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HomeMy WebLinkAbout155-05 RESOLUTION• RESOLUTION NO. 155-05 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION IN THE AMOUNT OF $1,165,206.00 AND APPROVING A CHANGE ORDER REDUCING THE CONTRACT AMOUNT BY $486,923 00, TO CONSTRUCT THE WEST GENERAL AVIATION APRON; APPROVING A 5% PROJECT CONTINGENCY OF $29,130.00; AND ACCEPTING GRANTS FROM THE FAA AND ARKANSAS DEPARTMENT MENT OF AERONAUTICS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to APAC-Arkansas, Inc., McClinton - Anchor Division in the amount of $1,165,206.00 and approving a Change Order reducing the contract amount by $486,923 00, to construct the West General Aviation Apron. A copy of the contract and Change Order, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a 5% project contingency of $29,130.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby accepts grants from the FAA and Arkansas Department of Aeronautics totaling $678,183.00. PASSED and APPROVED this 2nd day of August, 2005. .uumnnrr. :`mac. G\SY pr 6 •. -Pc: SV• ••13". :FAYETTEVILLE: ;9J,.9RKAN P. ) AT -TEST: '•.,,ju. Crnit... By: Ov\C1L4J Mnc ' SONDRA SMITH, City Clerk APPROVE By: AN COODY, Mayor CONTRACT • THIS AGREEMENT, made and entered into on the ana day of 2005, by and between McClinton -Anchor, a Division of APAC, herein called the ontractor, and the City of Fayetteville: WITNESSETH: That McClinton -Anchor, a Division of APAC, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: I. That McClinton -Anchor, a Division of APAC, shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled: West Side GA Apron Improvements, Fayetteville Municipal Airport, AIP Project 3-05-0020-034- 2005 Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications Drawings — 14 Sheets 2. That the City of Fayetteville hereby agrees to pay to McClinton -Anchor, a Division of APAC for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of One Million One Hundred Sixty Five Thousand, Two Hundred Six & 00/100 Dollars ($1,165,206.00). 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 150 days after the date when the Contract Time commences to run, as provided in the Noticc to Proceed. 4. Liquidated Damages: City of Fayetteville and McClinton -Anchor, a Division of APAC, recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and McClinton -Anchor, a Division of APAC, agrce that as liquidated damages for delay (but not as a penalty) McClinton -Anchor, a Division of APAC, shall pay City of 1: \200505212715 P EC STAA\00500. DOC Section 00500 - 1 • 1 Fayetteville Four Hundred Dollars ($400.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to McClinton -Anchor, a Division of APAC, on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by McClinton -Anchor, a Division of APAC, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by McClinton -Anchor, a Division of APAC, of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by McClinton - Anchor, a Division of APAC, in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by McClinton -Anchor, a Division of APAC, of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, McClinton -Anchor, a Division of APAC, shall, at its expense, within 5 days after the receipt of notice from the City of Fayetteville, fumish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to McClinton -Anchor, a Division of APAC, shall be deemed to be due under this Agreement until such new or additional security for the faithful perfor- mance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville, McClinton -Anchor, a Division of APAC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. ):\2005052127SPECSWAA\00500.DOC Section 00500 - 2 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts be deemed an original Contract. SEAL: ATTEST: c&vict t. City Clerk %%%%%Ftto =U� •A? FAYETfEVILLE• E % ,'y NG W:\200A052127\ SPECSIFAA 00500.DOC McClinton -Anchor, a Division of APAC By4Lvnt.0 A. £k leuViaielute Title CITY OF FAYETTEVILLE By It i / „:„.... Dan Coody, ayor Section 00500 - 3 • • Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DA ESUBMITTED July 2005 AppKaN bNNM1er FY052127 1. TYPE OF SUBMISSION' Applicator, El Conatnicuon 13Non-Construction PreapPkcaton 0 Constnactton 0 Non-Constnictioll 3. DATE RECCMD BY STATE Slaw Application Weather 4 DATE RECENT -ED BY FEDERAL AGENCY reMra TWNw 3-05-0020-034-2005 5. APPLICANT INFORMATION Legal Name. City of Fayetteville Organizational Una: Depanmeni: Airport Department Organizational DUNS' Division: Address: Name and telephone number of person to bo contacted on matters involving this application (give area code) Street: 4500 S. School, Suite F Prefix: Mr. First Name. Ray City: Fayetteville Middle Name: County: Washington Last Name: Boudreaux State: Arkansas J Zip Code: 72701 Suffix: Director of Emad rboudreaux©cl.fayetteville.ar.us Phone number (give area 476-718-7642 Aviation code): I FAX number (give area code): I 479-718-7646 Country: United States 6. EMPLOYER IDENTIFICATION NUMBER EIN): 7 I 1 _6 10 1 8 14 16 2 j 8 TYPE OF APPLICATION ® New • Contnualon ElRevisionI— 7. TYPE rOF APPLICANT: (See back of fonn lar Application Types) C� Other (specify) 11 Re ,son, enter appropriate letter(s) n boa(n): (See back of form for descrpton of letters) 9. NAME OF FEDERAL AGENCY SW Region Oren (specify)FAA 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: West Side General Aviation Apron Improvements 2 0 _ �NUMBER 1I0I6 TITLE'. 12. AREAS AFFECTED BY PROJECT Washington County, Arkansas (cities. counties. states. etc) 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Sian Date Sept 2005 Ending Date July 2006 a. Applcant Third b. Prayed Third 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes 0 THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b No. ❑ PROGRAM 15 NOT COVERED BY E. O. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal 3 928,030 as b. Applicant 1 200 O0 c. State S 48,844 To a. Local 1 DO e. Other S w 1. Program ncome $ O0 17. IS THE APPLICANT DEUNOUENT ON ANY FEDERAL DEBT? QYes It 'Yes' attach an explanation ® No g. TOTAL $ 977,074 00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Auihorued Representative Prefix Mr. 1 First Name Dan Last Name Coody Suffix b. Tine Mayor c. Telephone number (give area code) 479-575-8330 d. Signature of Authorized Representative e. Date Signed renous Edcoons Nol Usable AuIhortred tor Local Reproduction Standard Fpm 424 (Rev 9.2003) Prescribed by OMB Cucuta/ A-102 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAAVIATION ADMINISTRATION PART 0 1 PROJECT APPROVAL INFORMATION SECTION A OMB 110. 80-R0184 Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Goveming Body Primary Rating Item 2. Does this assistance request require State, or local advisory educational or health clearances? No Name of Agency or Board Yes X (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? X Yes No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency Date Item 5. Is the proposal project covered by an approved comprehensive plan? Yes X No Check one: State o Local o Regional o Location of Plan )tem 6. Will the assistance requested serve a Federal Installation? Yes X No Name of Federal Installation Federal Population benefiting from Project Item 7. Name of Federal Installation Will the assistance requested be on Federal land or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect on the environment? _Yes X No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of Individuals families, businesses, or farms? Yes X No Number of: Individuals. Families. Businesses. Farms. Item 10. Is there other related Federal assistance on this project previous. pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 2 • • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART 11 - SECTION C The Sponsor hereby represents and ccnifies as follows: oath NO. 04-80209 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Sponsor has adopted Drake Field Ordinance 2607, which regulates and restricts all land use activities in the vicinity of Fayetteville Municipal Airport, Drake Field. This ordinance was adopted January 20, 1980 and as amended. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the Unitcd States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There arc no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land' which are to be developed or uscd as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": The Sponsor holds fee simple title to Tract A and easements shown in Tract R of the attached property map, Exhibit "A". Title for Tracts A and 13 were approved under previous projects. Status has not changed since approval. Land and easements acquired under AIP 3-0020-05-11 & 15 include easements, Tracts C, D, F, J, G, and K; Fee Simple Tract D, E, and FI. State character of property interest in each area and list and identify for each all exceptions. encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The .separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a • 1 U.S. DEPARTMENT Of TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART 11 - SECTION C (Continued ) ouawo. 01-R0209 The Sponsor further certifies that the above is based on a title examination by a qualified attomcy or title company and that such attorney or title company has determined that thc Sponsor holds thc above interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land' on which such construction work is w be performed, all of which areas are identified on the aforementioned property map designatcd as Exhibit "A": None. (C) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which arc to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas arc identified on the aforementioned property map designated as Exhibit "A": None. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Fonn 5100-100 (4-76) Page 3b FAA AC 81-06913 • U.B. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • OMB NO. 8O -R0184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 2. Functional or Other Breakout 20.106 SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment • or (-) 1. Administration expense $ $ $ 1,500 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 53,300 5. Other Architectural engineering fees 7,400 6. Project inspection fees 28,150 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 886,724 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 977,074 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 977,074 17. Less: Ineligible Exclusions 200 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 976,874 20. Federal Share requested of Line 19 928,030 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 8 21) 928,030 23. Grantee share 200 24. Other shares (Ark Dept of Aeronautics) 48,844 25. Total Project (Lines 22 23 8 24) $ $ $ 977,074 AA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1- PAGES 1 THRU 7 Page 4 • U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION • SECTION C - EXCLUSIONS Classification Ineligiblefor Participation ( 1) Excluded From Contingency Provision (2) a. $ $ b. c. d. e. f. 9• Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) $ 200 d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 200 28. Other Shares a. State (Ark Dept of Aeronautics) 48,844 b. Other c. Total Other Shares 48,844 29. TOTAL $ 49,044 SECTION E — REMARKS Plans and Specifications, Dated: June 2005 Standard DOT Part V Assurances: Title IV Assurances, Dated: July 2005 Exhibit A, Dated: June 1991 PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100.1- PAGES 1 TIIRU 7 Page 5 • • PART IV PROGRAM NARRATIVE STATEMENT WEST SIDE GA APRON IMPROVEMENTS FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS The proposed improvements are located at Fayetteville Municipal Airport, Drake Field, Fayetteville, Arkansas. The objective of these improvements is to provide additional apron for GA aircraft parking and apron for future Corporate Hangars, in accordance with the ongoing Master Plan Update, as at numerous times the apron for the FBO parking is full of aircraft. 1. This apron area will provide additional GA Aircraft Parking and access to the future Corporate Hangars around part of this apron. J: \2005 05212 TC O R R E S W A R RAT I V E. 0630. D O C 'V Pi 171 7o C C O 2 H ro 9x n t m O z 0 rnz 0 H r • n n or m Z r- • r O • O r n m O n I me > r �H • z 0 0 m • Z m 1m .< > Z zn .T K m H r m o v > 0 > O r. v m m -nr -3 r 33 0 b v cn m X -.1 ro Po m0 < S H H n H . z H H H 0 z0� Z z 0 H m C H N 1-1H H z 1n n r m M M 0 m •1 m H r z 0 cn "D r Z \ m 6601 TV' co, „is tak H 0 .\1, a z e V1 m H !n rl nX m V G H P=79 =n p R� C y M 01 0 z N H Rt 0 In H H m r. m 1303.5' L AVMH91H 'S 1• •o _ \ H n 9 n a 9 H H N H c • H H n • 0 H f O H 1 :;-1 N C 530' r ? N U 73 H[*1HZ O n H 0 1807.1.7' 1 • U to 3NI1 Aill3d w O 1320' N O' 0 O 13'0' H m D N nm H 3 .z X � • • ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors 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. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from 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. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 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 Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a) et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201 et seq. d. Hatch Act - 5 U.S.C. 1501 et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601 et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 Airport Assurances (9/99) 1 • • 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. 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 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..; 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. 874.1 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 seq.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? 49 CFR Part 20 - New restrictions on lobbying. 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 Airport Assurances (9/99) 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. 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. 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. 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 or the Federal government, holds 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. Airport Assurances (9/99) 3 • • For noise compatibility program protects 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 title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in 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. b. 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. 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 specified 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. 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 specified 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. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, 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. Airport Assurances (9/99) 4 • • 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. 11 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 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. 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 Airport Assurances (9/99) 5 • • 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 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. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. 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 It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. 11 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. Airport Assurances (9/99) 6 • • It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the 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. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably 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 (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. 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. 21. 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 Airport Assurances (9/99) 7 • • 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, 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. 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 Airport Assurances (9/99) 8