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HomeMy WebLinkAbout _ 9.11(c)--Award Bid RDD Runway 16-34 & Taxiway Connectors Rehabilitation & MAGVAR ImprovementsC IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: May 6, 2025 FROM: Michael Webb, Public Works ITEM NO. 9.11(c) Director ***APPROVED BY*** 6 c*'orksMirectcr i2t2Am ry 1pis n, Ci are e 4/30/202 mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 9.1l(c)--Award Bid Negotiation No. 5451 Redding Regional Airport Runway 16- 34 and Taxiway Connectors Rehabilitation and MAGVAR Improvements Recommendation Authorize and approve the following regarding Bid Negotiation No. 5451 (Job No. 9944-33), Redding Regional Airport Runway 16-34 and Taxiway Connectors Rehabilitation and MAGVAR Improvements Project (Project): (1) Award the Project to Redding Airport Constructors in the amount of $20,111,190 for the Base Bid, and an additional $7,666,587 for Additive Alternate 1 for a total amount of $27,777,777; (2) Authorize the City Manager, or designee, to approve, execute, and appropriate funds for amendments up to 15 percent of the final Federal Aviation Administration Airport Improvement Program grant for contract change orders or other eligible contract modifications; (3) Approve $270,000 for the cost of City administration and $1,717,000 in construction administration and inspection fees for Mead & Hunt Inc. for a total amount of $1,987,000; (4) Approve $1,573,336 for project development fees; (5) Authorize City Manager, or designee, to sign and execute an Authorization of Services (tentatively numbered 25-06) in the amount of $1,717,000 for the purpose of Construction Administration Services for the Project with Mead & Hunt Inc. (C-8976); and (6) Find that the Project is categorically exempt from environmental review under the California Environmental Quality Act, pursuant to Section 15301, Existing Facilities; Section 15302, Replacement or Reconstruction; and Section 15303, New Construction or Conversion of Small Structures. Fiscal Impact The Redding Regional Airport (RDD) Runway 16-34 and Taxiway Connectors Rehabilitation and MAGVAR Improvements Project (Project) is funded by federal transportation capital improvement grants under the Federal Aviation Administration (FAA) Airport Improvement Report to Redding City Council April 30, 2025 Re: 9.11(c)--Award Bid RDD Runway 16-34 & Taxiway Connectors Rehabilitation & MAGVAR Improvements Page 2 Program at a rate of ninety-five percent with the remaining five percent City match funds coming from revenues generated by the RDD Passenger Facility Charge (PFC) program. On October 1, 2024 City Council (Council) authorized the City Manager to appropriate all grants funds received to the City of Redding's Airport Funds for this project - authorized funding includes $29,938,491 in various FAA grant funds and $1,665,008 in City match funds for a total amount of $31,603,499. Cost Summary Table Item Estimated Project Development Costs $1,573,336 Construction Contract $27,777,777 Contract Administration, Inspection, Testing $1,987,000 Total Project Costs $31,338,113 Project Budget $31,603,499 Alternative Action The Council may choose not to authorize award of the bid for the project and provide staff with alternate direction. If Council chooses not to award the project, the City would lose a fairly - priced bid from a local contractor; risk increasing project costs due to escalation in materials and labor pricing; and likely, if the project were to be rebid, it would delay critical runway improvements included in this project to late 2026 or even 2027. In addition, the City may potentially lose out on the FAA $30 million grant funding for the project by disrupting an established timeline in which final bids are needed in order to submit a grant application. Background/Analysis The City is responsible for maintaining runways, taxiways, and other paved surfaces at RDD in sufficient condition to meet federal regulations and airport certification requirements while facilitating safe use of the airport. The proposed project will extend the useful life of aeronautical infrastructure at RDD by rehabilitating the runway pavement; reconstructing taxiway connectors and blast -pads; replacing high intensity runway lighting (HIRL); addressing magnetic variance on Runway 16-34; and updating airfield signage to meet the latest FAA standards. This project is crucial for airfield operations as the most recent runway rehabilitation at RDD took place in 2001. Furthermore, replacement of HIRLs at RDD will increase the safety and efficiency of night-time and low -visibility operations. The City's Airports Division intended to originally complete the project in October of 2024 with grant funding anticipated in Federal Fiscal Year (FFY) 2024. Ultimately, the FAA could not award an FFY 2024 grant for the requested amount at the time because of an FAA administrative error coupled with funding limitations resulting from the federal budget process including the repeated use of continuing resolutions which held in place previous funding levels. Due to the FAA's inability to fund this project in FFY 2024, the City postponed the project into calendar year 2025 with the intention of requesting an FFY 2025 grant from the FAA. At this time, funding is awaiting disbursement into the FAA system - the FAA San Francisco Airport District Office has indicated that this project is a top priority for FFY 2025. Attached is a tabulation of bids opened on March 5, 2024. The low bid amount of $27,777,777, comprised of a Base Bid and Bid Alternative 1 of $20,111,190 and $7,666,587, respectively, was received from Redding Airport Constructors, a Joint Venture of J.F. Shea Construction, Inc. of Report to Redding City Council April 30, 2025 Re: 9.11(c)--Award Bid RDD Runway 16-34 & Taxiway Connectors Rehabilitation & MAGVAR Improvements Page 3 Redding, California, and DeSilva Gates Construction LLC of Dublin, California. The contractor has agreed to honor this bid so long as a notice to proceed is issued by June 5, 2025. The engineer's estimate for the Base Bid was $16,361,895 and $7,670,140 for Bid Alternative 1 for a total of amount of $24,032,035. Total project development costs are estimated to be $1,573,336. Project development costs include engineering, surveying, environmental, and consultant services. The City has already selected Mead & Hunt Inc. for construction management and inspection (CM) services due to their expertise in airport construction and regulations per the consulting and professional services agreement (C-8976) executed on July 23, 2021 and attached to this report. For AIP projects, the FAA requires the airport sponsors to competitively select from among qualified consultants for various categories of AIP-related work including construction management. As the selected qualified consultant, Mead & Hunt, Inc. has already been contracted for engineering design and construction management for other phases of the project including the Preliminary Design Concept Study, Design Phase 2, and Procurement. Under the existing consulting and professional services agreement (C-8976) a new Authorization of Service in an amount not to exceed $1,717,000 would be issued to Mead & Hunt, Inc. for construction management on the upcoming project phase. The project includes the installation of storm drain pipe, cold milling the existing asphalt, repairing cracks after cold milling, paving multiple courses and grade transitions on runway shoulders, constructing runway grooving, constructing a blast pad, application of pavement markings, and installation of signage and runway lighting. Project Risks While the FAA continues to reassure staff that the project at RDD is the number one priority for funding at the district office and regional level, the FAA is unable to make any guarantees of funding prior to announcing grant awards. Based on the level of communications and reassurances made as to the priority of the project, staff is confident that this project will receive an award by July 2025. In order to meet the target construction period in late September and early October, the City needs to award the project to RAC no later than June 6, 2025 - otherwise, the received bids may expire as RAC has agreed to hold the bids to this respective date. By awarding the project prior to June 6, 2025, the City will be awarding the project without receiving an FFY 2025 FAA AIP grant which staff anticipates receiving before July 2025. Conversely, if the FAA does not award the FFY 2025 FAA AIP grant to the City, staff have conservatively identified approximately $2,000,000 in potential contract payments that could likely be due to the contractor in the event that the City is forced to terminate the contract as a result of not receiving the grant. Some of the potential contract payments likely due to the contractor would be eligible for reimbursement by the FAA through grants already issued, RDD FAA entitlement funds or, potentially, RDD passenger fare charge (PFC) funds in the amount of approximately $3.6 million. As a side note, the reimbursement eligibility of any contract payments is dependent on the completion of measurable units of work - as decided by the FAA. Funding for any potential required contract payments determined by the FAA to be ineligible for reimbursement would Report to Redding City Council April 30, 2025 Re: 9.11(c)--Award Bid RDD Runway 16-34 & Taxiway Connectors Rehabilitation & MAGVAR Improvements Page 4 need to be provided by other funding sources within the City. In the unlikely event of contract termination, staff will present to Council the amounts owed to the contractor with the recommended sources of funding as described above. Additionally, any RDD FAA entitlement or RDD PFC funding utilized for reimbursement in the event of contract termination will likely create a funding need for the project in the future. Environmental Review Staff has determined that the project is categorically exempt from environmental review under the California Environmental Quality Act, pursuant to Section 15301. Existing Facilities, Section 15302. Replacement or Reconstruction, and Section 15303. New Construction or Conversion of Small Structures. Class 1 exemptions include the minor alteration of existing public structures and facilities. Class 2 exemptions consists of replacement or reconstruction where the new structure will be located on the same site and will have substantially the same purpose and capacity. Class 3 exemptions consist of construction and location of new small facilities and equipment, or conversion of existing structures. The existing airport facilities will be rehabilitated and improved to better serve the public. The project will be located within the existing airport facility and the project will result in a negligible expansion of use, as the project does not increase airport capacity. The action area has been reviewed and it does not have significant values for wildlife habitat or other environmental resources. The project has no potential to have a significant effect on the environment. On February 21, 2024 the FAA determined that the project is categorically excluded from environmental review under the National Environmental Policy Act, pursuant to FAA Order 1050.117 Council Priority/City Manager Goals • Government of the 211t Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments ^Bid Tab ^Location Map NOE RDD Runway 16-34 Rehab & MAGVAR Imp NEPA FAA Redding RDD Rwy 16-34 Phase 2 Improvements_ltr_2-21-2024 C-8976 - Agreement - 2021 - Mead & Hunt, Inc Previous Staff Report BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Airfield Safety and Traffic 1 Control LS 1 $465,000.00 $465,000.00 $2,150,000.00 $2,150,000.00 Construction Staking and 2 Survey Layout LS 1 $200,000.00 $200,000.00 $200,000.00 $200,000.00 Temporary Haul Route 3 Improvements LS 1 $20,000.00 $20,000.00 $125,000.00 $125,000.00 Airport Access and Haul Route 4 Repair CY 400 $65.00 $26,000.00 $100.00 $40,000.00 Contractor Quality Control 5 Program (CQCP) LS 1 $335,000.00 $335,000.00 $1,175,000.00 $1,175,000.00 Prepare Storm Water Pollution 6 Prevention Plan (SWPPP) LS 1 $20,000.00 $20,000.00 $5,000.00 $5,000.00 Implement Storm Water Pollution Pollution Prevention 7 Plan (SWPPP) LS 1 $75,000.00 $75,000.00 $175,000.00 $175,000.00 8 Mobilization LS 1 $1,479,000.00 $1,479,000.00 $2,000,000.00 $2,000,000.00 9 Engineer/RPR Field Office LS 1 $80,000.00 $80,000.00 $200,000.00 $200,000.00 Install Runway Threshold 10 Survey Monument EA 2 $3,500.00 $7,000.00 $20,000.00 $40,000.00 Remove and Salvage Runway / Taxiway Light Fixture, and 11 Transformer EA 73 $500.00 $36,500.00 $700.00 $51,100.00 Remove Runway Light Base Can and Transformer, Salvage 12 Light Fixture EA 16 $780.00 $12,480.00 $800.00 $12,800.00 13 Asphalt Pavement Removal SY 10110 $9.50 $96,045.00 $10.00 $101,100.00 Cold Milling, 4-inch Depth and 14 Stockpile On -site SY 119330 $8.00 $954,640.00 $11.00 $1,312,630.00 Cold Milling, 2-inch Depth and 15 Stockpile On -site SY 13680 $7.00 $95,760.00 $5.00 $68,400.00 Cold Milling, Variable Depth 16 Transition and Stockpile On -site SY 22090 $11.00 $242,990.00 $1.00 $22,090.00 17 Crack Repair LF 30000 $2.50 $75,000.00 $2.00 $60,000.00 18 Daily Crack Repair Mobilization EA 35 $4,000,00 $140,000.00 $2,000.00 $70,000.00 19 Asphalt Pavement Repair CY 1400 $60.00 $84,000.00 $150.00 $210,000.00 Unclassified Excavation and 20 Stockpile On -Site" CY 1 2040 $85.00 $173,400.00 $125.00 $255,000.00 90MUM BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY 21 Subgrade Preparation SY 13480 $4.50 $60,660.00 $1.00 $13,480.00 22 RSA Grading SY 1170 $12.00 $14,040.00 $10.00 $11,700.00 23 Cement Treated Subgrade, 16- inch Depth SY 10110 $22.00 $222,420.00 $25.00 $2521750.00 24 In -Place Drying of Subgrade SY 2530 $8.00 $20,240.00 $2.00 $5,060.00 25 Excavation of Unsuitable Subgrade CY 680 $65.00 $44,200.00 $100.00 $68,000.00 26 Multi -axial Geogrid SY 2030 $5.00 $10,150.00 $15.00 $30,450.00 27 Recycled Base CY 1140 $85.00 $96,900.00 $150.00 $171,000.00 28 Crushed Aggregate Base Course CY 2710 $90.00 $243,900.00 $175.00 $474,250.00 29 Asphalt Surface Course TON 34640 $185.00 $6,408,400.00 $175.00 $6,062,000.00 30 Asphalt Mixture Leveling Course TON 12750 $175,00 $2,231,250.00 $175.00 $2,231,250.00 31 Asphalt Mixture Leveling Course for Asphalt Pavement Repair TON 3650 $195.00 $711,750.00 $175.00 $638,750.00 32 Emulsified Asphalt Tack Coat TON 122 $1,200.00 $146,400.00 $2,000.00 $244,000.00 33 Marking, Initial Application, White with Reflective Media SF 92300 $1.30 $119,990.00 $1.50 $138,450.00 34 Marking, Final Application, White with Reflective Media SF 92300 $1.00 $92,300.00 $1.00 $92,300.00 35 Marking, Initial Application, White without Reflective Media SF 52000 $1.00 $52,000.00 $0.75 $39,000.00 36 Marking, Final Application, White without Reflective Media SF 52000 $0.85 $44,200.00 $0.75 $39,000.00 37 Marking, Initial Application, Yellow with Reflective Media SF 8000 $1.30 $10,400.00 $2.50 $20,000.00 38 Marking, Final Application, Yellow with Reflective Media SF 8000 $1.00 $8,000.00 $2.25 $18,000.00 39 Marking, Initial Application, Yellow without Reflective Media SF 6500 $1.00 $6,500.00 $1.50 $9,750.00 40 Marking, Final Application, Yellow without Reflective Media SF 6500 $0.85 $5,525.00 $1.00 $6,500.00 41 Marking, Single Application, Yellow with Reflective Media SF 4800 $1.00 $4,800.00 $4.00 $19,200.00 Page 2 of 9 BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Marking, Single Application, 42 Yellow without Reflective Media SF 4300 $0.85 $3,655.00 $1.50 $6,450.00 Marking, Single Application, 43 Black SF 79300 $0.85 $67,405.00 $1.00 $79,300.00 Surface Painted Signs, Initial Application with Reflective 44 Media SF 3630 $8.50 $30,855.00 $10.00 $36,300.00 Surface Painted Signs, Final Application with Reflective 45 Media SF 3630 $8.50 $30,855.00 $6.00 $21,780.00 Storm Drain Pipe, 12-inch, RCP 46 Class III LF 240 $210.00 $50,400.00 $400.00 $96,000.00 Removal of Foreign 47 Substances/contaminates SF 43300 $3.00 $129,900.00 $1.00 $43,300.00 48 Grooving SY 100900 $4.50 $454,050.00 $4.00 $403,600.00 49 Seeding ACRE 10 $10,500.00 $105,000.00 $6,000.00 $60,000.00 Remove Miscellaneous Airfield 50 Electrical Components LS 1 $12,000.00 $12,000.00 $50,000.00 $50,000.00 No. 8 AWG, 5 kV, L-824, Type C Cable, Installed in Duct Bank 51 or Conduit LF 580 $3.00 $1,740.00 $5.00 $2,900.00 Concrete Encased, Electrical Conduit, 1-Way 2-Inch Sch 40 PVC, 52 Type 1 Trench LF 370 $100,00 $37,000.00 $60.00 $22,200.00 No. 6 AWG, Solid, Bare Counterpoise Wire, Installed in Trench Above Duct Bank or Conduit, Including Ground Rods 53 and Ground Connectors LF 370 $3.50 $1,295.00 $5.00 $1,850.00 Encase Existing FAA Conduit 54 with Concrete LF 70 $90.00 $6,300.00 $300.00 $21,000.00 Airfield Sign Legend 55 Replacement EA 26 $1,000.00 $26,000.00 $2,500.00 $65,000.00 Page 3 of 9 BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Install Salvaged Elevated Runway Edge Light Fixture and Transformer on Existing Can, 56 without elevation adjustment EA 10 $350.00 $3,500.00 $1,000.00 $10,000.00 Install Salvaged Elevated Runway Edge Light Fixture and Transformer on Existing Can, 57 with elevation adjustment EA 55 $1,600.00 $88,000.00 $2,800.00 $154,000.00 Install Salvaged In -pavement Runway Edge Light Fixture and Transformed on Existing Can, 58 with elevation adjustment EA 8 $2,600.00 $20,800.00 $3,000.00 $24,000.00 Install Salvaged Elevated Runway Light Fixture and 59 Transformer on New Can EA 16 $2,600.00 $41,600.00 $4,000.00 $64,000.00 Existing Electrical Junction 60 Structure Elevation Adjustment EA 9 $7,800,00 $70,200.00 $9,000.00 $81,000.00 Existing Electrical Junction Can 61 Elevation Adjustment EA 2 $2,500.00 $5,000.00 $3,000.00 $6,000.00 Install L-853 Retroreflective 62 Marker, Complete EA 9 $500,00 $4,500.00 $500.00 $4,500.00 TOTAL BASE BID $16,361,895.00 $20,111,190.00 Additive Alternate 1 Contractor Quality Control 1 Program (CQCP) LS 1 $26,000.00 $26,000.00 $194,506.00 $194,506.00 Airfield Safety and Traffic 2 Control LS 1 $16,000.00 $16,000.00 $200,000.00 $200,000.00 Construction Staking and 3 Survey Layout LS 1 $15,000.00 $15,000.00 $50,000.00 $50,000.00 4 1 Mobilization LS 1 $792,000.00 $792,000.00 $760,000.00 $760,000.00 Implement Storm Water Pollution Pollution Prevention 5 Plan (SWPPP) LS 1 $55,000.00 $55,000.00 $100,000.00 $100,000.00 Remove Airfield Light Fixture 6 and Base Can, Complete EA 88 $1,000.00 $88,000.00 $600.00 $52,800.00 Page 4 of 9 BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Remove Runway Light Base Can and Transformer, Salvage 7 Light Fixture EA 1 $780.00 $780.00 $1,000.00 $1,000.00 Remove Taxiway Light Base Can and Transformer, Salvage 8 Light Fixture EA 2 $780.00 $1,560.00 $1,000.00 $2,000.00 Underground Utility Investigation 9 and Potholing HR 52 $670.00 $34,840.00 $1,000.00 $52,000.00 10 Remove Existing Junction Can EA 6 $850.00 $5,100.00 $500.00 $3,000.00 Remove Existing Junction 11 IStructure EA 16 $3,100.00 $49,600.00 $1,000.00 $16,000.00 Remove Existing Airfield Guidance Sign and Protect PCC 12 Pad, Complete EA 17 $1,200.00 $20,400.00 $500.00 $8,500.00 Remove Existing Airfield Guidance Sign and PCC Pad, 13 Complete EA 29 $5,700.00 $165,300.00 $1,500.00 $43,500.00 14 Asphalt Pavement Removal SY 35730 $9.50 $339,435.00 $11.00 $393,030.00 Unclassified Excavation and 15 Stockpile On -Site CY 1400 $85.00 $119,000.00 $125.00 $175,000.00 16 Subgrade Preparation SY 42100 $4.50 $189,450.00 $1.00 $42,100.00 17 RSA Grading SY 6690 $12.00 $80,280.00 $10.00 $66,900.00 Cement Treated Subgrade, 16- 18 inch Depth SY 42100 $22.00 $926,200.00 $25.00 $1,052,500.00 Crushed Aggregate Base 19 Course CY 7480 $90.00 $673,200.00 $175.00 $1,309,000.00 20 Asphalt Surface Course TON 8980 $185.00 $1,661,300.00 $175.00 $1,571,500.00 21 1 Emulsified Asphalt Tack Coat TON 5 $1,200.00 $6,000.00 $2,000.00 $10,000.00 Asphalt Surface Treatment, P- 22 608 SY 840 $30.00 $25,200.00 $50.00 $42,000.00 Marking, Initial Application, 23 Yellow with Reflective Media SF 4300 $1.30 $5,590.00 $8.00 $34,400.00 Marking, Final Application, 24 Yellow with Reflective Media SF 4300 $1.00 $4,300.00 $4.00 $17,200.00 25 Seeding ACRE 1.4 $10,500.00 $14,700.00 $6,000.00 $8,400.00 Remove Miscellaneous Airfield 26 Electrical Components LS 1 $150,000.00 $150,000.00 $240,591.00 $240,591.00 90MEM BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY No. 8 AWG, 5 kV, L-824, Type C Cable, Installed in Duct Bank 27 or Conduit LF 28800 $3.00 $86,400.00 $4.00 $115,200.00 No. 6 AWG, Solid, Bare Counterpoise Wire, Installed in Trench Above Duct Bank or Conduit, Including Ground Rods 28 and Ground Connectors LF 20300 $3.50 $71,050.00 $2.00 $40,600.00 Non -Encased Electrical Duct Bank, 1-Way 2-Inch Sch 40 29 PVC LF 3660 $30.00 $109,800.00 $25.00 $91,500.00 Concrete -Encased Electrical Duct Bank, 4-Way 4-Inch Sch 30 40 PVC LF 240 $80.00 $19,200.00 $120.00 $28,800.00 Concrete -Encased Electrical Duct Bank, 6-Way 4-Inch Sch 31 40 PVC LF 510 $100.00 $51,000.00 $150.00 $76,500.00 Concrete -Encased Electrical Duct Bank, 1-Way 2-Inch Sch 32 40 PVC, Type 1 Trench LF 12880 $42.00 $540,960.00 $35.00 $450,800.00 Concrete -Encased Electrical Duct Bank, 1-Way 2-Inch Sch 33 40 PVC, Type 2 Trench LF 660 $210.00 $138,600.00 $35.00 $23,100.00 Concrete -Encased Electrical Duct Bank, 2-Way 2-Inch Sch 34 40 PVC, Type 1 Trench LF 1150 $52.00 $59,800.00 $52.00 $59,800.00 Concrete -Encased Electrical Duct Bank, 8-Way 4-Inch Sch 35 40 PVC, Type 1 Trench LF 200 $300.00 $60,000.00 $325.00 $65,000.00 Directional Bore Electrical Duct 36 Bank, 2-Way 4-Inch HDPE LF 980 $100.00 $98,000.00 $175.00 $171,500.00 Directional Bore Electrical Duct 37 Bank, 4-Way 4-Inch HDPE LF 120 $210.00 $25,200.00 $425.00 $51,000.00 Electrical Junction Can, L-868, 38 Type C EA 15 $10,500.00 $157,500.00 $2,200.00 $33,000.00 0 • • • BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Electrical Junction Structure, Aircraft Rated with Spring 39 Assisted Cover, Size 2, 2'x3'x3' EA 16 $36,000.00 $576,000.00 $17,000.00 $272,000.00 Install L-862(L) High Intensity LED Elevated Runway Edge 40 Light, Complete EA 64 $3,000.00 $192,000.00 $3,500.00 $224,000.00 Install L-862E(L) High Intensity LED Elevated Runway 41 Threshold Light, Complete EA 16 $3,600.00 $57,600.00 $4,000.00 $64,000.00 Install L-850C(L) High Intensity LED In -pavement Runway Edge 42 Light, Complete EA 6 $3,300.00 $19,800.00 $5,000.00 $30,000.00 Install Salvaged Elevated Runway Light Fixture and 43 Transformer on New Can EA 1 $2,100.00 $2,100.00 $3,000.00 $3,000.00 Install Salvaged Elevated Taxiway Light Fixture and 44 Transformer on New Can EA 2 $2,000.00 $4,000.00 $2,800.00 $5,600.00 Airfield Sign Legend Replacement with New 45 Transformer EA 25 $1,200.00 $30,000.00 $2,200.00 $55,000.00 Install L-858 Airfield Guidance Sign LED, 1 Module, Size 2 on 46 Existing PCC Pad, Complete EA 5 $4,100.00 $20,500.00 $3,000.00 $15,000.00 Install L-858 Airfield Guidance Sign LED, 2 Module, Size 2 on 47 Existing PCC Pad, Complete EA 6 $5,700.00 $34,200.00 $4,000.00 $24,000.00 Install L-858 Airfield Guidance Sign LED, 3 Module, Size 2 on 48 Existing PCC Pad, Complete EA 3 $6,700.00 $20,100.00 $5,000.00 $15,000.00 Install L-858 Airfield Guidance Sign LED, 4 Module, Size 2 on 49 Existing PCC Pad, Complete EA 2 $9,800.00 $19,600.00 $6,000.00 $12,000.00 Install L-858 Airfield Guidance Sign LED, 1 Module, Size 2 on 50 New PCC Pad EA 5 $15,500.00 $77,500.00 $7,000.00 $35,000.00 0 • • BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Install L-858 Airfield Guidance Sign LED, 2 Module, Size 2 on 51 New PCC Pad EA 9 $18,500.00 $166,500.00 $7,500.00 $67,500.00 Install L-858 Airfield Guidance Sign LED, 3 Module, Size 2 on 52 New PCC Pad EA 12 $21,500.00 $258,000.00 $10,000.00 $120,000.00 Install L-858 Airfield Guidance Sign LED, RDR, Size 4 on New 53 PCC Pad EA 7 $35,000.00 $245,000.00 $8,000.00 $56,000.00 Install New Windcone 54 Transformer EA 2 $1,500.00 $3,000.00 $500.00 $1,000.00 Airfield Electrical Vault 55 Equipment Improvements LS 1 $100,000.00 $100,000.00 $52,000.00 $52,000.00 Cold Milling, Variable Depth 56 Transition and Stockpile On -site SY -20190 $11.00 ($222,090.00) $1.00 ($20,190.00) 57 Asphalt Mixture Leveling Course TON -2600 $175.00 ($455,000.00) $175.00 ($455,000.00) Remove Miscellaneous Airfield 58 Electrical Components LS -1 $12,000.00 ($12,000.00) $50,000.00 ($50,000.00) Marking, Single Application, 59 Yellow with Reflective Media SF -4300 $1.00 ($4,300.00) $4.00 ($17,200.00) No. 8 AWG, 5 kV, L-824, Type C Cable, Installed in Duct Bank 60 or Conduit LF -580 $3.00 ($1,740.00) $5.00 ($2,900.00) Concrete Encased, Electrical Conduit, 1-Way 2-Inch Sch 40 PVC, 61 Type 1 Trench LF -370 $100.00 ($37,000.00) $60.00 ($22,200.00) No. 6 AWG, Solid, Bare Counterpoise Wire, Installed in Trench Above Duct Bank or Conduit, Including Ground Rods 62 and Ground Connectors LF -370 $3.50 ($1,295.00) $5.00 ($1,850.00) Existing Electrical Junction 63 Structure Elevation Adjustment EA -9 $7,800.00 ($70,200.00) $9,000.00 ($81,000.00) 0 I • • BID TABULATION FOR: Redding Regional Airport Runway 16-34 & Taxiway Connector Rehabilitation & MAGVAR Improvements Bid Schedule No.: 5451 9944-33 ENGINEER'S EST Redding Air ort Constructors UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM DESCRIPTION UNIT CITY Existing Electrical Junction Can 64 Elevation Adjustment EA -2 $2,500.00 ($5,000.00) $3,000.00 ($6,000.00) Airfield Sign Legend 65 Replacement EA -26 $1,000.00 ($26,000.00) $2,500.00 ($65,000.00) Remove and Salvage Runway / Taxiway Light Fixture, and 66 Transformer EA -73 $500.00 ($36,500.00) $700.00 ($51,100.00) Remove Runway Tight Base Can and Transformer, Salvage 67 Light Fixture EA -16 $780.00 ($12,480.00) $800.00 ($12,800.00) Install Salvaged Elevated Runway Edge Light Fixture and Transformer on Existing Can, 68 without elevation adjustment EA -10 $350.00 ($3,500.00) $1,000.00 ($10,000.00 Install Salvaged Elevated Runway Edge Light Fixture and Transformer on Existing Can, 69 with elevation adjustment EA -55 $1,600.00 ($88,000.00) $2,800.00 ($154,000.00) Install Salvaged In -pavement Runway Edge Light Fixture and Transformed on Existing Can, 70 with elevation adjustment EA -8 $2,600.00 ($20,800.00) $3,000.00 ($24,000.00) Install Salvaged Elevated Runway Threshold Light Fixture 71 and Transformer on New Can EA -16 $2,600.00 ($41,600.00) $4,000.00 ($64,000.00) TOTAL BID ALTERNATE 1 $7,670,140.00 $7,666,587.00 TOTAL BASE BID PLUS ADDITIVE ALTERNATE $24,032,035.00 $27,777,777.00 0 • • • 9 T )N AL VICINITY MAP NO SCALE CITY OF REDDING REDDING REGIONAL AIRPORT RUNWAY 16-34 AND TAXIWAY CONNECTORS REHABILITATION AND PUBLIC WORKS DEPARTMENT MAGVAR IMPROVEMENTS ZIA, LOCATION MAP NOTICE OFEXEMPTION TO: nx Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 nx Shasta County Clerk County of Shasta P.O. Box 990880, 1643 Market Street Redding, CA 96099-0880 FROM: City of Redding Public Works Department 777 Cypress Avenue Redding, CA 96001 Project Title: Redding Regional Airport Runway 16-34 and MAGVAR Improvements Project Project Location — Specific: 6751 Woodrum Circle Project Location — City: Redding_Project Location — County: Shasta Description of Project: The City of Redding (City) will conduct an airport rehabilitation and improvement project a reconstruction; replacement of runway 16-34 electrical, and replacement of airfield signage. Name of Public Agency Approving Project: City of Redding Name of Person or Agency Carrying Out Project: Ken Griggs, Assistant Airports Manager Exempt Status: (check one) 0 Ministerial [Section 21080(b)(1); 15268] 0 Declared Emergency [Section 21080(b)(3); 15269(a)] 0 Emergency Project [Section 21080(b)(4); 15269(b)] 0 Statutory Exemptions. State code number: 0 Common Sense Exemption (This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 1506 l[b][3]). 19 Categorical Exemption. State type and section number: Section 15301. Existing Facilities, Section 15302. Replacement or Reconstruction, and Section 15303. New Construction or Conversion of Small Structures. 0 No exceptions apply that would bar the use of a categorical exemption (PRD 21084 and 14 CCR 15300.2) Reasons why project is exempt: Class I exemptions include the minor alteration of existing_public structures and facilities. Class 2 exemptions consists of replacement or reconstruction where the new structure will be located on the same site and will have substantially the same purpose and capacity. Class 3 exemptions consist of construction and location of new small facilities and equipment, or conversion of existing structures. The existing airport facilities will be rehabilitated and improved to better serve the public. The project will be located within the existing airport and the project will result in a negligible expansion of use, as the project does not increase air traffic capacity. The action area has been reviewed and it does not have significant values for wildlife habitat or other environmental resources. The project has no potential to have a significant effect on the environment, Lead Agency Contact Person: Amber Kelley Telephone: 530.225.4046 If Filed by Applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? D Yes D NO Signature: Date: Title: Environmental Compliance ager Fx-1 Signed by Lead Agency Date received for filing at OPR: 0 Signed by Applicant CEQA NOS rc-N,. 6/210221 Q_ U.S. Department Western -Pacific Region 12999 Oak Rd, Suite 200 of Transportation San Francisco Airports District Office Walnut Creek, CA 94597 Federal Aviation Administration February 21, 2024 Redding Municipal Airport Kenneth Griggs, Assistant Airport Manager 6751 Woodrum Circle, Ste. 200 Redding, CA 96002 Subject: Proposed Project Categorical Exclusion at Redding Municipal Airport Dear Mr. Griggs: The Federal Aviation Administration (FAA) has reviewed the environmental information you submitted for the Runway 16-34 Phase 2 Improvements Project at the Redding Municipal Airport (RDD), Redding, California. The enclosed figure highlights the area of the proposed project. The FAA has determined the proposed project is Categorically Excluded pursuant to FAA Order 1050.1F as it relates to the National Environmental Policy Act of 1969, as amended (NEPA). Therefore, no further federal environmental disclosure documentation for the project components is necessary for NEPA purposes. This letter notifies you that the proposed project has complied with NEPA only. This is not a notice of final project approval of funding availability. If you have any questions regarding this matter, I am available at 925-546-6441, or by email at Christopher.D.Jones@faa.gov. Sincerely, Christopher D. Jones, Ph.D. Environmental Protection Specialist Enclosure CITY of REEDING 777 CYPRESS AVENUE., REDDING, CA 96001 P.O. Box 49607 1, REDDING, CA 96049-607 1 PAMELA MIZE CITY CLERK SHARLENE TIPTON, ASSISTANT CITY CLERK 530.225.4447 530.225.4463 FAX Mead & Hunt, ,, Is 'N Attn: Jeff Leo�' , ProjectManager 1360 19" Hol,rive, suite 200 Windsor, CA ��}92 x SUBJECT: C t tina an, dtProfe! Dear Mr. Leonard, Enclosed please find the full `' {,xecutl Professional Services Contract �}I nd b the purpose of providing design dt'l consulting services for the City of Reddt`i The Redding City Council approved this If you have any questions regarding this' Office of the City Clerk at (530) 225-404 Enclosure cc: Meyer Grannis July 23, 2021 Contract, C-8976 of the above referenced Consulting and .e Cij''Redding and Mead & Hunt Inc., for ttig se�i##�}struction management and other port�hi"sion. tt at its regular �eetmg, on July 20, 2021. t ift if as,nce, please contact the tt1 t Joan Twomey Executive Assistant CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made at Redding, California, by and between the City of Redding ("City"), a municipal corporation, and Mead & Hunt, Inc., ("Consultant") for the purpose of providing design and engineering services, construction management and other airport consulting services for the City of Redding Airports Division. WHEREAS, City doesi thereby necessitatin94 NOW, THERt��"ORE, the acknowled2ec{ °follows: SECTION Juojecrg ape terms n� City servi ceo " as needep reference herein. City Agreement for each prcJ, herein shall prevail ovo SECTION 2. ve sufficient personnel to perform the services required herein OWr personal services. and agree, for good consideration hereby iditiop set forth in this Contract, Consultant shall provide to tf `z", � " ement projects and on call engineering services 1�'pro�ectf"",,,,s attached as Exhibit A and incorporated by Consultant 't all enter into an Authorization of Service In the eveconflict, the terms and conditions set forth se set fore the 4thorization of Service Agreement. A. City shall pay Consultant for �ttSo rt'es rendered manner set forth in Exhibit r`���ultant's Fee u dated b Consultant P y fh $tf i herein, at the times and m, e marmot n " Service Agreement, and each such Authorization incorporated herein without further action of th payments specified in the Authorization of Servi( payments to be made to Consultant for srvices r Compensation maybe in the form of lum#�tC`$ basis. uant to this Contract in the lull$ may be amended and i ll orporated by reference hl'�proved Authorization of SO, rvice Agrgepment shall be }sties bg��``; ttcessary. The AWN 't9`,..shall be the only 0�`piirsuant to this Contract. nt, or on a time and expense B. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in each Authorization of Service Agreement. The payments specified in the Authorization of Service Agreement shall be the only payment to be made to Consultant for services rendered pursuant to this Contract. C. All correct, complete and undisputed invoices sent by Consultant to City shall be paid within thirty (30) calendar days of receipt. N CC ID Consulting and Professional Services Agreement Page 1 Rev.6/15 Wl 1 --7 ( , �-- SECTION 3. TERM AND TERMINATION A. The term of this Contract shall be for five (5) years commencing on the date of this Agreement. The City shall have the option to extend the contract for one (1) one year term. Time is of the essence. B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then Cit�z{die right to terminate this Contract effective immediately upon City Ili "written tt thereof to Consultant. C. Et00 T Party may termin,l4this Contract without cause on thirty (30) calendar days' xxhl`ten notice. Notwith' ding the preceding, if the term set forth in Section 3.A. �F this Contract exceed inety (90) calendar days in duration, Consultant's sole terminate shall be limited to termination for cause. ky D. ConstfJt�, ackn�,d agrees that the obligation of City to pay under this Coi tta t�'`is c I" , nt up the availability of City's funds which are �t 1 appropriated or all�fed by the t� Council. Should the funding for the project and/or work set ft herein not bl``proprtated or allocated by the City Council, City may terminathis Agreemg4 furrtrhing at least thirty (30) calendar days' written notice of i e event of a termination pursuant to this subdivision, } y,=entt Q to a remedy of acceleration of payments due over the term of this;i` eement. ThW1Parties acknowledge and agree that the power to terminate descxb`��erein is req�d by Article 16, Section 18, of he California Constitutton,nshtutioJ'provr�J,pn supersedes any law, rule, regulation or statute woilxcts with lhipi`avisl this Section. E. In the event that City gives notice of tea iination, Conk t`ant sha11 promptly provide to City any and all finished and unfinished reporf,'idata, slt'r, photographs; charts or other work product prepared by ConsultaI��ttr`pt is Contract. City shall have full ownership, including, but pot limit�tslte�flectual property rights, and control of all such finished and unfi f� Apo 3, data, studies, photographs, charts or other work product. ' �� t�tk'�`""' F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information Consulting and Professional Services Agreement Page 2 Rev. 6/15 as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide411r}p4,t'ey equipment as required by Consultant for such access. "MV 57 i� is B. otherwse afire`{�i{f in an Authorization of Service Agreement, City shall arrange and pay f all advertisements for bids, plan approvals, permits and It uses required by loc ,� i tate or federal authorities associated with the projects. C. ltt`�uant to the City's business license ordinance, Consultant shall obtain a City �7 btltss license=prior to commencing work. D. Consultar " `present },n warrttt to City that it has a licenses, permits, Ati qualifications and fbvals of an'"t,pature whatsoever that are legally required for Consultant to prae its profess {{`Consultant represents and warrants to City that Consultant s" 1� at its solepense, keep in effect or obtain at all times during the t,t ,.of this C' 'bract a nses, permits and approvals that are legally required fori4o`practt� Ision. �r M" E. Consultant shall, durin g the enit{Irm of this ntract, be construed to be an independent contractor and m this Covet 1s } ,tended, nor shall it be tk construed, to create an eryerlployee r�hshtp�sociation, joint venture relationship, trust or earth ip or tse discretion or control over the professional manner in which''`C'nsultant p�rms under this Contract; provided, however, that the services to be provided tffonsultata}� be provided in a manner consistent with the professional stand appltto such services. The sole interest of the City is to insure that servie�� f�sdered and performed in r a competent, efficient and satisfactorall taxes imposed on Consultant's income, imposed or assessd4s ry, reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. Consulting and Professional Services Agreement Page 3 Rev. 6/15 F. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto. G. No portion of the work or 'services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and s��,,, bound by its terms. Consultant shall be the responsible party with�I''foal`i «i,�s of its independent contractors and subcontractors, and sha,�,tain such msc�ce and indemnity provisions from its contractors and stt<''ntractors as City's �1c Manager shall determine to be necessary. ut. G. i sultant, at such timid"rid in such form as City may require, shall furnish City such periodic reports as it may request pertaining to the work or services un"taken pursuant to this Contract the costs or obligations incurred or to be incurr� p1 g11tion tl��Eil� Gnd any other matters covered by this Contract. H. Consultant shall rrt%iiin account`Jd records, including personnel, property and financial records, equate to ideri and account for all costs pertaining to this Contract and such}ether records{�tnay be deemed necessary by City to assure t proper accounting fill proe�lt ds records shall be made available for audit purposes to stag,;{,,ral au� } tltokany authorized representative of City. Consultant shall retam'such r�ds for thre��tj) years after the expiration of this Contract, unless prior permis do destroy thefts granted by City. I. Consultant shall perform alit r�tce { pqutred p r iit to t j#s Contract in the manner M11ri and according to the j�'dards`�`��'f�by a ppetent practitioner of Consultant's profession. All produwhich Consultant delivers to City pursuant to this Contract shall be pre d in afit onal manner and conform to the standards of quality normally rv�hib�r�'otson practicing £ff f( the profession of Consultant and its agents, employes `�fcontractors assigned R to perform the services contemplated by4�4q, z y lu ' J. All completed reports and other data or documents, or computer media including diskettes and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses; damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications Consulting and Professional Services Agreement Page 4 Rev. 6/15 or other work product prepared by Consultant, except for use by City on those portions of the City's project for which such items were prepared. K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by 'City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. L. Cons@ tt'ttI Is advis�'11 this Contract creates a "covered transaction within the # 1 i O t t mof Title 2 180. By signature herein, Consultant certifies that at tz�tne it submitted a posal for the work contemplated herein to the City and at it executes this tract neither it nor its principals were or are presently ,arred or sus pendedny federal department or agency from participation in t,work required herein. Consultant shall comply with Title 2 CFR Part 1200 and Tt`�CFR Part 1$0; Subpart C, by administering each lower tier subcontract that exc��,��s a "��, f}fr nsaction". In such cases, prior to execution of this e, that each lower tier of a covered participant transaction is not rently debar otherwise disqualified from participation in this federally assi project. The Consultant mad comph }tkr+t1Rll }� it irfttti tt�{�3 �D xz� 1. Checking the Systeri for Aw�lanagem1I at website http://www.sanLgoy. 2. Collecting a cert this Section 4.L. 3. Inserting a clause or condition in contract. Consulting and Professional Services Agreement Rev. 6/ 15 forth in lower tier Page 5 SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Coverage R it Not Required Commercial General Liability x Comprehensive Vehicle Liability x Workers' Compensatio90f`�lpyers' Liability x .r,i Professional LialiltlxE`irors and ns) x ace an 'x inthe appropriate box) �,', B. erage shall be at le aT 'S broad as: 4 P >�. y# i jI Insurance Services Office form number CG-0001, Commercial General r,'l1 r Ltabiltt Insurance to an amount not less than $2,000,000 per occurrence gregate for bodily injury, personal injury and 2. Insurance r,1116 ''' ervices Off form number CA-0001 (Ed. 1/87), . Comprehe'tiye Automot}�''`LabtlIyj Insurance, which provides for total limits of nb1�=¢l�s `"�t000+iTbined single limits per accident applicable to alI##p,,�4>fion,fand"i5,44 vehicles; 3. Statutory Workers' tion required'thy the Labor Code of the State of California and Eiability IW ""nce ]� r1n amount not less than $1,000,000 per oc�ce �sation and Employers' Liability policies sill contaitf,,{ttt'1fti'er's wer of subrogation in favor ,ii s,,,`SJ. tit t of City, its elected officials, officers, employe gents and volunteers; 4. Professional Liability (Errors and Omts) f�te"e, appropriate to Consultant's profession, against lass due t�+�', 4,r"`omission or malpractice in an amount not less than $1,00�,1, { f7Uia 5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected officials, Consulting and Professional Services Agreement Page 6 Rev. 6/15 officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability shall contain or be endorsed to contain the following provisions: 1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. Ts�t�,hall contain no special limitations on the scope of protection its elected officials, officers, employees, agents and The insurance cq a e of Consultant shall be primary insurance as respects t s} f' g p. y p t,r,`t,'City, its electedicials, officers, employees; agents and volunteers. Any insurance or self-insurance maintained byCity, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's 3t nd sh��,tn ute with it tt b . 3. Coverage s state that the#psurance of Consultant shall apply separately to each insainst whade or suit is brought, except with 3 respect to t "'limits of the t ��rer's ltability. yg $ } 4 4. Each in suranrj�ltit x`tuired 4t fi�!j�lntract shall be endorsed to state that coverage shall "not belled ex cep ffter thirty (30) calendar days' prior written notice has b > `f given to In addition, Consultant agrees that it shall not rerage or li1111111,11Yn an,fsuch policy except after thirty (30) calendartj�� prlwntten rtt� hasPANgiven to City. }t Alt. E. Insurance is to be placed wtth insurers'll a' current ={�I Best's rating of no less IIA than A-VII. 1'� F. Consultant shall designate the City of Reddmg MI- t,`r'r, r` rtifcate Holder of the insurance. Consultant shall furnish City ,1ttrl�afs of insurance and original endorsements effecting the coverages '�`'y this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner. Consulting and Professional Services Agreement Pagel Rev. 6/15 G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification. H. If any policy of insurance required by- this Section is a "claims made policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Contract. �, P „�._ t I. If ap��t 'image, in death, death, personal injury or property damage, occurs in cor�,��NEon with the mance of this Contract, Consultant shall immediately n411"�yCity'sRisk Mana"�by telephone at (530) 225-4068. No later than three (3) ,ndar days after the eft, Consultant shall submit a written report to City's Risk t Y 1{ { 11 � nager containing the Itlowing information, as applicable: 1) name and address o t, jured or deceased person(s); 2) name and address of witnesses; 3) name and t i adds of Consultant's insurance company; and 4) a detailed description of the dama1,er an,,I,`Y,{uerty was involved. SECTION 6. Ia Consistent with Ct!xornia Ctvtl 8, when the services to be provided under this Contrac�rvices to be performed by a design professional, as that td�Iti{tied u�t,�Olci2782.8; Consultant shall, to the fullest extent permitted by'iaw, I efend and hold harmless, City, its elected officials, officers, em�)g es, and agand each and every one of them, from and against all act��'�mages, costz�biht claims, losses, penalties vmlg and expenses (including, bgti lated to, res,'able �rney's fees of the City tg }i}t�<< gait It p3tsJ ttys t,,.,'t i Attorney or legal couns rtetamed t �7 t � tj xpert { � s, litigation costs, and investigation costs) of every type and d`'scli`ption to any or all of them may be subjected by reason of, or resulting from, directlindtrectl�`�, negligence, ,t t t'+tt r . recklessness, or willful misconduct of Consultant, tt�t�ffic�tt�oyees or agents in the performance of professional services ur`ttt�t `tt�ntract, except when liability arises due to the sole negltgenc r tIigence or misconduct of the t't �t,� ,rx City. ... sa .t . B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation Consulting and Professional Services Agreement Page 8 Rev. 6/15 A 17 E. costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing Jclx��l4ity within thirty (30) calendar days; in addition to any other reme t rthorizedyl:�v, the City may withhold such funds the City reasonably c09'','s necessary fo`r�%z defense and indemnity until disposition has been made o, claim or untonsultant accepts or rejects the tender of defense in ng delivered to the t, whichever occurs first. This subdivision shall not be Wtrued to excuse the mpt and continued performance of the duties required of Section a pltes`'I policies are appli limitation upon tl City shall have thox,fiht to Consultant pursuant t reimbursed for all costs "a obligations set forth in this S SECTION 7. /:1 defend, and hold harmless set forth in this rility regardless of whether any insurance its of said insurance policies do not act as a ication to be provided by Contractor. This Contract shall be deemed to have been``nterec questions regarding the validity, interpretation or pc of any rights or obligations of the parties to this California law. If any claim, at law or otherwise,3 4 Contract, the prevailing party shall be erttlef fees. the legal counsel retained by City's interests. City shall be ;ed by City in enforcing the i Redding, California. All nce ofits terms or �et0 , gfht l `e governed by iby either party to this and reasonable attorneys' B. This document, including all exhibits, and the Authorization of Service Agreements to be adopted hereafter, contain the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms Consulting and Professional Services Agreement Page Rev. 6/15 or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any pj�i4' ,trf,t,jh�s Contract or the application thereof to any person or circupc``'sall lid or unenforceable to any extent, the remainder of this Co" t` shall not be 'ffted thereby and shall be enforced to the greatest extent pied by law. E. headings in this Cdtract are inserted for convenience only and shall not - chfitute a part hereof. A waiver of any party of any provision or a breach of this Co�ftct must be provided in writing, and shall not be construed as a waiver of any othc l n'fjtl r any r{ tj,"'it breach of the same or any other provisions herein.NO F. Each Party heretof'#lares and repents that in entering into this Contract, it has relied and is relytt,gment, belief and knowledge of the nature, extent, et thereto. Each Party further declares (\ 5z ,s t 4Jtit }tr 4' 1 I7t tiiSw 7 and represents that thi l,. reliance upon any statement or representation not contained`"herein f i"M#nay other sty or any representative, agent or attorney of the other Party T�rties agree tl�{they are aware that they have the right to be advised by qp,�z with respectt�,t the ,negotiations, terms, and i 1 t„ t4 1{ t conditions of this Contract 401 hatrt e dectstor t lrz vheth i not to seek the advice of counsel with respect to W 'Cont w1�> 1s the sole responsibility of each of the Parties. Accordingly, no'`�atfy shall l''cemed to have been the drafter hereof, and the principle of law set forth in contracts are construed against the drafter shall not apply. tr4zlt �r , f G. Each of the Parties hereto hereby rrevo}l#1 �� "any and all right to trial by jury in any action, proceeding, claim or c6di im, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict Consulting and Professional Services Agreement Page 10 Rev. 6/15 between the terms and conditions of any two or more exhibits or attachments hereto; those prepared by City shall prevail over those prepared by Consultant. SECTION 8. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS- NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and11r14frnments. B. In thy{{ rformance of llii ,,Contract, Consultant shall not discriminate against any emcee or applicant f 4 employment because of race, color, ancestry, national orl; religious creed, se�r�exual orientation, disability, age, marital status, political af11,31, tion, or membership'},fir nonmembership in any organization. Consultant shall to"ffirmative action to ensure applicants are employed and that employees are tt his treat'1urtng their employment without regard to their race, color, ancestry, national grientation, disability, age; marital status, political affiliation,'`' '� hibers t'dr non py, hership in any organization. Such actions shall include, but not be ,l t''ted to, the owing: employment, upgrading, demotion or 9-0 transfer, recruitmenl, recruitment rtising, layoff or termination, rates of pay or other forms of Como at on and sel on for pining. SECTION 10. A. During the performance of this gtt�i t, the Consut, for itself, its assignees, and successors in interest agrees ark s: 44 1. Compliance with l�tlatioix �p'��tfit$"`shith the regulations relative to nondiscrimination ederall�ned ro rams of the y�,<<g „ p � Department of Transportation (hereinafter cap' DOTS `�' 1�49, Code of Federal Regulations, Part 21, as they may,", time time to time (hereinafter referred to as the Regulations),,," ,-Apieherein incorporated by reference and made a part of this 2. Nondiscrimination. Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Consulting and Professional Services Agreement Page 11 Rev. 6/15 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by Consultant of Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall ��� to its books, records, accounts, other sources of information ,r iits facili� as may be determined by City or the Federal Aviation s,t zAdministration' ��A) to be pertinent to ascertain compliance with such Regulations, ordt}}, and instructions. Where any information required of Consultant is m I��'exclusive possession of another who fails or refuses to ''M��� furnish this tnfo�tion, the Consultant shall so certify to the City or the FAA, as appropriate, and shall set forth what efforts it has made to obtain #f r4.............. ,jtr,t,;,w the information. 5. itefl t'°s for ` gyp' --p with the n.periminatio such as including, t` not limtted >j 5M��ifr,4 4 it (j t`i a. Withholdtr� Consultant corrip ies, a r 6 b. Cancellation, terrnt� i 1 r4 part. G� In the event of Consultant's noncompliance visions of this contract, City shall impose the FAA may determine to be appropriate, the contract until the in whole or in Incorporation of Provisions. TCOConsuclude the provisions of paragraphs 1 through 5 in every subcontrat;tl'ncludmj ,urements of materials and leases of equipment unless m �, PO"01",O" ="regulations or directives issued pursuant thereto The all take such action with respect to any subcontract,,,,,,,,,,,,,,,,",",,,',,fpi�iillas City or the FAA may direct as a means of enforcing"' ions including sanctions for noncompliance. Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request City to enter into such litigation to protect the interests of the City and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Consulting and Professional Services Agreement Page 12 Rev. 6/15 7. DBE Obligation. Consultant agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that Disadvantaged Business Enterprises/Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. 8.'lnt�j'tana While Driving. Consultant agrees to adopt and enforce ace policies to decease crashes caused by distracted drivers ,tis,r g p 5 , messaging g performing y ncludin olic �� � ban text messa in while driving when erforming an for, or on ��t r if of, the Federal government, including work relating grant or snt. Consultant also agrees to conduct workplace safety tiatives in a m' er commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing ,r j�tns tob�act messaging while driving; and 45, b. Educatt''kwareness, at pther outreach to employees about the safety Ir t, risks awith texrg while driving. 9. Required FM41 Contra provisions req'tiuil;jf are hereby incorporated versions of these provisi incorporated herein by1 SECTION 11. tt;ovisia,''q he required federal contract Wil t'tll Airport Improvement Program by rgoik e into twontract and the current ot,,;�"included in �hibit C attached and A. Cty's representative for this Contract is Frank Meyet�sststant ts Manager, email fine, ey r@cityofredding.org, telephone numbe s`I �30) [ k y t<;';' cell number (530) 215-5256. All of Consultants questions pertly �rit�s Contract shall be referred to the above -named person, or tq `e reignee. B. Consultant's representative for this Contract is Jeff Leonard, Project Manager, email ieff.leonard@ meadhunt.com, telephone number (707) 284-8676, cell number 707- 280-3115. All of City's questions pertaining to this Contract shall be referred to the above -named person. C. The representatives set forth herein shall haveauthorityto give all notices required herein. Consulting and Professional Services Agreement Page 13 Rev. 6/15 SECTION 12. NOTICES A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: I To Consultant: Redding Muncipal�t,`ftt Mead & Hunt, Inc. Attn: Frank Mel{j;,Ast Airportttnager Attn: Jeff Leonard, Project Manager 6751 Woodru ; rcle #200 �,faf { 1360 19 Hole Drive, Suite 200 : Redding, CA '02 Windsor, CA 95492 74 tilr ;1j#ijj t411 } y is { t B. Ef� party may change its address for the purposes of this paragraph by giving the other party in the manner provided in this Jectton � t �t5 + Olt tr i i j � C. Notice shall be d�}�ed effective t�n 1) personal service; 2) two calendar days after mailing ortr**Ission by fa 4i iile, whichever is earlier. SECTION 13. A. Each of the undersigned signato,liereby reprand warrants that they are authorized to execute this C�on half he respective parties to this Contract; that they have f41, r � gYr ;{' power an , �ful � ority to undertake all "1 , obligations as provided i, I(is Co��t jrj t'r the �ution, performance and Est, r �� �� delivery of this Contract by said signatortjha' been fu��r"authorized by all requisite actions on the part of the respective parties to this Corot t B. When the Mayor is signatory to this Contract�x{0 ty rManager and/or the Department Director having direct rponstl1� managing �o> mana in the services provided herein shall have authority to �,>�l' ny amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. SECTION 14. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. Consulting and Professional Services Agreement Page 14 Rev. 6/15 IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below: CITY OF REDDING A Municipal Corporation Dated: Z 2021 By: Kristen Schreder Vice Mayor APPROVED AS TO FORM: BARRY E. DeWALT City Attorney CONSULTANT Mead and Hunt, Inc. Dated: '-, o i-1, 2021 pzx'� rt,cn; i Attachments - Exhibit A Consulting and Professional Services Agreement Rev, 6/15 Page 15 EXHIBIT A 1. Assistance with preparation of applications for Federal Aviation Administration (FAA) Airport Improvement Project (AIP) grant funding and representing the City in discussions with the FAA regarding projects and grants 2. Runway, taxilane, taxiway and apron development, reconstruction, and resurfacing 3. Airfield electric y�1=� up � 7 i �i 44 tr tjxc:r � 1 {{tft 4. Security�g 5. Airfie t}gnage and marking 6. Infrast� s and irrtgt 7. Aircraft h� 8. Drainage i and electrical facilities improvements improvements including access roads, vehicle parking lots, landscaping 9. Access control systems 10. AGIS Surveys 11 Aerial Photography 12. Navigational Aids and W 13. Environmental 14. Wildlife 15. Airport engineering and x City time by the laws 11 1910 0 H MEAD & HUNT, Inc. Standard Billing Rate Schedule Effective January 1, 2021 Standard Billing Rates Clerical F ..'h)bur ............. ...................... ...... Te"hnical Ed S 19, -------------------- .................. - .... ............. - ------------------- 00 f hour g, g", t Senior Ede ml M 7 3 �00 f h homer, ,#N 5 34DO I hour V I � ................... ....... Siv 10-013.1 hour ........... N13.1 hour .............. ------- ----------- ----------- Si(33.12 fl, W �lft H,Surr-ye ...... S 121.04) rtiFiignlll - .................................... .......... S i 2'0.DD f hour .............................. ................. 4"Ign"L S 14 9.110.e hour ................................ - ...................... ......................................... ......... - - S 1i 20.01D ! hour ri Erigin-'41#11,86-intist 11r s#ii e t 11. In nor -Designel jo n .... ... .. . znn Senior hit Senior Plannsr, Senior Eoof* 0, tR ...................... Prole ro e.0 tArch ng - Wffil- Profe-c-r-F-�!3—nn sr ................ Senior ProjE-r-s Engin4E-sr. S-n;r "p, q, jc-,-t Scientist. $4, 7� Profec, lrv-.z-Ti6r Designer. S4�uWroject PlIrt"' ELenjqr Assoclaze, PriwipajSenior', Expenses C ieographic Info=ation or 13ps Systems Total Station Surrey Equipment ........................ Charges f cc o a V, s r ? q u i p m E- n 1 m a y a p a r�,j'i' Oul-O.-Pocket Oirecz Job EXF-snse5 ...... Suclin as reproduc-:.ms. sub-:onsulta' Planner 11 ................................ .......... S i -5.DD .1 hour r, Pfanrier 11l .... S i M. Do hour s#Oor Interior Oesigrl-?rF ..................................... -------------- S;24.00 hour t Interior Oestgqer,, if ............... ....... ...... y S21 2.b�b i hour "N ft ................... OFProie-nArk,bile-ct. Senior ur ............ "t'.'AA ................ Ole, .................... S252-013 ho S330.00J hour ................... 5 i DOM I day .......... ...... ...... i I O.DO I day Travel Expense Company or Persona I C�sr Mileage . ............................................... ....... * the cufrent JPS rate as o'Jan. 2021 k: S0-56 cents per rnife Air and Surtace Trans Dona tion ........................ ................. ..................... Lodgin g and Sustenance .. - .......................... :A"'; A ............. cost plus 15% :`cost Dlus 151/6 .cost Plus 15% Billing & Payment "I Travel time is cKirgsd ;or -m:,rk required to be performed out-of-offi, ,—. A minimum oa two hours will be billed for any work out-of-O.ffic*. Invoicing is on a monthly basis for work performed- Payment for servi-Se: is due within 30 days from the date of the irwok:e. An irteresl charge- of 1-5% Per month is made on the unpaid balance starting ?@ days after the elate 0f irjvoi'-e- This sche-dule of billing rates is effc.-.tive January 1, 2021, and will remain in effect until December3 i, 2021, unless unforeseen increases in oPeraJonal oos--s are encountered. We reserve 'he righ, to change rates to reffec! su,--h increases. EXHIBIT C Required Federal Contract Provisions 1.1. Access to Records and Reports (Reference: 2 CFI § 200.333, 2 CFR § 200.336, FAA Order 5100.38). The CONSULTANT must maintain an acceptable cost accounting system. The CONSULTANT agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any oftheir duly authorized representatives, access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The CONSULTANT agrees to maintain all books, records, and reports required under this cort,4t£f� period of not less than three years after final payment is made and all pendingmo 'ae.clotz{+i 1.2. Breaq,,!1",;4 '`'Contract Terms (Re ence: 2 CFR § 200 Appendix II(A)). Any violation or breach of tern���fthis contract on thei1,t of the CONSULTANT or its subconsultants may result in the sus � sionortermination oft -I contract or such other action that maybe necessary to enforce therts of the parties of this agreement. Y i st}t�+Y s xy SPONSf��lJ$provayCONSULTAIT v�tritten notice that describes the nature of the breach and corrpndertake in order to avoid termination of the contract. SPONSOR resery�h`e right toltihold payments to CONSULTANT until such time the CONSULTANT corre the breach or ""J'��PONSOR elects to terminate the contract. The SPONSOR's notice willrntify a specific 1t by which the CONSULTANT must correct the breach. SPONSOR may reed with tpr�rwation ote contract if the CONSULTANT fails to j correct the breach by del.l�Slf 4ih the �;R's notice. The duties and obligations imposed by available thereunder are in addition t' and remedies otherwise imposed Qf� 1.3. Civil Rights =General (Reference`tt',9 USC 1.3.1. Sponsor Contracts rntract Do not a limita IE GENERAL CIVIL RIG !nts and the rights and remedies of, any duties, obligations, rights The CONSULTANT agrees to comply with pertinent "fdfes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the CONSULTANT and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 1.3.2. Sponsor Lease Agreements and Transfer Agreements GENERAL CIVIL RIGHTS PROVISIONS The (tenant/concessionaire/lessee) agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the (tenant/concessionaire/lessee) transfers its obligation to another, the transferee is obligated in the same manner as the (tenant/concessionaire/lessor). This provision obligates the (tenant/concessionaire/lessee) for the period during which the property is owned, used or possessed by the (tenant/concessionaire/lessee) and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 1.4. Civil Rights Title VI Assurances (49 USC § 47123, FAA Order 1400.11) 1.4.1. Titff,)t�oilitiitJ�ltrt Notice. The City, in accordance with the provisions of Title VI of the [rghtsAct of�� (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, ...... } reby notifies all bi ds or offerors that it will affirmatively ensure that any contract lI Aff,re into into pursuant khis advertisement, [select disadvantaged business enterprises airport concession [advantaged business enterprises] will be afforded full and fair opportunity to submi`t� ids in response to this invitation and will not be discriminated rAlgainst on the grounds of race, color, or national origin in consideration for an award. 1.4.2. Tit r��es fob l�i�ifkf#� with Nondiscrimination Requirements. During the perfor'`m`�ce of tfr �htract, tfr'�QNSULTANT, for itself, its assignees, and successors r t in interest (her[er referred t the "CONSULTANT") agrees as follows: a. Complianc '�ith Regulatio, The COtt I ULTANT will comply with the Title VI List of t Pertinent 1\16$iscriminit�tttatute pd Authorities, as they may be amended from time to ti'rrle,l�icare heylfoorpt�ed by reference and made a part of this contract.,'t5t; Q Non-discrimination:Thrp�,�'I,ULT during the contract, i) ,not 44rir origin in the selectr`nd retelnftc materials and leases of equipmerit indirectly in the discrimination prof- employment practices when the ci set forth in Appendix B of 49 CFR p, rformed by it )r, or national )curements of ate directly or ons, including t, or program Solicitations for Subcontracts, I'r,#off'"`" Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the CONSULTANT of the CONSULTANT'S obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. d. Information and Reports: The CONSULTANT will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a CONSULTANT is in the 1.4.3. exclusive possession of another who fails or refuses to furnish the information, the CONSULTANT will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of a CONSULTANT'S noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1. Withholding payments to the CONSULTANT under the contract until the CONSULTANT complies; and/or terminating, or suspending a contract, in whole or in part. to any subcontract visions: The CONSULTANT will include the provisions of iugh six in every subcontract, including procurements of )f equipment, unless exempt by the Acts, the Regulations and uant thereto. The CONSULTANT will take action with respect or procurement as the sponsor or the Federal Aviation direct as a means of enforcing such provisions including tri�FyProvided, that if the CONSULTANT becomes involved i t h liti�t ,on by a subconsultant, or supplier because of such r<<,, _TANT�y,f request the sponsor to enter into any litigation to Athe In addition, the CONSULTANT may request the into ti4J%tigation,o protect the interests of the United States. Title VI List of performance of this contract in interest (hereinafter refer following non-discrimination; Title VI of the Civil (prohibits discrimin 49 CFR part 21 (Non-discrimination in I Department of Transportation —Effectuation 1964)•'h.,= s and Authorities. During the self, its assignees, and successors 4NT") agrees to comply with the inclgsping but not limited to: j00d et seq., 78 stat. 252), ional origin). Programs of the he Civil Rights Act of c. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 etseq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27. e. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.) (prohibits discrimination on the basis of age). f. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). g. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and consultants, whether such programs or activities are Federally funded or not). h Trtlrlxtlpd III of the Americans with Disabilities Act of 1990, which prohibit Z,j1rTfl' on the basis of disability in the operation of public entities, public and ,, dvate transpof tJ�on systems, places of public accommodation, and certain testing entities (42 U.j,��z,§§ 12131 — 12189) as implemented by Department of Transportation re),", tions at 49 CFR parts 37 and 38. i. The Federal Aviatftin Administration's Non-discrimination statute (49 U.S.C. § ,. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). i �i IR,,r ' fJrder {4,1£ t feral Actions to Address Environmental Justice in hihlri`ryPopififis and Lrincome Populations, which ensures discrimination against populationsiiscouraging programs, policies, and activities with dispro potely high andterse human health or environmental effects on ' °' z � rizt minority arl�(�w-income p�tflations k. Executive Order 1t1,}4}In�provrtces$o Services for Persons with Limited English Proficiency, and resut)f agency gu�ice, national origin discrimination includes discrimination beR�ur�' of limited�tish proficiency (LEP). To ensure compliance with Title Vl'`(fusttake reaso;�` 'Ie steno ensure that LEP persons have meaningful acc�' yoi ,r programs .... Rq, {. t 74087 to 74100). L Title 1X of the Education Amendrrie`ihts"df 1972, a.# ended, which prohibits you from discriminating because of sex in education`] f,,' grams or c Stvities (20 U.S.C. i {fit F{4ht tj pt 1681 et seq)• 1.5. Clean Air and Water Pollution Control (Referee,,49 CER"r(i) (12)). CONSULTANT agrees to comply with all applicable standards, orders, ions issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The CONSULTANT agrees to report any violation to the SPONSOR immediately upon discovery. The SPONSOR assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Debarment and Suspension (Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200 DOT Order 4200.5) 1.5.1. Bidder or Offeror Certification CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 1.5.2. Lower Tier Contract Certification CERTIFICATION OF TOWER TIER CONSULTANTS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction",must verify each lower tier participant of a "covered transaction" under the PROJECT is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: a. C b Cluing a certificati nsion (Bidder or c (ti rtinga clause or If the' later determines th participaYrf 1`ar'excl{ the FAA may pi�rs`ue any �(,d'I compliant participant ;w' 1.6. Disadvantaged 1.6.1. Solicitation Langu Information Submitted as a m The Owner's award of this co faith effort requirements of 4 rd Management at website: http://www.sam.gov ement similar to the Certificate Regarding Debarment and ), above. in the covered transaction with the lower tier contract. lower tier participant failed to disclose to a higher tier ffaalified at the time it entered the covered transaction, rn s, including suspension and debarment of the non- ons 26.5 ned u PART 26) As a condition of bid responsiveness, the Bidder or Offeror information with its proposal on the forms provided hereit a. The names and addresses of Disadva participate in the contract; al) ror satisfying the good owing nterprise (DBE)firms that will b. A description of the work that each DBE firm will perform; c. The dollar amount of the participation of each DBE firm listed under (1) d. Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; and e. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. .Information submitted as a matter of bidder responsibility: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five days after bid opening. a. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; b. A desQr)tf'te#�,Y ( jJ�t 1( t}k54 t jit4 c TI a r amount of the d „'}{tten statement from ;s) listed under (1) to that each DBE firm will perform; icipation of each DBE firm listed under (1) r or Offeror that attests their commitment to use the DBE the Owner's project goal; and e If 1r or Offerer cannot mept the advertised project DBE goal, evidence of good faith effoi'�t�1`��� by tkp t'tlfferor as described in appendix A to 49 CFR part 26. %� t 1.6.2. Solicitation Lan�i`e (Race/Gene Neutral Means). The requirements of 49 CFR part 26 apply tothi'' ntract. It is thep)icy of the City, to practice nondiscrimination based t }5 on race, color, �oin thkward or performance of this contract. The Owner encouragl �,, rticipa �t ' y all fkt�t `} galifying under this solicitation regardless i ktt; �.1 t t5 t. f� {t .. of businesssize or�hersf.,t.t.> att�t,ssjx k f t� iu 1.6.3. Prime Contracts (Projects DISADVAOMGED DBE Contract Assurance"(§ 26.13) The Contractor or subcontraq %shall not 4Aztm �ri�gnmate on the 11 basis of race, color, national origin, or sex in the performanp f thiskgc�The Contractor shall carryout applicable requirements of 49 CFR par t26 it;}�r„'rd'and administration of Department of Transportation -assisted contra c xailfptfjb�,e�'Contractor to carry out these requirements is material breach of this contra etx �,b ihay result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to: a. Withholding monthly progress payments; b. Assessing sanctions; C. Liquidated damages; and/or d. Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (§26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the prime contractor receives from City. The prime contractor agrees further to return retainage payments to each subcontractor within seven (7) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non -DBE subcontractors. 1.7. Distracted Driving (Reference: Executive Order 13513, DOT Order 3902.10) TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009),, the F encourages recipients of Federal grant funds to adopt and enforce safety policydft .,crashes by distracted drivers, including policies to ban text messa6 driving rforming work related to a grant or sub -grant. In sure of this initiative,th'�$ONSOR encourages the CONSULTANT to promote policies and initities for its employees tt other work personnel that decrease crashes by distracted driv including policies that bin text messaging while driving motor vehicles while performing worC��tivities associated with the PROJECT. The CONSULTANT must include the substance of this clin all sub tier contracts exceeding $3,500 and involve driving a motor vehicle in perform {` i f t ptivit ,t _with the PROJECT. 1.8. Energy Conservation F 10Yirements (2` R § 200, Appendix II(H)). CONSULTANT and subconsultant agree t,"i"BOt o mply with m�ratory standards and policies relating to energy efficiency as contained,tpr�,the state ene conservation plan issued in compliance with the Ft„ s Energy Policy and Consery!'ti�n Act (�'�'S C 62�seq) 4 tj�yasilt#7t#<StF4i��izs ti��.,�ts�3ts t rt 1.9. Federal Fair Labor Standards Act{Mmi;(r 1i Wage) (Ref nce 29 USC § 201, ET SEQ.). All contracts and subcontracts that rtk' 4fom this soli incorporate by reference the provisions of 29 CFR part 201, it Labor Surds SA), with the same force and effect as if given in full text;��'`e FLSf,�Rf wage�rtime pay, recordkeeping, { ibTi and child labor standards for full and part time'��e`rs.'r�'.'<<`ry The CONSULTANT has full responsibility tomonitor complia,r`to tfr�,lftited statute or regulation. The CONSULTANT must address any claims orise from this requirement directly with the U.S. Department `labovlF nd Hour Division. 1.10. Foreign Trade Restriction Certification (Reference: 49 USC § 50104, 49 CFR Part 30). The by submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this PROJECT with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the PROJECT that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an 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. The Offeror/CONSULTANT must provide immediate written notice to the SPONSOR if the Offeror/CONSULTANT learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The CONSULTANT rrit rksJuire subconsultants provide immediate written notice to the CONSULTAG ,gJt learns that its certification was erroneous by reason of changed circumstdinti=s` Unl��fe restrictions ofthis lluse are waived by the Secretary of Transportation in acc��nce with 49 CFR 30.1 t, i contract shall be awarded to an Offeror or subconsultant: a is owned or controlled by one or more citizens or nationals of a foreign country included Est of countries that discriminate against U.S. firms published by the U.S.T.R. or b. whose sdbc ftblt� foreign country on c. who incorporates U.S.T.R. list; Nothing contained in the foregoing sh records in order to render, in good fi knowledge and information of a�s possessed by prudent personwe ntrolled by one or more citizens or nationals of a product of a foreign country on such The Offeror agrees that, if awarded a contract resulting fro incorporate this provision for certification without modifici The CONSULTANT may rely on the certification of a prospe,t firm from a foreign country included on the Iistt,c'Qur}frj as published by U.S.T.R, unless the Offeror has k`htr r)d ire establishment of a system of iredl.ythis provision. The to J � "ed that which is normally e4,i�alings ilk solicitatiprt }{ uvill „ { i,f in a,lfj�rtlarsubcontracts. sultantthat it is not a t. t discriminate against U.S. firms the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the CONSULTANT or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the SPONSOR cancellation of the contractor subcontract for default at no cost to the SPONSOR or the FAA. 1.11. Lobbying and Influencing Federal Employees (Reference: 31 U.S.C. § 1352 -Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix II(J) 49 CFR part 20, Appendix A) The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.12 a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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 o,Cgf� an officer or employee of Congress, or an employee a Member of t is ppig , Congre�kt�n'tecrr!vith this Federal contract, grant, loan, or cooperative agreement, thq rnersigned shall ct�plete and submit Standard Form-LLL, "Disclosure Form to Report s1 L.u+,'rrn in accordance.�th its instructions. C. ft undersigned shall reeikl that the language of this certification be included in the award , OAF uments for all sub-awfi s at all tiers (including subcontracts, sub -grants, and contracts oar grants, loans, and cooperative agreements) and that all sub -recipients shall certify anWlose acgrirdingly This certification is a rn I representatl p of fact upon which reliance was placed when this transaction was made ontered into Su%;ssion of this certification is a prerequisite for making or entering into] as transactio xtfif osed l section 1352, title 31, U.S. Code Any person who fails to file tf'�;'rquire���iicationl)� subject to a civil penalty of not less than $10,000 and not morelt�„,t�}l0',`b00 fprst}i re. Occupational Safety and Health Actfz�ti (Reference ' subcontracts that result from this,,,$Iil,,,,,,�,,,,�",,,,,,,"�,4tion incorpora; 29 CFR Part 1910 with the sarn Axe$" effect as provide a work environment tt``is free t�f�►tYze serious physical harm to the employee. The ANT its compliance and their subconsultant's compliance with Occupational Safety and Health Act of 1970 (20 CFR Part 1S claims or disputes that pertain to a referenced equiremqj of Labor— Occupational Safety and Health Admtttrtl„pk3: CFR part 1910). All contracts and uirements of JLTANT must use death or ty to monitor ments of the t address any . Department 1.13. Certification of Offeror/Bidder regarding Tax Delinquency and Felony Convictions (Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76) & DOT Order 4200.6 - Requirements for Procurement and Non -Procurement Regarding Tax Delinquency and Felony Convictions) The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is ( ) is not (✓ ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not (✓ ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an apt(°{ft"`responds in" affirmative to either of the above representations, the applictri ineligible to recen award unless the sponsor has received notification from the tcysuspension and dglment official (SDO)that the SDO has considered suspension or cf}rment and determinetat further action is not required to protect the GoiB ent's interests. The ai licant therefore must provide information to the owner abotax liability or conviction to the Owner, who will then notify the FAA Airports Distnotffice, which, will then notify the agency's SDO to facilitate completion of the req u i reel befs�l'`�Y����j'Ic isions are made. Term Definitions Felony conviction: Felo;ri,y�conviction m a convition within the preceding twenty-four (24) months of a felony crimr(� 111, atio f�p� r any E { tal law and includes conviction of an offense defined in a sectio'i{#}it 'code1,tr�`eitf)y classifies the offense as a felony and conviction of an offense that is classif<,i s a felonyirer 18 U.S.C. § 3559. ,r E Tax Delinquency: A tax del' $p4 z unpaid Feder lt, x liability that has been assessed, for which all judicial and adminis# e r dies have n exhap ted, or have lapsed, and that at is not being paid in a timely rati*gxfer pursd�t t �eement�ih the authority responsible a�, Y p for collecting the tax liability. �l�f,,,,f 1.14. Termination of Contract (Reference: 2 CFR § 200 AppIltx IIB##, `ItAAj `Advisory Circular 150/5370-10, Section 80-09){`' {{ ir�,'gl t� 1.14.1. Termination for Convenience (Professi6f*k% 6s) The SPONSOR may, by written notice to the CONSULTANT, terminate this Agreement for its convenience and without cause or default on the part of CONSULTANT. Upon receipt of the notice of termination, except as explicitly directed by the SPONSOR, the CONSULTANT must immediately discontinue all services affected. Upon termination of the Agreement, the CONSULTANT must deliver to the SPONSOR all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the CONSULTANT under this contract, whether complete or partially complete. SPONSOR agrees to make just and equitable compensation to the CONSULTANT for satisfactory work completed up through the date the CONSULTANT receives the termination notice, Compensation will not include anticipated profit on non -performed services. SPONSOR further agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 1.14.2. Termination for Default (Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to14,t,r cure the breach. rtlF ''t xr t tl .st 2 ��y�Es xt �'S.,x The terr5ilftng party musttrpvide the breaching party [7] days advance written notice of its i n t e n m i n a t e the Agrent. The notice must specify the nature and extent of the b r e ' the conditions necesst to cure the breach, and the effective date of the termination actsThe rights and remed�'fn this clause are in addition to any other rights and remedies prop d by law or under this'reement. a Tt ,,,ation by $PONSOR The SPONSOR may terminate this Agreement in whole or in part, for ti, flsret,ot e COIMFId!'INT 1. Perform the within the tide specified in this contract or by SPONSOR approved extension; 2. Make adequate'ss s�ndan, Wfactory performance of the PROJECT; 3. Fulfill the obligations of the Agrr'ent that are` essential to the completion of the PROJECT. Upon receipt of the notice of tert,tion to CONSUL, 00144T services affected unless the nots lirects" 'on t( CONSULTANT must deliver to the SPONSOR all''�daf;"surveys, reports, maps, photographs, estimates, summaries, and othe prepared by the CONSULTANT under this contract, whether,,, r mediately discontinue all lion of the Agreement, the Is, drawings, specifications, ment aterials ally complete. SPONSOR agrees to make just and equitable co,r t r pse ��`na'Ji tFre CONSULTANT for satisfactory work completed up through the dat"o= I �,�� YSULTANT receives the termination notice. Compensation will not include anticipated profit on non -performed services. SPONSOR further agrees to hold CONSULTANT harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the SPONSOR determines the CONSULTANT was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the SPONSOR issued the termination for the convenience of the SPONSOR. b. Termination by CONSULTANT: The CONSULTANT may terminate this Agreement in whole or in part, if the SPONSOR: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the CONSULTANT in accordance with the terms of this Agreement; 3. Suspends the PROJECT for more than [180] days due to reasons beyond the control of the CONSULTANT. Upon receipt of a notice of termination from the CONSULTANT, SPONSOR agrees to cooperate with CONSULTANT for the purpose of terminating the agreement or portion thereof, by mutual consent. If SPONSOR and CONSULTANT cannot reach mutual agreement on the termination settlement, the CONSULTANT may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the SPONSOR's br_contract. In the eanf']fterminatiori='=0` to SPONSOR breach, the CONSULTANT is entitled to invoice SPOnd to receive full pent for all services performed or furnished in accordance t Y t witf� `Agreementand all Jutted reimbursable expenses incurred by the CONSULTANT th rc�`x` theeffective date of�r rnation action. SPONSOR agrees to hold CONSULTANT hart��ss for errors or omission'in documents that are incomplete as a result of the ter ion action under this clause 1.15. Veteran�`sf+s}Refer, $ `� executive, adm`in'istrativ' { super�lsc CONSULTANTS must givference to co] {�t Code Section 47112. Cred veterans Afghanistan-Irae{warverns, disablecl�{ U.S.C. 632) owned and coftlled by�lj are covered veterans reailyr`t,'()ib'''Ie a employment relates § 47112(c)). In the employment of labor (excluding y positions), the CONSULTANT and all sub -tier ded veterans as defined within Title 49 United States de Vietnam -era veterans, Persian Gulf veterans, rans,rfd small business concerns (as defined by 15 i4 fyf S ed v��' This preference only applies when there n �#']rflet`zpw,aperform the work to which the REPORT TO THE CITY COUNCIL MEETING DATE: October 1, 2024 FROM: Steve Bade, Assistant City ITEM NO. 4.2(a) Manager ***APPROVED BY*** £ t xz v ie ` {/2 /2024. � �pptt�, `� Iner 9r' 5,2{}2 c A I ;' 3 y{i ` S Y sbade@cityofredc�„" '"7rg „tit7�t btippin@cityofredding.arg SUBJECT. r(a)--Authorize sual of U.S. Department of Transportation Federal Aviation AdMistration Grant ApWions for the remaining phase of Redding Regional Airport's 16-34 Rehabilitation Project; and authorize changes to the Passenger Facility a � Char e Pro �' ' � ecure matchingfunds. Recommendation Authorize and approve the follo�g `' t�tis h}l�s ltt (1) Authorize the City M er, oft tt ��tgnee� i��"4 �xecut Transportation Federal ��'}Amml� remaining phase of the overall Runw � ,{, �b-34 ReAl resulting grant agreements or ation as n funding for the project; and appro�� j'f' grant funds � t 7 Airports Fund; and � t itK<pi, r x, i}S£r t s q 1 t} ){ £ (2) Authorize the Assistant City �nager s�p�;t�f' irpo amend, or otherwise make changes, to the`'`s'senger F, needed, to facilitate local match and as approved by th Runway 16-34 Rehabilitation Project. 1,i Fiscal Impact the U.S. Department of grant applications for they ation Project; execute any ,sary to obtain federal grant Ve flp the City of Redding's 4j 7st � irector, or designee, to Wry Charges Program, as £�"AA fort£lj phases of the On September 6, 2024, the FAA Airport Improvement Program (AIP) provided the City a grant offer of $701,359 for Runway 16-34 Rehabilitation Phase I — Materials Acquisition Project at 90.66% federal cost -share. The remaining $72,255.60 (9.34%) local match will be reimbursed by the RDDs Passenger Facility Charges (PFC) program. No other local funding sources would be necessary to complete the project. In 2025 staff anticipates submitting an FAA_AIP grant application for the remaining Runway 16-34 Rehabilitation Phase 11 project costs in an amount not to exceed $30 million. Report to Redding City Council September 25, 2024 Re: 4.2(a)--Authorize FAA AIP Grant Applications and changes to Program Page 2 Alternative Action The City Council (Council) may choose to terminate the grant agreement and provide alternate direction to staff which may jeopardize the runway project and de -obligate all federal funds for the project. Any preliminary expenses which may have grant eligible will no longer be reimbursable under the AIP grant. Background/Analysis RDD is owned and operated by the City of Redding (City) servicing both commercial aviation and general aviation. As an airport sponsor organization, the City is obligated to maintain the aviation facilities of the local airports system through both regular maintenance and planned capital improvement projects. Staff has identified that RDDs main runway, Runway 16-34, needs rehabilitation as a result p ale, regular use, and environmental conditions. While routine maintenance has ke,f7�����r in a safe and operable condition further intervention is necessary in order,„4tend the use, ife of the runway facility as it exists today. The Runway $ Rehabilitation D,",ilt$n Project conducted architectural, design, engineering, and necessary to coe that a rehabilitation project spanning the complete length of way will extend th�r� ife of the runway, update the facility to meet current standards, an } liepare for future planned facility layout changes to the runway and taxiway network at RDT�� the costs of the overall construction project are estimated to be approximately $30 million, acco��f, t tlatiorl{ �oject postponement to Federal Fiscal Year (FY) 2025 (October 2025�tb�gh�ept�r 22)7�� variance in the costs of labor, materials, and supplies. A � g On March 6, 2024, the City reed a bid fie bidder, for the Redding Regic= Rehabilitation and MAGVAR In 33) (Runway Project). Since th with the U.S. Department of Tr Hunt, Inc., RDD's development for the project. In August 2024, Airport Constructors (RAC), as the sole Connectors No. 9944 en working .), Mead & �A funding The complete Runway Project was i>itded to fed"''and cp`leted in City FY 2024, however, due to lack of funding for the All? program he FAA th t� olect could not be funded entirely in City FY 2024. As a result, in order to access avail FAA,��;����4 funds, the project was divided in two phases: Runway 16-34 Rehabilitation a ,t r� aterials Acquisition and Runway 16-34 Rehabilitation Phase II — Construcon ThQ"� Va "awarded $701>359 at a > 90.66% cost -share to the City for Phase I of theCouncil approve this proposed action, staff would apply for Phase II — Construction ia`` `'e 'er'aI FY 2025 beginning October 1, 2025 following consultation with the FAA San Francisco Airport District Office. As previously mentioned, the City would provide the 9.34% o match, as required in the agreement, by utilizing funds collected from the Passenger Facility Charges (PFC) program. Passenger Facility Charges are a $4.50 fee collected as part of ticket sales to commercial airline passengers and is heavily regulated by the FAA. PFCs may only be used to pay for, or reimburse, expenses on approved projects and applications. The complete Runway 16-34 Rehabilitation Project was included in RDD's 7th (most recent) PFC application, however, due to the postponement and resulting division of the project into phases, the City is now seeking authorization to make amendments and other changes to the PFC program as required by FAA in order to continue collecting PFCs (used to reimburse the required matching funds). Report to Redding City Council September 25, 2024 Re: 4.2(a)--Authorize FAA AIP Grant Applications and changes to Program Page 3 Environmental Review The administrative activities are not a project as defined by the California Environmental Quality Act (CEQA). No further action is required at this time. Staff will request Council approval for the CEQA compliance document when a construction contract is awarded. Compliance with the National Environmental Policy Act will also be provided at that time. Council Priority/City Manager Goals • Budget and Financial Management — "Achieve balanced and stable 10-year Financial Plans for all funds." • Economic Devel9}mnt "Facilitate and become catalyst for economic development in Redding V1, t,, pain current businesses and attract new ones, and encourage Attachments j F4}3 FAA Grant A�ement Part l for AIp` i•oject No. 3-06-0194-055-2024 3-06-0194-066-2024 U.S. Department Transportation C*Aobof Federal Aviation w Administration September 6, 2024 Mr. Steve Bade Airport Director City of Redding 777 Cypress Avenue Redding, CA 96001 Dear Mr. Bader Airports Division Western -Pacific Region California San Francisco Airports District Office: 2999 Oak Road, Suite 200 Walnut Creek, CA 94597 The Grant Off Airport AirportlmprovementE`iogram (AIP) Project No. 3-06-0194-066-2024 at Redding Regional Airpl attached forexecutioW41l phis letter outlines the steps you must take to properly enter into this agreelV ohA and provides other useful information. Please read the conditions, special j4 conditions, and' ances that comprise the grant offer carefully. Steps You Must Take to Enter Into 'inept ,{ l Eli < To properly enter into this agreerrt�, you must do izfollowing: 1. The governing body must ( authority tcjcute tr grant, i.e., theperson sign"in'Sq�it must " (hereinafter "authorized repr �{ l 2. The authorized representative must executI"`grant by the appropriate certificate at the end of #reement. 416 tf ti t 3. Once the authorized representati` "I nically si will automatically receive an em, ificati nt to the individual(s) signing the p,,pnsor's authorized representative(s) 4. On the same day or after the authorized representative has s attorney(s) will add their electronic signature to the appropri agreement. 5. If there are co-sponsors, the authorized represent the above procedures to fully execute the grant and obtained and finalized no later than September 12, their electronic signature to he sponsor's attorney(s) grant, th,e,sponsor's �ate,tr'f'end of the §or's attorney(s) must follow e process. Signatures must be 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred proiect expenses 51 3-06-0194-066-2024 consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: ➢ For all grants, you must submit by December 315t of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 ,k ial Report). For non-cQgm Fiiirt`ion prolect$sisl`� must submit FAA Form 5100-140, Performance Report within fi „i 30 days o� end of the Federafcal year. For cor`ction projects, you mttubmit FAA Form 570-1a Construction Progress and lnspedfl,"""a Report, within 30 day`f the end of each Federal fiscal quarter. Audit Requirerts. As a condition of receiving Federal assistance under this award, you must comply with audit require ants as established under 2 CFR Part200. Subpart F requires non -Federal entities thatexpend 750 �`' ' ` " ` { eder 1„� conduct a single or program specific audit for that year. Note that this includYederal nditures"W�de under otherFederal-assistance programs. Please take appropriate and , necesa'ction to ens your organization will comply with applicable �y audit requirements and standards ti+',}? t.{ Closeout. Once the project(s) is cd l,eted and al,[,rmined, we ask that you work with your FAA contact indicated below to closo�,pfshout ��;'s,ubmit the necessary final closeout t t documentation as required by your Re'��j�aro`rts D��ffice: ,'� s FAA Contact Information. REGINALD DONES, (925J�t�443, reginalnes@faa.gov isthe assigned program manager for this grant and is readily ay:(�t to assist you n"your designated representative z {trt si. , tttlts, ttr'ti with the requirements stated herein. s t {�slr7 We sincerely value your cooperation in thefforts a����l�,�,t��rdtovpingwith you tocomplete this important project.} °i}iFzk Sincerely, Amy L. Choi Manager 9 3-06-0194-066-2024 U.S. Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) Federal Award'Giffer Date Airport/Planning Ate ;,' 1, ,,,r Airport Infrastructure Grant Number Unique Entity Identifier FY 2024 AIP GRANT AGREEMENT 1, t� +t i, Part I - Offer t� t s t S} sl t � sfsy pterr`�'`6, 2024 dding ftoj rtr' TO: City of Redding (herein called the "Sponsor") (For Co -Sponsors, list a#r��ipnsor names. The applies to a Co -Sponsor.) FROM: The United States of America (acting through the Federal called the "FAA") in this Grant Agreement also , herein WHEREAS, the Sponsor has submitted to the FAA a Project Aorcation dated July 25 2024, for a grant of Federal funds for a project at or associated with the Redding Regional Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Redding Regional Airport (herein called the "Project") consisting of the following: Rehabilitate Runway 16/34, Phase 2 Procurement of Airfield Electrical Components which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 3 3-06-0194-066-2024 (Public Law Number (P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances dated May 2022, interpreted and applied consistent with the FAA Reauthorization Act of 2024 per Reauthorization Grant Condition 30 below; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay _(90.66) % of the allowable costs incurred accomplishing the Project as the United States share Assistance Listing' This Offer is mat }rwNii 1. Maximum a` $701,359 and SUBJECT TO The maximum The following'a�stit{en establishing all owa( , `, od'nts i maximum obligation of the Un11 Number): 20.106 TERMS AND CONDITIONS: CONDITIONS gation of the United States payable under this Offer is $0 for planning $701,359 for airport developrtor noise $0 for land acquisition. r 7 ri7 tkt5 R� 2. Grant Performance. This Grant Agri"",0, a. Period of Performance: of the maximum obligation for the purpose of ant amendment, which may increase the foregoing i�#a s 1 provisions of 49 U.S.C. § 47108(b): on; and, Federal award requirements: 1. Shall start on the date the Sponsor,�� tly accepts this�eemePt and is the date signed by the last Sponsor signatory tot�grent The te Period of Performance is 4 years(1,460 calendar dayst'm the'``a��`` once. T�riod of Performance end date shall not affect, relieve, or reduce Sponooi`i°gations aprt�r`ssurancesthat extend 7 J { t beyond the closeout of this Grant Agreement. ; 2. Means the total estimated time interval between the seraI award and the planned end date, which may include one or more furf,rtionsor budget periods (2 Code of Federal Regulations (CFR) § 200.1) b. Budget Period: 1. For this Grant is 4 years (1,460`calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR§ 200.308. c. Close 0ut and Termination 4 3-06-0194-066-2024 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). 2, The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs - SponstzW,j��,Op or may charge indirect costs under this award by applying the _' ��,ied in t4'f��` ect application as accepted b the FAA to allowable costs for indirect cost ra�k�fl��tir ��j pp � p Y , Sponsor dire9,,ayres and wages. 5. Determinme,ift+'l=inal Federal Share c�� sts. The United States' share of allowable project costs will be made irttordance with 49 U.S.7109, the regulations, policies, and procedures of the Secretary ansportation ("Secret" '), and any superseding legislation. Final determination of the United cgs' share will be based upon the final audit of the total amount of allowable project costs and sett ent will be pade for any upward or downward adjustments to the Federal share of COStS: . A? fi i� „&Lt1111 r�, }y111z tiu, 6. 'Comoletine the 7. i' and in Cdd6rmance with Requirements. The Sponsor must carry out and complete the prat without undo U.S.C. Chapters471 and 475, ,,regulations, pc= 200.308, the Sponsor agrees tort and ref performing the project that exce-10 fh project. The report must include he comply with the grant assurances, which are pq withdraw this offer at any time prior to Delays and in accordance with this Agreement, 49 os, and procedures of the Secretary. Per 2 CFR § prior kapproval for any disengagement from ar0t reduction in time devoted to the Mqgd t `etoppa'4 � The Sponsor also agrees to "his Agreemi' 1. The FAJ`�erves the right to amend or z v by the ppsor. 8. Offer Expiration Date. This offer will exoWand thill np obligated to pay any s z k�ic, I , part of the costs of the project unless this offer has been accepted b � Sponsor on or before September 12, 2024, or such subsequent date as may be prescribedrvritingvA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, and k,l,11 fion ifnecessary, to recover Federal funds spent fraudulently, wastefully, or`in viol�$1�'t .feral antitrust statutes, or misused in any other manner for any project upon whiC,lfU"nds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds, The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must 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 settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. R 3-06-0194-066-2024 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration prod y be found at the SAM website (currently at htt�aao Jwww.sam.gov). b. Unique enti�fier (UFt)nsa 12-character alpha -numeric valueusedto identify a specific cql rcial, nonprofit` ) vernmental entity. A UEI may be obtained from SAM.gov at 12. ElectronicS, t Pavment(s). Unless tl erwise directed by the FAA, the Sponsor must make each payment rest under this Agreemeht electronically via the Delphi elnvoicing System for Departmen�rTransportation (DOT) Financial Assistance Awardees. 13; Informal dmeoflof AIP P tf during the life of the project, the FAA determines that the maximum' y'_s ffatiop£h'',,,States exceeds the expected needs of the Sponsor by $25,000 or five percent{5%� ��ff hever is gr� #ter, the FAA can issue a letter amendment to the �, r, Sponsor unilaterally reducing t� maximum oblion. The FAA can also issue a letter' the Sponsor i�£asing,e maximum obligation if there is an overrun in the total actual elig")�nd allou��prolec{sts to cover the amount of the overrun provided itwill not exceed the �ndments. The FAA's authority to increase the maximum obligation does not apply tq red"planniponent of Condition No. 1, Maximum Obligation. ,k The FAA can also issue an informal lettert description to correct administrative errors or to delete work>lt`ms if FAA fin�)��wantus and in the best interests of the United States. An informal letter amendment has the same force and effectas ajq fq��lgrant amment. 14. Environmental Standards' The Sponsor is required to comply withnmental standards, as further defined in the Grant Assurances, for aIf the Sponsor t fails to comply with this requirement, the FAA may rminate this Grant Agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 0 3-06-0194-066-2024 17. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project b. Maybe increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 pe 2. 25 pert fthe total ineii e in allowable project costs attributable to acquiring an inter`f!'ri`the land. If the Spoan increase, eligible increase in funding will be subject to the United StatesGo�fiment share as providj 49 U.S.C. § 47110, or other superseding legislation if applicable �, the fiscal year appropriation with which the increase is funded. The FAA is not responsiblefthe same Federal share provided herein for any amount increased over the initial �N, grant amount ��4A ►adjust thee, F#,elral share as applicable through an informal letter of amendment. #,��f.t$tYr,,�,„` 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponn u s t provide f accordance with 2 CFR Part 20�,he Sponsorm Federal Audit Clearinghouse onYt�dej�j ai i,. lit t >> ,l htt:Olharvester.census,any ffacw��rrequ of the completed audit to the FAA. Sponsors thgf are exempt from Federal audit requirements,, appropriate Federal agency officials, Statel`��t other appropriate Federal agencies ma,est Ald requirements.:'` ingle Audit or program -specific audit in abmtlhe audit reporting package to the s Internet Data Entry System at �teTA' ffigSponsor shall provide one copy nd less t000 in Federal awards and ake records�� ilable for review or audit by the rnment tabilt OfI ice. The FAA and tional inl5tiation rteet all Federal audit 20. Suspension or Debarment. When enteringinto a "covered transacts 1'tas defined{ 2 CFR § �� Jet 5 , 180.200, the Sponsor must: �St� Y}t4lttttyz5 1t. a. Verify the non -Federal entity iseligibleto participate in this Ftff){lhi.am by. 1. Checking the System for Award Management�ft�tnth`e System for Award Management (SAM) to determine if the non -Fed ef'entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions with their contractors and sub -contractors. 9 3-06-0194-066-2024 c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct r 4rd&" �trt titiatives in a manner commensurate with the size of the 4 s t tti +i t busines�lx'�d as: i I i s h m e n t of new rut}. nd programs or re-evaluation of existing programs to ,dhibit text messaging driving; and 1 � ucation, awareness, arid: other outreach to employees about the safety risks ipciated with texting while driving. b. The Spori pst ins@,,,,tthe substa c# subgrants, cont�4 subc��'ct` 22. Trafficking in Persons. t x a. Posting of contact informrin 1. The Sponsor must pos' contact t (including options to rear public airport restrooms. ��{"i b. Provisions applicable to a recipient that is ,, j' 1. You as the recipient, your employ employees may not; N is clause on banning texting while driving in all ad with this Grant. iation,d,ff0e national human trafficking hotline t2J lin �r ,ygh phone, text, or TTY) in all entity. Engage in severe forms of trafficking in p`eton's"dur and applicable conditions are in effect; Procure a commercial sex act during the period of t conditions are in effect; or and subrecipients' iod of time that the Grant applicable iii. Use forced labor in the performance of the°subgrants under this Grant. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph (b) of this Grant Condition or ii. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (b) of this Grant Condition through conduct that is either — a) Associatedwith performance under this Grant or 0 3-06-0194-066-2024 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 2 CFR Part 1200. c. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a private entity — 1. Is determined to have violated an applicable prohibition in paragraph (b) of this Grant Condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to har�j`�'� applicable prohibition in paragraph (b) of this Grant Condition through Fo+jrtot that is er — i. $ fated with perforrrfte under this Grant; or ii s;4 r rputed to the subrecipj using the standards and due process for imputing the r ,induct of an individuan organization that are provided in 2 CFR Part 180, "OMB j�idelines to Agencies on Governmentwide Debarment and Suspension �Nprocurement)," as implemented by our agency at CFR Part 1200. d. Provisions 1. You must inform us im violation of a prohibiti:( 2. Our right to termin Condition: (f,'tely of an rely aterally tha L Implements section 10611#11 amended [22 U.S.C. § 7104(g)], an ii. Is in addition to all other remedig Grant. 3. You must include the requiremrtf you make to a private entity. mation you receive from any source alleging a this Grant Condition. e. Definitions. For purposes of this Grant Condition: 1. "Employee" means either: i. An individual employed by you or a subr, the project or program under this Grant; in paragraph (b) or (c) of this Grant Act of 2000 (TVPA), as ncompIianc ,,,{ at are available to us under this ph ndition in any subgrant in the performance of ii. Another person engaged in the performance of the project or program under this Grant and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by athird 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": E 3-06-0194-066-2024 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 institute of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 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). 23: AIP Funded Work In I�t} PI`C Application. Within 120 days of acceptance of this Grant Agreement, the, the FAA an amendment to any approved Passenger Facility J� Charge (PFC) pplation that contn approved PFC project also covered under this Grant Agreement"`scribed in the projlication. The airport sponsor may not make any expenditurerthis Grant Agreer i t until project work addressed under this Grant Agreement is removes) „}rim an approved PFC al ation by amendment. 24. Exhibit P,ib perty Map. The Exhibit "A" Property Map dated July01, 2018, is incorporated herein by reference'rl submitted with the project application and made part of this Grant Agreement. J, 4 �#t�„Y.J 25. Ern to ee Protec�� { ris s) JiJ a. Prohibition of Reprisals. J( .� 1. In accordance with 4J5 contractor, or subcont against as a reprisal for"' below, information that C. § 4712, a or may not,, i. Gross mismanagement of a Fede ii. Gross waste of Federal funds, u iii. An abuse of authority rel iv. A;substantial and specific danger to pu floyee of a Sponsor, grantee, subgrantee char) demoted, or otherwise discriminated nt�yescribed in sub -paragraph (a)(2) iv'bel'i� is evidence of: v. A violation of law, rule, or regulation related to a F 2. Persons and bodies covered. The persons and bodies to is covered are as follows: i. A member of Congress or a representative o afdrri ii. An Inspector General; iii. The Government Accountability Office; re by an employee mittee of Congress; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or m 3-06-0194-066-2024 vii. An authorized official of the Department of Justice or other law enforcement agency. b. Investigation of Complaints. 1. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 2. Time Limitation for Submittal of a Complaint.,A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). c. Remedy and Enfp����N4ythority. ut#i t.i �. sS t t1, t i {j,. 1. Assum (o ibf Rights to t j{ 1Remedy. Upon receipt of an explanation of a decision not to cogt continue an invt�ation by the OIG, the person submitting a complaint assumes the flti�to a civil remedy U.S.C. §4712(c)(2). 26. ProhibitecfIecommunications and eo Surveillance Services and Equipment. The Sponsor agrees to c amply with mandatory stan`dards and policies relating to use and procurement of certain L telecommuions and video surveillance services or equipment in compliance with the National Defense Autn A,t,',L. 115 23tt(f)(1)j and 2 CFR § 200.216. F Syr' iSI ttt y Sit ; t ;t a tt 27. Critical Infrastruar����henc � MM Sponsor acknowledges that it has considered and srt ss, .7 addressed physical and cybers�jiy and resilieW ,",,, in their project planning, design, and oversight, as determined by the DOT ancf`t to Department r '3 omeland Security (DHS). For airports that do not have specific DOT or DHS rsecurity red�tments,�he FAA encourages the voluntary adoption of the cybersecurity r � ire mentstfd"l� the Tt"M� ortation Security Administration and Federal Security Director identifiIt risk�t.',jfports. 28. Title VI of the Civil Rights Act. As a condition fit awardponsor shall demonstrate that it complies with the provisions of Title VI of thights Act of 1#'� (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21�,�'��port and Airy"fmproyent Act of 1982 (49 U.S.C. § 47123), the Age Discriminationzgiof 1z (42 U St,�' et s�`Section 504 of the i {i k 4f zt tt74it i}J{ )f iff;u.^ tt (�tJi Rehabilitation Act of 1973 /29 U.S.0 § et se ��t i�f fans witEltjabilities Act of 1990 {42 i q Y U.S.C. § 12101, et seq.), U.S. Department of Transpor1o"n and Fede�)}fAviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulatio >, author4e,s,`i,ls may include, as applicable, providing a current Title VI Program Plan any t orrt� ��� 'f''brticipation Plan (alternatively may be called a Public Participation Plan) to the FA ,4 �f+�ovah, in the format and according to the timeline required by the FAA, and otlr... the communities that will be benefited and impacted by the project. A comp16te4.tKTitle VI Pre -Grant Award Checklist is also required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin (including limited English proficiency), sex (including sexual orientation and gender identity), creed, age, disability, genetic information, or environmental justice in consideration for federal financial assistance. The Sponsor, who has not sufficiently demonstrated the conditions of compliance with civil rights requirements will be required to do so before receiving funds. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements Mil 3-06-0194-066-2024 will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on May 2022. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the „extent there is a conflict between the assurances and Federal statutes, the statutes shall aPO F� of the FAA Reauthorization Act of 2024 is at CIAL CONDITIONS 30. Li htm"e Sponsor must operate and maintain the lighting system during the useful life of the system iwit 31. Plans and S specifications for FAA rev 32. Plans and Specifications i applicable FAA standards. fi Sponsor agrees that it will submit plans and to adverf$ iaa for bids. )val Based U that the FAA's approval off Sponsor's PI Sponsor's certification to c�r,$out the specifications approved by t,rt� {j a. The Sponsor's certification does not rel FAA approval for modifications to pug11 notify the FAA of any limitationstcr} b. The FAA's acceptance of Spgq ce Xertification. The FAA and the Sponsor agree ,and Specification is based primarily upon the in ac*anee with policies, standards, and orj�rl� that: E e Sponsore requirement to obtain prior ! FAA airportlopment grant standards or to :ition within tiit? roie�t,,, appropriate project documentdn forth&04} tofval statements; and c. If the FAA determines that the Sponsor has not complied the FAA will review the associated project costs to deterry, FAA from reviewing certification ation statements, such costs are allowable under this Grant and associated grail ,Iris#fita„{� 33. Buy American Executive Orders. The Sponsor agrees to"'dbide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 34. Usable Unit of Development. The FAA and the Sponsor agree this Grant only funds a portion of the overall project. The FAA makes no commitment of funding beyond what is provided herein. In accepting this award, the Sponsor understands and agrees that the work described in this Grant Agreement must be incorporated into a safe, useful, and usable unit of development completed within a reasonable timeframe [49 USC § 47106(a)(4)]. This safe, useful, usable unit of development must be completed regardless of whether the Sponsor receives any additional federal funding. M 3-06-0194-066-2024 35. Leaded Fuel. FAA Reauthorization Act of 2024 (P.L.118-63) Section 770 "Grant Assurances" requires airports that made 100-octane low lead aviation gasoline (100LL) available, any time during calendar year 2022, to not prohibit or restrict the sale, or self -fueling, of such aviation gasoline. This requirement remains until the earlier of 2030, or the date on which the airport or any retail fuel seller at the airport makes available an FAA -authorized unleaded aviation gasoline replacement for 10OLL meeting either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline as deemed appropriate by the Administrator. The Sponsor understands and agrees, that any violations are subject to civil penalties. 13 3-06-0194-066-2024 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, 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 Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents ek withdraw your con I declare under refer not to do so, you may request to receive paper copies and ng is true and correct.' Valerie Thorsen- Acting Manager (Typed Name) Acting Manager ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 14 3-06-0194-066-2024 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 Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any�me. declare under penarrrt`l,Ie foregoing is true and correct.' Dated Septem City of Redding (Nome of Sponsor) ('l-n r Zn 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. W 3-06-0194-066-2024 CERTIFICATE OF SPONSOR'S ATTORNEY I„Christian M. Curtis 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 California . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division Q; the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated ',tqp s Act, 2023 { P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42), FAA RQ, ization � ; t �024 (P.L. 118-63); and the representations contained in the Project Application,` ` ddition, for gra �unvolving projects to be carried out on property not owned by the Sponsor, thgri'e no legal impedim�� that will prevent full performance by the Sponsor. Further, it is my opinion the said Grant Agre��ht constitutes a legal and binding obligation of the Sponsor in accordance Ott the terms thereof. Please read the f wmg information: By signing this document, you are agreeing that you have reviewed the follot��xp��� disclosr)'gInlation and consent to transact business using tY 7yt,n1 d{! electronic comm unicat7hrocewez'��os'bi�closures electronically, and to utilize electronic signatures in lieu of using paper do�rts. You ar1�t required to receive notices and disclosures or sign documents electronically. if yrrefer not to dc,� you may request to receive paper copies and withdraw your consent at anv timozl tf` I declare Dated at 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001(False Statements) and could subject you to fines, imprisonment, or both. m 3-06-0194-066-2024 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 VI1, 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. a�1 3. Upon accept,q,t�},,1t�(� offer by the sponsor, these assurances are incorporated in and become DartoJtliis Grant Aet'jeient. B. Duration arf ,r''plicability. 1. Airporr'velopment or Noise patibility Program Projects Undertaken by a Public Agency Sponft { tt, ir, The tees of this Grant Agreement shall remain in full force and effect th y` t�qut th t�eful life of t ,facilities developed or equipment acquired for an airport deveio�ry:,r � a noise t� i�fi�Trogram project, or throughout the useful life of the project items installedr�ffi'a facility er a noise compatibility program project, but in any evyears the date of acceptance of a grant offer of Federal funds for the pro' However, assurances regarding Ex6 Rightsai 4t j airport. There shall be respect to real property acqu`Ie}�,ftrfd' Rights assurance shall be specified in the 2. Airport Development or Noise Com The preceding paragraph (1) alsotlfes to`' project items installed within a facl'lity or the II be no limit on the duration of the ort Rqy� iue so long as the airport is used as an t ofi}sir, conditions, and assurances with ,:u`tljore, the duration of the Civil Projects U acquired under an airport development or noise compatibility than ten (10) years from the date of acceptance of Federal aid 3. Airport Planning Undertaken by a Sponsor. Private Sponsor. at the useful life of developed or equipment 11 be no less Unless otherwise specified in this Grant Agreemerit,`'dr[ly=Assurances 1, 2, 3, 5 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 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; 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. Airport Sponsors Assurances 5/2022 Page 1 of 18 3-06-0194-066-2024 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. a b. Davis -Bacon Aq,r �;' {i � rt 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.gg c. Federal Fa, l "fir Standards129 U.S.C. § 201, et seq. r;s d. Hatch � �: U.S.C. § 1501, et s ki ' e. Unifor, ` elocation Assistance eal Property Acquisition Policies Act of 1970, 42 U.S.C. z § 460{seq. f. Nation al,ff [onc Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.1 +e x t { sJ} 4 g. Archeologi a ,,}� '}��f Prest f �{��}Pf 1974 — 54 U.S.C. § 312501, et seq.1 h. Native Act}iCJ,S.C. § 3001, et seq. tt } 4 i. Clean Air Act, P.L. 90-148mended 42 4}C: § 7401, et seq. r �ttt rj{rt�sssa j. Coastal Zone Managemen��t, P.L. 92 516 U.S.C. § 1451, et seq. k. Flood Disaster Protection Ac tr 7�� 1 ion � i'� S C. § 4012a.1 t 1. 49 U.S.C. § 303, (formerly known as Section{ m. Rehabilitation Act of 1973— 29 U }"fti n. Title VI of the Civil Rights Act of 12000d�., 78 ��tr252)(prohibits discrimination on the basis of race,��plor o. Americans with Disabilities Act of 1990 as amended 42 U.S. C y= �101 et se ,prohibits discrimination on the basis of disability). t ) t p. Age Discrimination Act of 1975 — 42 U.S.C. § 6101, et seq. E s , '' ��i f i t q. American Indian Religious Freedom Act, P.L. 95 341{��.eJ$ x r. Architectural Barriers Act of 1968, as amended — 42 U S.C. § 4151, et seq. s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act — 40 U.S.C. § 3701, et seq.1 u. Copeland Anti -kickback Act —18 U.S.C. § 874.1 v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.' Airport Sponsors Assurances 5/2022 Page 2 of 18 3-}6-0194-}66-20I4 y. Drug -Free Workplace Act of1988-41U.S.L§§8101through O105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended bvsection G2O2ofP.L11O-252). aa.Civil Rights Restoration Act of19D7,P.L.lOO-2S9` bb.Build America, Buy America Act, P.L.117-58,Title IX. EXECUTIVE ORDERS a. Executive Order 1I246—Equal Employment Opportunity' b. Executive Order 11990— Protection of Wetlands c. Executive Order ,E,Jpod Plain Management d. Executive ernmental Review ofFederal Programs e" 12699-5ein ofFederal and Federally Assisted New Building 1 of1ditbtal Justice g. Execut," r r 66 — Improving Access to Services for Persons with Limited English Profici b Executi vancing Racial Equity and Support for Undersery Government i Executive Order 13988or Sexual Orientation - i Executive Order 14OO5— Workers k. Executive Order 140O —TackUnQtheO jibg Discrimination on the Basis of Gender Identity America bvAll DfAmerica's FEDERAL REGULATIONS Iff a. 2[FRPart 18O—DK4BGuidelines (NonprUcUrenlenti ��0� b' 2CFRPart 2UO—Uniform Administrative Requirements, Cost Ph 4,5 for Federal Awards. A111"i c. 2CFRPart 12O0—NonprocunementSuspension and Suspension Requirements d. 14CFRPart 13—Investigative and Enforcement P e' 14 CFR Part 16 — Rules of Practice for Federal ly-Assisted Airport Enforcement Proceedings. [ 24CFKPart 15O—Airport Noise Compatibility Planning. g. 28[FRPart 3S—Nondiscrimination mnthe Basis of Disability in State and Local k 28 CFRg5B—U.S. Department of Justice Guidelines for the Enforcement of Title VI ofthe Civil Rights Act of1Q64. i. 29 CFR Part 1 — Procedures for Predetermination of Wage Rates.' Airport Sponsors Assurances 5/2022 Page 3wm 3-06-0194-066-2024 j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5 —Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).' 1. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally -assisted contracting requirements).' m. 49 CFR Part 20 — New Restrictions on lobbying. n. 49 CFR Part 21 Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - EfftacLn of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 2{rti'cipatid 5f p. 49 CFR P,}2�1`— Uniform Reloc', Federalfyt ssisted Programs.1, 2 q. 49 CFF4Srt 26—Participation b fx}tr i, Transion Financial Assista sadvantage Business Enterprise in Airport Concessions. Assistance and Real Property Acquisition for Federal and Programs. Business Enterprises in Department of r. 49 CFR 7 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving r Federal Firiiii�talAststtice.l s. 49 CFR Part 28 — Enforcem�0, Nondiscri'"Illbliption on the Basis of Handicap in Programs or Activities Conducted by thp�`partment of Tsportation. t. 49 CFR Part 30 — Denial Countries That Deny Pr 49 CFR Part 32 — Governm Assistance). lic Works rent Marty 49 CFR Part 37 Transportation w. 49 CFR Part 38 —Americans with Transportation Vehicles. 49 CFR Part 41—Seismic Safety. to Sp ppliers of Goods and Services of tc tU11e contractors. Workplace (Financial FOOTNOTES To ASSURANCE (C)(1)�AM Mi w. ,}, � . .ftrtt�f. ,1• 1 These laws do not apply to airport planning spons';,�R,MM;r` These laws do not apply to private sponsors. 9�'1 3 2 CFR Part 200 contains requirements for State and L' "Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. n Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. Airport Sponsors Assurances 5/2022 Page 4 of IS 3-06-0194-066-2024 SPECIFIC ASSURANCES 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�(presentative of applicant to act in connection with the application,{provie't„additional information as may be required. b. Private it has i and cditf ff,it desigr�� this apjlt ; connects required. l'`authority to applyforill�s Grant and to finance and carry out the proposed project lywith all terms, contlt1ns, and assurances of this Grant Agreement. It shall ;�O , an official representativb and shall in writing direct and authorize that person to file ation, including all understandings and assurances contained therein; to act in r=a��th this application; and,to provide such additional information as may be 3. Sponsor Fund Availability. It has sufficient funds availal United States. It has sufficiei under this Grant Agreement 4. Good Title. It, a public agency or the Federal govern the landing area of the airport or site t<l kt �r Secretary that good title will be acgdz b. For noise compatibility program pr*cts to bi holds good title satisfactory to the Secretary to project costs which are not to be paid by the -e operation and maintenance of items funded funds will be expended or will give assurance to the Secretary S. Preserving Rights and Powers. a. It will not take or permit any action which would sfactoryto the Secretary, to isfactory to the Ly of the sponsor, it rtv upon which Federal obtained. grrive it of any of the rights and powers necessary to perform any or all of the terrri�'Itions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transferor dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for 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 Airport Sponsors Assurances.5/2022 Page 5 of IS 3-06-0194-066-2024 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 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 fora grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory,,, of Y It will take steps to enforce this agreement against the local governme,p„jroe is sI non-compliance with the terms of the agreement. d. For noisl}�tnpatibility prograrr,rpjects to be carried out on privately owned property, it will r'rt s t enter tan agreementwith tfnrnerofthat property which includes provisions specified by the Stary. It will take steps,„nforcethis agreement against the property owner whenthere is substantial nofliLcompliance with the terms of the agreement. e. If the s r is a private sponsor, it will take steps satisfactory to the Secretary to ensure that z, the airpoY��)jtpptpp{to func�p��,tublic-use airport in accordance with these assurances t t f t �2 t� 1 i for the duratj tiz� }, se ass #6 it ' f. If an arrangement is made}`management t�izl operation of the airport by any agency or person other than the or an emplo"I" of the sponsor, the sponsor will reserve sufficient rights and auth6jytoensure t'he airpt will be operated and maintained in accordance with Title 49, lnd Stato #�, the rjtions and theterms,conditions and }} 1 sf'Yt4 re�����shall e,�►�hath�arrangementalsorequires assurances in this Grant Ag t�la, compliance therewith. , 1 g. Sponsors of commercial service airportyaj('fot permit or ezrtr into any arrangement that results in permission for the owner c ��te0ap `of a pro pert ,p `d as a", -idence, or zoned for �f residential use, to taxi an aircratt.y, en ty tJlprope t any I�� ion on airport. Sponsors of general aviation airports enteniI'Winto an permission for the owner of residential real property adjacent to or near the airpojW''st comply with the requirements of Sec. 136 of Public Law 112-95 and thesponso urance£}{4 6. Consistency with Local Plans. The project is reasonably consistent with plans (existirt�tft�ir e "submission of this d �u , application) of public agencies that are authorized by the Ott'"m 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. Airport Sponsors Assurances.5/2022 Page 6 of IS 3-06-0194-066-2024 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. Metropolitan Planning Organization. In projects involvirtf�ftj{,{f an airport, an airport runway, or a major runway extension at a medium or large port, tnsor has made available to and has provided upon request to the metropoianning organizai0 in the area in which the airport is located, if any, a copy of the pro pos't�i'endment to the air9,#,t layout plan to depict the project and a copy of any airport master pI , which the project is d `�, ibed or depicted. 11. Pavementl' ` ventive Maintenance�i `anaeement. With respec' a project approved after January 1, 1995, for the replacement or reconstruction of pavement atjtrr,�ttsures o that it has implemented an effective airport pavement maintLrt hager � #ft; 40,!"liand it assures that it will use such program for the useful life d, recon��;�ted or repaired with Federal financial assistance y t J P cs% { S at the airprts on pa ent condition and pavement management programs as the Secretary de[0111111111 roes may beg,", 'ul. 12. Terminal Development Prere For projects which include terminal 4W06l3 rent _ jx� ubl�c u ' has, on the date of submittal of the project gra��lication, all certification of such airport under49 U.S.C. dlm } j6, and all the or regulation, and has provided for accestq� 'passenger enSP r airport to passengers enplaning and dpjd'rng fifty aircraf{p 13. Accounting System, Audit, and Record "keeping It shall keep all project accounts and records which fully discl the recipient of the proceeds of this Grant, the total cost of t which this Grant is given or used, and the amount ornature, project supplied by other sources, and such othe accounts and records shall be kept in accordance ,ort, as defined in Title 49, it safety equipment required for city equipment required by rule Ming an,eplaning area of such than,!, :farrier aircraft. am #`,hr ection with n of the cost of the by ds'pertinent to the project. The unting 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 .Airport Sponsors Assurances.5/2022 Page 7 of 18 3-06-0194-066-2024 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 $2000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include m­ajjttratsk�fftfork on any project funded under this Grant Agreement which t. r involve labor ,rpiovisions as ail�recessary to insure that, in the employment of labor (except in executive, af'`istrative, and supei�;�ry positions), preference shall be given toVietnam era veterans, Pr�,)n Gulf veterans, AfgE�lstan-Iraq war veterans, disabled veterans, and small business c erns owned and contrby disabled veterans as defined in49 U.S.C. § 47112. ,,1 mV , However, preference shall apply z$hly where the individuals are available and qualified to perform tEprk to which the employment relates. 16. Conformity tndcifi It will execute the p`r`tijectrsuble}t+tans, 6ftations and schedules approved by the Secretary. Such plans, specifications, anc=les shall b,mibmitted to the Secretary prior to commencement of site prepa# ��on, constructidifir r other performance under this Grant Agreement, and, upon appro,,,,," the Secretq "i, ` all be i0corporated into this Grant Agreement. Any modification to the approv`�rlans, spt�ons„i�'chedules shall also be subject to approval of the Secretary, and incrtrtitoth+I�rttment. 17. Construction Inspection and Approval. It will provide and maintain competent techp�)� ' up( project to assure that the work conform, �jte�jjan5 the Secretary for the project. It shall the���s approved project application to inspectt'on and apprd accordance with regulations and procedures prescrib procedures shall require such cost and progress repot project as the Secretary shall deem necessary. 18 Planning Projects. In carrying out planning projects: :)ughoutthe roved by ned in an shall be in ns and such 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. Airport Sponsors Assurances 5/2022 Page 8 of 18 3-06-0194-066-2024 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 understanl`i1trd`lta� the Secretary's approval of this project grant or the Secretary's approvalf'�nylanrnng malt developed as part ofthis grant does not constitute or imply any ass ifJIM, or commitment e part of theSecretaryto approve any pending or future applicp#f}for a Federal airportnt. 19. Operatlo� ntjd Maintenance. i a. The aii€it and all facilities which are necessary to serve the aeronautical users of the airport, other tH r f cilities owned or controlled by the United States, shall be operated at all times in a safe and sq_,frtrition"�tf,�rdance with the minimum standards as may be required or prescrt�a`'d" y a "", Fede state, and local agencies for maintenance and operation, (twill not caus'iermit any ai?ity or action thereon which wouldinterfere with its use for airport purpos , will suitably mate and maintain the airport and all facilities thereon or connected th lr vith, with dugs Ord to 7g matic and flood conditions. Any proposal flh to temporarily close the ai'grtit for no�tnauti��ur oses mustfirst be approved by the Secretary. Infurtherance of'tsi�lf{�e, the< 1�of�j�ave in effect arrangements for: 1. Operating the airpoienever r uired; 2. Promptly marking and lighting ha��,esulting from ail �� , temporary conditions; and �'{i,' £ �,iiF` s's it 3. Promptly notifying pilots of a'y conditior��{�ror contained herein shall be construed to reamr`ethat the a aeronautical use during temporary periods when snow, floes interfere with such operation and maintenance. Further,,��i- as requiring the maintenance, repair, restoration, or rely facility which is substantially damaged or desIJ+"ti condition or circumstance beyond the control'ot��onsor. ions, including rrktse of the airport. Nothing 1,;i,, r`e operated for or other c conditions ink> r s 'a11 be construed ptf any structure or act of God or other 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. Airport Sponsors Assurances 5/2022 Page 9 of 18 3-06-0194-066-2024 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 discrim4tl l r $�lj` pes, kinds and classes of aeronautical activities, including commerciauticaoffering services to the public atthe airport. b. In any ent, contract, leW,,br other arrangement under which a right or privilege at the airportanted to any personMiln, or corporation to conduct or to engage in any aerorr�tical activity for furnish%�� services to the public at the airport, the sponsor will insert MO and el"a pt(-ce provisions requiring fide contractor to: 1. Fur{said services on a reasonable, and not unjustly discriminatory, basis to all users i,}i{7 2. Chargereao'riai"(, and pp('oijustly df,fiminatory, prices for each unit or service, providedthatthe cor�tr for may be al('WOOd to make reasonable and nondiscriminatory discounts, rebates, orl er similar typ f price reductions to volume purchasers. c. Each fixed -based operatat ,the airport ;fif be sul to the same rates, fees, rentals, and other charges as are unifort�y}(��',tr all ot���� based operators making the same or similar uses of such airport anr'simif'S cilities. d. Each air carrier using such airport shall hr to use any fixed -based t operator that is authorized or permitte airport to svany fir carrier at such airport. e. Each air carrier using such airport s, er�f a tenants„j tenan ,t r subtenant of another air �sr �� t{ carrier tenant) shall be subject to oth nondl5 lrf t �,1 4r a'nd sub �tially comparable rules, regulations, conditions, rates, fees, rentals, and o oe charges w ie6spect to facilities directly and substantially related to providing air transportation ale t, huh air carriers ' �i�,tu which make similar use of such airport and utilize similar facilis, sukteasonable jt 13 tt1 �� tEi is}4 classifications such as tenants or non -tenants and signatory trd rion-si nator carriers. Classification or status as tenant or signatory shak(tz��sonably withheld by any airport provided an air carrier assumes obligations substaitay?jtriilar 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. Airport Sponsors Assurances 5/2022 Page 10 of 18 3-06-0194-066-2024 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. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the followiri�li4s}'' ' tt st}rt cy}i 3i �2 �„ t k ttit �� ti tit a. It would b`tiireasonably coy;burdensome, or impractical for more than one fixed -based operato,.'`tt rovide such servic�nd t S ? t,t•t k ! ft b. I alloW"i more than one fixed `led operator to provide such services would require the t tilt „ reduc�ft of space leased puro an existing agreement between such single fixed -based opera 'nd such airport. Itfurther agrees that it will not, either directly or indirectly, grant or permit person, firm, or corporation, the exclusive right at the airport to conduct any aeronaut��;�pty�tt�,pcludmg t} limited to charter flights, pilot training, aircraft rental s ,}, 3}� } 't { a � < r� and sightseet�}pt photo��y,`crot��ting, aerial advertising and surveying, air carrier operations, aircraft sates a��rtervices, sal;�viation petroleum products whether ornot conductaeronupal activity, repair and maintenance of aircraft, rttr �ttj} } sale of aircraft parts, and�i other activiti��hich because of their direct relationship to the operation of aircraft can b} tl garded as .. � 'ronautt�� activity, and that it will terminate any }}i t}k,i st't t{ !� Ittt �t exclusive right to conduct ai1t } p7 t� activity �� i tang at such an airport before the grant of any assistance undertte{;t'ldiiited NCode t 24. Fee and Rental Structure. It will maintain a fee and rentalstructure p�;�acilities and at}e airport which will make the airport as self-sustaining as p able Lfo� r the c i r ance� f ting at the particular airport, taking into account such factorzas the vof���Mvc and gUomy of collection. No part of the Federal share of an airport development, airport planning or rcompatibility project for which a Grant ismadeunder Title 49, United States Code, the AIrpc{nd Airvuatj,jvement Act of 1982, the Federal Airport Act or the Airport and Airway Develo�nt}��' shall be included in the rate basis in establishing fees, rates, and charges'``that airport. 25. Airport Revenues. 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. The following exceptions apply to this paragraph: 1. 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 Airport Sponsors Assurances 5/2022 Page 11 of 18 3-06-0194-066-2024 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. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current f�jfm fan land acquired with an airport improvement grant made to that a�f a ... orafter ber 1, 1996. }i1f8 {.4x . 3. CertYrevenue derived frr i,rr generated by mineral extraction, production, lease, or oteansatageneral a1pn airport (as defined at 49 U.S.C. § 47102), if the FAA d � rmines the airport spg11 meets the requirements set forth in Section 813 of Public L {�;;_` 12-95. b. As partik,,e annual audit required under the Single Audit Act of 1984, the sponsor will direct that the a t;�t...... , and t p1� t ft0g audit report will provide an opinion concerning, the use of airport rQ�jid ta�,d `ja`tg�b (a), and indicating whether funds paid or transferred to the owner car{rato'are p�f�pr transferred in a manner consistent with Title 3 tl, 49, United States Code an'�`�r;y other appli4e provision of law, including any regulation promulgated by the Secr fy or Adminis ,,r c. Any civil penalties or other accordance with the provisi 26. Reports and inspections. It will: a. submit to the Secretary such 0 moosedfo"r violation of this assurance in Ire as the Secretary may reasonably request and mak'ch rep&OWI j to the p# jf', make available to the public at reasonable times and places a report oft'he airport bu in a format prescribed by 1 4 $4i the Secretary; lx b. for airport development projects, make the airport and all air rt`nd documents affecting the airport, including deeds, leases, oper#ton ar>=��;ements, regulations and S #a 3tJt }. tjsYi t' other instruments, available for inspection by anyr��Worized 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 Airport Sponsors Assurances 5/2022 Page 12 of 18 3-06-0194-066-2024 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 pflte Secretary, would unduly interfere with use of the landing areas by other authorill,,, ft, g any calendar month that: a. Five (5) of'krre Government a)raft are regularly based at the airport or on land adjacent ' RNII,' thereto`''" J�tyt it i b. The is l'number of movemen ounting each landing as a movement) of Government ai300 or more, or the gr'o'-accumulative weight of Government aircraft using the airporf�te total movement of Government aircraft multiplied by gross weights of such aircraft)'t(�,excess of ewe million pounds f'�ilzs.ti xji� {i`{tt��xl tt�S, �i� Ott tY t}1ti� �r tr1$tt yt 28. hand for tr, r.e 1 j tfr s 1 d£t �34 It will furnish without cost to t deral Gover nt for use in connection with any air traffic control or air navigation actiufti, or weather - traffic control, any areas of lailprwater, or el desirable for construction, op641 "' and �� t such purposes. Such areas or an 11 four months after receipt of written request 29. Airport Layout Plan. a. Subject to the FAA Reauthorizati to date at all times an airport lay ing and communication activities related to air nere�n as the Secretary considers necessary or c eral expense of space or facilities for y,ailable as provided herein within ire` Secretai { rt tf k Public Lai254�ction 163, it will keep up 1. boundaries of the airport and all proposed ns theretpgether with the boundaries ,t , of all offsite areas owned or controlled by the sponsor for,.' rt purpp �� td proposed additions thereto; 2, the location and nature of all existing and pro„sed aiK"'M�}ttl`ities and structures (such as runways, taxiways, aprons, terminal buildil""rs'and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. 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 Airport Sponsors Assurances 5/2022 Page 13 of 18 3-06-0194-066-2024 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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 Secretty tl fists of restoring such property (or replacement thereof) to the level ,t tt} }}, sira J,t eft t of saf t ,u(lfty, efficie and cost of operation existing before the unapproved change in then or its facit in the case of a relocation or replacement of an existing r `f aiaciIitydue to a chan in the Secretary's design standards beyond the control of tkt�,rport sponsor. 30. Civil It will prom{oft�,take any measures necessary to ensure that no person in the United States shall, on the grounds o f p,lgrt d nationgl ,�J (including limited English proficiency) in accordance with the provision, 1i of t �lvfl j�� act of 1964 (78 Stat, 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex includ '?""e( (�� , xual orien n and gender identity) per49 U.S.C. § 47123 and related requirements; ag 'j the Age Disci A, ation Act of 1975 and related requirements or disability per the Americans v�� r Disabilities from participation in, be deniJhe benefits,, k} t program and activity conducteck pr a. Using the definitions of activity, facif ty, a §§ 21.23(b) and 21.23(e), the sponsor wil conduct all programs in compliance wJNi � , � pursuant to these assurances. }r,. b. Applicability 1990 and related requirements, be excluded be oiiwise subjected to discrimination in any fr„o.`fudsi=,received from this Grant. ram asfouW,jand defined in49CFR r, t E gate all prograf,operate all facilities, or n-discriminafJ,',,,frequi,.F.,ements imposed by or 1. Programs and Activities. If the sponsor has received a granr other fedgll, assistance) � t } for any of the sponsor's program or activities, these I of the sponsor's programs and activities.Al 2. Facilities. Where it receives grant or other f Igft���i)�assistance to construct, t} expand, renovate, remodel, alter, or acquire r part ofa facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or Airport Sponsors Assurances.5/2022 Page 14 of 18 3-06-0194-066-2024 structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (City of Redding), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stan. 252, 42 U }2000d to 2000d-4) and the Regulations, hereby notifies all bidders or T !�{# Jar JrfY tit k t41� � offerors that, ��frmtjvfy ensure that for any contract entered into pursuant to this 4 � yr f advertisenajselect busir disadvantaged business enterprises or airport concession disadvarAl d business enterill be afforded full and fair opportunity to submit bids in t, respon�`this invitation and nt�:sinesseswill be discriminated against on the grounds of vgU race, cl,t, national origin (incluTI g limited English proficiency), creed, sex (including sexual ' orient`ttp and gender identity), oi,e, or disability in consideration for an award." e. RequireW�ntract Provisions. 1. It wih[r`rr�� , ract clauses requiring compliance with the acts and } y t�•t iii sr" r regulation `te#�ative to r, p �scrimiri' in Federally -assisted programs of the Department of Transp`tion (DOT), �ncorporatingthe acts and regulations into the contracts byreferenKrp every contra�'r£agreement subject to the non-discrimination in Federally -assisted prams of the DGzts and fgulations. 2. It will include a list of tlt�FiYjt1 subject to the non-discris a 3. It will insert non-discrimination contra any deed from the United Statesf�t structures, use, or improvemera?ert± discl f' 'o f ,,,authorities in every contract that is pauses as a co4ofant running with the land, in or recordings transfer of real property, i � �," t tr, or interesti,tf!e ein tdii, onsor. 4; It will insert non-discriminatitiiontractl'�'Ysjiting ct�tmination on the basis of race, color, national origin (including limited" ng(ish profiC4 "I", creed, sex (including sexual orientation and gender identity), age, or disability iovenani �lg with the land, in any future deeds, leases, license, permits, or simzinstihtered into by the sponsor with other parties: a. For the subsequent transfer of real propr j ra�, I,(t1'orimproved under the applicable activity, project, or program; and"' �� b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. Airport Sponsors Assurances 5/2022 Page 15 of 18 3-06-0194-066-2024 g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvest rrf}p4$fj arpved noise compatibility project; i�r skis= t {i 2. Rein{u�t�ht in an appr� project that is eligible for grant funding under 49 U.S.C. t,qt Y i 4't� 3, `;$reinvestment in an aped airport development project that is eligible for �rrrant funding under 4�1J.S.C. §§ 47114, 47115, or 47117; 4. Tr of another public airport to be reinvested roan approved not ��prnpatibilit�arpro�ect at thq, airport; or 5. Payment`f"}'cetary;�dsil 'the Airport and Airway Trust Fund. �sfr If land acquired under a gr � for noise coma ibility purposes is leased at fair market value r�� „ and consistent with noise,buffering purposi}he lease will not be considered a disposal of the land. Revenues derived f, ;uch a leasej�be useO t foran approved airport development project that would other vte eligiEj ,��"grant fng or any permitted use of airport ,� � t ! t€ �r t 4 revenue.`..,��.kt,..r���,�r �,vm#uito,<., b. For land purchased under a grant for airpoFtrwelopment proses (other than noise compatibility), it will, when the land is r" 's er needed for , ort purposes, dispose of such OJTNV land at fair market value or make avgl01 �the Secretar, r��`amo� equal to the United States proportionate share of thJ�tin�arffvalue of ttnd. That portion ot the proceeds of such disposition which is proportite to tha�f'�tes' shar�the cost of acquisition of r,as+.ar,7,�.lstti, 4 such land will, upon application to the Secretary, be reinvested l ttransferred to, another eligible airport as prescribed by the Secretary. The Secretary sfj`give prefe�d'to the following, in descending order: 1. Reinvestment in an approved noise compatibility prof 2. Reinvestment in an approved project that is eitgilfe>'fo"r grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may 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 - Airport Sponsors Assurances 5/2022 Page 16 of 18 3-06-0194-066-2024 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. 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. If any phase of suc a r g ;ihb ec 49 U.S.C., �{'eacli c6ont4 m a n a g e m e n ng studies, fea art design, enng, surveying, mal architectulI?`hd engineering servi equivalent p",alifications-based req 33. Foreign Mkt Restrictions. sari 4,it4 It will not all r� p ,,,pr lied and product or servied)Ofi ri+ the United States Trade Re products and suppliers of t 34. Policies, Standards, and d Federal funds under Chapter 471 subchapter 1 of Title r sub -contract for program management, construction ity studies, architectural services, preliminary engineering, or related services in the same manner as a contract for negotiated under Chapter 11 of Title 40 U S.C., or an merit prescribed for or by the sponsor of the airport. > be used to fund any project which uses any period in which such foreign country is listed by ve as denyjrg;fair and equitable market opportunities for States in p*rement and construction. M It will carry out any project fund�,rtir{4, with policies, standards, and speciftcti' a'K current FAA Advisory Circulars (https://www. AIP projects as of July 25, 2024. 35. Relocation and Real Property Acquisit It will be guided in acquiring real `p`t erty, t' by the land acquisition policies in Subpart B of property owners for necessary expenses as specified in Subpa b. It will provide a relocation assistance program offering the CFR Part 24 and fair and reasonable relocation required in Subpart D and E of 49 CFR Part 24. Program Grant in accordance ary including, but not limited to, Sk tedia/aip-pfc-checklist.pdf) for fticable under State law, I pay or reimburse ,ffbe`d in Subpart C of 49 to displaced persons as c. 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. Airport Sponsors Assurances.5/2022 Page.17 of 18 3-06-0194-066-2024 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation r7 y j`�tr � r and failure to carr�r �t���all be treated as a violation of this agreement. Upon notification to the sponsor, �,alure to cant itsapproved program, the Department may impose sanctions as#i)ed for under Pa�,6 and 23 and may, in appropriate cases, refer the matter for enforcemer 18 U.S.C. § 100/or the Program Fraud Civil Remedies Act of 1986 (31 IF U.S.C. §§ 3-3809, 3812). 38. Hangar If the airpo ffi ner or operator and a person who owns an aircraft agree that a hangar is to be constructed apt'f,theair�� aircraft owner's expense, the airport owner or operator will grant=tt�itf terms and conditions on the 39. Competitive Access. a. If the airport owner or o § 47102) has been unable ngar a long term lease that is subject to such the airpoftwner or operator may impose. rofa gates or other facilities at'that aTOO&W airport or to expand service at the airpo to the Secretary that: 1. Describes the requests; 2. Provides an explanation as b airport (as defined in 49 U.S.C. ,quests by an air carrier for access to 3. Provides a time frame within which, if any, the airport will requests. b. Such report shall be due on either February 1 or unable to accommodate the request(s) in the six rrier to provide service to the )perator shall transmit a report W tthe airport has been to the applicable due date. Airport Sponsors Assurances.5/2022 Page.1S of 18