HomeMy WebLinkAboutRES.1863.02-19-2003BILL NO. 03-24
RESOLUTION NO. &6-3
7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT AND ALL OTHER
NECESSARY GRANT DOCUMENTS WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR
THE PURCHASE OF SNOW REMOVAL EQUIPMENT FOR
THE CAPE GIRARDEAU REGIONAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Grant Agreement and all other necessary grant documents with the
Missouri Highways and Transportation Commission for the purchase
of snow removal equipment for the Cape Girardeau Regional
Airport. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS J tL DAY OF 2003
ATTEST:
Gayle Conrad, City Clerk
j5J-a—y Knudtson, Mayor �—
Sponsor: City of Cape Girardeau
Project No.: AIRE 025-77A
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 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 Safety and Capacity Expansion
Act of 1987 amended the previous act of 1982 by adding new section 534 entitled
"State Block Grant Pilot Program", (49 U.S.C. App 2227); and
WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State
Block Grant Program to be permanent; and
WHEREAS, the Commission has been selected by the FAA to administer state
block grant federal funds under said program; and
WHEREAS, the Sponsor has applied to the Commission for a sub grant under
said program; and
WHEREAS, the Commission has agreed to award funds to the Sponsor with the
understanding that such funds will be used for a project pursuant to this Agreement for
the purposes generally described as follows:
Purchase airport truck -mounted snowplow, including truck;
NOW, THEREFORE, in consideration of these mutual covenants, promises and
representations, the parties agree as follows:
(1) PURPOSE: The purpose of this Agreement is to provide financial
assistance to the Sponsor under the State Block Grant Program.
(2) PROJECT TIME PERIOD: The project period shall be from the date of
execution by the Commission to December 31, 2003. The Commission's chief engineer
may, for good cause as shown by the Sponsor in writing, extend the project time period.
(3) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: The Sponsor
shall provide satisfactory evidence of title to all existing airport property and avigation
easements and address any and all encumbrances. Satisfactory evidence will consist
of the Sponsor's execution of a Certificate of Title form provided by the Commission.
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(4) AMOUNT OF GRANT: The amount of this grant is $150,000 for eligible
project costs.
(A) The amount of grant stated above represents ninety percent (90%)
of eligible project costs.
(5) AMOUNT OF MATCHING FUNDS: The amount of local matching funds
to be furnished by the Sponsor is $16,667.
(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 the Code of Federal Regulations Title 49 Part 18.
(7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right
to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor.
(8) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the
Commission shall not be obligated to pay any part of the costs of the project unless this
grant Agreement has been executed by the Sponsor on or before February 27, 2003 or
such subsequent date as may be prescribed in writing by the Commission.
(9) FEDERAL SHARE OF COSTS: Payment of the United States share of
the allowable project costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the Secretary of the United States
Department of Transportation shall practice. Final determination of the United States
share will be based upon the audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to the federal share
of costs.
(10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully,
in violation of federal antitrust statutes, or misused in any other manner for any project
upon which federal funds have been expended. For the purpose of this grant
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.
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(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 (90) percent of the maximum federal (block
grant) obligation stated in this Agreement or eighty-one (81) percent 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 or
equipment purchases or other services funded under this grant, the Sponsor shall
provide to the Commission a final payment request and all financial, performance and
other reports as required by the conditions of this grant with the exception of the final
audit report. This report shall be provided when the Sponsor's normal annual audit is
completed.
(D) When force account or donations are used, the costs for land,
engineering, administration, in-kind labor, equipment and materials, etc., may be
submitted in letter form with a breakdown of the number of hours and the hourly
charges for labor and equipment. Quantities of materials used and unit costs must also
be included. All force account activity, donations, etc., must be pre -approved by the
Commission to ensure eligibility for funding.
(12) ADMINISTRATIVE/AUDIT REQUIREMENTS: This grant shall be
governed by administrative and audit requirements as prescribed in the Code of Federal
Regulations (CFR) Title 49 Part 18 and Part 90 respectively.
(A) 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.
(B) 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.
(C) 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.
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(13) APPENDIX: An appendix to this Agreement is attached. The appendix
consists of standards, forms and guidelines that the Sponsor shall use to accomplish
the requirements of this Agreement. The appendix items are hereby provided to the
Sponsor, and incorporated into and made a part of this Agreement.
(14) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to the FAA
standard airport Sponsor assurances, current FAA advisory circulars (AC's) for AIP
projects and/or Commission's specifications, including but not limited to those as
outlined in attached Exhibit 1. These assurances, advisory circulars and Commission's
specifications are hereby incorporated into and made part of this Agreement.
(A) The Sponsor shall review the assurances, advisory circulars,
Commission's specifications and Order - 5190.6A entitled "Airport Compliance
Requirements" dated October 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.
(A) Long term commitments (longer than 5 years) must provide for
renegotiation of the terms and payments at least every five (5) years.
(B) Leases/agreements shall not contain provisions that adversely
affect the Sponsor's possession and control of the airport or interfere with the Sponsor's
ability to comply with the obligations and covenants set forth in this grant Agreement.
(16) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Sponsor agrees as follows:
(A) Civil Rights Statutes: The Sponsor shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), as
well as any applicable titles of the Americans with Disabilities Act. In addition, if the
Sponsor is providing services or operating programs on behalf of the Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans
with Disabilities Act.
a
(B) Executive Order: The Sponsor shall comply with all the provisions
of Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor of
Missouri, on the fourteenth (14th) day of January 1994, which executive order is
incorporated herein by reference and is made a part of this Agreement. This Executive
Order that promulgates a Code of Fair Practices in regard to nondiscrimination, is
incorporated herein by reference and made a part of this Agreement. This Executive
Order prohibits discriminatory practices by the state, the Sponsor or its subcontractors
based on race, color, religion, national origin, sex, age, disability or veteran status.
(C) Administrative Rules: The Sponsor shall comply with the
administrative rules of the United States Department of Transportation relative to
nondiscrimination in federally -assisted programs of the United States Department of
Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference
and made part of this Agreement.
(D) 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.
(E) 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.
(F) Information and Reports: The Sponsor shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Commission or the United
States Department of Transportation to be necessary to ascertain compliance with other
contracts, orders and instructions. Where any information required of the Sponsor is in
the exclusive possession of another who fails or refuses to furnish this information, the
Sponsor shall so certify to the Commission or the United States Department of
Transportation as appropriate and shall set forth what efforts it has made to obtain the
information.
(G) Sanctions for Noncompliance: In the event the Sponsor fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the United States Department of Transportation
may determine to be appropriate, including but not limited to:
1. Withholding of payments under this Agreement until the
Sponsor complies; and/or
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2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(H) Incorporation of Provisions: The Sponsor shall include the
provisions of paragraph 16 of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
United States Department of Transportation. The Sponsor will take such action with
respect to any subcontract or procurement as the Commission or the United States
Department of Transportation may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that in the event the Sponsor becomes
involved or is threatened with litigation with a subcontractor or supplier as a result of
such direction, the Sponsor may request the United States to enter into such litigation to
protect the interests of the United States.
(17) CANCELLATION: The Commission may cancel this Agreement at any
time the Sponsor breaches the contractual obligations by providing the Sponsor with a
written notice of cancellation. Should the Commission exercise its right to cancel the
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the Sponsor.
Upon written notice to the Sponsor, the Commission reserves the right to
suspend or terminate all or part of the grant when the Sponsor is, or has been, in
violation of the terms of this Agreement. Any lack of progress that significantly
endangers substantial performance of the project within the specified time shall be
deemed a violation of the terms of this Agreement. The determination of lack of
progress shall be solely within the discretion of the Commission. Once such
determination is made, the Commission shall so notify the Sponsor in writing.
Termination of any part of the grant will not invalidate obligations properly incurred by
the Sponsor prior to the date of termination.
The Commission shall have the right to suspend funding of the project at any
time, and for so long as, the Sponsor fails substantially to comply with all material terms
and conditions of this Agreement. If the Commission determines that substantial
noncompliance cannot be cured within thirty (30) days, then the Commission may
terminate the funding for the project. Should the Sponsor fail to perform its obligations
in substantial accordance with the Agreement (except if the project has been terminated
for the convenience of the parties) and the FAA requires the Commission to repay grant
funds that have already been expended by the Sponsor then the Sponsor shall repay
the Commission such federal funds.
(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) LAWS OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(20) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission shall remain the property of the Sponsor.
However, Sponsor shall provide to Commission a- copy of magnetic discs that contain
computer aided design and drafting (CADD) drawings and other documents generated
under this grant. Information supplied by the Commission shall remain the property of
the Commission.
(A) The Sponsor shall also supply to the Commission hard copies of
any working documents such as reports, plans, specifications, etc., as requested by the
Commission.
(21) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor
shall notify the Commission immediately of any request for such information.
(22) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty,
the Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(23) DISPUTES: Any disputes of fact that might develop as a result of this
Agreement shall be decided by the Commission.
(24) INDEMNIFICATION: The Sponsor shall be responsible for injury or
damages as a result of any services and/or goods rendered under the terms and
conditions of this Agreement. In addition to the liability imposed upon the Sponsor on
the account of personal injury, bodily injury, including death or property damage,
suffered as a result of the Sponsor performance under this Agreement, the Sponsor
assumes the obligation to save the Commission, including its agents, employees and
assigns harmless, and to indemnify the Commission, including its agents, employees
and assigns, from every expense, liability or payment arising out of such negligent act,
including legal fees. The Sponsor also agrees to hold the Commission, including its
agents, employees and assigns, harmless from any negligent act or omission
committed by any subcontractor or other person employed by or under the supervision
of the Sponsor for any purpose under this Agreement.
(25) HOLD HARMLESS: The Sponsor shall hold the Commission harmless
from any and all claims for liens of labor, services or materials furnished to the Sponsor
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.
IIS
(26) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any changes in conditions or law which may significantly affect its ability
to perform the project in accordance with the provisions of this Agreement.
(A) All notices or communications required by this Agreement shall be
made in writing and shall be effective upon receipt at the respective addresses of
record. Letters or other documents which are prepared in 8.5 x 11 inch format may be
delivered by telefax or electronic mail (email), provided that an original copy is received
at the same address to which the telefax or electronic mail (email) message was sent,
within five (5) business days of the telefax or electronic mail (email) communication.
Either party may change its address of record by providing written notification to the
other party.
Commission: Brian C. Weiler, A.A.E.
Administrator of Aviation
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102
(573) 751-7912 (phone)
(573) 526-4709 (fax)
email: weileb(a�maii.modot.state.mo.us
Sponsor: Bruce W. Loy
Airport Manager
P.O. Box 617
Cape Girardeau, MO 63702-0617
573/334-6230 (phone)
573/334-0499 (fax)
email:
(27) DURATION OF GRANT OBLIGATIONS: Grant obligations are effective
for the useful life of any facilities/equipment installed with grant funds as stipulated in
attached Exhibit 1, as referenced in paragraph (14), but in any event not to exceed
twenty (20) years. There shall be no limit on the duration of the assurance, referenced
in paragraph B of said Exhibit 1 against exclusive rights or terms, conditions and
assurances, reference paragraph B-1, with respect to real property acquired with federal
funds. Paragraph (30) equally applies to a private sponsor. However, in the case of a
private sponsor, the useful life for improvements shall not be less than ten (10) years.
(A) The financial assistance provided hereunder constitutes a grant to
the Sponsor. Neither the Commission nor the FAA will have title to the improvements
covered by this grant as title to same shall vest in the Sponsor.
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(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
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 not consistent 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 (49 CFR 18.36). Requests for
proposals/qualifications are to be publicly announced for services expected to cost more
than $100,000 in the aggregate ($25,000 for engineering services). Small purchase
procedures (telephone solicitations or direct mail) may be used for services costing
$100,000 or less ($25,000 for engineering services).
(A) All professional services contracts are subject to review and
acceptance by the Commission prior to execution by the Sponsor to ensure funding
eligibility.
(30) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(31) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Sponsor responsible for damages.
(32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
ESE
(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
form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS" included in the grant appendix.
This requirement affects grants or portions of a grant exceeding $100,000.
(B) Buy American Requirement: Unless otherwise approved by the
Commission and the FAA, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for airport development or noise compatibility
for which funds are provided under this grant. The Sponsor will include in every
contract a provision implementing this special condition.
(C) 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.
Work shall not commence, and a contract shall not be awarded for the accomplishment
of such work until the final plans and specifications have been accepted by the
Commission. Any reference made in this grant to plans and specifications shall be
considered as having reference to the final plans and specifications as accepted.
(34) PLANS. SPECIFICATIONS AND ESTIMATES: The plans and
specifications for this project shall be those promulgated by the FAA in the AC series
and agency orders.
(A) The Sponsor shall submit all plans, specifications and estimates to
the Commission for review and acceptance prior to advertising for bids.
(35) WAGE LAWS: The Sponsor shall ensure its contractors and
subcontractors shall pay the prevailing hourly rate of wages for each craft or type of
worker required to execute this project as determined by the Department of Labor and
Industrial Relations of Missouri, and they shall further comply in every respect with the
minimum wage laws of Missouri and the United States. Federal wage rates under the
Davis -Bacon or other federal acts apply to and govern this Agreement also for such
work which is performed at the jobsite, in accord with 29 CFR Part 5. Thus, this
Agreement is subject to the "Work Hours Act of 1962", Public Law 87-581, 76 Stat. 357,
as amended, and its implementing regulations. The Sponsor shall take the acts that
may be required to fully inform itself of the terms of, and to comply with, state and
federal laws.
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(36) COMPETITIVE SELECTION OF CONTRACTOR: Construction that is to
be accomplished by contract is to be competitively bid in accordance with federal
procurement requirements (49 CFR Part 18). Bid notices should be published in a
qualified (local or area) newspaper or other advertisement publication located in the
same county as the airport project as a minimum.
(37) 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 contract.
(38) NOTICE TO PROCEED: After the Commission receives copies of the
executed contract between the Sponsor and the contractor and any other
documentation as required by this agreement, the Commission will authorize the
Sponsor to issue a notice to proceed.
(A) The Sponsor shall issue a notice to the contractor within ten (10)
days of authorization by the Commission, unless otherwise approved by the
Commission.
(39) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change
orders/supplemental agreements must be submitted to the Commission for approval
prior to implementation to ensure funding eligibility.
(A) Requests for additional work for items not included in the original
bid must be accompanied by a cost analysis to substantiate the proposed costs.
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IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below.
Executed by the Sponsor this, -X':_' day of 1 , 20al—.
3
Executed by the Commission this o 5� day of , 200,1
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
1���
By llw4; '-/ — (
Title ` f Enr'nag�
Attest:
Secretary to the Commission
as to Form:
r
Comn4sion Counsel
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SPON,130R: City of Cape Girardeau
Title_Michael C;- Mi 1 ter_ City Manager
Attest:
By A P
Title Gavle L. Conrad, City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I, 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.
SPONSOR: City of Cape Girardeau
W. Eric Cunninqham
Name of Sponsor' Attorney (typed)
[" V - A
Sign t p of Sponsor's Attorney
Date
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Sponsor: City of Cape Girardeau
Project No.: AIRE 025-77A
Airport: Cape Girardeau Regional
APPENDIX
STATE BLOCK GRANT AGREEMENT
Purpose
The purpose of this appendix is to provide the sponsors with sufficient information to
carry out the terms of the state block grant agreement and implement their project.
The key items are listed below and are available on the MoDOT website
(www.modot.state. mo. us), the FAA website (www.faa.gov/arp/ace/ho me page.htm), the
State Block Grant Program Guidance Handbook or other website as indicated. The
source for each item is indicated in the left column. Items not indicating a source are
available as hard copies only and were supplied with previous grants --these items will
be provided as requested by the sponsors.
Description
BG Handbook Sponsor Certification for Project Plans and
Specifications
BG Handbook Sponsor Certification for Equipment/Construction
Contracts*
BG Handbook Change Orders and Supplemental Agreements*
BG Handbook Outlay Report and Request for Reimbursement
FAA Circular A-87 - Cost Principles for State and Local
Governments
FAA 49 CFR Part 18 - Uniform Administrative
Requirements for Grants and Cooperative
Agreements to State and Local Governments
FAA 49 CFR Part 90 - Audits of State and Local
Governments
FAA 1380 - Sponsor Modifications to FAA Standards --
5/14/98
Page 1 of 2
FAA 1460 - Drug Free Workplace Requirements-- 10/7/98
FAA 1520 - Labor Requirements --7/28/00
Order 5190.6A - Airport Compliance
Requirements/October 1989
Form PW -3 - Request for Wage Determination
(www.dolir.state.mo.us/Is)
Guide for Specifications for Equipment Projects
FAA http://www.faa.gov/arp/ace/ace-1710.htm
NOTE: * Available on MoDOT Aviation Section Website at
"www. mod ot. state. mo. us/tra ns/trans. htm".
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Page 2 of 2
EXHIBIT I
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in thel3erformance of grant -agreements for
airport development, airport planning, and noise compatibility program grants for airport
sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency with
control of a public -use airport; the term private sponsor' means a private owner of a
public -use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in
and become part of the grant agreement.
B. Duration and Applicability.
Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor. The terms, conditions and assurances of the grant agreement
shall remain in full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall
be no limit on the duration of the assurances regarding Exclusive Rights and Airport
Revenue so long as the airport is used as an airport. There shall be no limit on the
duration of the terms, conditions, and assurances with respect to real property acquired
with federal funds. Furthermore, the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility
program project shall be no less than ten (10) years from the date of acceptance of
Federal aid for the project.
Airport 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:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project including but not limited
to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
Airport Assurances (9/99)
d.Hatch Act - 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et sea.' 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f).'
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
seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.1
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
M. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.'
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
t. Copeland Antikickback Act - 18 U.S.C. 874.'
U. National Environmental Policy Act of 1969-- 42 U.S.C. 4321; et seq.'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 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.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor
standards provisions applicable to non -construction contracts subject to
the Contract Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
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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.
49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.' 2
M. 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 benefitting from Federal financial assistance.'
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug-free workplace
(grants).
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 Part 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
Organizations
' 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 grant 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
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for 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
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
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w
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 the grant agreement which it will own or
control.
4. Good Title.
a. It, a public -agency orAhe Federa4.gover-AmentlLholds good=title,
satisfactory to the Secretary, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
For noise compatibility program projects to be carried out on the property
of the sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary, that good.iitle wilLbe .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 the grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or, claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of the
property upon which Federal funds have been expended, for the duration
of the terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to
be eligible under Title 49, United States Code, to assume the obligations
of the .grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's interest,
and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local government other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specked by the Secretary,
that agreement shall obligate that government to the same terms,
conditions, and assurances that would be applicable to it if it applied
directly to the FAA for a .grant to undertake. the noise compatibility
program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement
against the local government if there is substantial non-compliance with
the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specked by the Secretary. It will take
steps to enforce this agreement against the property owner whenever
there is substantial non-compliance with the terms of the agreement.
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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.
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 the grant agreement and shall insure that such
arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing
at the time of submission of this application) of public agencies that are authorized by the
State in which the project is located to plan for the development of the area surrounding
the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations
with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a
major runway extension, it has afforded the opportunity for public hearings for the purpose
of considering the economic, social, and environmental effects of the airport or runway
location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a copy
of the transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the
project is located to certify in writing to the Secretary that the project will be located,
designed, constructed, and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated by the Administrator of
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 reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development
at a public use airport, as defined in Title 49, it has, on the date of submittal of the project
Airport Assurances (9/99)
d►
grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment required by
rule or regulation, and has provided for access to the passenger enplaning and deplaning
area of such airport to passengers enplaning and deplaning from aircraft other than air
carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of the grant, the
total cost of the project in connection with which the grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to
the project. The accounts and records shall be kept in accordance with
an accounting system that will facilitate an effective audit in accordance
with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of
the United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to the 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 the grant was given or used, it shall file a
certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on
any projects funded under the grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which
contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are necessary to insure
that, in the employment of labor (except in executive, administrative, and supervisory
positions), preference shall be given to Veterans of the Vietnam era and disabled veterans
as defined in Section 47112 of Title 49, United States Code. However, this preference
shall apply only where the individuals are available and qualified to perform the work to
which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement. Any modification to the
approved plans, specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated into 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
Airport Assurances (9/99)
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:
It will execute the project in accordance with the approved program
narrative contained in the project application or with the modifications
similarly approved.
It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
C. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
providedby the United States..
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in connection
with this grant.
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.
It understands and agrees that the Secretary's approval of this project
grant or the Secretary's approval of any planning material developed as
part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any activity or
action thereon which would interfere with its use for airport purposes. It
will suitably operate and maintain the airport and all facilities thereon or
connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for non -aeronautical
purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for -
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
Airport Assurances (9/99)
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and
maintenance. Further, nothing herein shall be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility
which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that
it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as is required to protect instrument and visual operations to the airport
(including established minimum flight altitudes) will be adequately cleared and protected
by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
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.
In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to -
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
C. Each fixed -based operator at the airport shall be subject to the same
rates, fees, rentals, and other charges as are uniformly applicable to all
other fixed -based operators making the same or similar uses of such
airport and utilizing the same or similar facilities.
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.
Each air carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
Airport Assurances (9/99)
8
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent
any person, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
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.
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 fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not conducted
in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport, taking into account such factors as the volume
of traffic and economy of collection. No part of the Federal share of an airport development,
airport planning or noise compatibility project for which a grant is made under Title 49, United
States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the
Airport Assurances (9/99)
•
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing
fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating.costs of the airport;,,the local airport system; or.other local facilities
which are owned or operated by the owner or operator of the airport and
which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations issued
before September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing statutes
controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the
airport, to support not only the airport but also the airport 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.
As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use,of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49, United
States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations
reports as the Secretary may reasonably request and make such reports
available to the public; make available to the; public at reasonable times and
places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms, conditions,
and assurances of 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 the Secretary and
make available to the public following each of its fiscal years, an annual
report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
Airport Assurances (9/99)
10
(ii) all services and property provided by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft
at all times without charge,except, if the use by Government aircraft,is_ substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in
excess of those which, in the opinion of the Secretary, would unduly interfere with use of
the landing areas by other authorized aircraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement)
of Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use
in connection with any air traffic control or air navigation activities, or weather -reporting
and communication activities related to air traffic control, any areas of land or water, or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary
or desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures (such as runways, taxiways, aprons, terminal buildings,
hangars and roads), including all proposed extensions and reductions of
existing airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not
make or permit any changes or alterations in the airport or any of its
facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency of the airport.
If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2) bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such property
Airport Assurances (9/99)
11
to
(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.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or benefiting from funds received
from this grant. This assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal financial assistance
is to provide, oris in the form of personal property or real property or interest therein or
structures or improvements thereon in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
For land purchased under a grant for airport noise compatibility purposes,
it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That
portion of the proceeds of such disposition which is proportionate to the
United States' share of acquisition of such land will, at the discretion of the
Secretary, 1) be paid to the Secretary for. deposit in the Trust Fund, or 2)
be reinvested in an approved noise compatibility project as prescribed by
the Secretary.
b. (1) For land purchased under a grant for airport development purposes
(other than noise compatibility), it will, when the land is no longer needed
for airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (a) upon
application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport
or within the national airport system, or (b) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (b) 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.
Disposition of such land under (a) or (b) ,will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for
program management, construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design, engineering, surveying, mapping or
Airport Assurances (9/99)
12
related services with respect to the project in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property
and Administrative Services Act of 1949 or an equivalent qualifications -based requirement
prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used
to 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 Garry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited
to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,
dated 10/05/00 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 pay or reimburse property owners for necessary
expenses as specified in Subpart B. (2) It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments
and assistance to displaced persons as required in Subpart D and 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 non discrimination in the award and administration of DOT -assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to cavy out its terms shall be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9/99)
13
Current FAA Advisory Circulars
Updated on: 04/30/01
NUMBER SUBJECT
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
(AIP)/March1989
150/5200-30A Airport Winter Safety and Operations
CHG 1 &2
150/5200-30A
Airport Winter Safety and Operations
CHG 1 &2
150/5210-513
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice
Control Equipment and Materials
150/5220-20
Airport Snow and Ice Control Equipment
CHG 1
J:/burled/entitle AC list spirit snowplow 04May01.doc
Page 1 of 1
0
sI
-,,,O FORM: AC10 Sponsor: City of Cape Girardeau
A proved: 3/91 (KR) Project No.: AIRE 025-77A
Revised: 4/01 (RMH) Airport Name: Cape Girardeau Regional
Modified: 5/01
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 - Purchase Airport Truck -mounted Snowplow
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'S REPRESENTATIVE
33. SPECIAL CONDITIONS
34. PLANS, SPECIFICATIONS AND ESTIMATES
35. WAGE LAWS
36. COMPETITIVE SELECTION OF CONTRACTOR
- 1 -
4
3i. REVIEW OF BIDS AND CONTRACT AWARD
33. NOTICE TO PROCEED
39. CHANGE ORDERS
SECTION III - GRANT ACCEPTANCE
--Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to
comply with grant requirements will jeopardize funding eligibility.
--Certificate of sponsor's attorney
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