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HomeMy WebLinkAbout2017-075 IGA - Dept of Aviation - Airport Pavement Misc. Contracts and Agreements No. 32147 INTERGOVERNMENTAL AGREEMENT Ashland Municipal Airport 2017 Statewide Airport Pavement Maintenance Program No Local Match -PMP ODA ORV FAA Entitlement Funds Only THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Aviation, hereinafter referred to as "State," and City of Ashland acting by and through its elected officials, hereinafter referred to as "Airport Sponsor," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies may enter into agreements with units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 2. Ashland Municipal Airport is a public use airport owned and operated by City of Ashland. 3. ORS 836.072 provides State the authority to establish and fund a program to maintain and preserve the pavements used for runways, taxiways, and aircraft parking areas at public use airports in this state. 4. The Statewide Airport Pavement Maintenance Program (PMP) is astate-funded program to assist airports in undertaking pavement maintenance needed for the following reasons: a. To address stop gap maintenance projects for safety reasons. b. There is limited or no funding available at many smaller airports to address pavement maintenance. c. Pavement preventive maintenance is the most cost-effective means to helping preserve the system's airports pavements. 5. The PMP protects Oregon's airport investments by preserving airport pavement consistent with the goals of the 2007 Oregon Aviation Plan and funds pavement preventive maintenance projects, including crack sealing, patching and fog seals. 6. Ashland Municipal Airport is identified by the 2007 Oregon Aviation Plan as a Category III airport. These airports support a wide range of general aviation users for large service areas in outlying areas of Oregon. Many also accommodate seasonal regional fire response activities. 7. Airport Sponsor or its controlling jurisdiction has established airport overlay zoning as required per Oregon Administrative Rule (OAR) Chapter 660, Division 013, State/Airport Sponsor Agreement No. 32147 Airport Planning. If OAR 660-013 has not yet been implemented, Airport Sponsor or its controlling jurisdiction must provide an action plan to establish compliance within the next three (3) years to remain eligible for the PMP. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Airport Sponsor agree that State or its contractor shall perform pavement maintenance work at Ashland Municipal Airport, described in Exhibit A, hereinafter referred to as "Project." Project description and budget are further described in Exhibit A. 2. Project cost is estimated at $200,051.58 in state PMP and FAA entitlement funds, which is subject to change. The state PMP funds are estimated at $180,046.42. For this specific project the Airport Sponsor has no local match contribution. The current ODA ORV FAA entitlement funds shall contribute ten percent (10%} in FAA entitlement funds for this project, estimated at $20,005.16 toward the total Project cost. 3. For this Project, the required contribution of matching funds is provided by an FAA Non-Primary Airport Entitlement grant and ODA hereby agrees to draw down those funds in lieu of an entitlement transfer directly from the participating sponsor, as provided in State Obligations, Paragraph 6 of this Agreement, ODA ORV entitlement funds will be used. The State confirms that the current FAA grant funds in the ORV entitlement balance will be sufficient to fund the entire matching obligation and no local Airport Sponsor funds need to be contributed. 4. This term of this Agreement is effective on the date all required signatures are obtained and shall terminate upon completion of the Project. AIRPORT SPONSOR OBLIGATIONS 1. In consideration for receipt of program funds, Airport Sponsor agrees to keep the airport open for public use for a minimum of twenty (20) years from the date of this Agreement. If this condition is not met, Airport Sponsor shall immediately reimburse all State funds used on Project to State. The amount reimbursed shall be the total amount of State funds divided by twenty (20), times the difference between twenty (20) and the number of years that the Airport remained open to the public after the funds were distributed. 2. The Project shall not provide pavement maintenance for any areas of the Airport that are private or exclusive use areas. 3. Airport Sponsor shall communicate through State with State's contractor regarding contract administration and scope of the Project. Page 2 of 8 State/Airport Sponsor Agreement No. 32147 4. Airport Sponsor agrees that, if problems with State's contractor arise during construction, it shall communicate these concerns to State, which shall be responsible for resolving these concerns. 5. Airport Sponsor shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 2796.220, 2796.225, 2796.230, 2796.235 and 2796.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Airport Sponsor expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 6. Airport Sponsor representative shall be available on arrival of State's contractor work crews to meet with Project inspector to review work to be completed and to ensure appropriate NOTAMs (Notice to Airmen) have been issued prior to commencement of work. 7. Airport Sponsor acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Airport Sponsor which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after completion of Project. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 8. Airport Sponsor certifies and represents that the individuals} signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Airport Sponsor, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Airport Sponsor. 9. Airport Sponsor's Project Manager for this Project is Scott Fleury, City of Ashland, 20 E Main St., Ashland, OR 97520 assigned designee upon individual's absence. Airport Sponsor shall notify the other Party in writing of any contact information changes during the term ofthis Agreement. STATE OBLIGATIONS 1. State shall develop all contract specifications and bid documents for the Project. 2. State shall negotiate with a selected engineer for a contract with State that includes the required price and services necessary to complete the Project. 3. State shall advertise for construction bids and intends to award a construction contract with State based on the lowest responsible bid received. Page 3 of 8 State/Airport Sponsor Agreement No. 32147 4. State or its contractor shall design and construct the Project in accordance with applicable FAA and State design standards and regulations. 5. State's contracted engineer shall inspect Project to ensure conformity with specifications and to verify quantities for contract payments. 6. State shall draw down from ODA ORV FAA Non-Primary Account to obtain Airport Sponsor's local matching funds based on initial and final construction and engineering costs. State PMP Program shall pay the remainder of the construction and engineering costs required under the contract. 7. State's Project Manager for this Project is Heather Peck, Aviation Program Manager, ODA - 3040 25th Street SE, Salem, OR 97302, 503-378-3168, heather.peck@aviation.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both Parties. 2. State may terminate this Agreement effective upon delivery of written notice to Airport Sponsor, or at such later date as may be established by State under any of the following conditions: a. If State fails to receive state and/or FAA funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. b. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 3. Any termination of this agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Airport Sponsor with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and Page 4 of 8 State/Airport Sponsor Agreement No. 32147 settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Airport Sponsor (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Airport Sponsor in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Airport Sponsor on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Airport Sponsor on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Airport Sponsor is jointly liable with State (or would be if joined in the Third Party Claim), Airport Sponsor shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Airport Sponsor on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Airport Sponsor on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Airport Sponsor's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. State and Airport Sponsor hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provisions held to be invalid. 8. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. Page 5 of 8 State/Airport Sponsor Agreement No. 32147 9. This Agreement, and attached exhibit constitute the entire Agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. Page 6 of 8 State/Airport Sponsor Agreement No. 32147 THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. The Director of the Department of Aviation or his designee is authorized to act on behalf of State in approving and executing this Agreement. City of Ashland by and through its elected STATE OF OREGON, by and through its officials Oregon Department of Aviation By By Director of Aviation Title Date By Title State Contact: Date Heather Peck, Aviation Program Manager Oregon Department ofAviation Airport Sponsor Contact: 3040 25th Street SE Scott Fleury Salem, OR 97302 City of Ashland 503-378-3168 20 E Main St. heather.peck@aviation.state.or.us Ashland, OR 97520 (541)-552-2416 fleurys@ashland.or.us APPROVED AS TO LEGAL SUFFICIENCY By Lucinda Jackson via Email Department of Justice Date 5/31/17 AP V D A5 TO FORM Ashland t. C' Attorrroy Dat ~ ~ ~ / Page 7 of 8 State/Airport Sponsor Agreement No. 32147 Exhibit A Pavement Maintenance Program - 2017 Oregon Department of Aviation Eastern Airports -Schedule A: Ashland Municipal Program Eligible Work (ODA funded with Local Match) No. Bid Item Quantity Unit Unit Price Extended Price Al Mobilization 1 LS $ 5,000.00 $ 5,000.00 A2 Crack Sealing 2,831 LF $ 1.25 $ 3,538.75 A3 Joint Repair 47 LF $ 25.00 $ 1,175.00 A4 AC Patching 1,582 SF $ 20.00 $ 31,640.00 A5 Remove Existing Markings 6,121 SF $ 1.25 $ 7,651.25 A6 Pavement Marking 7,261 SF $ 1.00 $ 7,261.00 A7 Surface Preparation 1 LS $ 2,500.00 $ 2,500.00 As Slurry Seal, Type 1 30,468 SY $ 2.50 $ 76,170.00 Subtotal $ 134,936.00 Contingency -allow 10% 1 LS $ 13,493.60 $ 13,493.60 Engineering 1 LS $ 51,621.98 $ 51,621.98 Total $ 200,051.58 Airport Sponsor Funded Work (100% Local Funds) 10% Match $ 20,005.16 No. Bid Item Quantity Unit Unit Price Extended Price --No Sponsor Funded Work Elected-- Subtotal $ - Contingency -allow 10% 1 LS $ - $ - Engineering 1 LS $ - $ - Total $ - 100% Match $ Project Summary of Sponsor Costs Type of Work Total Cost Program Eligible Work $ 20,005.16 Airport Sponsor Funded Work $ - Total S onsor Costs $ 20 005.16 Qualifier: This Exhibit is the Engineer's opinion of probable cost for the subject project at completion of Final Design. It will be updated at the following milestones: Bid Results (post bid) and Contract completion (post-construction). Until contract completion, it is only an estimate. Page 8 of 8 STATE SPONSORSHIP AGREEMENT (reference FAA Appendix form) DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRTION CONSENT FOR STATE SPONSORSHIP AND STATEMENT OF AIRPORT SPONSOR'S OBLIGATION Ashland Municipal Airport Airport Ashland/Jackson County Associated City/County In accordance with Title 49 of the United States Code (U.S.C.), section 47I05(a)(1)(b). City of Ashland Name of Airport Sponsor herein called the "Airport Sponsor", hereby consents to project sponsorship by the STATE OF OREGON. OREGON DEPARTMENT OF AVIATION Name of State Agency for a project at the above airport and associated citylcounty described as follows: Project description: 2017 PMP Rehabilitate apron, taxiway pavement, including crack sealing, patching and sealing. Airport Sponsor also assures and certifies that it will comply with all terms, conditions, and assurances contained in project application submitted to the Federal Aviation Administration, copy of the project application assurances and grant agreement conditions is attached and made part of this consent for State sponsorship and statement of Airport Sponsor's obligations. City of Ashland Name of Airport Sponsor BY TITLE DATE CERTIFICATE OF AIRPORT SPONSOR'S ATTORNEY Acting as Attorney for Airport Sponsor, I do certify that I have examined the foregoing agreement and find that the execution by said Airport Sponsor has been duly authorized and is in all respects due and proper in accordance with the laws of the State of Oregon, and that in my opinion said State Sponsorship Agreement constitutes a legal and binding obligation of the Airport Sponsor in accordance with the terms thereof. FOR: City of Ashland Name of Airport Sponsor BY: TITLE DATE: Completed and signed attachments: Attachment 1 Airport Improvement Program Projects Attachment 2 Standard DOT Title VI Assurances Attachment 3 Contractor Contractual Requirements (No Signature Required) Attachment 4 Clauses for deeds, licenses, leases, permits or similar instruments (No Signature Required) Attachment 5 Certification for Contracts, Grants, Loans, and Cooperative Agreements Attachment 6 Certification Regarding Drug-Free Workplace Requirements Attachment 7Airport Sponsor Assurances (No signature Required) Page ~ 1 Attachment 1 Ashland Municipal Airport REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Ashland Municipal Airport LOCATION Ashland, Oregon AIP PROJECT NO.: AIP 3-41-4100-033 STATEMENTS APPLICABLE TO THIS PROJECT: ❑ a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport) Ashland Municipal Airport. ❑ b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local j urisdiction. ❑ c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) Ashland Municipal Airport, and they have been informed regarding the scope and nature of this project. ❑ d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: DATE: TITLE: SPONSORING AGENCY: NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. Page ~ 2 Attachment 2 Ashland Municipal Airport STANDARD DOT TITLE VI ASSURANCES City of Ashland(hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004 et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department ofTransportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor 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 structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page ~ 3 Attachment 2 Asn'and Municipal Airport 8. It agrees that the United States has a right to seek j udicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED City of Ashland (Sponsor) (Signature of Authorized Official) Page ~ 4 Attachment 3 Ashland Municipal Airport CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, 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 subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 2 LS of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination onthe grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall 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 (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs l through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Page ~ 5 Attachment 4 Ashland Municipal Airport CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations maybe amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Page ~ 6 Attachment 6 ~ Ashland Municipal Airport CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date Sponsor's Authorized Representative Title Page ~ 7 Attachment 6 _ Ashland Municipal Airport _ ~ u ~ CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy ofmaintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page ~ 8 } Attachment 6 ~ Ashland Municipal Airport (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (fl, B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 403 Dead Indian Memorial Rd Ashland, OR 97520 Jackson County Check ❑ if there are workplaces on file that are not identified here. Signature of certifying official Title Date Page ~ 9