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HomeMy WebLinkAboutIDOT CAIF Grant Project No. 9-I-220-ALO-400 - 6.20.2022IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE IOWA COMMERCIAL AVIATION INFRASTRUCTURE FUND (ICAIF) This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa DOT" and City of Waterloo, hereafter the "SPONSOR". 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Waterloo Regional Airport, hereafter the "Airport". Improvements shall consist of: Airline Terminal Parking Canopy Structure, as more clearly defined in the project application attached in full as Exhibit C. It shall be referred to as the "Project" and shall be identified by Project number: 9I220AL0400 Contract number: CNTRT-00004232 The Sponsor, as a non-federal entity carrying out a federal award on behalf of the State of Iowa, shall be considered a subrecipient as defined in the Uniform Guidance (2 CFR Part 200) and is subject to the policy requirements placed upon subrecipients by regulations including, but not limited to, the Uniform Guidance and 31 CFR 35. Subrecipient Name: City of Waterloo Subrecipient UEI: D571YPMNW8E5 Subaward Total Amount of Federal Funds Obligated: $2,197,573 Federal Award Identification Number: SLFRP4374 Federal Award Date: July 9, 2021 Federal Award Project Description: Coronavirus State and Local Fiscal Recovery Funds Federal Awarding Agency Name: U. S. Treasury Federal Assistance Listing Number and Title: 21.027 — Coronavirus State and Local Fiscal Recovery Funds Identification of whether the award is R&D: No Indirect Cost Rate: The Iowa DOT and subrecipient will not assess facility or administration costs associated with this grant agreement 2.0 GENERAL PROVISIONS 2.01 The SPONSOR shall have 45 days to sign and return this agreement or the Iowa DOT reserves the right to revoke this grant. 2.02 The SPONSOR shall have the project costs obligated no later than December 15, 2023 or the Iowa DOT reserves the right to revoke this grant. Financial obligation means orders placed for property and services, contracts and subawards made, and similar transactions that require payment. 2.03 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not to exceed the maximum amount payable of $2,197,573 incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. The funds for this award are provided by the State and Local Fiscal Recovery Fund (SLFRF), part of the American Rescue Plan. SLFRF requires that all costs be incurred during the period beginning the date of grant agreement execution and ending December 15, 2023. Therefore, all costs incurred prior to grant agreement execution and after December 15, 2023 are not eligible uses of these funds. The period of performance for SLFRF funds runs until June 30, 2026, which will provide recipients additional time during which they may expend funds for costs incurred (i.e., obligated) by December 15, 2023. Any award funds not obligated or expended within these timeframes must be returned to the State. Recipients of these funds will be held accountable to these funding timeframes. 2.04 All projects meeting the definition of public improvements shall follow the competitive bid and competitive quotation procedures for vertical infrastructure as identified in Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180. • Competitive bid procedures for all projects greater than $139,000. • Competitive quotation procedures for airport authorities and city sponsors with populations greater than 50,000 for projects between $77,000 and $139,000 • Competitive quotation procedures for airport authorities and city sponsors with population of 50,000 or less for projects between $57,000 and $139,000, • Informal local procedures for projects less than the thresholds identified for competitive quotations. The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, 193B Iowa Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C Administrative Code Chapter 1 to determine when professional engineering or architectural plans and specifications must be used. The SPONSOR shall submit any plans, specifications and other contract documents to the Iowa DOT for its files. 2.05 Should the SPONSOR fail to comply with any Condition or Assurance provided herein, the Iowa DOT may withhold further payment and may require reimbursement of any or all payments made by the Iowa DOT toward accomplishment of the Project. 2.06 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.07 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.09 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. Only those eligible costs obligated after this agreement is executed shall be reimbursed. 2.10 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce, and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.11 The Iowa DOT's obligations hereunder shall cease immediately, without penalty of further payment being required, if the funds from the Federal American Rescue Plan State and Local Recovery Funds are no longer available for this purpose and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 2.12 The SPONSOR is the contracting agent and is the subrecipient of federal funds through the State and Local Recovery Fund (2 CFR 200.331), as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 2.13 Funding will be available for reimbursement of the project through June 30, 2026, unless appropriations are withdrawn under 2.11. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 2.14 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from any action or liability out of the design, construction, maintenance and inspection or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Iowa DOT's application review and approval process, plan and construction reviews, and funding participation. 2.15 In the case of any dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of the intent to seek arbitration. The written notice must include a precise statement of the dispute. The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. 2.16 Infrastructure and/or work products developed through this grant become the property of the SPONSOR and the SPONSOR's responsibility to maintain. 2.17 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on Non -Federal Aid Projects (Third -Party State Assisted Projects)," will apply and is hereby made a part of this Agreement. 3.00 PROJECT CONDITIONS 3.01 The SPONSOR Agrees to: (a) Let contracts according to provisions of Chapter 26 of the Iowa Code and preside at all public hearings occasioned by the Project. (b) Contract for all professional and construction services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. If the engineering/consultant agreement is more than $50,000 and the sponsor will request state reimbursement for the engineering/consultant services, the agreement must be submitted to the Iowa DOT for pre -audit prior to execution of the agreement. (c) Establish and maintain a project schedule and provide the schedule to the Iowa DOT. A preliminary project schedule with estimated amounts and dates for reimbursement is required within 60 days of grant execution. (d) Obtain and provide the sales tax exemption certificates through the Iowa Department of Revenue and Finance to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. (e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices, and proof of payment for reimbursement. Progress payments are allowed. (f) Inspect work and equipment, test materials, and control construction to ensure that the design intent of the plans and specifications is achieved. (g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the project at any time during the life of the project and at completion. (h) Certify satisfactory completion of the Project by resolution or signed final acceptance form and provide a copy to the Iowa DOT. (i) Retain all records relating to project cost, including supporting documents, through December 31, 2032, and to make such records and documents available to Iowa DOT personnel for audit. (j) Ensure that applicable General Provisions and Project Conditions are included in any agreement between the SPONSOR and Engineer/Consultant. 4.00 SPECIAL PROVISIONS 4.01 The Project is for the sole purpose and use of aviation related activities and must be owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with this grant to activities unrelated to aviation. 4.02 Reporting Requirements — An annual report is required to be submitted to the Iowa DOT by January 1st of each year the grant is open. The report should broadly summarize the status on the project, anticipated completion date, and an overview of project funding utilization. Other reports may be required at the request of the Iowa DOT including but not limited to project schedule, project budget, passenger enplanements, and new hangar space. 4.03 All reimbursement requests must be submitted by June 30, 2026. 4.04 If the construction of a project is not completed and final claim is not submitted by the final claim reimbursement date of June 30, 2026, an airport will need to fund completion of the project in another way. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement, the SPONSOR hereby certifies that: 5.01 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or 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 with these assurances. The SPONSOR retains responsibility for compliance with these assurances and all other provisions of this agreement, regardless of any arrangement for management or operation of the airport. 5.02 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.03 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.05 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10 5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the SPONSOR specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination between such types, kinds, and classes. The SPONSOR may establish such fair, equal, 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 also 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 need of the public. It will operate the Airport on fair and reasonable terms, and without unjust discrimination. 5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan. The SPONSOR will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Signed this 20th day of June 2022 on behalf of the SPONSOR. By: Quertlia 1-tar1 xeOEey Ee[cffe Attested: Title: Mayor Title: Signed this day of By: City Clerk , on behalf of the Iowa Department of Transportation. Tamara Nicholson, Director Modal Transportation Bureau Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects) September 2020 CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal -aid Projects (Third -party State -Assisted Projects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service -disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State -assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 1963 Bell Avenue, Suite 200 Des Moines, IA 50315 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore, the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State -assisted funds which are administered by this firm (e.g. suppliers, manufacturers and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTORS SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6159) to identify potential material suppliers, manufacturers and contractors. Page 1 TSB Affirmative Action Responsibilities B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are submitted. Maintain complete records of negotiations efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: 1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or 2) Work to be subcontracted to a TSB; or 3) Any other commercially useful function. B. The contractor may count: 1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. 2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. 3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. 4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information". This form includes: Page 2 1) Name(s) of the TSB(s) contacted regarding subcontractable items. 2) Date of the contract. 3) Whether or not a TSB bid/quotation was received. 4) Whether or not the TSB's bid/quotation was used. 5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre- BID Contract Information Form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre -bid Contact Information Form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: 1) What pre -solicitation or pre -bid meetings scheduled by the contracting authority were attended? 2) Which general news circulation, trade associations and/or minority -focused media were advertised concerning the subcontracting opportunities? 3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? 4) Were initial solicitations of interested TSBs followed up? 5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? 6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? 7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? 8) Were services used of minority community organization, minority contractors' groups; local State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSINGED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form 730007, "TSB Pre -bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C of this document prior to the contract award. Form 730007 can be found here: https://forms.iowadot.gov/FormsMgt/Extemal/730007.doc Page 3 Form 730007WP 7-97 Contractor Project# County City TARGETED SMALL BUSINESS (TSB) PRE -BID CONTACT INFORMATION (To Be Completed By All Bidders per the Current Contract Provision) Page# In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE -BID TARGETED SMALL BUSINESS (TSB I CONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: Page 4 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state. ia. us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 5 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES L NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Page 6 Exhibit B Federal Governance of SLFRF The following is a non-exclusive list of applicable federal laws, rules, ordinances, regulations, guidance, and orders that govern SLFRF funds in addition to the American Rescue Plan Act of 2021, including Section 9901. CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS of the American Rescue Plan Act of 2021: • Section 602 of the Social Security Act (the Act), as added to Title VI of the Act (42 U.S.C. 801 et seq.) in section 9901 of the American Rescue Plan Act • Regulations adopted by Treasury pursuant to section 602(f) of the Act, including but not limited to 31 CFR Part 35 (the Final Rule for the Coronavirus State and Local Fiscal Recovery Funds effective as of April 2022), and guidance issued by Treasury regarding the Act or such regulations. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. o Subrecipients should refer to the Assistance Listing available on SAM.gov for details on the specific provisions of the Uniform Guidance that do not apply to SLFRF. o Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. o The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient must disclose in writing to the Authority any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. • Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. • Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. • OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non -procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. • Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. • Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. • New Restrictions on Lobbying, 31 C.F.R. Part 21. • Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. • Generally applicable federal environmental laws and regulations. • Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: o Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; o The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; o Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; o The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and o Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. • Any applicable requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Failure to comply with the foregoing may impede the ability to utilize SLFRF. Subrecipient must also comply with any applicable state laws, rules, ordinances, regulations, guidance, and orders. Exhibit C Project Application WATERLOO REGIONAL AIRPORT May 23, 2022 IOWA DEPARTMENT OF TRANSPORTATION - Aviation Bureau Attn: Mr. Shane Wright, C.M., Aviation Program Manager 800 Lincoln Way Ames, IA 50010 VIA EMAIL: SHANE.WRIGHT tr,IOWADOT.US RE: ALO — Waterloo — Grant Application — Iowa Commercial Aviation Infrastructure Fund Dear Mr. Wright - As per our previous conversations via in -person, telephone or Teams, please find attached the CAIF application materials for the Commercial Aviation Infrastructure Funded program for the City of Waterloo and Waterloo Regional Airport. We believe the project that we are proposing for the use of the nearly $2.2M in CAIF funding for an Airline Terminal Parking Lot Covered Canopy Structure will provide an excellent project as one component of a larger project to modernize the landside areas of the airline passenger terminal building for arriving and departing passengers. While I understand that the funds via this program is a once -in -a -career opportunity to conduct this type of work for Waterloo Regional Airport, Staff's intent is to maximize the project funds of $2,197,573 and is very appreciative of the funds as allocated to the airport. This project is widely supported project by members of the Airport Board, Airport Staff, and Senior City Leadership — but will be incredibly well received by the General Public once they are made aware of this project, if this project receives Iowa DOT approval. As such, we are respectfully requesting the support and approval from your office and that of your team allowing ALO to move forward. If you have any questions on any of the above, please call me at 319-291-4483, or via email at: KETH.KASPAREii WATERLOO-IA.ORG Sin erel . ! Keith D. Kasp Airport Director tut MPA, C.M. Attachment (FY-2022 CAIF Application) cc: ALO - CAIF Project File 2790 Livingston Lane • Waterloo, IA 50703 • P: 319-291-4483 • F: 319-291-4250 • www.FlyALO.com CJIOWADOT Form 291117 (02-22) AIRPORT STATE FUNDING APPLICATION PROJECT DATA SHEET Fiscal Year: 2022 Submit a separate data sheet for each project. Airport: Funding Program: Project Description: Engineering Firm (If unknown, write u City of Waterloo dba Waterloo Regional Airport Date: May 23, 2022 Iowa Commercial Aviation Infrastructure Fund Airline -rminal Parking Lot Covered Canopy Structure. nknown): AEC OM Shown on current Airport Layout Plan (ALP) Sketch: Project Justification (Include detailed information and data to support need): Detailed Cost Estimate (Attach separate sheet if necessary): Ifes Fl No Current ALP Date: February 11, 2014 Attach separate sketch from ALP if applicable. The canopy structure is one component of a larger project to modernize the Iandside area of the airline passenger terminal building for arriving and departing passengers The project includes entry road rehabilitation ($306,149); parking lot resurfacing (estimated at $200,000); and, wayfinding signage the city is conducting. The parking lot canopy structure will > Provide coverage of the parking lot ticket dispenser, > Provide coverage of the pay station exit lanes; > Provide coverage for disabled parking lot users. > Provide coverage for the most highly and frequently used parking spaces in the lot; and, > Incorporate LED lighting into the canopy structure. Item No: 1 Description: Mobilization and General Conditions (6%) - $108,700.00. 2 Description: Primary Entrance Canopy Structure (SF@ 820) - $205,000.00. 3 Description: Exit Canopy Structure (SF @ 2015) - $503 750.00 4 Descriptiion• Covered Parking Structures (SF @ 4,860) $1,093,500.00. 5. Administrative / Legal / Engineering $286,700.00. 6. Total Estimate: $2,197,650.00. Total Project Cost: hare: 4 j Requested State Snare: $2,197,573.00 Amount $2,197,573.00 Percentage 100% 100% Signature Airport Director Sponsor's Title Please e-mail the signed application to: Shane.Wright@iowadot.us IOWA DOT Form 105101 (3-18) Minority Impact Statement Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code 8.11, all grant applications submitted to the State of Iowa that are due beginning Jan. 1, 2009, shall include a Minority Impact Statement. This is the state's mechanism for requiring grant applications to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). Submit additional pages as necessary. The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project. I believe this project will have a very viable and positive long-term benefit and impact to all potential users and passengers at the Waterloo Regional Airport. The ability to have a covered canopy structure for the most frequently used area of the. airline passenger terminal parking lot, combined with the covered structures for the ticket dispenser, pay station exit lanes, covered parking areas for disabled passengers, use of LED under -canopy lighting fixtures, will provide overall components of a larger project to modernize the landside area of the airline passenger terminal for arriving and departing passengers. Indicate which groups are impacted. Women ■ Persons with a disability Pacific Islanders ■ American Indians ■ ■ ■ ■ Blacks ■ Latinos ■ Asians Alaskan Native Americans p Other All future passengers. The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project. The only potential unique and/or negative impact, would be short-term in duration, and expected only during the phasing of this project to accommodate the parking lot users during construction. Present the rationale for the existence of the proposed program or policy. The proposed project will provide for long-term benefits for all users of the airline terminal parking lot once active construction operations have been completed. Provide evidence of consultation with representatives of the minority groups impacted. Airport Staff (Director) have personally met with representatives of both the Bosnian and Burmese communities, and while it has been my experience that his demographic of local residents do not frequent the use of ALO very often for either business or leisure travel, therefore my goal has been to, and at a minimum, make these two communities more aware of the service offerings at ALO. Additionally, I have made in -person presentations to numerous local service and civil groups, such as: Rotary; Exchange Club; Kiwanis; and, Others, in addition to local Chambers of Commerce, Foundation Boards, University of Northern Iowa Leadership Committees, and other groups and organizations to make them more aware of the recent updates and related airport services at ALO. My continued goal as ALO's Director is to make everyone more aware, via an air service campaign for airport services to encourage an increase in travel. Indicate which groups are impacted. Women ■ Persons with a disability Pacific Islanders American Indians ■ ■ ■ ■ Blacks 11 Latinos Asians Alaskan Native Americans © Other All future passengers. The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. This project is not expected to have any long-term or negative impacts to users or any arriving or departing passengers. I hereby certify that the information on this form is complete and accurate, to the best of my knowledge. Name Keith Kaspari Title Airport Director Definitions "Minority Persons," as defined in Iowa Code 8.11, means individuals who are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans. "Disability," as defined in Iowa Code 15.102, subsection 7, paragraph "b," subparagraph (1): b. As used in this subsection: (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability" does not include any of the following: (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. 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