HomeMy WebLinkAboutRES.952.07-05-1994 BILL NO. 94-167 RESOLUTION NO. �.�)
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A STATE BLOCK GRANT AGREEMENT WITH THE
STATE HIGHWAY AND TRANSPORTATION COMMISSION
FOR IMPROVEMENTS AT THE CAPE GIRARDEAU
MUNICIPAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. That the City of Cape Girardeau, Missouri, shall
accept and execute the state block grant agreement with the State
Highway and Transportation Commission of Missouri, for the purpose
of improvements at the Cape Girardeau Municipal Airport.
ARTICLE 2 . That the City of Cape Girardeau, Missouri, does
hereby ratify and adopt all statements, representations,
conditions, and covenants contained in the state block grant
agreement.
ARTICLE 3 . That the City Manager is hereby authorized and
directed to execute said state block grant agreement in
quadruplicate on behalf of the City of Cape Girardeau, Missouri,
and the City Clerk is hereby authorized and directed to impress
thereof the official seal of the City of Cape Girardeau, Missouri,
and to attest said execution.
ARTICLE 4 . That said block grant agreement provides for the
granting of financial assistance in the sum of Two Hundred Ten
Thousand Eight Hundred Eighty-Four pollars ($210,884. 00) in federal
and/or state funds to assist with a project described as follows:
Update master plan; reconstruct and expand apron,
construct connecting taxiway; improve lighting system;
install lighted wind indicators; upgrade water system to
meet national fire protection standards.
ARTICLE 5. That this resolution shall be in full force and
effect from and after the date of its adoption.
PASSED AND ADOPTED THIS � �-' -i_ DAY OF � � .:' '` `� , 19 ;�/ .
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A. M. Sp adling, III, yor
ATTEST:
Z��t �fn! :�l �?r'��r1�
Gayle �L. Conrad
Deputy City Clerk
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RESOLUTION VALIDATION
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
I, Gayle L. Conrad, Deputy City Clerk of the City of Cape
Girardeau, Missouri, within and for the County and State aforesaid,
do hereby certify that the foregoing in a full, true and complete
copy of RESOLUTION NO. �`�'� , A RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT WITH THE
STATE HIGHWAY AND TRANSPORTATION COMMISSION FOR IMPROVEMENTS AT THE
CAPE GIRARDEAU MUNICIPAL AIRPORT, as same is recorded in the
official records of the said City of Cape Girardeau, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed
the seal of said City of Cape Girardeau, Missouri, in my office in
Cape Girardeau, Missouri, this ,_�rr day of ��_ , 1994 .
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CCO FORM: AC10 Sponsor City of Cape Girardeau
Approved: 3/91 (KR)
Revised: 2/94 (MLH) Project No. AIR 935-77A
Modified:
Airport Name Cape Girardeau Municipal
OUTLINE
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 1987 and 1990)
--Project Description - Planning, Land/Easement Appraisals
and Acquisitions, Engineering Design, Construction
SECTION II - STANDARD AGREEMENT ITEMS
1. PURPOSE
2. AUTHORIZATION OF CONTRACTUAL AGREEMENT BETWEEN SPONSOR AND
COMMISSION
3. PROJECT TIME PERIOD
4. GRANT MADE ON PRELIMINARY PIANS AND SPECIFICATIONS AND/OR
ESTIMATES
5. TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY
6. AMOUNT OF GRANT
7. AMOUNT OF MATCHING FUNDS
8. ALLOWABLE COSTS
9. WITHDRAWAL OF GRANT OFFER
10. EXPIRATION OF GRANT OFFER
11. FEDERAL SHARE OF COSTS
12. RECOVERY OF FEDERAL FUNDS
13. PAYMENT
14. ADMINISTRATIVE/AUDIT REQUIREMENTS
15. APPENDIX
16. SPECIAL CONDITIONS
17. ASSURANCES/COMPLIANCE
18. LEASES/AGREEMENTS
19. NONDISCRIMINATION ASSURANCE
20. SPONSORS DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
21. DISADVANTAGED BUSINESS ENTERPRISES (DBE) - PROFESSIONAL
SERVICES
22. CANCELLATION
23. VENUE
24. LAW OF MISSOURI TO GOVERN
25. WORK PRODUCT
26. CONFIDENTIALITY
27. NONSOLICITATION
28. DISPUTES
29. INDEMNIFICATION
30. HOLD HARMLESS
31. NOTIFICATION OF CHANGE
32. DURATION OF GRANT OBLIGATIONS
33. AMENDMENTS
34. PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS
35. ASSIGNMENT
36. BANKRUPTCY
37. COMMISSION'S REPRESENTATIVE
SECTION III - PIANNING
38. AIRPORT LAYOUT PLAN (ALP)
39. AIRPORT PROPERTY MAP
40. ENVIRONMENTAL IMPACT EVALUATION
41. EXHIBIT "A" PROPERTY MAP
SECTION IV- DESIGN
42. ENGINEER'S DESIGN REPORT .
43. GEOMETRIC DESIGN CRITERIA
44. PLANS, SPECIFICATION AND ESTIMATES
V- CONSTRUCTION
45. CONSTRUCTION MANAGEMENT/INSPECTION REQUIREMENTS
46. CONSTRUCTION PROGRESS AND INSPECTION REPORTS
47. WAGE LAWS
48. COMPETITIVE SELECTION OF CONTRACTOR
49. REVIEW OF BIDS AND CONTRACT AWARD
50. NOTICE TO PROCEED
51. DISADVANTAGED BUSINESS ENTERPRISES (DBE) - CONSTRUCTION
52. LABOR STANDARDS INTERVIEWS
53. AIR AND WATER QUALITY STANDARDS
54. FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION
55. CHANGE ORDERS
56. RESPONSIBILITY FOR PROJECT SAFETY
57. AS-BUILT PIANS
VI - GRANT ACCEPTANCE
--Signature by sponsor constitutes acceptance of grant terms
and conditions
--Certificate of sponsor's attorney
, � .
CCO FORM: Sponsor City of Cape Girardeau
Approved: 3/91 (KR)
Revised: 2/94 (MLH) Project No. AIR 935-77A
Modified: '
Airport Name Cape Girardeau Municipal
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
STATE BLOCK GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highway 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 Commission has been selected by FAA to administer state block
grant federal funds under said program; and
WHEREAS, Sponsor has applied to the Commission for a subgrant under said
program; and
WHEREAS, the Commission has agreed to award said funds to Sponsor with the
understanding that such funds will be used for a project pursuant to this Agreement for
the purposes generally described in Sponsor's grant application dated April 14, 1993,
and spec�fically described in the letter of tentative allocation of funds dated June 10,
1993, as follows:
Update master plan; reconstruct and expand apron, construct connecting
taxiway; improve lighting system; install lighted wind indicators; upgrade
water system to meet nat�onal fire protection standards;
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 Sponsor under the State Block Grant Pilot Program.
(2) AUTHORIZATION OF CONTRACTUAL AGREEMENT BETWEEN
SPONSOR AND COMMISSION: In conjunction with the Sponsor entering into this
contractual Agreement for the airport grant, the local governing body shall pass an
ordinance or equivalent binding resolution of record authorizing the acceptance of the
grant and all contractual conditions and covenants in association with it. The ordinance
or resolution must also specify the authority of the local officials to execute this
Agreement.
(3) PROJECT TIME PERIOD: The project period shall be from date of
execution by the Commission to December 31, 1994. For good cause shown by the
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Sponsor, the Commission's Chief Engineer may, in writing, extend the project time
period.
(4) GRANT MADE ON PRELIMINARY PLANS AND SPECIFICATIONS
AND/OR ESTIMATES: This grant is made and accepted upon the basis of preliminary
plans and specifications and/or estimates. Within 180 days from the date of acceptance
of this grant, the Sponsor shall furnish final plans and specifications to the Commission.
Construction work shall not be commenced hereunder, and a contract shall not be
awarded for the accomplishment of such work until the final plans and specifications
have been approved by the Commission. Any reference made in this grant to plans and
specifications shall be considered as having reference to said final plans and
specifications as approved.
Since this grant is made on preliminary plans and specifications and/or estimates,
the grant dollar amount is subject to revision (increase or decrease) after actual project
costs are determined through negotiations, appraisals and/or bids. The Sponsor
agrees that said revision will be at the sole discretion of the Commission, and the
Sponsor agrees to execute an amendment to the grant Agreement as provided by the
Commission to effect said revision.
(5) TITLE EVIDENCE TO EXISTING AIRPORT PROPERIY: The Sponsor shall
provide satisfactory evidence of fee simple title to all existing airport property and
AVIGATION easements and address any and all encumbrances. A title opinion for each
parcel shall be provided by a qualified attorney.
(6) AMOUNT OF GRANT: The amount of this grant is not to exceed $210,884.
(7) AMOUNT OF MATCHING FUNDS: The amount of local matching funds to
be furnished by the Sponsor is $23,432.
The Sponsor warrants to the Commission that it has sufficient cash on deposit to
provide the local matching funds to complete the project.
(8) 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 1987 and 1990) and the Code of Federal Regulations Title 49 Part 18.
(9) 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.
(10) 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 August 1, 1994, or
such subsequent date as may be prescribed in writing by the Commission.
(11) FEDERAL SHARE OF COSTS: Payment of the United States share of the
a�lowable project costs will be made pursuant to and in accordance with the provisions
of such regulations and procedures as the Secretary of the U.S. 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.
(12) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully, or
in violation of federal antitrust statutes, or misused in any other manner in any project
upon which federal funds have been expended. For the purpose of this grant
Agreement, the term "federal funds" means funds however used or disbursed by the
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Sponsor that were originally paid pursuant to this or any other federal grant Agreement.
The Sponsor shall return the recovered federal share, inciuding 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, lit�gation, 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.
(13) PAYMENT: Payments to Sponsor are made on a reimbursement basis.
The Sponsor may request incremental payments during the course of the project or a
lump sum payment upon completion of the work.
The Sponsor may request reimbursement at any time subsequent to the
execution of this Agreement by both parties. Requests for reimbursement shall be
supported with paid invoices and copies of checks.
It is understood and agreed by and between the parties hereto that the
Commission shall make no payment which could cause the aggregate of all payments
under this Agreement to exceed 90 percent of the maximum federal (block grant)
obligation stated in this Agreement or 81 percent of actual total project cost, whichever is
lower, until the Sponsor has met and/or performed all requirements of this grant
Agreement.
Within 90 days of final acceptance of the project funded under this grant, sponsor
shall provide to the Commission 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 Sponsors normal annual audit is completed.
When force account (Sponsor's employees) 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.
(14) 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.
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.
In the event a final audit has not been performed prior to closeout 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.
(15) 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.
(16) SPECIAL CONDITIONS: The following special conditions are hereby made
part of this Agreement:
.,
(A) Lobbyinq and Influencina Federal Employees: The Sponsor shall
execute the form entitled "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS" included in the grant appendix. All contracts awarded
by the Sponsor shall include the requirement fo,r the recipient to execute this certification.
(reference 49 CFR Part 20). �
This requirement affects grants or portions of a grant exceeding $100,000.
(B) Buy American Requirement: Unless otherwise approved by FAA,
the Sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any
project for airport development or noise compatibility for which funds are provided under
this grant. The Sponsor will include in every contract a provision implementing this
special condition.
(C) Safety Inspection: The Sponsor shall eliminate all deficiencies
identified in the most recent annual safety inspection report (Airport Master Record 5010-
1). If immediate elimination is not feasible, the Sponsor shall provide a satisfactory plan
to eliminate the deficiencies and include this plan with phased development as outlined
in a current and approved airport layout plan.
(D) Navigational Aids: Except for instrument landing systems acquired
with AIP 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 during the useful life of the equipment. The sponsor must check the facility,
including instrument landing systems, prior to commissioning to ensure it meets
operational standards. The sponsor must also remove, relocate, or lower each
obstruction on the approach or provide for the adequate lighting or marking of the
obstruction if any aeronautical study conducted under FAR Part 77 determines that to be
acceptable; and mark and light the runway, as appropriate. The FAA will not take over
the ownership, operation, or maintenance of any sponsor-acquired equipment, except
for instrument landing systems.
(E) Environmental Due Diligence Audit (EDDA,�: The Sponsor shall
conduct an Environmental Due Diligence Audit (EDDA) of all NAVAID (electronic
navigational equipment) sites that will be established or relocated with federal (block
grant) funds. This includes existing equipment that is currently owned and operated by
FAA Airways Facilities or new equipment for which the Sponsor will be requesting FAA
maintenance.
(� Notice to Bidders - Required Language: 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 Lanauac�e: The Sponsor
shall include the following special provisions for federally funded airport construction
projects. By entering into this contract, the Sponsor 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 Sponsor further agrees to include within its contracts and
subcontracts governing this work, a provision which requires those contractors to
comply with Executive Order 12818 (except as they may be exempted by the terms of
the executive order itsel�.
_d_
The contractor understands, and agrees to inform its own contractors and
subcontractors, that failure to comply with this 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 Sponsor also
understands that the Sponsor has no policies or contractual provisions which violate
Executive Order 12818.
(17) ASSURANCES/COMPLIANCE: The Sponsor shall adhere to FAA
standard airport Sponsor assurances and current FAA advisory circulars (AC's) for
Airport Improvement Program (AIP) projects as outlined in attached Exhibit 1. These
assurances and advisory circulars are hereby incorporated into and made part of this
Agreement.
The Sponsor shall review the assurances and advisory circulars in Exhibit 1 and
Order 5190.6A entitled "Airport Compliance Requirements" dated October 2, 1989, 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.
(18) LEASESfAGREEMENTS: The Sponsor shall incorporate 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.
Long term commitments (longer than 5 years) must provide for renegotiation of
the terms and payments at least every 5 years.
Leases/agreements shall not contain provisions which 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.
(19) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Sponsor agrees as follows:
(A) Civil Riqhts Statutes: The Sponsor shall comply with all state and
federal statutes relating to nondiscrimination, includmg but not limited to Title VI and Title
VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as any
applicable titles of the Americans with Disabilities Act). In addition, 'rf the Sponsor is
providing services or operating programs on behalf of Department or:the Commission, it
shall comply with all applicable provisions of Title II of the Americans with Disabilities Act.
(B) Executive Order: The Sponsor shall comply with all the provisions
of the executive order executed by the Honorable Mel Carnahan, Governor of Missouri,
on the fourteenth (14th) day of January 1994, promulgating a code of fair practices in
regard to nondiscrimination, which is incorporated herein by reference and made a part
of this contract. This order prohibits discriminatory employment practices by Sponsor or
its subcontractors based on race, color, religion, creed, national origin, sex, age or
disability.
(C) Administrative Rules: The Sponsor shall comply with the
administrative rules of the U.S. Department of Transportation relative to
nondiscrimination in federally-assisted programs of the U.S. Department of
Transportation (49 CFR Subtitle A, Part 21) which are herein incorporated by reference
and made part of this Agreement.
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(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. In 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.
(� Information and Reports: The Sponsor shall provide all information
and reports required by the 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 U.S.
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 U.S. 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 U.S. Department of Transportation may
determine to be appropriate, including but not limited to:
1. Withholding of payments to grantee under the Agreement
until the Sponsor complies; and/or
2. Cancellation, termination or suspension of the Agreement, in
whole or in part, or both.
(H) Incorporation of Provisions: The Sponsor shall include the
provisions of paragraph 19 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
U.S. Department of Transportation. The Sponsor will take such action with respect to
any subcontract or procurement as the Commission or the U.S. Department of
Transportation may direct as 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.
(20) SPONSOR'S DISADVANTAGED BUSINESS ENTERPRISE (DBE
PROGRAM: Sponsor shall adopt a DBE program acceptable to the Commission, when
the grant amount exceeds $75,000 for planning projects or $250,000 for development
projects. Only DBE firms certified by the Commission will qualify when considering DBE
goal accomplishments.
(21) DISADVANTAGED BUSINESS ENTERPRISES (DBE� - PROFESSIONAL
SERVICES: Disadvantaged business enterprises that provide professional services,
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such as architectural, engineering, surveying, real estate appraisals, accounting, etc., will
be afforded full and affirmative opportunity to submit qualification statements and will not
be discriminated against on grounds of race, color, sex or national origin in
consideration for selection for this project. The DBE goals for professional services are
as follows: �
0 percent
(22) CANCELLATION: The Commission may cancel this Agreement at any
time the Sponsor breaches the contractual obligations by providing 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 which 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 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.
(23) 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 respecting its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(24) LAW OF MISSOURI TO GOVERN: The Agreement shall be construed
according to the laws of the state of Missouri. The Sponsor shall also comply with all
local, state and federal laws and regulations relating to the performance of this
Agreement.
(25) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
Sponsor at the direction of the Commission shall be considered the property of the
Sponsor. However, copies shall be made available to Commission upon request.
Information documents, reports, exhibits, etc. supplied by the Commission shall remain
the property of the Commission.
(26) 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.
(27) 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,
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percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Commission shall have the right to annul this Agreement without liability, or
in its discretion, to deduct from the agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or
contingent fee.
(28) DISPUTES: Any disputes of fact which might develop as a result of this
Agreement shall be decided by the Commission.
(29) 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 the 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's pertormance under the 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.
(30) 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.
(31) 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 required or submitted hereunder shall be deemed given if personally
delivered or mailed by registered or certified mail, return receipt requested and postage
prepaid, to the following addresses of the parties or such other addresses as either party
shall from time to time designate by written notice.
Commission:Administrator of Aviation
Highway and Transportation Department
State of Missouri
P.O. Box 270
Jefferson City, MO 65102
(314) 751-2589
Fax (314) 526-4709
Sponsor: City of Cape Girardeau
P.O. Box 617
Cape Girardeau, MO 63702
(314) 334-1212
(32) 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 (17), but in any event not to exceed
twenty (20) years. There shall be no limit on the duration of the assurance, referenced in
paragraph 23 against exclusive rights.
-�-
The financial assistance provided hereunder constitutes a grant to the Sponsor.
Neither the Commission nor FAA will have title to the improvements covered by this
grant as title to same shall vest in the Sponsor.
For the period as specified in Section 17 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.
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 origmally 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 #ransferee becomes obligated
thereunder as if the transferee had been the original owner thereof.
(33) AMENDMENTS: Any change in this Agreement, whether by modification
and/or supplementation, must be accomplished by a formal Agreement amendment
signed and approved by duly authorized representatives of the Sponsor and the
Commission.
(34) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts
for professional services are to be procured by competitive proposals per federal
procurement requirements (49 CFR 18.36). Minimum requirements are that requests for
proposals/qualifications be published in local area newspapers for services expected to
cost more than $25,000 in the aggregate. Small purchase procedures (telephone
solicitations) may be used for services costing $25,000 or less.
All professional services contracts are subject to review and approval by the
Commission prior to execution by the Sponsor.
(35) ASSIGNMENT: The Sponsor may not assign its rights or delegate its
performance hereunder without the prior written consent of the Commission, and any
attempted delegation or assignment shall be void.
(36) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against 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 the Agreement and hold the
Sponsor responsible for damages.
(37) COMMISSION'S REPRESENTATIVE: The Commission's chief engineer is
designated as the Commission's representative for the purpose of administering the
provisions of this Agreement.
(38) AIRPORT LAYOUT PLAN (ALP): All improvements must be consistent with
a current and approved Airport Layout Plan (ALP). The Sponsor shall update and keep
the ALP drawings and corresponding narrative report current with regard to FAA
Standards and physical or operational changes at the airport.
_o_
(39) AIRPORT PROPERTY MAP: The Sponsor shall develop (or update), as a
part of the ALP, a drawing which indicates how various tracts of land within airport
boundaries were acquired (i.e., federal funds, surplus property, local funds only, etc.).
Easement interests in areas outside the fee ,property line shall also be included. A
screened reproducible of the Airport Layout Drawing may be used as the base for the
property map.
(40) ENVIRONMENTAL IMPACT EVALUATION: The Sponsor shall evaluate
the potential environmental impact of this project per federal order 5050.4A-Airport
Environmental Handbook. Evaluation must mclude 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.
(41) 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 of land proposed to be acquired in connection with the
project. In addition, the map must indicate, by appropriate symbols or other markings,
the property interest (fee title, AVIGATION easement, etc.) Sponsor holds in each tract or
parcel of airport land and the property interest to be acquired in each tract or parcel of
land in connection with this project.
(42) 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,
lifecycle, cost analysis, geotechnical report and any other elements that support the
engineers final plans and specifications.
(43) GEOMETRIC DESIGN CRITERIA: The geometric design criteria shall be
those promulgated by FAA in the advisory circular (AC) series and agency 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.
(44) PLANS. SPECIFICATIONS AND ESTIMATES: The plans and construction
specifications for this project shall be those promulgated by the FAA in the AC series and
agency orders.
The plans shall include a safety plan sheet to identify work areas, haul routes,
staging areas, restricted areas, etc., and to specify the requirements to ensure safety
during construction.
The Sponsor shall submit all plans, specifications and estimates to the
Commission for review and approval prior to advertising for bids for construction.
(45) CONSTRUCTION MANAGEMENT/INSPECTION REQUIREMENTS: In
conjunction with submittal of the construction bid tabulation, the Sponsor shall provide a
construction management/inspection program setting forth a format for accomplishment
of resident observation, construction inspection and overall quality assurance.
(46) 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.
i!1
Project oversight by the Commission's project engineer or other personnel does not
relieve the Sponsor of this responsibility.
The Sponsor shall require the resident engineer to keep daily construction
records and shall submit to the Commission a weekly construction progress and
inspection report on FAA form 5370-1 completed by the project resident engineer. A
weekly summary of tests completed shall be included.
Prior to final inspection, the Sponsor shall provide to the Commission a testing
summary report including a certification from the engineer that the completed project is
in compliance with the plans and specifications.
(47) WAGE IJ�WS: The Sponsor and its subcontractors shall pay the prevailing
hourly rate of wages for each craft or type of workmen 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 "Work Hours Act of
1962", Public Law 87-581, 76 Stat. 357, as amended, 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.
(48) �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). Minimum requirements are that bid notices
be published in a qualified (local or area) newspaper or other advertisement publication
located in the same county as the airport project.
(49) 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.
(50) NOTICE TO PROCEED: After the Commission's approval of the successful
bidder and approval of the construction contract between the Sponsor and the
contractor, and performance and payment bonds, the Commission will authorize the
Sponsor to issue a notice to proceed w�th construction.
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.
This includes existing airport property as well as any land or easements acquired
under this project.
(51) DISADVANTAGED BUSINESS ENTERPRISES (DBE) - CONSTRUCTION:
The Sponsor shall notify prospective bidders that disadvantaged business enterprises
will be afforded full and affirmative opportunity to submit bids in response to the invitation
and will not be discriminated against on grounds of race, color, sex or national origin in
consideration for an award.
The goal for this project to be awarded to DBE firms shall be 9% of the federal
portion of the contract costs less the amount expended for land, easements, the
Sponsor's in-house administration, force account work and any noncontractual costs.
Failure to meet the DBE goal can render a bid proposal non responsible at the
Commissions discretion.
-1 i
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 progr.ess reports.
(52) 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.
(53) 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.
(54) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: FAA
form 7460-1 must be completed and submitted to the Commission not less than 120
days prior to commencement of any construction or alteration. The Commission will
forward said form to the FAA central region office after it is received from the Sponsor.
This form must be submitted for construction of permanent structures on the
airport, temporary structures over 20 feet in height or use of construction equipment
over 20 feet tall (not necessary for routine construction projects). If a project requires
that a form 7480 be filed, it is not necessary to file form 7460.
(55) CHANGE ORDERS: The Sponsor shall submit to the Commission, for
prior approval, changes that alter the costs of the project, functional layout, or other
characteristics of the plans and specifications.
(56) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the
project, the Sponsor shall be responsible for the installation of any signs, markers or
other devices required for the safety of the public. All markers or devices required on the
airport will conform to any FAA regulations or specifications that may apply.
The Sponsor shall ensure that a safety plan is included in the contract documents
and that the Sponsor complies with the safety plan during construction.
It is also the responsibility of the Sponsor to issue, through the applicable FAA
Flight Service Station, any and all Notices to Airmen (NOTAM's) that may be required.
Copies of notices shall also be sent to the Commission as soon as they are filed.
(57) AS-BUILT PLANS: The Sponsor shall provide two (2) sets of blueline as-
built construction plans and two (2) sets of the airport layout plan with narrative report to
the Commission upon project completion. The Commission will forward one (1) set of
each to FAA central region office.
IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below.
Executed by the Sponsor this day of , 19
Executed by the Commission this day of , 19
�n
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION SPONSOR CITY OF CAPE GIRARDEAU
By By
Title Title
Attest: Attest:
By
ecre ary o e ommission
Titie
Approved as to Form:
ommission ounse r inance eso u ion o.
_,�_
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as attorney for the Sponsor do
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have examined the
foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official
representative has 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, the Airport and Airway Safety and Capacity Expansion
Act of 1987, and the Aviation Safety and Capacity Expansion Act of 1990. 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.
Signature of Sponsor's Attorney
j/cBr/cont/AC10
i�
AVIATION 37, 8 DEB Sponsor City of Cape Girardeau
REV 2/94
Project No. AIR 935-77A
Airport Name Cape Girardeau Municipal
APPENDIX OUTLINE
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 .
Each appendix item description is preceded by the number of the
agreement paragraph to which it applies.
Paragraph
Number Description
5, 41 Guidelines - Satisfactory Evidence of Good
Title
5, 41 Guidelines - Exhibit "A" Property Map
13 Form 270-102 - Request for Advance or
Reimbursement (Planning, Design,
Land/Easement Acquisition)
13 Form 271-102 - Outlay Report and Request for
Reimbursement for Construction Programs
14 Circular A-87 - Cost Principles for State and
Local Governments
14 , 20, 21, 49 CFR Part 18 - Uniform Administrative
34, 48, 51 Requirements for Grants and Cooperative
Agreements to State and Local Governments
14 49 CFR Part 90 - Audits of State and Local
Governments
16 Form - Certification for Contracts, Grants,
Loans and Cooperative Agreements
16 Buy American Requirement
16 Phase I Environmental Due Diligence Audit -
Instruction Manual
D�nc l nf� '2
17 Order 5190 . 6A - Airport Compliance
Requirements/October 1989
17 Guidelines - Pavement Maintenance Program/
September 1992
20, 21, 51 Disadvantaged Business Enterprise (DBE) -
Approved Firms/October 1993-updated monthly
19, 20, 21, 51 Advisory Circular (AC 150/5100-15A--Civil
Rights Requirements for the Airport
Improvement Program (AIP) /March 1989
19 Missouri Executive Order 94-03
38, 39, 40, Advisory Circular (AC) 150/5070-6A--Airport
43 Master Plans/June 1985
38, 39, 40, Airport Layout Plan (ALP) Checklist/
43 Certification
38, 39 Guidelines - Agricultural Leases on Airports/
November 1990
38, 39, 40, 41 Advisory Circular (AC) 150/5300-13--Airport
42, 43 Design/September 1989
(Change 1 - June 1991)
(Change 2 - February 1992)
(Change 3 - September 1993)
39 Guidelines - Airport Property Maps/
November 1988
38, 40 Order 5050 .4A-Airport Environmental Handbook/
October 1985
38 , 40 Form MO 780-1027--Questionnaire to Determine
Need for Cultural Resource Assessment/
March 1986
40 Categorical Exclusion (CE) Checklist
42, 43 , 44, 45, Advisory Circular (AC) 150/5300-9A--
46, 47, 48, 49, Predesign, Prebid and Preconstruction
50, 51, 52, 53 , Conferences for Airport Grant Projects/
54 , 55, 56 May 1985
42, 43 , 44 , 45, Advisory Circular (AC) 150/5370-10A--
46, 47, 48, 49, Standards for Specifying Construction of
50, 51, 52, 53 , Airports/February 1989
54, 55, 56 (Revisions-August 1989)
(Change 1 - June 1990)
(Change 2 - November 1990)
(Change 3 - January 1991)
(Change 4 - July 1992)
(Change 5 - April 1993)
(Central Region Revisions - July 1991)
(Central Region Revisions - March 1993)
42, 43 , 44 Guidelines - Preparation of Plans and
Specifications for Airport Construction
Under the Airport Improvement Program (AIP)
42 , 43 , 44 Plans and Specifications Checklist
42 Order 5300 . 1E - Approval Level for
Modification of Agency Airport Design
and Construction Standards/October 1991
45 Construction Management/Inspection
Requirements
45, 46 Guidelines - Weekly Summary of Project Test
Reports
45, 46 Form 5370-1--Construction Progress and
Inspection Report
47 Form PW-1 - Request for Wage Determination
54, 55 Contractor Eligible Bidder List (financial
statement on file) /January 1994
54 Form 7460-1 --Notice of Proposed
Construction or Alteration
55 Form - Change Orders
56 Advisory Circular (AC) 150/5370-2C--
Operational Safety on Airports During
Construction/May 1984
56 A Guide to Ground Vehicle Operations
on the Airport/August 1990
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