HomeMy WebLinkAboutResolution 2017-005 Approving an Airport development reimbursable grant agreementMARANA RESOLUTION NO, 2017-005
RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AIRPORT DEVELOPMENT
REIMBURSABLE GRANT AGREEMENT FOR GRANT NUMBER E7F2R 0 1 D BETWEEN
THE STATE OF ARIZONA BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION AND THE TOWN OF MARANA FOR THE, PURPOSE OF AIDING IN
FINANCING A PROJECT ENTITLED "REHAB. APRON, REHAB. TWY. (DESIGN
ONLY)," FOR DESIGN OF r I -HE APRON AND TAXIWAY REHABILITATION PROJECT
WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to
undertake all activities necessary to acquire, establish, construct, own, control, lease, equip,
improve, maintain,, operate and regulate an airport; and
WHEREAS A.R.S. § 28-8413 authorizes the Town of Marana to accept and receive
federal and other monies for the acquisition, construction, enlargement, improvement,
maintenance, equipment or operation of an airport and to enter into agreements regarding the
receipt of such monies; and
WHEREAS the Town and the State desire to undertake a project for the improvement of
the Marana Regional Airport and to share in the costs for the project; and
WHEREAS the Town has funds available to it to defray the Town's share of the costs of
project; and
WHEREAS the Town Council finds that entering into the Airport Development
Reimbursable Grant Agreement with the State is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF rl,, HE
TOWN OF MARANA, ARIZONA., AS FOLLOWS:
SECTION 1. The Airport Development Reimbursable Grant Agreement for Grant
Number E7F2R 01 D between the State of Arizona by and through the Department of
Transportation and the Town of Marana for the purpose of aiding in financing a Project entitled
"Rehab, Apron, Rehab. Twy. (Design Only)," for design of the Apron and Taxiway
Rehabilitation project, a true and correct copy of which is attached to and incorporated by this
reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby
authorized to execute it f6r and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of this resolution,
00050162.1)OCX /I
Manama Resolution No, 2017-005 12/28/2016 9:42 AM
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3'd day of January, 2017,
AM ANA 7
Mayor Ed HTnea
ATTEST: APPROVED AS TO FORM:
celyn C. ronson.) Town Clerk F Cassidy, Town Attorney
I
00050162.DOCX /I
Marana Resolution Na. 2017-005 -2-
12/29/2016 9:42 AM
Grant ##E7F2R. 01D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
Arizona Department of Transportation
Multimodal Planning Division
Aeronautics Group
Airport Development Reimbursable Grant Agreement
Part I
THIS AGREEMENT is entered into , between the STATE OF
ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal
Planning Division (the "State's) and the TOWN OF MARANA a political subdivision of the State of Arizona
(the "Sponsor"), for a grant of State funds for the purpose of aiding in financing a Project of Rehab. Apron,
Rehab. Twy. (Design only) (the "Project"), for the improvement of the MARANA REGIONAL AIRPORT
(the "Airport"}.
`]V ITN ES S Erl,,,Ii
Recitals:
1) The Sponsor desires, in accordance with the autl101•ity granted by Arizona Revised Statutes (A.R.S.) Section 28-8413,
funds frons the State far the puI-pose of airport planning and/or development.
2) The Arizona State Transportation Board, as approved on November 1.8, 2016 and the Director of the Arizona
Department of Transportation, in accordance with the authority granted by A.R.S. Sections 28-304, 28-363, and 28-
401 and Title 28, Chapter 25, A..R.S., have authorized reimbursement to the Sponsor of funds expended for airport
planning and/or development.
Now, therefore, in consideration of the foregoing recitals acid of the covenants and agreements made by the parties herein
to be kept and performed, the parties agree as follows:
sponsor's Responsibility
13 The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: November. 28,
2016. This Grant offer, if not accepted by the Sponsor, shall expire at the end ofthe 4-111olith period.
2) The Sponsor shall commence the Project within 6 niontlis of the date the grant was executed by the State. This
Project will consist of the airport improvements as described in Exhibit C. The Sponsor shall proceed with due
diligence and complete the Project in accordance with the provisions of this Agreement. The Sponsor shall provide
and mair�Itaiii competent supervision to complete the Project in conformance with the plates, speci�f icatioris and work
completion schedule incorporated as part of this Agreement.
Page l of 267
Grant ##E7F2R 01.I3
MAR.ANA REGIONAL AIRPORT
TOWN OF MARANA
3) The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto,
as Exhibit C, ScliedLiles Two and Three respectively and shall complete the Project within that schedule. Any change
to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's
obligation to provide funds herein must be reflected by formal Amendment to this Agreement.
4) The Sponsor- shall comply with the Sponsor Assurances and abide by and enforce the General Provisions and Specific
Provisions incorporated herein as Exhibits A, B and C respectively.
Obligations
1) The 111illirlIUM funding participation from the Sponsor shall be four and forty-seven hundredths percent (4.470%)} as
determined by the State.
2) The maximum reimbursernent available from the State to the Sponsor for this Agreement shall be Eighteen
Thousand Three Hundred Seventy -Three Dollars ($18,373).
3) Except as otherwise provided herein, the State's obligation to provide funds hereunder expires irip011 completion of the
efforts required herein or 1211512020, whichever is earlier.
4) The State may, after agreeing to provide said f Linds to the Sponsor, withdraw/terminate the grant if the Project has not
been initiated as evidenced by a Notice to Proceed within 6 months of the date the grant was execLrted by the State or
has not progressed as scheduled over a period of 12 months. If it becomes necessary to terminate a grant at any time,
the State will reimburse expenses of the Sponsor, approved by the State, i.rp to the time of notification of cancellation.
5) Sponsor acknowledges that in the event of a late payment or reimbursement by the State, the State shall have no
obligation to pay a late payment fee or interest and shall not otherwise be penalized.
6} In the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no
longer in the State's best interest, the State shall have the right of termination at its sole option. The State shall not
reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38--
51 1 hereby puts all parties on notice that this Agreement is subject to cancellation.
Preliminary Work Provision
Any preliminary work, for which costs for this Project were incurred after 7/1/2016 shall be considered eligible for
reimbursement provided that said costs are directly related to the Project oil which this Agreement is written. The State
shall review related records and determine eligibility at its sole discretion.
Neige 2 of 267
Grant #E7F2R 01D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
Part 11
The Sponsor shall approve and attach to this agreement a resolution by its governing body that certifies as follows:
1) The Sponsor has the legal power and authority:
a) to do all things necessary, in order to Undertake and carry out the Project;
b) to accept, receive and disburse grant funds From the State in aid of the PrqJect.
2) The Sponsor now has on deposit, or is in a position to secUrdolla se A /a 11 kX4
($ 6WC/
or an equivalent amount represented by Sponsor's proposed labor and equipment costs, for use in
defraying Sponsor's share of the costs of the Project. The present status of these funds is as follows:
l (SW -VI � 1 �
(Enter local fuaing type and location)
3) The Sponsor hereby designates'DI ;w vftiu :Yjnaaoz- C4 Z,
Narne Title
to receive payments representing the State's share of project costs.
Si6tore of Sponsor's Representative
Title of Rel`ksentative
4) The Sponsor has on file with ADOT the following vendor identification and address for project payments:
Sponsor Vendor Id #:
Sponsor Vendor Address:
Pyhihite,
1-1Z000008123
TOWN OF MARANA
11700 W. AVRA VALLEY RD #86
MARANA, AZ 85653
The following Exhibits are incorporated herewith and form a part of this Agreement.
Exhibit A - Sponsor Assurances
4
'x1iihit B - General Provisions
Exhibit C - Specific Provisions and Project Schedules
Page 3 of 267
C-1 r -r A rlr U-1
State of Arizona
Department of Transportation
MUltiniodal Planning Division
By:
Michael Kies, Director
Date:
WITNESSED BY:
Signature:
Title:
Date:
Grant #E7F2R 0113
MARANA REGIONAL AIRPORT
TOWN OF MARANA
TOWN OF MARANA
MARANA REGIONAL AIRPORT
By:
'Title: `��7I,U-Yl `j7'1p(,/1.G�cA.Q�
Date: �/.5�� 7
WITNESSED BY:
Signcit Ure:
C Sr iwe
V
rl,itle:
�jf-� 03 mu n
Date: 1151,17
Page 4 of 267
Grant #E7F2R. ol.D
MARANA REGIONAL AIRPORT
TOWN OF MAR.ANA
EXHIBIT A
Sponsor Assurances
Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. The Sponsor
hereby covenants and agrees with the State as follows:
General
1) That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions
authorized by the State to plan for the development of the area surrounding the Airport and has given fair
consideration to the interest of communities in or near where the Project is to be located. In making a decision to
undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable
consultation with affected parties using the Airport at which the Project is proposed. All appropriate development
standards of Federal Aviation Administration (FAA) Advisory Circulars, orders, or Federal Regulations shall be
complied with. All related state and federal laws shall be complied with.
2) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof,
made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning
project's duration developed under the grant, but in any event, not less than twenty (20) years frorll the date of
acceptance of the grant offer by the Sponsor.
3) 'rile Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with
control over a public -use Airport and/or ori behalf of the possible future development of all Airport and is eligible to
receive grant funds for the development or possible development of an Airport under its jurisdiction.
4) The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site
thereof, or will give assurance satisfactory to the State that good title will be acquired.
5) ghat the Sponsor is the owner or lessee of the property or properties ori which the Airport is located and that the lease
guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years
from the date of this Agreement. All changes in airport ownership or to all airport lease shall be approved by the
State.
d) The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid
by the State (or the United States).
7) The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this
Agreement.
8) Preserving Fights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to
deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in
this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or• modify ally
outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. 'T'his will
be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or
dispose of any part of its title or other interests ill the property shown ori the airport property neap included ill the most
recent FAA -approved Airport Layout Plan, or to that portion of the property upon which State funds have been
expended, for the duration of the terms, conditions and assurances in this Agreement without approval by the State. If
Pate 5 of 267
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TOWN OF MARANA
the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this
Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall
insert in the contract or document transferring or disposing of Sponsor's interest and make binding upon the transferee
all the terns, conditions and assurances contained in this Agreement.
9) Public Hearings: In Projects involving the location of an Airport, all airport runway or a major runway extension, the
Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and
environmental impacts 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 State, subunit a copy of such
hearings to the State.
Financial
Pursuant to A.R.S. 35-325, the Sponsor may elect to utilize the Local Government Investment Pool ("LGIP") maintained
by the state treasurer. The Sponsor shall request written approval from the State to use the LGIP. Thereafter, the State relay
deposit the funds authorized by the grant into the Sponsor's account. After approval of the reimbursements by the state,
the funds shall be disbursed through the LGIP account to the Sponsor. The disbursements shall be made pursuant to the
applicable laws and regulations.
'Rile Sponsor shall establish and maintain for each Project governed by this Agreement, all adequate accounting record to
allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United
States or other sources) and to determine the eligibility of all incurred costs of the Project. The Sponsor shall segregate
and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C.
Record Keeping
The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon
reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and
examination all records, books, papers or documents of the recipient relating to work performed under this Agreement.
For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including
deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly
authorized agent of the State upon reasonable request.
Airport -Based Aircraft Reporting
Tile Sponsor shall furnish to the State on a quarterly basis, a current detailed listing (including: Registration/N Number,
Name, Address and Phone Number of Owner) of all based aircraft on the Airport in a form approved by the State.
Aii-ort Layout Plan
1) The Sponsor shall maintain a current signed/approved Airport Layout Plan (ALP) of the Airport, which shows
building areas and landing areas, indicating present and planned development and to f iriiish the State all updated A1�P
of the Airport as changes are made.
2) The Sponsor shall be required to prepare an ALP for update or revalidation ill accordance with current FAA and State
standard guidelines. 'rhe ALP will indicate any deviations from FAA design standards as outlined in current FAA
Advisory Circular's, orders or regulations. A copy of the sigriedlapproved ALP ire electronic format shall be
forwarded to the State after authentication by FAA or the State.
Page 6 of 267
Grant #E7P2R 01D
VIARANA REGIONAL AIRPORT
■ ,�1 mm..- m
3} The Sponsor shall assure that there are no changes to the airport property boundaries, together with ally off-site areas
owned or controlled by the Sponsor which support the Airport or its operations as a part of this project.
4) If a change or alteration is made at the Airport which the State determines adversely affects the safety, utility or
efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as
approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved
by the State.
Immediate Vicinity Land Use Restrietion
The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes
compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning
laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the
Airport, the Sponsor 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 or the imaginary surfaces of the
Airport upon which State funds have been expended.
Air ort eration
1 } The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by
removing, lowering, relocating, narking and/or lighting existing airport hazards and to prevent, to the extent possible,
establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure 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 preventing the establishment or creation of future airport
hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport.
2) The Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to
all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided
that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Ail -port
as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may
prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions,
interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport
facilities.
3 } In any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any
person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at
the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation:
a) to furnish services on a reasonable and ]lot unjustly discriminatory basis to all users thereof and charge reasonable
and not unjustly discriminatory prices for each unit or service;
b) and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions
to volume purchasers;
c} each Fixed Based Operator (FBG) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals
and other charges as are .ill ifot-111 ly applicable to all other F 130s and Air Carriers making the same or similar uses
of the Airport and utilizing the same or similar facilities;
d) each Air- Carrier usi11g such Airport shall have the right to service itself or to use any FBO that is authorized or
permitted by the Airport to serve any Air Carrier at the Airport.
Wage 7 of 267
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MARANA REGIONAL AIRPORT
TOWN OF MARANA
4) The Sponsor shall not exercise or grant any right or privilege which operates to prevent any person, firm or
corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees
(including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor
itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided oil
the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator
authorized by the Sponsor under these provisions.
5) The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are
necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical
purposes and to operate essential facilities, including night lighting systems, when installed, ill such manner as to
assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require
that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other
climatic conditions interfere substantially with such operation and maintenance.
6) The Sponsor shall not permit all 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, providing services at all Airport by a
single FBo shall not be construed as all "exclusive right" if:
a) it would be unreasonably costly, burdensome or impractical for more than one FBo; and
b) if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to all
existing agreement between a single F BO and the Airport.
Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot
training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural
spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in
Cor7junctlon with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any
other activities which because of their direct relationship to the operation of aircraft call be regarded as an aeronautical
activity.
7) 1"lie Sponsor shall terminate any exclusive right to conduct all aeronautical activity now existing at the Airport before
any grant of assistance from the State. However, there shall be no limit oil the duration of the assurances regarding
Exclusive Rights and Airport Revenue so long as the Airport is used as all Airport. There shall be no limit oil the
duration of the terns, conditions, and assurances with respect to real property acquired with State funds.
8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented all effective pavement
preservation management program at the Airport in accordance with Public L,aw 103-305 and with the 111ost current
associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport.
The Sponsor assures that it shall use and follow this program tfor the Useful life of the pavement constructed,
reconstructed or repaired with financial assistance from the State and that it will provide such reports ort pavement
condition and pavement management programs as may be required by the State.
S ollsoi- Transactions
rI"he Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and
powers necessary to perforin any or all of the covenants made herein, unless by such transaction the obligation to perform
all suclI covenants is assumed by another public agency eligible to assunie such obligations and having the power,
authority and financial resources to carry out such obligations; and, if an arrangement is made for 111anagement or
operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve su'f�ficient powers and
Page 8 of 267
Grant #E7F'2R. 01-D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such
an arrangement also requires compliance therewith.
Airport Reventies
The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the
Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such
factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and any local taxes
established after Dec 30, 1957), will be expended by it for the capital or operating costs of the Airport; the local airport
system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly
or substantially related to the actual air transportation of passengers or property, oil or off the Airport.
Disposal_ of Land
1 ) For land purchased under a grant for airport development purposes tit is needed for aeronautical purposes, including
runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the
financial self sLrfficierlcy of the Airport), the Sponsor shall apply to the State and FAA for permission to dispose of
such land. if agreed to by the State and/or FAA, the Sponsor shall dispose of such land at fair market value and make
available to the State and FAA an amount that is proportionate to the State and FAA's share of the cost of the land
acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of
acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved
by the State and FAA or (b) be deposited to the Aviation Trust Fund if no eligible Project exists.
2} Disposition of such land shall be subject to the retention or reservation of ally 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.
Page 9 of 267
EXHIBIT R
General Provisions
El MDIOvmcnt of Consultants
Grant #E7F2R o 1.1)
NIARANA REGIONAL AIRPORT
TOWN of MARANA
The term consultant, as used herein, includes planners, architects and/or engineers. If a consultant is to be used for this
Project, the Sponsor agrees to consider at least three (3) c011sultant firms. If the Sponsor has contracted with or will
contract with a consultant oil a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least
three (3) c011sultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of
the request for proposals and/or request for qualifications, and the proposed consultant contract prior to its execution and
upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be ill
accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded
project contracts.
Contracts
1) The Sponsor as an independent entity and not as all agent of the State may obtain the services required in order to
fulfill the work outlined in the Project Description as approved by the State for funding in the Airport Capital
Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state:
a) The name of the c011sultant authorized to perforin the work and to communicate oil behalf of the Sponsor;
b) The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona
Executive Order 75-5 as amended by Arizona Executive Order 99-4, relating to equal opportunity;
c) The terms for termination of the contract either for failure to perform or in the best interest of the Sponsor;
d) The duly authorized representatives of the State shall have access to any books, documents, papers and records of
the consultant and/or contractor which are in any way pertinent to the contract for a period of five years, ill
accordance with A.R.S. 35214, for the purpose of making inspections, audits, examinations, excerpts and
transcriptions.
2) All contracts shall stipulate and make clear:
a) The responsibilities of the c011sultant to gain authorization for changes on the Project which relay have all affect oil
the contract price, scope, or schedule;
b) That all construction contractors and sub -contractors hired to perforin services, shall be in compliance with A.R.S.
321, Chapter 10.
c) That any materials, including reports, computer programs or files and other deliverables created under this
Agreement are the sole property of the Sponsor. "I'liat these items shall be made available to the public. The
Contractor/C011surtant is not entitled to a patent or copyright on these materials and may not transfer the patent or
copyright to anyone else.
d) That any travel shall be reimbursable by the State only within the I'Liles and costs in accordance with the State of
Arizona Travel Policy.
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Conflict of Interest
Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional
conduct set forth in Arizona Adininistrative Code R4-30-301. III addition, a conflict of interest shall be cause for
disqualifying a consultant from consideration; or terininating a contract if the conflict should occur after the contract is
made. A potential conflict of interest includes, but is not limited to:
1 ) Accepting all assignment where duty to the client would conflict with the consultant's personal interest, or interest of
another client.
2) Performing work for a client or having an interest which conflicts with this contract.
Reports
The Sponsor shall submit monthly status reports during planning, shall subin it monthly status reports during design, and
shall submit weekly reports during construction. All reports shall reflect, at a milliIIpI-11n, the progress accomplished ill
relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections
of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the
Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual
responsibilities.
Chaps
Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and/or
scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for
reimbursement. Approval of a change by the State shall not obligate the State to provide reimbursement beyond the
maximum funds obligated by this Agreement. Any increase to the amouIpt of funds authorized hereunder, to the
expiration date of this agreement, or to the scope of work included ill this agreement must be by formal amendnient, and
signed by all parties.
Any changes to the contract docuIlpents, authorized by the Sponsor, inust be approved by the State prior to ally changes
being made in order to be eligible for reimbursement.
Audit
Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination illay be a sepal -ate
project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to
have a Single Audit, this Project shall be considered for inclusion in the scope of examination.
The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient
of the proceeds of the grant, the total cost of the Project ill connection with which the grant is giVCIl 01- used, and the
aiiiMllt or nature of that portion of the cost of the Project supplied by other sources, and such other financial records
pertinent to the Project. The accounts and records will be kept in accordance with A. R.S. 35-214.
In any case ill which all independent audit is ii -lade of the acCOLIlIts of a Sponsor relating to the disposition of the proceeds
of a grant relating to the Project ill connection with which the giant was given or used, it shall file a certified copied of
such audit with the State not later than six (6) niontlis following the close of the fiscal year ill which the audit was made.
Page I I of 267
Grant #E7F2R 01.1)
MARANA REGIONAL AIRPORT
TOWN OF MARANA
The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of
audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The
Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability
of this audit.
Suspension
If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may
suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs
incurred during a period of suspension may not be eligible for reimbursement by the State.
Failure to Perform
If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor,
terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the
effective date, and the eligibility of costs incurred prior to termination. 'rhe State shall not reimburse any costs incurred
after the date of termination.
Termination for Convenience
When the contixluation of the Project will not produce beneficial results commensurate with the further expenditure of
funds or when funds are not appropriated or are withdrawn for use herel.Inder, the State may terminate this Agreement. III
the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually
agree upoll the termination either in whole or in part. In the case where funds are no longer available or have been
withdrawn or not appropriated, or the Project is no longer in the State's best interest, the State shall ]lave the right of
termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination.
The Governor pursuant to A.R.S. Section 38-511 Hereby puts all parties on notice that this Agreement is subject to
cancellation.
Waivei• by State
No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the
State to declare a default, failure to perform or to take any other action oil account of any violation that continues or
repeats.
Compliance with Daws
The Sponsor shall comply with all Federal, State and Local laws, I•Liles, regulations, ordinances, policies, advisory
circulars, and decrees that are applicable to the performance hereunder.
A rhitration
In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12--1518.
_t» tical ietian
Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of
c0111petent jurisdiction within Maricopa COL111ty, State of Arizona.
Page 12 of 267
Grant #E7F2R 01D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
Excess of Pavments
If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall
promptly return the excess to the State. Final determination of the State's share of allowable costs shall rest solely with
the State. Any reirnbursement to the Sponsor by the State not in accordance with this Agreement or unsubstantiated by
project records will be considered ineligible for reimbursement and shall be returned promptly to the State.
State Inspectors
At any tirne and/or prior to final payment of funds for work perfort-ned under this Agreement, the State may perforin an
inspection of the work performed to assure compliance with the terms herein and to review the workranship of the
Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or ally
provisions of Agreernents between the Sponsor and the Sponsor's contractor and/or c011sultant.
Indemnification
The State of Arizona, acting by and through the Arizona Department of Transportation, does not assure any liability to
third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting front the perforillance
of this Agreement or any subcontract hereunder.
The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from
any and all liability, loss or damage the State niay suffer as a result of clan -ns, demands, costs or judgments of any
character arising out of the perfori-nance or non-performance of the Sponsor or its independent contractors ill carrying out
any provisions of this Agreement. In the event of any action, this index-nnil"ication shall include, but not be Iii-nited to,
court costs, expenses of litigation and reasonable attorney's fees.
Required Provisions Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as
though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement shall forthwith be physically aillended to make such
insertion or correction.
Prol2erty of the S onsoi- and State
Any i -materials, including reports, computer programs or files and other deliverables created under this Agreement are the
sole property of the Sponsor. The Contractor/Consultant is not entitled to a patent or copyright on these materials and
niay not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish,
disclose, distribute and otherwise use at no cost to the State any of the material prepared in connection with this grant. At
the completion of the project, the Sponsor shall provide the State with all electronic copy, in a forrat useable by the State,
and one hard copy in a fort»at useable by the State, of final plans, specifications, reports, planning documents, and/or
other published materials as produced as a result of this project.
Page 13 of 267
Grant #E7F2R U 1. D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
[:� :-ii :-Ill--mr
Specific Provisions and Project Schedules
Provisions for Design/Construction
Financial Cost Categor0.
ies
"Flee Sponsor shall segregate and group project costs in categories as follows:
1) "Design/Engineering Services" (as applicable), including topographic surveyslinapping, geometric design, plans
preparation, geotechnical and pavement design, specifications, contract documents.
2) "Construction" (must be accounted for in accordance with approved work items as presented in the bid tabulation).
3) "Construction Engineering" (as applicable), including contract administration, inspection/field engineering, materials
testing, corlstructiorl stakinglas-built plans and other.
4) "Sponsor Administration" directly associated with this Project (not to exceed 5% of project costs).
5) "Sponsor Force Account" contribution (if applicable).
6) "Contingencies" (not to exceed 5% of construction costs).
7) "other" with prior approval of the State.
Design Review — Plans. Specifications and Estimates
Plans, specifications and estimates shall be accomplished by, or under the direct supervision of a qualified engineer
registered by the State of Arizona. me Sponsor shall conduct a Concept Design review meeting with the State and
Sponsor's consultant at approximately the thirty percent (30%) completion point in the design of the Project, and a Final
Design Review at one hundred percent ( 100%) plan completion.
These mandatory reviews shall be completed before the Sponsor will be permitted to proceed with the Project. Tile State
shall issue an approval to proceed with final design upon satisfactory completion ofthe 30% review. The State shall issue
an approval of the 100% plans, specifications and estimates upon satisfactory completion of the l00% review. Upon State
approval, the Sponsor may proceed to advertising if corIstructiorl is included in the scope of the Project, or must close the
Project and submit a final grant reimburserllent request if the grant is for design only.
Any modification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to
approval of the State. Changes made to approved plans, specifications, and estimates at any time must be
authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State.
Page 14 of 267
Grant #E7F2R 011)
MARANA REGIONAL AIRPORT
TOWN OF MARANA
The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and/or FAA
prior to construction. The Sponsor shall submit a copy of the documentation to the State.
FAA Notice of Proposed Construction
The Sponsor agrees to submit all FAA Foran 7460-1, Notice of Proposed Construction or Alteration before construction,
installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77,
Objects Affecting Navigable Airspace.
Bidding - Alternate Bidding Methods
Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects.
Alternative contracting methods (Design Build, Construction Manager at Risk, Task order Contract) may be used in
accordance with A.R.S. Title 34, Chapters 1, Z and 6. Use of an alternative contracting method shall be reviewed and
approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an
alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules,
and laws, as well as all requirements of this grant agreement within that method.
Rne.011 nit Hark
If a Sponsor has requested a match to a Federal construction grant that was based oil bids (the project was already
advertised by the Sponsor with no existing State airport development grant for the design work), then all design
coordination with the State required by this agreement must have been met during the design process for any prior design
work to be Considered eligible for reimbursement by the State. The State shall review any documentation and work dolle
prior to bidding and, at its sole discretion, determine the eligibility of the work. only work items necessary to complete
the Project as stated in Exhibit C, Schedule one, Project Description, may be considered eligible.
Contractor Allowance
This item may only be used to cover costs of unknow11, unforeseen circL1111stances within the scope of the grant that are
necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to
accomplish the Project) This item must have prior approval of the State for each use of the item during construction
in order to be eligible for reimbursement by the State. The bid item shall be clearly defined in the contract documents
with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all.
The allowance may only be used for unforeseen items directly related to the Project.
Contingencies
Contingencies are to be used as all estimating tool during the preliminary phases of Project development. They are
intended to allow room in the grant funding level for reasonable price increases or approved added items during design.
Contingencies are not eligible for reimbursement by the State as bid Mems ill a Construction contract.
Itemized Allowance
Use of an itemized allowance items may only be included in a contract with prior approval of the State. Ally use of an
itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet
allowance — cabinets in terminal storage room as shown oil plans to be selected by Sponsor, or carpet allowance —
industrial Berber carpet for Zoo SF lobby to be selected by Sponsor) Each contract allowance ite111 must be approved by
the State in order to be included in the bid package. The State will not approve use of all item to cover expenses not
Page 15 of 267
Grant #E7:F2R of D
MARANA REGIONAL AIRPORT
ID -110K 1'A- :::-ItMMk r:I
directly related to the item. (For exai-nple: Left over funds frorn cabinet allowance cannot be used to purchase light
fixtures)
Construction Inspection
Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the
Sponsor and iiiay be accomplished by the Sponsor's staff or by a qualified consultant. The Sponsor shall provide and
maintain competent technical supervision throughout the Project to assure that the work conforills to the plans,
specifications and schedules approved by the State and the Sponsor.
Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the
State of Arizona.
The Sponsor shall subject the construction work and any related docuiiientation oil any Project contained ill all approved
Project application to inspection and approval by the State and the FAA. The State shall, if in accordance with
regulations and procedures, prescribe such work as needed for the Project.
Change orders
The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed
or added bid iterns, the locations of changed work, the quantities and costs of changed work, and the tine required for the
change. Justification for the change i -rust be provided to the State by the Sponsor. Change orders may be approved by the
State only if they are clearly necessary to accomplish the original grant scope. If approval is granted by the State, the
Sponsor shall follow up with the written change order for the State's review and approval in a timely manner. "I"he
Sponsor may not request reimbursement for the work done under- a change order until the change order is approved by the
State.
Construction Contract Documents
Any changes to the construction contract documents (including scope, time and amount), authorized by the
Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for
reimbursement tinder the grant. All changes, as well as any notifications and approvals related to the changes, shall be
documented in the final contract documents, change orders, and as built plans provided to the State at the end of the
contract. 'Verbal requests and approvals are not sufficient as docun7entation for reii-nbursei-hent. Final reimbursements will
not be made until all documentation is received by the State.
Page 16 of 267
Grant #E7F2R 01D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
Design/Construction Project Schedules
The Schedule Forms are intended to identify and monitor project scope, costs, and basic milestones that will be
encountered during various phases of the Project. The Sponsor shall complete these three schedules showing the project
description and total costs, project reimbursements (cash flow) schedule and project milestones.
Schedule One shows the total Project estimated costs associated with each share - State and Federal and Local. Schedule
Two shows a projected cash flow for State funds only. The Sponsor is to estimate requests to the State for Project
reimbursement. Schedule Three shows anticipated dates of Project milestones. These schedules will be used to keep track
of the Project's progress. Be sure to develop realistic schedules.
As the project progresses, and the original reimbursement schedule and or milestone dates change, the Sponsor must
SUbinit a revised Schedule to the State for approval.
Schedule One
Design/Construction Project Description and Funding Allocation
Detailed Project Description:
Rehab. Apron, Rehab. Twy. (Design Only)
FAA A1P# 3-04-0058-021-2016
Project Cost Category
Total
Estimated
Project Cost
Estimated
Local Share
Estimated
Federal Share
Estimated
State Share*
Design/Engineering Services
$
$
$ 3 --7 q
$ ,c 3
$
Construction
$
$
$
Construction Engineering
$
$
$
$
Sponsor Adniinistration"
$
$
$
$
Sponsor Force Account Work***
$
$
$
$
Contingencies
$
$
$
$
Total
F$ al Project Costs
$ YLO
j $
No 3�e
3-7
I$ I=S' 3 73
*Total of this column to be used in Schedule Two.
Sponsor Administration is not eligible for reimbursement above 5% of the project costs.
All force account work is to be approved by the State prior to the grant agreement being signed.
NOTE: The Sponsor must attach a project plait based upon the ALP that clearly shows the scope and
the limits of the work.
Page 17 of 267
Grant #E7F2R 01D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
Schedule Two
Design/Construction Project Reimbursement Schedule
The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State jzrant funds
only for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should
be a realistic schedule and will be used to keep track of a project's progress. Reimbursement requests must be submitted
regularly by the Sponsor while the grant is active. The cash flow should reflect when a request is submitted to the State,
not when invoices are paid by the Sponsor.
Instructions:
1) For ",Total State Funds" below, enter the Total Project Costs/Estimated State Share from Schedule One.
2) For each month/year, indicate the projected reimbursement request amount for State Funds only (use whole dollars
only, e.g. $540 or $1,300).
3) C011fillUe the process by entering a Zero (0) in the i-nontli/year for whicli no reimbursement is anticipated and/or a
dollar amount of the reimbursemeiit, until the total State funds are accounted for iii the cash flow.
Total State Ftin(ls: $18,373
. Projected Reimbursement Requests 1 State Cash Flow
Calendar
Jan
Feb
Mar
Apr
May
Jun
Year
2016
$
$
$
$
$
$
2017
$
$ S8000
3-73
$
$
$
2018
$
$
$
$
$
$
2019
$
$
$
$
$
$
2020
$
$
$
$
$
$
Calendar
Jul
Aug
Sep
Oct
Nov
Dec
Year
2016
$
$
$
$ 0
2017
$
$
$
$
$
2018
$
$
$
$
$
2019
$
$
$
$
$
$
$
$
-----2020
GYrants exl)ire 4 years froiii the (late of the grant offer. The SI)oitsor shall sche(Itile the work to be
coiiijActe(I Nvithin the 4 years.
Page 18 of 267
Grant #E7F2R 01D
MARANA REGIONAL AIRPORT
TOWN OF MARANA
Schedule Three
Design/Construction Project Milestones
Milestone Duration Guidelines
The below duration periods are intended to provide guidelines for you to consider. These are average time periods (ill
calendar days), but it is understood these periods may vary by Sponsor and Project, and are subject to modification. If an
entry on the form is not applicable, write N/A.
I The Consultant Selection Phase for all Projects, regardless of type, is approximately ninety (90) days but should not exceed one
hundred eighty (180) days.
2) The Design/Engineering Phase is subject to the type and complexity of the Project, however, most designs can be accomplished
within one hundred eighty (180) days to two hundred and seventy (270) days.
3) The Bidding Phase typically should be sixty (60) days or less.
4) The Construction Phase is dependent upon the type of Project, the airport traffic, and the available construction season, generally
ninety (90) days to three hundred sixty (360) days.
5) The State review periods should be fifteen (15) days.
Desi n/Consti-action Milestone Selic(Itile
Milestones
Duration
# of Days
Staft Date
m
Completii Date
Proposed
Actual
Proposed
Actual
Consultant Selection Phase
Submit Scope for State Review
Submit Contract for State Review
Award Consultant Contract
1101)Lq_1
I
I 3DI I
Design & Engineering Phase
g3q
Sponsor Issue Notice to Proceed/Start Design
Conduct 30% Design Review
i
Conduct Final Design Review/Bid Set Submitted (100%) for Review
Bidding Phase
Bid Set Submitted (100%) for Review
Issue Invitation for Bids
Submit Bid Tab for State Review
Award Construction Contract/Submit to the State
Consti-tiction Phase
Pre -Construction Meeting
Issue NTP — Begin Construction
Final Inspection
Submit As-Builts & Final Documentation
Submit Final Reimbursement Request and Sponsor Closeout Letter
'I'lic solicitation for qualifications and the service agreements must contain a list of'p,(�Jects, including this grant project, per A.R.S. 34 -Chapter 6.
Page 19 of 267