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Aecom Technical Services-6/20/2011 (2)
A COM May 12, 2011 Mr. Bradley Hagen, A.A.E. Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Rehabilitate Apron Phase 3A Waterloo Regional Airport City of Waterloo, Iowa FAA AIP Project Nos. 3-19-0094038 AECOM ID No. 60180998 Dear Mr. Hagen: AECOM 515 2441470 tel 500 SW 7th Street 515 244 4803 fax Suite 301 Dee Moines, Iowa 50309 www.aecom.com We have reviewed the five (5) bids received on May 2, 2011, for the above-mentioned project for the Waterloo Regional Airport. Attached is a tabulation of bids for this project. We found no errors in the bids received. We have attached a copy of the bid received from the low bidder. The total amount of the low bid received from Allied Manatts Group LLC of Charles City, Iowa is 82.8 percent of the Engineer's Estimate. In the tabulation of bids we identified the proposed DBE participation for each bidder. The low bid indicates a DBE participation of 7.5 percent which meets the goal established for this project. Based on the information submitted by Allied Manatts Group LLC with their bid, it is our opinion that they have met the intent of "Good Faith Efforts" to achieve DBE participation in this project. We recommend awarding the project to Allied Manatts Group LLC in the amount of $296,934.00. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, Enclosure: As noted cc: Mr. Louis Starks, City of Waterloo (w/enclosures) Mr. Ed Hyatt, Federal Aviation Administration (w/enclosures) Mr. Doug Schindel, AECOM (w/enclosures) LAwork\projecfl60180998V1dminlhansc1BH051211.recommendadon.ltr.doc Tabulation of Bids Rehabilitation Apron Phase 3A Waterloo Municipal Airport Waterloo, lowa FAA AIP 3-19-0094-038 AECOM Project No. 80150403 Bld Date: 512/2011 Engineer's Estimate Allied Manatts Group LLC P.C. Box 687 Charles City, Iowa 50616 641-2284256 Peterson Contractors, Inc. 104 Blaekhawk Street P.O. Box A Reinbeck, owe 50669 319-345-2713 KCunningham Construction Co., Inc. 1025 Center Street Cedar Fells, Iowa 50613 (319) 277-3001 W cks Construction Inc. 2201 State Hwy 9 P.O. Box 428 Decorah, Iowa 52101 563-382-2325 Cedar Valley Corp. 2637 Wagner Road P.O. Box 1740 Waterloo, owe 50703 (319) 235-9537 Item No. Spec. No. Description Un8 Estimated Quantity Estimated Unit Price Estlnated Amount Unit Bid Price Bid Amount Unit Bid Price Bld Amount Unit Bid Price Bid Amount Unit Bid Price Bid Amount Unit Bld Price Bid Amount 1 P-100-4.1 Mobilization and Demobilization LS 1.0 $ 32 000.00 $ 32,000.00-5 39,300.00 $ 39,300.00 $ 40,000.00 $ 40,000.00 $ 33,000.00 $ 33,000.00 $ 50,000.00 $ 50,000.00 $ 12,500.00 $ 12,500.00 2 GP 50-06 Construction Survey LS 1.0 $ 7,500.00 $ 7 500.00 $ 4 000.00 $ 4,000.00 $ 3,500.00 $ 3,500.00 $ 2,600.00 $ 2,600.00 $ 5000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 3 P-101-5.1 Pavement Removal SY 3,850.0 $ 10.00 $ 38 500.00 $ 7.00 5 26,950.00 9 7.00 9 26,950.00 5 7.60 $ 29,260.00 5 7.00 $ 28,950.00 $ 8.54 $ 25,179.00 4 P-101-52 Storm Sewer Pipe Removal LF 5.0 $ 10.00 $ 50.00 $ 25.00 $ 125.00 $ 100.00 $ 500.00 $ 100.00 $ 500.00 $ 25.00 $ 125.00 $ 100.00 $ 500.00 5 P-101-5.3 Storm Sewer Structure Removal EA 1.0 $ 750.00 $ 750.00 $ 350.00 $ 350.00 $ 5,160.00 $ 2,250.00 $ 30.00 $ 2,250.00 $ 12,900.00 $ 2,250.00 5 12.00 $ 2,250.00 $ 5,160.00 $ 350.00 $ 12.00 $ 350.00 5 5,160.00 $ 2,250.00 $ 5.18 $ 2250.00 5 2,218.80 6 P-152-4.1 Unclassified Excavation CY 430.0 $ 12.00 $ 5,180.00 5 12.00 7 P-208.5.1 Crushed Aggregate Base Course CY 675.0 $ 40.00 $ 27 000.00 $ 43.00 $ 29 025.00 5 47.00 $ 44.00 $ 46.00 $ 31,725.00 $ 36,080.00 $ 132,250.00 $ 50.40 $ 51.60 $ 52.50 $ 34,020.00 $ 42,312.00 $ 150,937.50 $ 40.00 $ 49.77 $ 5324 5 27,000.00 $ 40,811.40 $ 153,085.00 5 49.02 $ 67.37 $ 72.97 5 33,088.50 $ 55,243.40 $ 209,788.75 8 P-501-0.1 Portland Cement Concrete Pavement - 8' Thickness SY SY 820.0 2 875.0 5 55.00 5 65.00 $ 45100.00 $ 186,875.00 $ 42.00 $ - 48.00 $ 34,440.00 $ 132,250.00 9 P-501-8.2 Portland Cement Concrete Pavement -12' Thickness 10 P-501-8.3 Asphalt Transition Pavement TON 65.0 $ 200.00 $ 13,000.00 $ 275.00 $ 17,875.00 $ 275.00 $ 17,875.00 $ 275.00 $ 17,875.00 $ 275.00 5 17 875.00 $ 275.00 $ 17,875.00 11 P-620-5.1 Apron Marking (Yellow -Reflective -Waterborne)_ SF 360.0 $ 1.50 $ 540.00 $ 3.40 $ 1,224.00 5 3.50 $ 2.75 $ 1,260.00 $ 1,308.25 $ 8.00 $ 6.00 $ 2,880.00 $ 2,850.00 5 425 $ 425 $ 1,530.00 $ 2,018.75 $ 3.40 $ 2.60 $ 1,224.00 $ 1,235.00 12 P-620-5.3 Apron Marking (Blacko-Non-Reflective-Waterbome) SF 475.0 $ 125 $ 593.75 $ 2.60 -$ 1 x5.00 13 0-751-5.1 Storm Sewer Intake EA 1.0 $ 1,500.00 $ 1,500.00 $ 5,000.00 $ 5,000.00 $ 10,500.00 $ 10,500.00 $ 10,015.00 $ 10,015.00 $ 5,000.00 $ 5,000.00 $ 10,100.00 $ 10,100.00 Total Base Bid Amount Percent of Engineer's Estimate of Probable Construction Cost $ 358,588.75 $ 296,934.00 82.8% $ 317,09825 88.4% $ 333,859.50 93.1% $ 334,885.15 93.4% $ 375,202.45 104.6% DBE Utilization Statement 7.50% 50.00% 8.70'% 0.00% 7.50% PROPOSAL FORM FOR IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT CONSISTING OF REHABILITATE APRON PHASE 3A AT THE:. WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP PROJECT NO. 3-19-0094-038 Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Gentlemen: 1. The undersigned hereby certifies that he has examined the Form of Contract, Plans, and Specifications for the Construction of. Improvements to the Waterloo Regional. Airport consisting of Rehabilitate Apron Phase 3A at the Waterloo Regional Airport, Waterloo, Iowa, FAA AIP Project. No. 3-19-0094-038, and has examined the site of the work and is familiar with local conditions pertaining to the work. 2. The extent of the work involved in Phase 3A of the Terminal Apron Rehabilitation, including removal of existing pavement, removal and replacement of existing intake, installation of subbase course, placement of 8 -inch and 12 -Inch Portland Cement Concrete pavement, placement of asphalt transition pavement, placement of pavement marking, and all other incidental work associated with this project. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications: 3. The undersigned, in compliance with your invitation. for Bids dated 5/2/11 , hereby proposes to do the work called for in said Contract and Specifications and shown on said Plans and Addendum Nos. and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at the following rates and prices: ITEMIZED PROPOSAL. WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: '.REHABILITATEAPRON:PHASE 3A FAA AIP PROJECT NO. 3-19-0094-038 BASE BID Estimated Unit Total Item Spec. NoNo. Description Unit quantity Bid Price Bid Price . coo P100-4.1 Mobilization and Demobilization' LS 1.0 $ 39 :3 'O $ . ',3� 300 m `13')GP 50-06 .Construction Survey u ` LS 1.0 $ 4 oo$ 4L cot> P-101-5.1. Pavement Removal SYD 3,850.0 $ W $ 24 iiSo`1'. FAA AIP # 3-19-0094-038 AECOM Project #60180998 P-1 Waterloo Regional Airport Rehabilitate Apron Phase 3A 966oeL Q9t o foal VAl003Y 8£t! i7600Y6t E ## dIH Wd' sly .A.9 4ue ae sal}f1ioe,; pp}e6aJ6as due §aaAoldwa slq ioj apiAw-1d ip: uteauiew }ou p!M a4 ae� �ay}!n; salol as pau6islapun au pause}ulew 2lesai}llloe; pa}e6a�Bas a�ayiiri lo. uo sltf�rapun uoj;mol : -. due le saaIAS2s .qay} uuo,Jiad oa saaitoldwa slyu.uad }laou 80,9P, 04404.: pue `s uawysilge}sa:sly sapip pale6a l6as'�tue`saa;toldwa.'su.I 10t apooad io ule}u1eui;ou scop a%l}e(4} say0aa paufi s.4apun ay1. `; 'anlsuods9iuou palaplsuoo aq IltniC s}uawei nbar asay};aaiu o} slier ley} pjq + }aw uaaq aAey.o} 90600aq Ile4s leo6;ae �uoo a4} 3eu rr se Pa l�ilb uoge4loilos siq} .loj iu l}adwop ln;ssa0000pp,4eddp.:9.4 ;ey; }uana ay} ul `os op o} 6ugduia}}e u! §.1.0110 :40.1 pooh epees }l 40,116ugei;suowap uope}uawnoop apinoad 01.;:!„ ailnbaia nn� 'uaJa a P q II! ! 4 P }e.;s leo6lgrwi}uoa:ay} arlayoe o} she;.taPP,!q a4i }I '��uoo ay};o anlen 4e�lop ayl pue 'uuy,pew u yaea dq.pauiio iad, aq o; Sj Jonn ay};o ugi duosap a ` 8Q 4oea;a: ssa�ppe pue auaeu ay} apnlaul IIIM uogpuuo;w ayl : }aw uoa ay} ut a}edR IpRd:ll le I4 s38Q` ay; Bulwaouao uol;ewlo;ut ;Iwgns o; paalnb3J aq pin �o}gadwooin;ssaognsivaiedde aryl sueailaury ui 1pul UEISV pue `sueoua uy aytaed ueisy .'sueolaawy'- angeN 'soluedsfH..'Ploejg ilawoM apnlpur: pa6e;u 4.PP01p. 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L''b-Z5L d F $ 0't H3 lenowab e8n;atuls .Canaag ulio;S E -S -t0 t -d lenowab adld Jam,eS WJb;S Z'S t0t-d O'S... :. aaud P!8 1E401 ao d ;tun }idn pa;ewgs3 UOGlduasaQ "oN oN •aadg we;l establishments, and that he will not permit his employees to perform their services at any location, under bis control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeciocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his tiles. 8. The undersigned: agrees, upon written notice of the acceptance of this bid, within sixty (60) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted and give Contract (Performance and Payment) bond on attached forms within fifteen (15) days after the prescribed forms are presented for signature. 9. The undersigned understands award of contract is contingent upon receipt of project funding from the Federal Aviation Administration. If funding is not received, bid bonds will be returned to all bidders and the project will be postponed. 10. The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to :Proceed" and that he will substantially complete all work according to the terms of the entire contract within sixty (60) calendar days from the date established in the Notice to Proceed_ An extension of time may be allowed when extra or additional work is ordered by the Engineer. 11. The undersigned agrees that within 30 days after award of this contract, the Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the date of award. This report is required if the Contractor/Subcontractor meets all of the following conditions: a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. b. Has 50 or more employees. c. Is a prime contractor or first tier subcontractor. d. There is a contract, subcontract, or purchase order amounting to $50,000 or more. 12. To satisfy Clear Air and Water, Pollution Control Requirements on all Construction Contracts and Subcontracts exceeding $100,000.00 Contractors and Subcontractors agree: a. That any facility to be used in the performance of the Contractor to benefit from the Contract is not listed ort the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 306 of the Clean Air Act (42 USC 1857(h)), and Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Regulations (40 CFR Part (15)). c. Thatas a condition for award of a Contract he shall notify the awarding official of the receipt of any communication from EPA indicating that a facility to be utilized for performance of or benefit from the Contract Is under consideration to be listed on the EPA List of Violating Facilities. d. To include or cause to be included in any Contract or Subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. FAA AIP # 3-19-0094-038 P-3 Waterloo Regional Airport AECOM Project#60180998 Rehabilitate Apron Phase 3A 13. The contractor, by submission of this offer and/or execution of a contract, certifies that it" a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, oris owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a<prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provideimmediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Govemment. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of art agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 14. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. it further agrees by submitting this proposal that it will include this clause without modification in ail lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 15. As an evidence of good faith in submitting this Proposal, the undersigned encloses bid security in the amount of five 15) percent of the bid which, in case he refuses or fails to accept an award and to enter into a Contract and file the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airportas liquidated damages. FAA AIP # 3-19-0094-038 P-4 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A 16. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 17. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 18. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, firm or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 19. in submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof. 20. Contractor certifies that all employees employed by Contractor or any subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986 (IRCA) and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractors employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 21. The undersigned certifies, to the best of his or her knowledge and belief, that a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor, to any person for infiuencirtg or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant, tha Contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities", in accordance with its instructions. c. The Undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperativeagreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code_ Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $200,000 for each such failure. 22. BUY AMERICAN CERTIFICATE (Title 49 U.S.C. Chapter 501) As a condition of bid responsiveness, the bidder must how it intend to comply with the Buy American preferences established under Title 49 U.S.C. Section 50101. Bidder must complete the attached Buy American certification. If the bidder requests a permissible waiver to the Buy America requirements, the Bidder identified as with the successful bid must submit a formal waiver request and component cost calculation within the prescribed time identified on the Buy America certification. FAA AIP # 3-19-0094-038 P-5 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A 23, Drug Free Work Place, Act of 1988. a. By submission of this offer, the offeror, if other than an. individual, who is making an offer that equals or exceeds $25=000, certifies and agrees that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, it will—no later than 30 calendar days after contract award (unless a longer period is agreed to in writing, for contracts of 30 calendar days or more performance duration;) or as soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed— (1) Publish a statement notifying such employees that the unlawful manufacturer, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an on going drug-free awareness program to inform such employees about— (3) (a) (b) (c) (d) The dangers of drug abuse In the workplace; The Contractor's policy of maintaining a: drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph a.(1) of this provision; (4) Notify such employees in writing in the statement required by subparagraph a,(1) of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will— (5) (6) (7) (a) Abide bythe terms of the statement; and (b) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision a(4) (b) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and Within 30 calendar days after receiving notice under subdivision a.(4)(b) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace; (a) Take appropriate personnel action against such employee, up to and including termination; or (b) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs a.(1) through a.(8) of this provision. b. By submission of its offer, the offeror, if an individual who is making an offer of any dollar value, certifies and agrees that other offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. FAA AIP # 3-19-0094-038 P-6 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A c. Failure of the offeror to provide the certification required by paragraphs a. or b. of this provision, renders the offeror unqualified and ineligible for award. [See FAR 9.104-1(g) and 19.612-1 a.(2)(a)j. d. In addition to other remedies available to the Government, the certification in paragraphs a. or b. of this provision concerns a matter Within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under title 18, United States Code, Section 1001_ 24. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Bid Guaranty in the form of a bid bond b. Non -Collusion Affidavit of Prime Bidder_ c. Statement of Intent - Non -Discrimination and Equal Opportunity Statement, d. Bidder's Information Sheet. e_ Synopsis of Experience Record. (IDOT Certification may be substituted.) t. Completed: DBE forms "Utilization Statement" and "Letter of Intent" 25. The Bidder shall indicate whether the bid is submitted by alan: ❑ Individual, Sole Proprietorship RI Partnership ❑ Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other. Respectfully submitted, Bidder By PO Box 687 Address Charles City, Iowa 50616-0687. (Include Zip Code) 641-228-4256 Telephone No. FM AIP # 3-19-0094-1338 P-7 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and as Surety are held and firmly bound unto the Waterloo Regional Airport. 2190 Livingston Lane. Waterloo, Iowa hereinafter call "Owner", in the penal sum of Dollars ($ ) lawful moneyof the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated , 2011, for Rehabilitate Apron Phase 3A project. NOW, THEREFORE, (A) If said Bid shall be rejected, or in the alternate, (B) If said bid shall be accepted and the Principal shall execute and deliver a Contract in the form specified and shall furnish a bond for his faithful performanceof said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated, By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the Contract and provide the bond as provided in the Specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such bid or execute such Contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WH EREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this _ day of. , A.D., 2011.. (Seal) Principal By. (Title) (Seal) Witness Surety By (Attomey-In-Fact) Attach Power -Of -Attorney FAA AIP # 3-19-0094-038 P-8 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A State of Iowa NON -COLLUSION AFFIDAVIT OF PRIME BIDDER )ss County of Floyd Graham M Currin haamee , being first duly swam, deposes and says that (1) He is (Owner, a n Officer, Representative or Agent) of Allied Marietta • Croup LLC ,.the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in anyway colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or personto submit a collusive or sham bid in connection with the Contract for which the attached bid has been submlted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or personto fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivanceor unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this 2nd day of ..May , 20 11 Title My Commission Expires 5 / % , 20 14 FM AIP # 3-19-0094-038 P-9 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A State of NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) County of )ss being first duly swom, deposes and says that: (1) He is (Owner. Partner. Officer, Representative, or Agent) of , the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest,. including. this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or,. to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement ally advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affrant. Subscribed and sworn to before me this day'of Title (Signed) Title My Commission Expires , 20. FM AIP # 3-19-0094-038 P-10 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A STATEMENT OF INTENT NONDISCRIMINATION AND EQUAL OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional .Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office herein. If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative. Action Program. Improvements to the Waterloo Regional Airport consisting of Rehabilitate Apron Phase 3A FAA.AIP Project No. 3-19-0094-39 Allied Manatts:Group LLC .gary Vre.er COMPANY Ka len Schladar EXECUTIVE OFFICER AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER PO Box 687 Charles City, Iowa 50616-0687 PHONE NUMBER 641-228-4256 FAA AIP # 3-19-0094-038 P-11 Waterloo Regional Airport AECOM Project #80180998 Rehabilitate ApronPhase 3A .BIDDER'S INFORMATION SHEET A. BIDDER'S CAPACITY: (Check One) 1. Individual 2. Co -Partnership El 3. Corporation 0.. B. (IF ITEM 2 IS CHECKED, COMPLETE THE FOLLOWING) State of 'lova Names and Addresses of Partners 1. Gary R Veeder., PO .Box 687. Charles City.- Iowa 50616-0.687 2 Graham M Cunin.hame, PO Box 687, Charles City, Iowa 50616-0687 3. 4. 5. C. (IF ITEM 3 IS CHECKED, COMPLE 1 E THE FOLLOWING) State of Incorporation, Names and Addresses of Officers: President Secretary Treasurer FAA AIP # 3-19-0094-03$ P-12 Waterloo Regional Airport AECOM Project #50180998 Rehabilitate Apron Phase 3A SYNOPSIS OF EXPERIENCE RECORD (This synopsis must accompany Proposal Form.) Name of Bidder ALLIED MANATTS GROUP LLC Business Address PO BOX 687., CHARLES CITY. IOWA 50616-0687 Individual ( ) Partnership OQ Corporation ( ) (Check One.) Construction successfully completed within past five years similar in size, scope, and difficulty of construction to the work bid upon. Name of Location of Amount of Name of Owner Project Pro'ec Contract SEE ATTACHED 2 3 4 Number of Contract Days Actual Number of Days to Allowed for Above Projects Complete above Project 2 3 4. (Signed) ALLIED MANATTS GROUP LLC Name of Company (By) (TITLE) VICE PRESIDENT Date 512111 FAA AlP # 3-19-0094-038 ' P-13 Waterloo Regional Airport AECOM Project #80180998 Rehabilitate Apron Phase 3A UTILIZATION STATEMENT Disadvantage Business Enterprise The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner. (Please check the appropriate box) The bidder/offeror is committed to a minimum of 7 % DBE utilization on this contract. o The bidder/offeror, while unable to meet the DBE goal of %, hereby commits to a minimum of %DBE utilization on this contract and also submits documentation, as an attachment, demonstrating good faith efforts (GFE). • The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm: The undersigned further understands that no changes to this statement may be made without prior approval from the Civil Rights Staff of the Federal Aviation Administration. Allied Manatts Group LLC Bidder's/Offeror's Firm Name 5/2/11 S(gnature\ j \ Date DBE UTILIZATION SUMMARY Contract Amount Percentage DBE Prime Contractor $ x 1.00 = $ % DBE Subcontractor $ 22-4 x 1.00 = $ Z2.57 7, s % DBE Supplier $ x 0.60 = $ _ DBE Manufacturer $ x 1.00 = $ % DBE Amount Contract Total Amount DBE DBE Goal 7,s % 7. S'" % If the total proposed DBE participation is less than the established DBE goal, you must provide written documentation of the good faith efforts as required by 49 CFR Part 26. FM AIP # 3-19-0094-03$ P-14 Waterloo Regional Airport AECOM Project #6016099$ Rehabilitate Apron Phase 3A PROJECT LOCATION DESCRIPTION OF WORK DOLLAR AMOUNT 2010 City of Forest City Forest City PCC Paving 2.565 SY 96,007.95 Veenstra & Kimm, Inc Grading LS 6,375.00 641-424-8008 Subgrade 2,484 SY 6,210.00 2009 Street Reconstruction Project Surface Agg 84 SY 1,260.00 2010 IDOT Cerro Gordo.County 800-373-7344 NHSX-018&5(145)-314-17 2010 McKiness Excavating 641-424-4531 Recreation Center Site Improvements Near Co Rd S-56 S of PCC Paving 12,128 M2 847,798,00 Mason City CI 13 Excav 2,397 M3 20,374.50 Gamer PCC Paving 521 SY 21,555.55 2010 IDOT Mason City PCC Paving 14,869 SY 566,686.00 Cerro Gordo County Winnebago E to Pierce Ave C120 Excav 10,028 CY 85,238.00 800-373-7344 Mod Subbasi 5,769 TON 97,945.00 STP -122-1(8)-20-17 Gran Surf 764 TON 10,690,12 2010 Worth County Vine Ave PCC(Fumish) 22,939 CY 1,261,618.00 Worth County Engineer PCC(Place) 166,679 SY 396,153.00 641-324-2162 Gran Shldrs 750 TON 9,066.14 L-LPPCC-4-10-73-98 L-LPPCC-5-10-73-98 2010 Floyd County _ Triumph Ave PCC Paving 10,649 SY 319,461.00 Floyd County Engineer CI 13 Excav 167 CY 2,510.10 641-257-6151 Mod Subbase 5,472 TON 83,453.00 L-UR-FY10-07 Gran Shldrs 1,888 TON 26,579.86 2010 Pfizer Animal Health Charles City PCC Paving 1,400 SY 65,142.94 641-257-3481 Parking Lot 2010 IDOT Floyd County 800-373-7344 TSF -018-6(87)-92-34 2010 IDOT Pocahontas Co Engineer 712-335-3252 STP-S-CO76(58)-5E-76 2010 Taylor Construction, Inc 563-921-2315 BROS-0034(80)--5F-34 2010 Peterson Contractors, Inc 319-345-2713 Northem Cedar Falls Industrial Park Near Rudd PCC Paving 6,061 SY 258,044.55 Spec Skit 4,893 TON 73,387.35 Gran Shldrs 1,106 TON 18,248.67 Buena Vista Co PCC Paving 9,284 SY 292,158.88 Line East to N28 PCC(Furnish 5,181 CY 373,032.00 PCC(Place) 34,810 SY 78,322.50 Floyd Co - PCC Paving 831 SY 33,244.40 Dancer Ave Bridge Appr 387 SY 41,022.00 Cedar Falls PCC Paving 10,828 SY 318,348.58 2010 City of Jolce Jolce PCC Paving 2,598 SY 118,820.00 641.892-3300 Street Paving 2010 DeBruce Grein 841-588-3131 Street Paving Jots PCC Paving 2,284 SY 103,781.00 2010 Frank Hanlg Nora Springs PCC Paving 3,432 SY 118,688.00 841-425-5315 Farm View First Addition 2010 Mike Moistead Motors Charles City PCC Paving 4,848 SY 146,412.00 641-228-7220 Parking Lot TOTALS 5,893,634.09 LETTER OF INTENT Disadvantage Business Enterprise (This page shall be submitted for each DBE firm) Bidder/Offer Name: Allied Manatts Group LLC Address: PO Box 687 City: Charles City . State: .Iowa. Zip: 50616-0687 DBE Firm: DBE Firm: Address: /b 'r3 Ek -sr Aa City: `'izA"e3e- -f PlsrnA- State: /R Zip: SZ©•7%+ DBE Contact Person: Name: C -" f s -S Phone: ( 3 ) 93 3 20 3 S RCttce TTa c. .tJs DBE Certification Agency: Expiration Dates Each DBE firm► shall submit evidence (suchas a photocopy) of their certrtcalion status. Classification: CI Prime Contractor BSubcontractor El Joint Venture ❑Manufacturer ❑Supplier Work items to be performed by DBE The Description Quantity Total ACX 84Se Loadse J'iLCO 7. ID- 4 .Z2 cde. "ID- The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount $ ,,c• Percent of total contract 1,5- Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By: (Signature) (Title) In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and vold. FAA AIP # 3-19-0094-038 P-15 Waterloo Regional Airport AECOM Project #80180998 Rehabilitate Apron Phase 3A Buy America Certification (Title 49 U.S.C. Section 50101) PROJECT NAME: Rehabilitate Apron Phase 3A AIRPORT NAME: Waterloo Regional Airport AIP NUMBER: 3-19-0094-038 This solicitation and any resulting contract are subject to the Buy America requirements of 49 U.S.C. Section 50101. The bidder certifies it andall associated subcontractors will comply with the Buy American preferences established under Tide 49 U.S.C. Section 50101 as follows: U.S.C. Section 50101 - Buying goods produced in the United States (a) Preference.- The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 108(k), 44502(a)(2), or 44509,. subchapter I of chapter 471 (except section 47127), or chapter 4B1 (except sections 48102(e), 48106, 48107,.and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States. (b) Waiver. - The Secretary may waive subsection (a) of this section if the Secretary finds that - (1) Applying subsection (a) would be inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter 1 of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title - A. The cost of components and subcomponents produced in the United States is more than.60 percent of the cost of all components of the facility orequipment; and B. Final assembly of the facility or equipment has occurred In the United States; or (4) Including domestic material will increase the cost of the overall project by more than 25 percent (c) Labor Costs. - In this section, labor costs involved in final assembly are notincluded in calculating the cost of components, (3) As a matter of bid responsiveness, the bidder or offeror must complete and submit this certification with their bid proposal_ The bidder must sign and date the certification. The bidder/offeror roust indicate how they propose to comply with the Buy America provision by selecting one of the following certification statements. ® The bidder hereby certifies that it will comply with Title 49 U.S.0 Section 50101(a) by only installing steel and manufactured products produced in the United States of America. The bidder further agrees that if chosen as the apparent low bid, it will submit documentation to the owner that demonstrate all steel and manufactured products are 100% manufactured in the United States. ❑ The bidder hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.0 Section 50101(a); the bidder therefore requests a waiver per Title 49 U.S.0 Section 50101(b). The bidder further agrees that upon notification from the Owner, the bidder identified with the apparent low bid agrees to prepare and submit a waiver request and component calculation information to the owner within calendar days of the date of the notice of apparent low bid. Allied Nanetts Group LLC .5/2/11 Bidder's Firm Name FM AIP # 3-19-0094-038 P-16 Waterloo Regional Airport AECOM Project #60180998 Rehabilitate Apron Phase 3A Buy America Waiver Request Title 49 U.S.0 Section 50101 (b) For Equipment and Vehicles Procured under the Airport Improvement Program Type of Waiver Request:. The bidder may request a waiver subject to the provisions of Section 50101(b)(3) or Section 50101(b)(4). The bidder may not request a waiver under Section 50101(b)(1) or Section 50101(6)(2). Bidder is hereby advised that the Owner's approval with the bidder's waiver request is contingent upon FAA approval. The bidder must select one of the following applicable waiver provisions: 0 Section 50101(b)(3): Bidder hereby requests a waiver to Buy America preferences based upon Section 50101(b)(3). The bidder further certifies that % of the cost of components and subcomponents comprising the equipment are produced in the United States and that final assembly occurs with the United States. (Bidder roust attach a copy of the component cost calculation. table) 0 Section 50101(b1141. Bidder hereby requests a waiver to Buy America preferences based upon Section 50101(b)(4). The bidder asserts provision of domestic material increases the cost of the overall project by more than 25%. (This type of waiver is rare) Certification Signature In accordance with Section 50101(b), we request a waiver to the Buy America provisions based on the above certification and attached documentation. Bidder's Firm Name Signature Date instructions for Section 501011b)f3) Waiver 1: "Egaiptnent" in Section 50101 shall mean AIP-funded vehicle or single piece of equipment 2. The bidder must base the U.S. percentage upon the value that results from completing a component cost calculation table similar to the attached format. Bidder shall avoid merepro forma efforts to establish the waiver request percentage. The Bidder must submit the component cost calculation table as an attachment to the waiver request. The component breakout shall be along major elementclsystems of the equipment. 3. Components are the material and products directly incorporated into the "vehicle" at the place of final assembly. 4. The final assembly of the ATP -funded "equipment" must be within the USA (Section 50101(b)(3)(B)). Final assembly is the substantial transformation of lite components and subcomponents into the end product. 5_ All steel used in the 'Equipment" must be produced in the USA. FAA win not approve a waiver forproducts made with non- domestic steel. 6. The Buy American requirements apply to all tier contractors and subcontractors. All.contmctorstsubcontrnctors are required to provide sufficient documentation that indicates origin of manufacturer and percentage of domestic manufactured product 7. The bidder is hereby advised there is no implied or expressed guarantee that the Federal Aviation Administration -(FAA) will approve any requested waiver. The FAA CANNOT concur with any waiver request for less than till% i1S component participation. Instructions for Section 501011b1(41 Waiver. 1., This waiver is rarely applied. Consult Owner before making this request. 2. Prepare detailed proposal casts using domestic products) and the overall projectcost Prepare detailed alternate proposal costs of the non-domestic products) and the overall project cost. if the proposal with domestic product(s) is more than 25% piths proposal with non-domestic product(s), the bidder may request a waiver under 501D1(bX4). • 3. Bidder must attach adequate documentation that supports the use of domestic products results in an increase in the overall project costs that exceeds 25%. The bidder Must certey undersignature and dere that the submittal informationis correct and accurate. North America Free Trade Act INAFTAI The NAFTA does not apply to the AIP. Products and material made in Canada or Mexico must be considered as foreign made products. FM AIP # 3-19-0094.038 AECOM Project #60180998 P-17 Waterloo Regional Airport Rehabilitate Apron Phase 3A COMPONENT COST CALCULATION TABLX • In lieu of completing thls table, bidder may prepare u spreadsheet that addresses the sumo fnformutton and calculations as presented herein. • .in authorized person shall attest under signature and dare that the submitted Wei -motion Is accurate and complete • The bidder/contractorshall submit the signed component cosy calculation table to the Chimeras an attachment to the waiver request • The component breakout shall be along major elements of the equipment. Inadequate breakout ofromponenrs is rause for owner rejection of the waiver request Component/Subcomponents Name of Manufacturer Country of origin Cost of Foreign Manufactured Components/Subcomponents Cost of USA Manufactured Components/Subcomponents Sum of US Manufactured Component/Subcomponent Costs: Sum of all Equipment Components and: Subcomponents: Percentage of Equipment Components Manufactured In the United States: Place of Final Assembly: Certification Slanature I hereby certify the above information Is accurate and complete. Bidder's Firm Name Date Signature FAA AIP # 3-19-0094-39 P-18 Waterloo Regional Airport Rehabilitate Apron Phase 3A AECOM Project #60180998 06/02/2011 THU 11:11 FAX X001/001 06/01/2011 11:01 FAX 18412283550 ®.111ea Const Co Inc tal0002/0002 NON-COLLUSIONAFFIDAVIT OF SUBCONTRACTOR (To Be Submitted Atter Bid But Piior to Award) gats of Iowa County of Black Hawk Joe A. Becker • , being Orel duly swam, deposes and says that (1) He Is [Qviner,PafJne Offiper, Renreseritaitve. or Anent) of AECOM Technical Services, Inc . , the Bidder that hes submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of ell pertinent circumstances respecting such bid; (3) Such bid Is genuine and le not a collusive or ahem bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or garties in Interest Including this Otani, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid In connection with the Contract for which the attached bid tis been submitted or to refrain iirom bidding in connection with such Contract, or has in any manner, dlrediy or indirectly, sought by agreement or eotluslon or c ommuniteatlon or conference with any other Bidder, firm or person to fix the price or prices In the attached bid or of any Other Bidder, or, to Ix any overhead, profit or Dost element of the bid price or the bid price df any other Bidder, or to secure through any Duston, conspiracy, connivance, or cuttawful agreement any advantage walnut the City of Waterloo. Iowa, or any parson Interested in the proposed Contact; and (5) The price or prices quoted In the attached bid are fair and proper and ars not tainted by any collision, conspiracy, conNvenoe or unlawful agreement on the part of the Bidder or a of Its agents, representatives, owners, empbyees, or parties In Interest, including this affant. (Sign Title •.,o•/ b IJ/t v S -J -/ d Subsodbed and swam to before me • Ws 2nd day of June , 20 11 . Office Administrator Title My Commission Expires October 17 20 12 %*'"*•GLORIA M.'CL000H r• COMNI!a I0N NO.127610 hooka Issi0N.r�inEs �� . 0=000017.2012 FAA AtP f# 3-18-0094.038 P-10 Waterloo Regional Airport AECOM Project #801800B8 Rehabilitate Apron Phase 3A ASPRO INC. Fax:319-232-6539 Jun 1 2011 10:36 P.01 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted Atter Bid But Prior to Award) State of INA County of BLCK HAWK ) MILT DAKOvIC , being first duly swum, deposes and says.that: (1) He is _ f8+rneFrpeFtfief. Officer. Ree esenativc or of ASPRO, INC , the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and Is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firrn or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly. sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or, any person interested in the proposed Corrtract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)" .4///4t/L;#511 Subscribed and sworn to before me this 2 day of MAY Odic, �. Title Title 20 11 My Commission Expires \ - Igz‘ , 20 , FAA AIP # 3-19-0094-038 AECOM Project #80180998 P-10 Waterloo Regional Airport Rehabilitate Apron Phase 3A 08/03/2011 67:47 uoivi1cuii JJ.uo i'Jt 06.1.11107.4 .01,41.0 .• vv 4a4'. NON-bLL0S10N AFFJD4 1IT Of SUBCONTRACTOR (To Be Submitted After Bid But Prior to Awani) State ofroWtt- ) County of Vekiel C1/ S4CUee 341 #2930 P.001/001 .,J VVV An/ VVVr • , beim first duly sworn, deposes and says that (1) He is t rer, Partner. Officer. Representative. or Agent) of 1 ?i/4.r s , , XIAC. Bidery,at has bmltted the attached Sid: (2) He s fully informed resting the preparation and contents of the ad bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and b nota collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives. employees or parties In interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder. firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding In connection with such Contract, or has In any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other [Wider, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to for any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of waterloo. Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted In the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of Its agents, representatives, owners, employees, or patties In interest, including this affiant. (Signed T10e Subscribed and sworn to before me this day of 014#16 ,20 11 My Commission Expires ttYleVrArn ,21:611111: _ FAA AIF # 3-18-0094-038 AECOM Project #B3180998 P-10 Waterloo Regional Airport Rehabilitate Apron Phase 3A FROM lows Plains SIooloo 616-686-3630 CFRI)JUN 3 2011 11.: 06/ST. 11: 06/No. 76383324e4 P 2 Wit• n ti~Ili NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State of I31.3e ). County of 3.e7c,c- \co u ' , being first duly sworn, deposes and says that: (1) He Is (Owner. Partnif, Officer. Representative. or /went) of 1 Own, ptaftrisQvu i `K, the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid In connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or Indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bld price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted In the attached bid are fair and properand are not tainted by any collusion. conspiracy, connivance or unlawful agreement on the part of the Bidder or any of Its agents, repr owners, employees, or parties in interest, including this affiant. (Signed Title Subscribed and sworn to before me this 3 day of -1 .l,f1 ft_ , 20 f 1 . l T My Commiss Expires 1 r ( 2 , 20�_. ROBIN ►ECSC Commission Number 747842 My Commis ai Expires July 12, FAA AIP # 3-19-0094-038 AECOM Project #60180998 P-10 Waterloo Regional Airport Rehabilitate Apron Phase 3A 1111 ■ y 11.1 06/01/2011 11:00 FAX 1641zzu455a Al11eu wubI, vv tua- NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State ofI[ ) County of C t -o✓ ) (; ©in,, #7aiC , being first duly sworn, deposes and says that (1) He Is (Owner. Partner ri Representative, or Aaent) of the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid Is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any ails officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding In connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties In interest, including this affiant. (Signed) (_.--.4,2,,,,see e-aa Title gge..04 1T Subscribed and swom to before me this 3►''t day of ditrte. , 20 11 . Qat.; r Title My Commission Expires 5/ -2 , 20 0-1 . FM AIP # 3-19-0094-038 AECOM Project #80180998 P-10 Waterloo Regional Airport Rehabilitate Apron Phase 3A 06/01/2011 11:29 3198335303 SERVICE SIGNING LC PAGE 02/02 08/01/2011 10:56 FAX 18412283569 Allied Const Co Inc If0002/0002 NON-COL.LU*ION AFFIDAVIT OF SUBCONTRACTOR (To Be Submitted After Bid But Prior to Award) State of aril g. ) County of6 1.kd j t ) (1) He is (Owner. Partner. • , being first duly sworn, deposes and says that Representative. QrAaent) _ of VI/111h_L2Aru.rl4 . �.� , the Bidder that has submitted the attached Bid: (2) He is fully Informed respecting the preparation and contents of tha attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners. agents. representatives, employees or Parties in interest. Including thls affiant, has in any way colluded, conspired. connived or agreed, directly or Indirectly. with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly. sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy. connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person Interested In the proposed Contract end (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of hs agents. representatives, owners, employees. or patties in Interest, including this affiant. _II �� Title l�iJ_CR Subscribed and sworn to before me this ) 4. day of ()L.th.lL. , 2011. 60Ahlata Title )6*.mr. My Commission Expires • '• • BARBARA WICK COMMISSION NO. 71484a - 4vtf a MY QQ INIJss ON EXPIRES J5 FAA AIP # 3-19-0094-038 AECOM Project #60180998 P-1 R Waterloo Regional Airport Rehabilitate Apron Phase 3A �i U.S. Department of Transportation Federal Aviation Administration June 14, 2011 Mr. Brad Hagen Director of Aviation Waterloo Municipal Airport 2790 Livingston Lane Waterloo, IA 50703 Dear Mr. Hagen: Central Region Iowa, Kansas, Missouri, Nebraska 901 Locust Kansas City, Missouri 64108 (816) 329-2600 Waterloo Municipal Airport AIP No. 3-19-0094-38 Grant Offer Rehabilitate Apron, Taxiway B, Taxiway A, Taxiway E Design Only; Rehabilitate Apron Phase 3a Grant Amount Enclosed is the Grant Offer, in duplicate, issued by the authority of the Administrator of the Federal Aviation Administration on behalf of the United States to pay the Government's share of the allowable project costs up to a maximum of $546,725 for airport development as set forth in the Grant Offer. This grant offer may be funded all or in part from the Small Airport Fund. Grant Execution Date Your attention is invited to the terms and conditions set forth in the Grant Offer. If the terms of the Grant are satisfactory, it must be accepted on or before June 24, 2011, and returned to me immediately. Steps to successfully execute a Grant: To successfully execute the Grant Offer, follow these steps.in the order listed: 1. After appropriate action has been taken by the sponsor's governing body, the Sponsor's authorized representative signs each copy of the Grant Offer. 2. Authorized representative's signature is duly attested or notarized. 3. Sponsor's seal is impressed or affixed. If sponsor does not have a seal, a notary stamp or seal should be affixed in accordance with state law. 4. The sponsor's attorney must certify that the sponsor's acceptance of the Grant Offer complies with state and local law, and constitutes a legal and binding obligation of the Sponsor. The Certificate of Sponsor's Attorney must be signed and dated on or after the date of execution. 5. Immediately following execution of the documents, email a pdf or fax a copy of the Grant Agreement, first page through the signature page and the first page of the Project Application. Send the email with pdf to ed.hyatt@faa.gov, or send the fax to my attention at (816) 329-2610, then return an original of the entire Grant Agreement to me. The remaining copy of the Grant Agreement is for your records. Quarterly Reports As a result of an audit fording, the FAA is requiring sponsors to submit a Sponsor Quarterly Performance Report for each active grant. The report shall be mailed or e- mailed (e-mail is preferred) to your respective FAA engineer or planner no later than 30 days after the quarter ending March 31, June 30, September 30, and December 31. The report shall consist of the following elements: • Comparison of actual accomplishments to the goals established for the period • Reasons for slippage in those cases where established goals are not met • Impact on other airport projects (e.g. AIP, PFC, F&E, airport -initiated, etc.) • Analysis and explanation of cost overruns The sponsor may use their own format provided the four elements are adequately addressed. For the Sponsor's convenience, we have also prepared a suggested format for the Sponsor Quarterly Report, copy available at our web site at http://www.faa.gov/airports airtraffic/airports/regional guidance/central/airports resources/medi a/performance.doc. Project Payments - Grant Fiscal Records The official project files must contain original documentation supporting all requests for reimbursement under this grant agreement. Reimbursement can not be made prior to work being completed in accordance with the project specifications. See AIP Sponsor Guide —1500 Grant Payments and AT Sponsor Guide 1510 — Drawdown Submittal Information. Questions If you have any questions, please contact me at (816) 329-2605. Sincerely, —rla el - Edward A Hyatt, P.E. Airport Engineer Enclosure U.S. Department of Transportation Federal Aviation Administration Airports Division GRANT AGREEMENT Part 1 - Offer Date of Offer JUN j 4 201i, Waterloo Municipal Airport Waterloo, Iowa Project No. 3-19-0094-38-2011 ECHO Control Number: 69 AA 3050 DUNS Number: 826 186 959 TO: City of Waterloo, Iowa (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 13, 2011, for a grant of Federal funds for a project at or associated with the Waterloo Municipal Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Rehabilitate Apron, Taxiway B, Taxiway A, Taxiway E Design Only; Rehabilitate Apron Phase 3a all as more particularly described in the Project Application. FAA Form 5100-37 (8-90) Page 1 of 8 Supersedes FAA Form 5100-37 pages 1 thru 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of the allowable costs incurred in accomplishing the Project, ninety-five percent (95%) thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Conditions 1. The maximum obligation of the United States payable under this offer shall be $546,725. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of The Act, the following amounts are being specified for this purpose: -0- for planning $546,725 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under The Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before June 24, 2011, or such subsequent date as may be prescribed in writing by the FAA. 7. 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 purposes of this Grant Agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal Grant Agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All FAA Form 5100-37 (8-90) Page 2 of 8 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 Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incident to, compliance with this Grant Agreement. 9. TRAFFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not - i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either - i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: FAA Form 5100-37 (8-90) Page 3 of 8 i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102 10. CENTRAL REGION ECHO GRANT PAYMENTS: The sponsor agrees to: a. Comply with the Central Region ECHO Grant Payment Request Guidelines and Procedures (see AIP Sponsor Guide, Section 1500 Grant Payments) and b. Request cash drawdowns on the ECHO system only when actually needed for reimbursement of eligible project costs and c. Submit timely reports of such disbursements as required. It is understood that failure to adhere to this provision may cause revocation of the ECHO Control Number. 11. BUY AMERICAN: Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 12. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS: In accordance with Section 47108 (b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects; c. May be increased by not more than 15 percent for land projects. 13. LETTER AMENDMENT - DEVELOPMENT: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor the grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs, FAA may increase the grant to cover that amount of the overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. FAA Form 5100-37 (8-90) Page 4 of 8 14. PLANS & SPECIFICATIONS APPROVED: It is understood and agreed by and between the parties hereto that any reference herein or in the aforesaid Application for Federal Assistance, dated May 13, 2011, to plans and/or specifications shall refer to the plans and/or specifications as approved by the FAA on March 17, 2011. 15. CONSTRUCTION MANAGEMENT PROGRAM: The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4) Qualifications of engineering supervision and construction inspection personnel. 5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the Grant Agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that Sponsor test results are. 16. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement FAA Form 5100-37 (8-90) Page 5 of 8 maintenance management program as is required by Airport Sponsor Assurance Number C-11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below: Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available; i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements", the frequency of inspections may be extended to three years. (2) Drive By Inspection. A drive by inspection must be performed a minimum of once per month to detect unexpected changes in pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) Inspection date, (2) Location, (3) Distress types, and (4) Maintenance scheduled or performed. (5) For drive by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval An airport sponsor may use any form of record keeping it deems appropriate, as long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements", for specific guidelines and procedures for FAA Form 5100-37 (8-90) Page 6 of 8 maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 17. RUNWAY PROTECTION ZONES: The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: a. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. b. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. c. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less -than -fee interest in the Runway Protection Zones for runways that presently are not under its control within 5 years of this Grant Agreement. Said interest shall provide the protection noted in above Subparagraphs a and b. FAA Form 5100-37 (8-90) Page 7 of 8 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by The Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED ST ES OF AMEftdcA FEDERA AVI TION A MIT ATION (Name) (Title) Ma =ger, Airports; i!vision Central Region Part 11- Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and, by such acceptance, agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this (SEAL) day of ,20rf . City of Waterloo, Iowa (Name of Sponsor) By -C (Sponsor's Designated Official Representative) Title Attest:_�� Title: C��tj, 51-Ci)k - ' 6 CERTIFICATE OF SPONSOR'S ATTORNEY ( ` �� cl (e-1.ie. , 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 Iowa. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that acceptance thereof 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 Act. 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 Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at t Ot-c k ri c c To, n- this day of , 20 . Signature of tponsor's Attorney FAA Form 5100-37 (8-90) Page 8 of 8 OMB Number. 4040-0004 Expiration Date: 03131/2012• Application for Federal Assistance SF -424 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s): *Other (Specify) • Preapplication 0 New 0 Application • Continuation ■ Changed/Corrected Application ■ Revision *3. Date Received: 4. Applicant Identifier: 3-19-0094-038 5a. Federal Entity Identifier: *5b. Federal Award Identifier: 3-19-0094-038 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Waterloo *b. Employer/Taxpayer Identification Number (EIN/TIN): 42-6005333 *c. Organizational DUNS: 826186959 d. Address: *Street 1: 2790 Livinaston Lane Street 2: *City: Waterloo County: Black Hawk *State: Iowa Province: *Country: USA *Zip / Postal Code 50703 e. Organizational Unit: Department Name: Waterloo Regional Airport Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Bradley Middle Name: A. *Last Name: Hagan Suffix: A.A.E. Title: Airport Director Organizational Affiliation: *Telephone Number: 319-291-4483 Fax Number: 319-291-4250 *Email: bhaaane.fivalo.com OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 *9. Type of Applicant 1: Select Applicant Type: A.State Govemment Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program *12. Funding Opportunity Number: ' 3-19-0094-38 *Title: FY 2011 Airport Improvement Program 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Waterloo, Cedar Falls, Black Hawk County, Iowa *15. Descriptive Title of Applicant's Project Rehabilitate Apron Phase 3A; Taxiway A -East, Taxiway B and Taxiway E (Design Only) Attach supporting documents as specified in agency instructions. OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 16. Congressional Districts Of: *a. Applicant: First (1st) *b. Program/Project: First (1st) Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project *a. Start Date: 6/2011 *b. End Date: 6/2012 18. Estimated Funding ($): *a. Federal 546,725.00 • *b. Applicant 28,775.00 *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 575,500.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? Order 12372 Process for review. for review on ■ a. This application was made available to the State under the Executive ■ b. Program is subject to E.O. 12372 but has not been selected by the State ►i c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) IN Yes ►,l No 21. *By signing this application, 1 certify (1) to the statements contained in the herein are true, complete and accurate to the best of my knowledge. I also with any resulting terms if I accept an award. I am aware that any false, fictitious, me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section list of certifications** and (2) that the statements provide the required assurances"* and agree to comply or fraudulent statements or claims may subject 1001) obtain this list, is contained in the announcement or 11 ** I AGREE ** The list of certifications and assurances, or an internet site where you may agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Bradley Middle Name: A. *Last Name: Hagan Suffix: A.A.E. *Title: Airport Director *Telephone Number: 319-291-4483 Fax Number. 319-291-4250 * Email: bhaaan(flvalo.com *Signature of Authorized Representative:e=,�eec�.r SLP/_ *Date Signed: S%R/// OMB Number. 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO. 2120-0569 11/30/2007 Item 1. Does this assistance request require State, local, regional, or other priority rating? F-1 Yes x No Name of Goveming Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? n Yes n No Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? n Yes n No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? I-1 Yes x No Name of Approving Agency: Date: / / Item 5. Is the proposal project covered by an approved comprehensive plan? O Yes n No Check one: Location of Plan: State Local Regional x Airport Item 6. Will the assistance requested serve a Federal installation? n Yes 0 No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? Yes n No Name of Federal Installation: Location of Federal Land: Percent of Project: Item 8. Will the assistance requested have an impact or effect on the environment? O Yes Ej No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? n Yes n No Number of: Individuals: Families: Businesses: Farms: Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes n No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FM FORM 5100-1 (9-03) Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 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 Waterloo Airport Board has acquired easements or by fee title all property within the existing runway protection zones. The City of Waterloo has passed tall Structure zoning ordinances and Land Use Zoning ordinances to protect and control the aerial approaches and the adjacent property use at the Waterloo Regional Airport. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. - There are 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: None 4. 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. Yes 5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. 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 which project is proposed. Yes 7. 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 conceming a proposed project. 8. 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 and 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. FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C (Continued) OMB NO. 2120-0569 9. 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 10. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used 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": a. Airport property map is included in the Airport Layout Plans Approved March 2000. b. Certificate of Title is attached. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attomey or title company has determined that the Sponsor holds the above property 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 to be performed, all of which areas are identified on the aforementioned property map designated 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 are 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 are identified on the aforementioned property map designated as Exhibit "A» 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 Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION FAA FORM 5100-100 (D-1 SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No 21.106 2. Functional or Other Breakout SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 366.00 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 223,100.00 5. Other Architectural engineering fees 55,100.00 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 296,934.00 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 575,500.00 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 575,500.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 575,500.00 20. Federal Share requested of Line 19 546,725.00 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) 546,725.00 23. Grantee share 28,775.00 24. Other shares 25. Total Project (Lines 22, 23 & 24) FAA Fnrm nion_9nn io_n•It el iocoe r. EDES $ $ $575,500.00 ) Page 4 -FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded From Contingency Provision (2) a. $ $ b. c. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 28,775.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) — PFC Program 28,775.00 h. TOTAL - Grantee share 28,775.00 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 28,775.00 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 5 PART IV PROGRAM NARRATIVE (Suggested Format) L AVIAT1fN ADMINISTRATION OMB NO. 2120-0569 uerMRimCnl ur unnnaran.n.n•.. -. �..-. PROJECT : Rehabilitate Apron Phase 3a; Taxiway A -East, Taxiway B and Taxiway E (Design Only) FAA AIP Project No. 3-19-0094-38 AIRPORT : Waterloo Regional Airport 1. Objective: This project consists of the design of the rehabilitation of Taxiway `B' from Runway 18-36 northwest to the existing PCC paved portion of Taxiway 'B', the rehabilitation of the terminal apron (phase 3a), the rehabilitation of Taxiway 'A' East from the terminal apron area to Runway 12-30, and the rehabilitation of Taxiway 'E' at the Waterloo Regional Airport, Waterloo, Iowa. The project also includes the rehabilitation of the Terminal Apron Phase 3A project. The Taxiways were originally constructed in 1943 with strengthening overlay constructed in the 80's and 90's. The design will define rehabilitation. The apron was evaluated and it was determined that the best alternative was for total reconstruction. The construction of the Terminal Apron Phase 3A is expected to be completed in 2011. 2. Benefits Anticipated: , The terminal apron pavement is in need of reconstruction in order to provide safe aircraft operations for aircraft that use the airport. 3. Approach : (See approved Scope of Work in Final Application) This project is being competitively bid and the lowest responsive and responsible bidder will be considered for the construction. The construction will begin upon receipt of the grant and is expected to be complete by the end of 2011. The design of the taxiways will take place within 2011-2012 with anticipation of construction in 2012 4. Geographic Location: The project is located within the property limits of the Waterloo Regional Airport located in Waterloo, Black Hack County, Iowa. 5. If Applicable, Provide Additional Information: The funding for this project will come from Airport Improvement Program funds. 6. Sponsor's Representative: (include address & telephone number) Airport Director: Project Engineer: Mr. Bradley A. Hagen, AAE Steven J. Eaton, P.E. 2790 Livingston Lane Earth Tech Waterloo, Iowa 50703 500 SW 7th Street, Suite 301 (319)-291-4483 Des Moines, Iowa 50309 (515) 244-1470 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6 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 this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise 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 this 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 this 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: Airport Sponsor Assurances (3/2011) 1 of 16 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seo.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 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) 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 seq.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Anti kickback 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 Airport Sponsor Assurances (3/2011) 2 of 16 Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 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 benefiting from Federal fmancial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) 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. Airport Sponsor Assurances (3/2011) 3 of 16 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 this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and cavy 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 this 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. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good 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 this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or Airport Sponsor Assurances (3/2011) 4 of 16 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 this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise 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. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions 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. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. It will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Airport Sponsor Assurances (3/2011) 5 of 16 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project 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 Airport Sponsor Assurances (3/2011) 6 of 16 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 this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other fmancial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the 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 this 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 this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to 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 Airport Sponsor Assurances (3/2011) 7 of 16 schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the 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 Airport Sponsor Assurances (3/2011) 8 of 16 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. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or 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 - Airport Sponsor Assurances (3/2011) 9 of 16 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. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air 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 non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. 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. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a Airport Sponsor Assurances (3/2011) 10 of 16 single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. Airport Sponsor Assurances (3/2011) 11 of 16 b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — Airport Sponsor Assurances (3/2011) 12 of 16 a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. Airport Sponsor Assurances (3/2011) 13 of 16 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. Airport Sponsor Assurances (3/2011) 14 of 16 d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation Airport Sponsor Assurances (3/2011) 15 of 16 and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,. the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances (3/2011) 16 of 16 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6/2/2010 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars NUMBERTITLE_ 70/7460-1 K Obstruction Marking and Lighting 150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Change 1 Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-280 Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Airport Winter Safety and Operations 150/5200-33B Hazardous Wildlife Attractants On or Near Airports 150/5210-50 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-70 Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems for Non -Federal Applications 1 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 NUMBED TITLE 150/5220-17A and Change 1 Design Standards for an Aircraft Rescue Firefighting Training Facility 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20 and Change 1 Airport Snow and Ice Control Equipment 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5220-22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5300-13 and Changes 1 —15 Airport Design 150/5300-14B Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17B General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition 150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5C and Change 1 Surface Drainage Design 150/5320-6E Airport Pavement Design and Evaluation 150/5320-12C and Changes 1 through 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 2 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 NUMBER; TITLE 150/5320-15A Management of Airport Industrial Waste 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1 J and Change 2 Standards for Airport Markings (Change 1 &2) 150/5340-5C Segmented Circle Airport Marker System 150/5340-18E Standards for Airport Sign Systems 150/5340-30D Design and Installation Details for Airport Visual Aids 150/5345-3F Specification for L821 Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 1505345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator (PAPI) Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44H Specification for Taxiway and Runway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 NUMBER TITLE. 150/5345-460 Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345-49C Specification L854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51A Specification for Discharge -Type Flasher Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short 150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56A Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12E Airport Signing and Graphics 150/5360-13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports During Construction 150/5370-10E Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-28 Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases 4 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 NI�MBER TITLE 150/5100-14D Architectural, c ural Engineering, ineenng, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 and Changes 1 through 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-60 Change 1-4 Construction Progress and Inspection Report — Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5380-7A Airport Pavement Management Program 150/5380-8A Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 Nl)MBER: TITLE 150/5000-12 Announcement of Availability — Passenger Facility Charge (PFC) Application (FAA Form 5500-1) 5