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HomeMy WebLinkAboutOrd.4024.05-04-2009 BILL NO. 09-72 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF ACCEPTING A GRANT FOR PAVEMENT REHABILITATION AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The Interim City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a State Block Grant Agreement with the Missouri Highways and Transportation Commission for the purpose of accepting a grant for pavement rehabilitation at the Cape Girardeau Regional Airport . A copy of said Agreement is attached to this Ordinance and made a part hereof . ARTICLE 2 . This Ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS _O DAY OF 200. J B. Knudtson, Mayor ATTEST: RD G j�C�14A 8q ,�► G yle L. Conrad, City Clerk J O C�10 J t � SEAQ' CCO FORM: AC10 Sponsor City of Cape Girardeau Approved: 03/91 (KR) Project No. 08-077A-1 Revised: 03/09 (AMB) Airport Name Cape Girardeau Regional Modified: STATE BLOCK GRANT AGREEMENT SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION --State Block Grant Agreement --Federal Authorization - Airport and Airway Improvement Act of 1982 (as amended) --Project Description - Planning, Land/Easement Appraisals and Acquisitions, Surveying, Engineering Design, Construction SECTION II - STANDARD AGREEMENT ITEMS 1. PURPOSE 2. PROJECT TIME PERIOD 3. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY 4. AMOUNT OF GRANT 5. 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. SPECIAL CONDITIONS _ 1 _ r. SECTION III — PLANNING 34. AIRPORT LAYOUT PLAN 35. AIRPORT PROPERTY MAP 36. ENVIRONMENTAL IMPACT EVALUATION 37. EXHIBIT "A" PROPERTY MAP SECTION IV - LAND/EASEMENT APPRAISALS AND ACQUISITIONS 38. RUNWAY PROTECTION ZONE SECTION V - DESIGN 39. ENGINEER'S DESIGN REPORT 40. GEOMETRIC DESIGN CRITERIA 41. PLANS, SPECIFICATION AND ESTIMATES SECTION VI - CONSTRUCTION 42. CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS 43---CONSTRUCTION-PROGRESS AND INSPECTION REPORTS 44. WAGE LAWS 45. COMPETITIVE SELECTION OF CONTRACTOR 46 REVIEW OF BIDS AND CONTRACT AWARD 47. NOTICE TO PROCEED 48. DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION 49. LABOR STANDARDS INTERVIEWS 50. AIR AND WATER QUALITY STANDARDS 51. FILING NOTICE OF LANDING AREA PROPOSAL 52. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION 53. CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS 54. RESPONSIBILITY FOR PROJECT SAFETY 55. RECORD DRAWINGS SECTION VII - GRANT ACCEPTANCE --Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to comply with grant requirements will jeopardize funding eligibility. --Certificate of sponsor's attorney -2- Sponsor: City of Cape Girardeau Project No. 08-077A-1 Airport Name Cape Girardeau Regional MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STATE BLOCK GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and City of 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: Design south apron pavement rehabilitation, crack seal and seal coat asphalt pavements, remark all 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 June 30, 2009. 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 3- easements and address any and all encumbrances. Satisfactory evidence will consist of the Sponsor's execution of a Certificate of Title form provided by the Commission. (4) AMOUNT OF GRANT: The initial amount of this grant is not to exceed Ninety-one Thousand Nine Hundred Eighty dollars ($91,980.00) for eligible preliminary project costs and/or land/easement acquisition. A grant amendment to cover the balance of eligible project costs will be provided after construction bids are received. (A) The amount of this grant stated above represents ninety-five percent (95%) of eligible project costs. (B) The designation of this grant does not create a lump sum quantity contract, but rather only represents the amount of funding available for qualifying expenses. In no event will the Commission provide the Sponsor funding for improvements or work that are not actually performed. The release of all funding under this Agreement is subject to review and approval 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 Four Thousand Eight Hundred Forty-one dollars ($4,841.00). (A) The amount of matching funds stated above represents five percent (5%) of eligible project costs. (B) The Sponsor warrants to the Commission that it has sufficient cash on deposit to provide the local matching funds identified above, as well as to cover one hundred percent (100%) of any ineligible items included in the scope of work. (6) ALLOWABLE COSTS: Block grant funds shall not be used for any costs that are ineligible as defined in the Airport and Airway Improvement Act of 1982 (as amended) and 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 May 31, 2009 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. -4 - (10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps, including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in violation of federal antitrust statutes, or misused in any other manner for any project upon which federal funds have been expended. For the purpose of this grant Agreement, the term "federal funds" means funds 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. (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 finance 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 thirty (30) days of the issuance of the report. 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 5190.6A entitled "Airport Compliance Requirements" dated October 2, 1989, included in the grant appendix, and notify the Commission of any areas of non-compliance within its existing facility and/or operations. All non- compliance situations must be addressed and a plan to remedy areas of non- compliance must be established before final acceptance of this project and before final payment is made to the Sponsor. (15) LEASES/AGREEMENTS: The Sponsor shall incorporate the FAA Standard Airport Lease/Agreement provisions into all leases/agreements for use of airport property other than the public use areas. In addition to these provisions, these leases/agreements must provide for fair market value income and prohibit exclusive rights. - 6 - (A) Long term commitments (longer than 5 years) must provide for renegotiation of the leases'/agreements' terms and payments at least every five (5) years. (B) Leases/agreements shall not contain provisions that adversely affect the Sponsor's possession and control of the airport or interfere with the Sponsor's ability to comply with the obligations and covenants set forth in this grant Agreement. (16) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Sponsor agrees as follows: (A) Civil Rights Statutes: The Sponsor shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e, et seq.), as well as any applicable titles of the Americans with Disabilities Act. In addition, if the Sponsor is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Administrative Rules: The Sponsor shall comply with the administrative rules of the USDOT relative to nondiscrimination in federally-assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Sponsor shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Sponsor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including employment practices. (D) Solicitations for Subcontracts. Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Sponsor. These apply to all solicitations either by competitive bidding or negotiation made by the Sponsor for work to be performed under a subcontract, including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Sponsor of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The Sponsor shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Commission or the USDOT to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the Sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the Sponsor fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 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. Upon written notice to the Sponsor, the Commission reserves the right to suspend or terminate all or part of the grant when the Sponsor is, or has been, in violation of the terms of this Agreement. Any lack of progress that significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. Once such determination is made, the Commission shall so notify the Sponsor in writing. Termination of any part of the grant will not invalidate obligations properly incurred by the Sponsor prior to the date of termination. The Commission shall have the right to suspend funding of the project at any time and for so long as the Sponsor 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 property of the Commission. The Sponsor shall also supply to the Commission hard copies of any working documents such as reports, plans, specifications, etc., as requested by the Commission. (21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. (22) NONSOLICITATION: The Sponsor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (23) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (24) INDEMNIFICATION: 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 performance of its obligations under this Agreement. (25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless from any and all claims for liens of labor, services or materials furnished to the Sponsor 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. -9 - (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: Joseph Pestka Administrator of Aviation Missouri Department of Transportation P.O. Box 270 Jefferson City, MO 65102 (573) 751-7912 (573) 526-4709 FAX E-mail: Joseph.Pestka@modot.mo.gov Sponsor: Bruce Loy Airport Manager Cape Girardeau Regional Airport P.O. Box 617 Cape Girardeau, MO 63702-0617 (573) 334-6230 (phone) (573) 334-0499 (fax) E-mail: BLoy@cityofcapegirardeau.org or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile or email delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of the facsimile or email transmission of the document. (27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective for the useful life of any facilities/equipment installed with grant funds as stipulated in attached Exhibit 1, but in any event not to exceed twenty (20) years. There shall be no limit on the duration of the assurance, referenced in paragraph B of said Exhibit 1 against exclusive rights or terms, conditions and assurances, reference paragraph B-1, with respect to real property acquired with federal funds. Paragraph (30) equally applies to a private sponsor. However, in the case of a private sponsor, the useful life for improvements shall not be less than ten (10) years. (A) The financial assistance provided hereunder constitutes a grant to the Sponsor. Neither the Commission nor the FAA will have title to the improvements covered by this grant, as title to same shall vest in the Sponsor. (B) For the period as specified in paragraph (14) of this Agreement, the Sponsor becomes obligated, upon any sale or disposition of the airport or 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 - i0 - 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 twenty-five thousand dollars ($25,000) in the aggregate. Small purchase procedures (telephone solicitations or direct mail) may be used for services costing twenty-five thousand dollars ($25,000) or less. All professional services contracts are subject to review and acceptance by the Commission prior to execution by the Sponsor to ensure funding eligibility. (30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a 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) SPECIAL CONDITIONS: The following special conditions are hereby made part of this Agreement: (A) Lobbying and Influencing Federal Employees: All contracts awarded by the Sponsor shall include the requirement for the recipient to execute the - 11 - 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) Safety Inspection: The Sponsor shall eliminate all deficiencies identified in its most recent annual safety inspection report (FAA Airport Master Record Form 5010-1). If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies and shall include this plan with phased development as outlined in a current and approved airport layout plan. (D) Navigational Aids: Except for instrument landing systems acquired with the AIP (block grant) funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP (block grant) program during the useful life of the equipment. The Sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under 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 Language: The Sponsor shall include the following special provision when advertising for bids: "Notice to all potential bidders on federally funded airport construction projects: As mandated by Executive Order 12818, issued by President George Bush on October 23, 1992, a Job Special Provision will be inserted into and made a part of every contract for federally funded airport construction projects, awarded from this or future notices of lettings." (G) Airport Job Special Provision - Required Language: The Sponsor shall include the following special provisions in contracts for federally funded airport _ 12 _ 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 itself). The contractor understands, and agrees to inform its own contractors and subcontractors, that failure to comply with Executive Order 12818 will subject them to disciplinary action as appropriate, including, but not limited to, debarment, suspension, termination of the contract for default, or the withholding of payments. The Contractor also understands that the Sponsor has not adopted any policies or contractual provisions which violate Executive Order 12818." (H) Grant Made on Preliminary Plans and Specifications and/or Estimates: This grant is made and accepted upon the basis of preliminary plans, specifications and/or estimates. Within 30 calendar days from the date of acceptance of this grant, the Sponsor shall furnish final plans and specifications to the Commission. Construction work shall not commence, and a contract shall not be awarded for the accomplishment of such work, until the final plans and specifications have been accepted by the Commission. Any reference made in this grant to plans and specifications shall be considered a reference to the final plans and specifications as accepted. Since this grant is made on preliminary plans and specifications and/or estimates, the grant amount is subject to revision (increase or decrease) after actual project costs are determined through negotiations, appraisals and/or bids. The Sponsor agrees that said revision will be at the sole discretion of the Commission. (1) Sponsor's Disadvantaged Business Enterprise (DBE) Program: When the grant amount exceeds two hundred fifty thousand dollars ($250,000), the Sponsor hereby adopts the Commission's Disadvantaged Business Enterprise (hereinafter, "DBE") program that is incorporated into this grant agreement by reference. Only DBE firms certified by the Commission will qualify when considering DBE goal accomplishments. (J) Disadvantaged Business Enterprise Required Statements: (1) Policy: It is the policy of the USDOT that DBEs, as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. (2) Contract Assurance: The Commission and the Sponsor will ensure that the following clause is placed in every USDOT-assisted contract and subcontract: - 13- "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out the applicable requirements of Title 49 Code of Federal Regulations, Part 26 in the award and administration of any United States Department of Transportation-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." (This assurance shall be included in each subcontract the prime contractor signs with a subcontractor.) (3) Federal Financial Assistance Agreement Assurance: The Commission and the Sponsor agree to and incorporate the following assurance into their day-to-day operations and into the administration of all USDOT-assisted contracts; where "recipient" means MoDOT and/or any MoDOT grantee receiving USDOT assistance: "MoDOT and the Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation-assisted contract or in the administration of the United States Department of Transportation's DBE Program or the requirements of Title 49 Code of Federal Regulations, Part 26. The recipient shall take all necessary and reasonable steps under Title 49 Code of Federal Regulations, Part 26 to ensure nondiscrimination in the award and administration of United States Department of Transportation-assisted contracts. The recipient's DBE Program, as required by Title 49 Code of Federal Regulations, Part 26 and as approved by the United States Department of Transportation, is incorporated by reference into this agreement. Implementation of this program is a legal obligation and for failure to carry out its approved program, the United States Department of Transportation may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under Title 18 United States Code, Section 1001 and/or the Program Fraud Civil Remedies Act of 1986 (Title 31 United States Code, Section 3801 et seq.)." The Commission and the Sponsor shall ensure that all recipients of USDOT-assisted contracts, funds, or grants incorporate, agree to and comply with the assurance statement. (4) Prompt Payment: The Commission and the Sponsor shall require all contractors to pay all subcontractors and suppliers for satisfactory performance of services in compliance with section 34.057 RSMo, Missouri's prompt payment statute. Pursuant to section 34.057 RSMo, the Commission and the Sponsor also require the prompt return of all retainage held on all subcontractors after the subcontractors' work is satisfactorily completed, as determined by the Sponsor and the Commission. - 14- All contractors and subcontractors must retain records of all payments made or received for three (3) years from the date of final payment, and these records must be available for inspection upon request by any authorized representative of the Commission, the Sponsor or the USDOT. The Commission and the Sponsor will maintain records of actual payments to DBE firms for work committed to at the time of the contract award. The Commission and the Sponsor will perform audits of contract payments to DBE firms. The audits will review payments to subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation and that payment was made in compliance with section 34.057 RSMo. (5) MoDOT DBE Program Regulations: The Sponsor, contractor and each subcontractor are bound by MoDOT's DBE Program regulations, located at Title 7 Code of State Regulations, Division 10, Chapter 8. (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 be determined by the Commission at the time each proposed service contract is submitted for the Commission's approval. (34) 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 5100.38A, entitled "Airport Improvement Program Handbook." (35) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a part of the ALP, a drawing which indicates how various tracts/parcels of land within 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. (36) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate the potential environmental impact of this project per FAA Order 5050.46, 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. - 15- (37) 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 tract/parcel of land in connection with this project. (38) RUNWAY PROTECTION ZONE: The Sponsor agrees to prevent the erection or creation of any obstruction, residence, structure or place of public assembly in the Runway Protection Zone, as depicted on the Exhibit "A" Property Map and the approved ALP, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the Commission and the FAA. Any existing obstructions, structures, facilities or uses, including use of equipment that could interfere with electronic guidance or communication systems for aircraft, within the Runway Protection Zone shall be cleared or discontinued unless approved by the Commission and the FAA. The Sponsor shall also take any and all steps necessary by fee ownership or avigation easement to ensure that the land within the designated Runway Protection Zone will not include anything that violates FAA standards, is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums, golf courses or any other uses restricted by FAA standards. (39) ENGINEER'S DESIGN REPORT: Prior to development of the plans and specifications, the Sponsor shall provide an engineer's report setting forth the general analysis and explanation of reasons for design choices. Said report shall include an itemized cost estimate, design computations, reasons for selections and modifications, comparison of alternatives, life cycle cost analysis, geotechnical report and any other elements that support the engineer's final plans and specifications. (40) 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. (41) PLANS. SPECIFICATIONS AND ESTIMATES: The plans and construction specifications for this project shall be those promulgated by the FAA in the AC series and 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. - 16 - (42) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a construction observation/inspection program setting forth a format for accomplishment of resident observation, construction inspection and overall quality assurance. (43) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The Sponsor shall provide and maintain adequate, competent and qualified engineering supervision and construction inspection at the project site during all stages of the work to ensure that the completed work conforms with the project plans and specifications. Project oversight by the Commission's project manager or other personnel does not relieve the Sponsor of this responsibility. (A) The Sponsor shall require the resident project representative to keep 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. (44) WAGE LAWS: The Sponsor and its contractors and subcontractors shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute this project work as determined by the Department of Labor and Industrial Relations of Missouri, and they shall further comply in every respect with the minimum wage laws of Missouri and the United States. Federal wage rates under the Davis- Bacon or other federal acts apply to and govern this Agreement also for such work which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this Agreement is subject to the "Contract Work Hours and Safety Standards Act", as amended (40 U.S.C. Sections 327, et seq.), and its implementing regulations. The Sponsor shall take the acts which may be required to fully inform itself of the terms of, and to comply with, state and federal laws. (45) 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. (46) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall review all contractors' bids and approve the selection of the apparent successful bidder prior to the Sponsor awarding the construction contract. (47) NOTICE TO PROCEED: After the Commission receives copies of the executed construction contract between the Sponsor and the contractor, the performance and payment bonds and any other documentation as required by this - 17 - 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. (48) DISADVANTAGED BUSINESS ENTERPRISES - CONSTRUCTION: The Sponsor shall notify prospective bidders that DBEs will be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex or national origin in consideration for an award. (A) The goal for this project to be awarded to DBE firms shall be established by the Commission based on the engineer's construction cost estimate included in the design report. The goal will be a percentage of the federal portion of the contract costs less the amount expended for land, easements, the Sponsor's in- house administration, force account work and any noncontractual costs. Failure to meet the DBE goal can render a bid proposal nonresponsible at the Commission's discretion. (B) The Sponsor shall conduct field reviews and interviews with workers to ensure that the portion of the work identified in the construction contract to be performed by DBE firms is so performed. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (49) LABOR STANDARDS INTERVIEWS: The Sponsor shall conduct periodic random interviews with the workers to assure that they are receiving the established prevailing wages. Results of these interviews shall be submitted to the Commission with the weekly construction progress reports. (50) AIR AND WATER QUALITY STANDARDS: Approval of the project is conditioned on the Sponsor's compliance with the applicable air and water quality standards in accomplishing project construction and in operating the airport. Failure to comply with this requirement may result in suspension, cancellation or termination of federal assistance under this Agreement. (51) FILING NOTICE OF LANDING AREA PROPOSAL: When a project involving changes to the runway will be implemented at an airport, the Sponsor must submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the FAA not less than one hundred twenty (120) days prior to commencement of any construction or alteration. A copy of the form as filed with.the FAA and the FAA airspace determination 18- 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. (52) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: When a development project that does not involve changes to the runway will be implemented at an airport, the Sponsor must submit FAA form 7460-1 ("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. (53) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change orders/supplemental agreements must be submitted to the Commission for approval prior to implementation to ensure funding eligibility. Requests for additional work for items not included in the original bid must be accompanied by a cost analysis to substantiate the proposed costs. (54) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the installation of any signs, markers or other devices required for the safety of the public. All markers or devices required 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. (55) RECORD DRAWINGS: The Sponsor shall provide one (1) set of blue line or black line as-built construction plans and two (2) sets of the updated ALP with a narrative report to the Commission upon project completion. The Commission will forward one (1) set of the updated ALP to the FAA central region office. [Remainder of Page Intentionally Left Blank] - 79- IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed by the Sponsor this 13� day of Mai ai 20_�L. Executed by the Commission this Z day of I 1U.rAA, 20-ft. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU B�'.�Y , ���� By Chief Engineer Title Title :n4er[V0 Cl tl HOAVY(- Attest: Attest::" D n ' Secretary to the Commission U_ q Title CAA ULK Approved as to"1 m1 .Foorrm, :: .,.A OVY !- v� — Ordinance No. %Dq Commission Counsel (if applicable) 4���4pRD1E,grj'=t s 1 �dO �► gEp` -20 - CERTIFICATE OF SPONSOR'S ATTORNEY 1, 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 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 Na a of Sponsor's Attorney (typed) Sigkatvfe tS nsor's Attorney Date 5L-5-Z2o o g �T -21 - APPENDIX STATE BLOCK GRANT AGREEMENT Purpose The purpose of this appendix is to provide the sponsors with sufficient information to carry out the terms of the state block grant agreement and implement their project. The key items are listed below and are available on the MoDOT website 0It!p:.//www.modot.nio-go the PAA website(htto7//www faa uov/index.cfin), the State Block Grant Program Guidance Handbook or other website as indicated. Aviation - Grant Documentation State Block Grant Program Guidance Handbook • About the Handbook • Index • . Section 1 - Grant Application and Project Selection (4e kb,5pages) • Section 2 - Project Environmental Requirements (14kb,3pages) • Section 3 - Airport Planning Projects (20kb,4pages) • Section 4 - Land Acquisition (14 kb,3pages) • Section 5 - Procurement of Engineering Services (22kb,4pages) • Section 6 - Project Development (50kb, +opages) State Aviation Trust Fund Program • State Aviation Trust Fund Program Procedures Grant/Loan Applications • Missouri State Block Grant Program Application • State Aviation Trust Fund Program Application • MoDOT Innovation Finance (STAR) Pre-Application Consultant Services Items • Sample Advertisement Consultant Selection • _Qualifications Based Selection (QBS) Public Owner's Workbook • Aviation Project Consultant Agreement - Exhibit IV- Derivation of Consultant Project Costs - Exhibit V - Engineering Basic and Special Services-Cost Breakdown • Master Plan and Airport Layout Plan (ALP) Checklist • State-Missouri Revised Statutes Sections 8.285-8.291 • State Aviation Trust Fund Project Consultant Agreement • Sample Letter of Recommendation of Approval for Project Consultant Agreement Sponsor Certifications • Certificate of Title • Categorical Exclusion Checklist • Proposed Instrument Approach Checklist • Sample Letter for Environmental Clearance • Sponsor Questlonnalre-Airport Compliance Status • Standard DOT Title VI Assurances • Sponsor Certification for Drug-Free Workplace • Sponsor Certification for Selection of Consultants • Sponsor Certification for Real Property Acquisition Sponsor Certification for Projects Plans and Specifications • Sponsor Certiflcatlon for Equipment/Construction Contracts • Sponsor Certification for Construction Project Final Acceptance State-Certification of Compliance 1 MoDOT Electrical Specifications • MO-101 Installation of Airport Rotating Beacon • MO-103 Installation of Airport Beacon Towers • MO-107 Installation of Airport 12-Foot Wind Cone • MO-108 Installation of Underground Cable for Airports • MO-109 Installation of Airport Transformer Vault and Vault Equipment • MO-110 Installation of Airport Underground Electrical Duct • MO-120 Installation of Airport Precision Approach Path Indicator (PAPI) System • MO-125 Installation of Airport Lighting System 3 Airports Central Region— AIP Guide Index This guide has.been prepared to assist Central Region airport sponsors and their consultants in obtaining and administering an Airport Improvement Program (AIP) grant. This guidance is intended to provide a convenient resource for identifying the requirements associated with the AIP and as established within relevant Federal regulations and statutes. Users of this site are advised that this guidance is not intended to establish nor create requirements for participation in the AIP. Requirements for AIP participation are established within United Stales Code, Public Law, Federal Regulations and official FAA policy. 100 -Airport Improvement Program(AIP) 600-Project Formulation 110 - Checklist for Typical AIP Development Project 610 -Requesting Aid: ACIP 120 - Sponsor Eligibility 620 - Benefit/Cost Analysis 130 - Project Eligibility 700 - Grant Implementation 140 - AIP Obligations 710 -Project Application 150 - FAA Standards 720-Sponsor Assurances 160 - Non-Primary Entitlement Funds 730 -Drug Free Workplace Requirements4 200 - Civil Rights 740 -Title VI Assurance 210 - DBE Overview 750 -Executing the Grant Offer 220 - DBE Program Submittal 800 -Sponsor Certification 230 - DBE Contract Goal and Provisions 900- Project Design Development Projects 240 - Good Faith Efforts 910 -Predesign Conference 300 - Procurement of Professional Services 920 -Engineer's Report 310 -Roles and Responsibilities 930-Plans and Specifications 320 - Selection Guide 931 -Project Drawings 330 - Contract Establishment 932 -Project Manual 400 -Procurement 940-Regional Approved Modifications to AC 410 - Small Purchase Procedures 150/5370-10 420 - Protest Procedures 950 - Sponsor Modifications of FAA Standards 500 -Airport Planning 951 -Use of State Standards 510 -National Plan of Integrated Airport Systems 960-Safety Plan (NPIAS) 1000 - Construction 520 - Airport Layout Plans 1010 -Bidding 530 - Environmental Review 1020 -Contract Award 531 -Categorical Exclusions 1030 -Construction Management Program 540 -Airport Site Investigations 1040 -Preconstruction Conference 541 - Evaluation Factors for Airport Site 1050 -Notice-to-Proceed Investigations 1060 -Labor Provisions 550 -Runway Protection Zones 1061 -Contractor's Responsibilities 560 -Airport Property Interests 1062 -Applicable Labor Standards 561 -Avigation Easements 1070 -Inspections 562 - Zoning Around Airports 1071 -Final Acceptance 570 -Apron Design 1080 -Contract Modifications 580 -Planning Resources 1081 -Change Order 1082 - Supplementary Agreements EXHIBIT i ASSURANCES Airport Sponsors A. General. I. These assurances shall be complied with in the performance of grant agreements for airport development,airport planting,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as pan 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 tern"public agency sponsor"means a public agency with control of a public-use airport;the term "private sponsor"means a private owner of a public-use airport;and the Tenn "sponsor" includes both public agency sponsors and private sponsors 3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement. D. Duration and Applicability. I. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout Ole useful life of the project items installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private - Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: I. General Federal Requirements. It will comply with at applicable Federal laws, regulations,executive orders,policies,guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Tide 49,U.S.C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C. 276(a),-et seg.' C. Federal Fair Labor Standards Act- 29 U.S.C. 201,et sea. d. Hatch Act-5 U.S.C. 1501,et sea.2 Airport Assurances(3/2005) 3 Il. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local governments? i. 49 CFR Part 20-New restrictions on lobbying. j. 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. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 Z in. 49 CFR Part 26-Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29-Govenunent wide debarment and suspension(non- procuremenO and government wide requirements for drug-free workplace (grouts). P. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Pari 41 -Seismic safety of federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars - a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133-Audits of States,Local Governments,and Non-Profit Orgnn nations These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. - 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49,United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grin[agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor:It has legal authority to apply for the grant,and _ to finance and carry out the proposed project-,that a resolution,motion or similar action has been duly adopted or passed as an official act of the appliaanCs governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions,and assurances of this grant agreement It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 5 property Bch includes provisions specified by the Secretary. It will take steps to enforce this agreement against the properly owner whenever there is substantial noncompliance with the terms of the agreement e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,die sponsor will reserve sufficient rights and authority to unsure that the airport will be operated and maintained in accordance Title 49, United Stales Code,die regulations and the terns,conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Ph as. The project is reasonably consistent with plans(existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport 7. Consideration of Local Interest. It has given fav consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49,United States Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. _ Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its management board either voting representation from the communities where the project is _ located or has advised the communities that they have the right to petition the Secretary concerting a proposed project. 10. Air and Water Quality Standards. In projects involving airpoit location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance.'With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport It will provide such Airport Assurances(3/2005) 7 plans,specifications,and schedules shall also be subject to approval of the Secretary,and incorporated into the grant agreement 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifirations similarly approved. b. It will famish 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 planting project a notice that the material was prepared under a grant provided by the United States. it. It will make such material available for examination by the public,and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish.,disclose, distribute,and otherwise use any of the material prepared in connection with this grant. I. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any pari 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. rojecth. Il understands and agrees that the Secretarys approval of this project grant or the Secretary s approval of any planning materiel developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) 9 C. Each fixed-based operator at the airport shall be subject to the same rates, fees,rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the some 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 carver 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 au carriers which make similar use of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withilreld by any airport provided an air carrier assumes obligations substantially sunilar to those already 'unposed on air carriers in such classification or status. t 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 lire sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of the airport as may be - necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services,and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single foxed-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 tight at the airport to conduct any aeronautical activities, including,but not limited to charter flights,pilot training,aircraft rental and sightseeing, aerial photography,crop dusting,aerial advertising and surveying,air carrier operations, Airport Assurances(3/2005) 11 agreements,regulations and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of the grant agreement including deeds,leases,agreements, regulations,and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request;and d. in a format and time prescribed by the Secretary,provide to lire Secretary acrd make available to the public following each of its fiscal years, an annual report listing in detail: (i)all amounts paid by the airport to any other unit of government and Ore purposes for Much each such payment was made;and (ii)all services and property provided by the airport to other units of gover mrent and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make availablc all of the facilities of the airport developed with Federal financial assistance mid all those usable for landing midtakeoffof aircraft to the United Stales for use by Government aircraft in conunon with other aircraft at all times without charge,except,if the use by Government aircraft is substantial,charge may .be made for a reasonable share,proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in"excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that- a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-reporting " and communication activities related to air traffic control,any areas of land or Hater,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;(2)the location and nature of all existing and proposed airport,facilities and structures(such as runways,taxiways,aprons,terminal buildings,hangars and roads),including all proposed extensions and redubtions of existing airport facilities;and(3)the location of all existing and proposed nonoviation areas and of all existing improvements thereon Such airport layout plans and each amendment,revision,or modification thereof,shall Airport Assurances(3/2005) 13 C. IAmd shall be considered to be needed for airport purposes under this assurmcc if(1)it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,and(2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport Further,land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes ifthe Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,and the land continues to be used for That purpose,such use having commenced no later than December 15, 1989. d. Disposition of such land under(a)(b)or(c) will be subject to the retention or reservation of any interest or right therein necessary to ensure Ural such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services.It will award each contract,or sub-contract for program management,construction management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Tide IX of the Federal Properly and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport 33. roreign-Markel Restrictions. II will not allow funds provided under this giant 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 end 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 AlP projects,dated 3131108 and included in this grant,and in accordance with applicable state policies,standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition(1)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 payor reimburse property owners for necessary expenses as specified in Subpart B.(2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.(3)It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses.The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of transportation to have access to the airport however,it has no obligation to fund special facilities for intercity buses or for other - modes of transportation. 37. Disadvantaged Business Enterprises.The recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances(312005) CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Updated 3/31/08 View the most current versions of these ACs and any associated changes at http://www.faa.gov/airports airtraffic/airnorts/resources/advisory circulars/. NUMBER TITLE 170/7460-1K Obstruction Marking and Lighting y 150/5000-13 Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance ~ - and Recommended Requirements for Airport Surface Movement Sensors t 15015020-1 j Noise Control and Compatibility Planning for Airports 150/5070-66 ! Airport Master Plans - �..-- 15015070-7 I The Airport System Planning Progress Architectural, Engineering, and Planning Consultant Services for Airport Grant 150/5100-14D Projects j 150/5100-15A Civil Rights Requirements for the Airport Improvement Program (AIP) —i 150/5100-17 [Land Acquisition and Relocation Assistance for Airport Improvement Program j Change 6 Assisted Projects I 150/5190-6 i Exclusive Rights at Federally-Obligated Airports - ..-.....-- - -- . .....-- - - - 150/5200-28D ! Notices to Airmen (NOTAMS)for Airport Operators _J 150/5200-306 Airport Winter Safety and Operations 150/5200-32A Reporting Wildlife Aircraft Strikes 150/5200-338 Hazardous Wildlife Attractants on or Near Airports ! i 115015200-34A Construction or Establishment of Landfills Near Public Airports i Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments) 150/5200-36 and Training Curriculums for Airport Personnel Involved in Controlling Wildlife JHazards on Airports I 150/5200,37 Introduction to Safety Management Systems (SMS)for Airport Operators 15015210-5CI Painting, Marking and Lighting of Vehicles Used on an Airport - .. . . .. ---•- - -- - .. .......... - ...._.__...._ - ... _._ 150/5210-7C ! Aircraft Fire and Rescue Communications I - ----- --- - ------- -- --- - --. ...------- 150/5210-136 ; Water Rescue Plans, Facilities, and Equipment 150/5300-17A General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey I General Guidance and Specifications for Submission of Aeronautical Surveys, 150/5300-18A to NGS: Field Data Collection and Geographic Information System (GIS)'; Standards 150/5320-5C Surface Drainage Design 150/5320-6D i Airport Pavement Design and Evaluation Changes 1-4 - - - .1 - -- -- -- — ----- ---- 150/5320-12C [Measurement, Construction, and Maintenance of Skid Resistant Airport.Changes1-8 avement Surfaces 150/5320-14i Airport Landscaping for Noise Control Purposes F 0/5320-15 Management of Airport Industrial Waste d Change 1 150/5320 17 Airfield Pavement Surface Evaluation and Rating Manuals 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Airport Pavement Strength-PCN j 150/5340-1J [Standard, Change 1 for Airport Markings --- ---- -- ---- -------------- ------------ 150!5340_5C Segmented Circle Airport Marker System 150/5340-18D Standards for Airport Sign Systems - - --------- F150/5340-26A -150/5340-26A Maintenance of Airport Visual Aid Facilities 150/5340-300 Design and Installation Details for Airport Visual Aids 150/5345_1V Approved Airport Equipment 150/5345-3F Specification for L-821, Panels for Control to Airport Lighting - -- -- — ----- r C --- ir - ------ - - i 150!5345-5B Circuit Selector Switch 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting l Circuits 150/5345-10F :FpeWcaliion for Constant Current Regulators Regulator Monitors 150/5345-12E ; Specification for Airport and Heliport Beacon 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C FAA Specification for L-823, Plug and Receptacle, Cable Connectors 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5370-13A Off-peak Construction of Airport Pavements Using Hot-Mix Asphalt 1 150/5370-14A Hot Mix Asphalt Paving Handbook 150/5370-15 Airside Applications for Artificial Turf — J 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5380-56 Debris Hazards at Civil Airports 150/5380-66 i Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7A Airport Pavement Management Program ; 150/5380-8 ; Handbook for Identification of Alkali-Silica Reactivity in Airport Pavements 150/5390_28 I Heliport Design - L- 150/5390 Vertiport Design 150/5395-1 Seaplane Bases FAA 1910 - Predesign Conference I :::FAAT 920 – Engineer's Report (& Pavement Design) IE FAA 1940 – Regional Approved Modifications to AC 150/5370-10 ! FAA 950 – Sponsor Modifications to FAA Standards FAA 960 - Safety Plan FAA 1040–Preconstruclion Conference FAA j ON- Labor Provisions FAA 1100 – Runway Commissioning FAA 1310 – Environmental Site Assessment —� ---FAA 1750 - Pavement MaintenanceOF ! FAA Engineering Briefs MoDOT MoDOT DBE Program The MoDOT DBE Program is available on the MoDOT website at the following address: http://www.modot.mo.gov/business/contractor resources/extemalcivildghts.htm.