._._��-----------_.-._—.__�.� 150/5345-50B ^�Specification for Portable Runway and Taxiway Lights ��^� 150/5345-51 B Specification for Discharge-Type Flasher Equipment r �+ ____.._____._._� _ _ __ _ ___ __ 3 . . _ _ -----._. ----..._____�.._._.._�._.. .._..... .....___._.____...______.�.----_.........___...___. _......__.._.. .. _._._...., (150/5345-52A Generic Visual Glideslope Indicators (GVGI) � I._._ . _._._.�._...___. ..� -- ._.. . _ _ _ . ... __. _ _. . . - - -- . . � i 150l5345-53D Airport Lighting Equ�pment Certification Program � . . .._ ._.__.__------------__..__._.. ...__.. .__.__._._._..__.�.___._......___ _---- _._. ._._._ �T----._._..__. . ' ,____.____._..---._.__.____ ...__.___..._.._.--.----.-----..____-------___._..------_._.._._.__..._...__.__....____.-----.-----.-------.--�_...._.._.__.__..___..._.__. ....... __� 150/5345-548 Specification for L-884 Power and Control Unit for Land anc{ Hold Short Lighting Systems '150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runwayy� ( Closure 150/5345-568 Specification for L-890 Airport Lighting Control and Monitoring System� � (ALCMS) 150/5360-12F Airport Signing & Graphics ~� �M ��! ~�� 15015360-93 Planning and Design Guidance for Airport Terminal Facilities ^ � �y M Change1 �150/5360-14 �Access to Airports by Incfividuals with Disabilities � � � ~ � 15015370-2F �perational Safety an Airports During Construction 15015370-6D��Construction Progress and Inspection Report—Airport Grant Program �^ 150/5370-10F Standards for Specifying Construction of Airports 15015370-11 B Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements �50-5370-12A Quality Control of Construction for Airport Grant Projects � �15015370-13A �-Peak Construction of Airport Pavements Using Hot-Mix Asphalt `� ~ �150/5370-156 Airside Applications for Artificial TurF � M f 150I5370-16 � Rapid Construction of Rigid (Portland Cement Concrete) Ai�eld Pavements 15015370-17 Airside Use of Heated Pavement Systems 150I5380-6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7A Airport Pavement Management Program 150/5390-2C Heliport Design ` f 150/5395-1A �Seaplane Bases � � � �FAA�� 910 - Predesign Conference 4� ��� �FAA �920— Engineer's Design Report ��� � ~���~ �^� FAA 940— Regional Approved Modifications to AC 150l5370-10 � � FAA � � 950—Sponsor Modifications of FAA Standards '��`-�`-s_...._..___ FAA 960—Operational Safety on Airport During Constnaction ~ � r�_FAA 1040—Preconstruction Conference � �_ Yy�_ _� �� � 4 .. _.._.._.__._............._.__..- - ----._....._._._�____-__._..__...__.....:..........._.----- _.__._._._ ._....._.._..._......_...----�------ - FAA ( 1 Q60 - Labor Provisions __ I._._.__._ _ .. ._ ._.. _._...__-----�-------____.---____.------._._....__._�.._..._._._.._______..__._._......_._.__......--------�------------__......_... � W FAA � 1100 — Runway Commissioning �.._..._...__---�----_-{—_- .___T_�._.._.---__.__.-----------------------------__.___.___..._----_—__._._---- � FAA f 1310— Environmental Site Assessment -----_____...__ . _ � �.__.��____-----.___--�-�-----___-___---------� FAA 1750 - Pavement Maintenance � FAA ��Engineering Briefs �� MoDOT� T .MoDOT DBE Program --�'-� --.-__�_____.�..._._.._..__.�_._,.__..__._ _,_._ _. � ._�._..._...._____ The MoDOT DBE Program is available on the MoDOT website at the following address: http:l/www.modot,mo.qov/business/contractor resources/extemalcivilriqhts htm. 5