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2020-2a020-.� EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE BLAIR AIRPORT AUTHORITY OF BLAIR, NEBRASKA, SPONSOR OF BLAIR MUNICIPAL AIRPORT, HELD ON APRIL 21, 2020. The following resolution was introduced by Geary Combs, motioned for adoption by Board member Dan Hunt, seconded by Board member Dave Johnson and considered: RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A STATE GRANT AGREEMENT FOR PROJECT NO. BTA SA-08, TO BE SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION, AERONAUTICS DIVISION, OF THE STATE OF NEBRASKA TO OBTAIN STATE FINANCIAL AID IN THE DEVELOPMENT OF THE BLAIR MUNICIPAL AIRPORT AND THE AWARD OF THE CONSTRUCTION CONTRACT FOR SAID PROJECT. Be it resolved by the Chairman and Secretary of the Blair Airport Authority of Blair, Nebraska, that: I . The Blair Airport Authority shall enter into a State Grant Agreement with the Nebraska Department of Transportation, Aeronautics Division for Project No. BTA SA-08 for the purpose of obtaining state financial aid in the development of the Blair Municipal Airport and that such agreement shall be as set forth hereinbelow. 2. The Chairman of the Blair Airport Authority is hereby authorized and directed to execute said State Grant Agreement on behalf of the Blair Airport Authority, and the Airport Manager is hereby authorized and directed to attest said execution. 3. The said agreement referred to herein above is inserted in full and attached herewith, and made a part hereof as Exhibit "O". Further be it resolved that the Blair Airport Authority hereby awards the contract for the construction of the taxiway extension to the lowest responsible bidder, Midwest DCM in an amount of $109,674 and the Chairman of the Airport Authority is hereby authorized and directed to execute said construction contract on behalf of the Blair Airport Authority, and the Airport Manager is hereby authorized and directed to attest said execution. Upon calling for a vote on Resolution No. 2020-2, Board Members Geary Combs, Loren Havekost, Dan Hunt and Dave John voted Yea, Board Members none voted Nay, and Board Member Marc Gengenbach Abstained. ATTEST: Secretary Ch 'r uan PROJECT NO. BTA SA-08 This is an agreement by and between the Nebraska Department of Transportation, Division of Aeronautics (NDOT), hereinafter referred to as the "Division" and the Blair Airport Authority, Blair, Nebraska, hereinafter referred to as the "Sponsor." RECITALS The Sponsor has title to or control of the Blair Municipal Airport and wants to develop or improve it. The Division agrees to help the Sponsor with the following development: Extension of Taxilane for Additional Hangars A summary of eligible project costs is attached to this agreement for reference as Exhibit B. AGREEMENT In consideration of these facts and the mutual covenants contained herein, the Division and Sponsor agree as follows: The Sponsor agrees that all developments listed above will be completed and will comply with the approved airport layout plan and the approved construction plans and specifications, as applicable. No development item shall be omitted or added without specific approval from the Division. If the work is contracted by the Sponsor, bids shall be taken as required by law, and submitted to the Division for review prior to contract award. The Division agrees to reimburse the Sponsor for ninety (90) percent of the actual eligible costs incurred to complete this development, up to a maximum of $152,190 in state funds. "Eligible Costs" are defined as those necessary for this development and approved by the Division. In the reimbursement to the Sponsor for work performed and material furnished, the Division agrees to honor approved progress estimates processed during the course of the construction. Upon presentation of the final billings and estimates for the work completed by the Sponsor to the satisfaction of the Division, the Division agrees to reimburse the Sponsor in an amount based upon the actual incurred eligible costs of the improvements set forth in the above noted scope of development, the attached Exhibit B, the approved plans and any approved change orders. The total reimbursement shall not exceed the amount set forth above. r:\DATA\engr\State Grant\State Grant Agreement11/03 CONDITIONS The terms and conditions of this agreement shall remain in effect for twenty (20) years from the date of execution by the Sponsor. If the development is land or easement acquisition, then the terms and conditions shall remain in effect for as long as the Sponsor owns this land or easement. The Sponsor will not sell, lease, encumber or otherwise dispose of airport real property, acquired with grant money from the Division, without the Division's approval. l . The Sponsor will comply with the Division's State Aid Program (current version on date of execution) and all applicable laws and regulations. 2. The Sponsor will complete the project without undue delay. The project shall be subject to the Division's inspection. 3. The Sponsor will operate and maintain the airport as a public use facility in a safe and serviceable condition, and will not permit any activity thereon that would interfere with its use for aeronautical purposes. The sponsor is not required to operate the airport during temporary periods when snow, flood or other climatic conditions interfere. The Sponsor will comply with the minimum standards of maintenance and operation set by the Division and the Federal Aviation Administration. 4. The Sponsor will make this airport available as a public use airport on fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical uses. In its operation of the airport, the Sponsor or any person or organization occupying space or facilities thereon will not discriminate against any person or class of persons because of race, color, religion, national origin, sex, handicap or age and will not discriminate against any employee or applicant for employment based on race, color, religion, sex, age or otherwise qualified handicapped status. The Sponsor will insert and enforce provisions in any contract or other arrangement that grants a right or privilege to any person, firm or corporation to engage in any activity for furnishing services to the public at the airport. These provisions will require the contractor to: Furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and, b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or service. However, it is allowable for the contractor to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 6. The Sponsor will not grant or permit any person, firm or corporation an exclusive right: a. to use the airport to provide aeronautical services to the public; nor F.\DATA\engr\State Grant\State Grant Agreement11/03 2 b. to conduct any aeronautical activities, including but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts, or any other aeronautical activity. However, the Sponsor may grant or exercise an exclusive right for furnishing non -aviation products and supplies or any non -aeronautical service. 7. The Sponsor will submit all leases, permits, and agreements for the airport to the Division upon request. The Division may withhold 20% of payments due the Sponsor until all leases, permits and agreements are acceptable to the Division. The Sponsor will provide a drug -free workplace at the site of work specified in this agreement. 9. The Sponsor will take appropriate action to ensure that the airspace required for airport operations will be adequately cleared and protected. The Sponsor agrees, to the best of its ability, to prevent construction, erection, alteration or growth of any object within or outside the boundaries of the airport which would create a hazard to aircraft operating at or near the airport or otherwise limit the usefulness of the airport. Appropriate actions may include removing, lowering, relocating, marking, lighting or otherwise mitigating existing airport hazards and preventing the establishment or creation of future airport hazards. The Sponsor will, to the best of its ability, arrange for height restriction zoning of the area around the airport as allowed under Nebraska Statutes. 10. The Sponsor will keep a current airport layout plan that has the approval of the Division or the Federal Aviation Administration. The Sponsor will ensure that future development on the airport conforms to this plan. 11. The Sponsor will not enter into any transaction that would operate to deprive it, or any legal successor, of the rights and powers necessary to comply with any or all of the covenants made herein. 12. During the term of these covenants, the Sponsor will maintain a current system of airport accounts and records, using a system of its own choice sufficient to provide annual statements of income and expense. It will furnish the Division with such annual or special airport financial and operational reports as may be reasonably requested. 13. If this airport ceases be a public -use airport before the applicable time period has expired, or if any other covenants of this agreement are substantially violated without the Division's approval, the Sponsor will reimburse the Division as follows: f:\DATA\engr\State Grant\State Grant Agreement11/03 a. For any monies granted under this contract for any purpose other than land acquisition, the amount due the Division shall be: Years remaining_ X Amount of Div.'s money granted. 10 or 20 years, as appropriate b. For any monies granted for land acquisition under this contract, the amount due the Division shall be: Market value of the land X Percent of reimbursement listed on page one of this contract. 14. The Sponsor agrees to reimburse the Division for its cost of furnishing services for this project. This includes but is not limited to the services listed on the attached Exhibit A, "Services" and "Schedule of Unit Charges." This Exhibit A is subject to change upon notification in writing by the Division to the Sponsor. IN WITNESS WHEREOF, the Division and Sponsor have authorized these presents to be executed by their proper officials, as of the dates shown below. Executed by the Nebraska Department of Transportation, Division of Aeronautics (NDOT) this 20th day of April, 2020. Witne s Executed by the,Bjair Airport Authority this N J 3 y Secretary' fA\DATA\engr\State Grant\State Grant Agreement) 1/03 f day of20. Director 'irperson f 0 EXHIBIT A STATE GRANT AGREEMENT SERVICES 1. Review, prepare and/or assist with grant applications. 2. Attend airport site and design (plan -in -hand) inspections, as appropriate. 3. Review consultant agreements, technical reports, plans, and contract documents. 4. Review and process award of contracts, change orders, construction reports, supplemental agreements, force account agreements, and/or other agreements. 5. Attend design, preconstruction, and/or other conferences, as appropriate. 6. Review progress estimates, invoices and other evidence of project costs. 7. Conduct periodic and/or final inspections, if deemed necessary. SCHEDULE OF UNIT CHARGES A. Charges will be the monthly rate worked times an overhead/benefits factor for the following positions: Engineer VI Engineer Associate* (all) Engineer V Engineering Aide* (all) Engineer IV Accountant* (all) Engineer III Accounting Clerk* Engineer II* Attorney (all) Engineer I* Drafter* (all) The overhead/benefits factor will be determined annually based on an audit performed in accordance with OMB Circular A87, "Cost Principles for State, Local and Indian Tribal Governments". * Employees in these positions receive time and one half for time worked over 40 hours per week. B. Living Costs and Outside Expenses. Actual. Charges will be meals, lodging, telephone calls, etc., normally paid by the Division. C. Materials, Supplies, & Rental Equipment. Actual. Charges will be made in accordance with invoices, billings, contracts or agreements. D. Transportation. Actual. Charges will be those established by Division policy for all users for operating a state automobile and using a state aircraft. Exhibit A EXHIBIT B BLAIR MUNICIPAL AIRPORT PROJECT NO. BTA SA-08 SUMMARY OF PROJECT COSTS APRIL 16, 2020 Engineering Olsson $29,400.00 Construction Midwest DCM $109,674.00 Administration NDOT Aeronautics $2,000.00 Contingencies $28,026.00 TOTAL $169,100.00 SUMMARY OF FUNDS STATE LOCAL FEDERAL TOTAL $152,190 $16,910 $0 $169,100 (90%) (10%) (0%) Exhibit B This is an agreement by and between the Nebraska Department of Transportation, Division of Aeronautics (NDOT), hereinafter referred to as the "Division" and the Blair Airport Authority, Blair, Nebraska, hereinafter referred to as the "Sponsor." The Sponsor has title to or control of the Blair Municipal Airport and wants to develop or improve it. The Division agrees to help the Sponsor with the following development: Extension of Taxilane for Additional Hangars A summary of eligible project costs is attached to this agreement for reference as Exhibit B. AGREEMENT In consideration of these facts and the mutual covenants contained herein, the Division and Sponsor agree as follows: The Sponsor agrees that all developments listed above will be completed and will comply with the approved airport layout plan and the approved construction plans and specifications, as applicable. No development item shall be omitted or added without specific approval from the Division. If the work is contracted by the Sponsor, bids shall be taken as required by law, and submitted to the Division for review prior to contract award. The Division agrees to reimburse the Sponsor for ninety (90) percent of the actual eligible costs incurred to complete this development, up to a maximum of $152,190 in state funds. "Eligible Costs" are defined as those necessary for this development and approved by the Division. In the reimbursement to the Sponsor for work performed and material furnished, the Division agrees to honor approved progress estimates processed during the course of the construction. Upon presentation of the final billings and estimates for the work completed by the Sponsor to the satisfaction of the Division, the Division agrees to reimburse the Sponsor in an amount based upon the actual incurred eligible costs of the improvements set forth in the above noted scope of development, the attached Exhibit B, the approved plans and any approved change orders. The total reimbursement shall not exceed the amount set forth above. F\DATA\engr\State Grant\State Grant Agreementl 1/03 The terms and conditions of this agreement shall remain in effect for twenty (20) years from the date of execution by the Sponsor. If the development is land or easement acquisition, then the terms and conditions shall remain in effect for as long as the Sponsor owns this land or easement. The Sponsor will not sell, lease, encumber or otherwise dispose of airport real property, acquired with grant money from the Division, without the Division's approval. The Sponsor will comply with the Division's State Aid Program (current version on date of execution) and all applicable laws and regulations. 2. The Sponsor will complete the project without undue delay. The project shall be subject to the Division's inspection. The Sponsor will operate and maintain the airport as a public use facility in a safe and serviceable condition, and will not permit any activity thereon that would interfere with its use for aeronautical purposes. The sponsor is not required to operate the airport during temporary periods when snow, flood or other climatic conditions interfere. The Sponsor will comply with the minimum standards of maintenance and operation set by the Division and the Federal Aviation Administration. 4. The Sponsor will make this airport available as a public use airport on fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical uses. In its operation of the airport, the Sponsor or any person or organization occupying space or facilities thereon will not discriminate against any person or class of persons because of race, color, religion, national origin, sex, handicap or age and will not discriminate against any employee or applicant for employment based on race, color, religion, sex, age or otherwise qualified handicapped status. The Sponsor will insert and enforce provisions in any contract or other arrangement that grants a right or privilege to any person, firm or corporation to engage in any activity for furnishing services to the public at the airport. These provisions will require the contractor to: a. Furnish said service on a fair, equal and not unjustly discriminatory basis to all users thereof, and, b. Charge fair, reasonable, and not unjustly discriminatory prices for each unit or service. However, it is allowable for the contractor to malce reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 6. The Sponsor will not grant or permit any person, firm or corporation an exclusive right: a. to use the airport to provide aeronautical services to the public; nor fADATA\engr\State Grant\State Grant Agreementl1/03 0) b. to conduct any aeronautical activities, including but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts, or any other aeronautical activity. However, the Sponsor may grant or exercise an exclusive right for furnishing non -aviation products and supplies or any non -aeronautical service. 7. The Sponsor will submit all leases, permits, and agreements for the airport to the Division upon request. The Division may withhold 20% of payments due the Sponsor until all leases, permits and agreements are acceptable to the Division. The Sponsor will provide a drug -free workplace at the site of work specified in this agreement. 9. The Sponsor will take appropriate action to ensure that the airspace required for airport operations will be adequately cleared and protected. The Sponsor agrees, to the best of its ability, to prevent construction, erection, alteration or growth of any object within or outside the boundaries of the airport which would create a hazard to aircraft operating at or near the airport or otherwise limit the usefulness of the airport. Appropriate actions may include removing, lowering, relocating, marking, lighting or otherwise mitigating existing airport hazards and preventing the establishment or creation of future airport hazards. The Sponsor will, to the best of its ability, arrange for height restriction zoning of the area around the airport as allowed under Nebraska Statutes. 10. The Sponsor will keep a current airport layout plan that has the approval of the Division or the Federal Aviation Administration, The Sponsor will ensure that future development on the airport conforms to this plan. 11. The Sponsor will not enter into any transaction that would operate to deprive it, or any legal successor, of the rights and powers necessary to comply with any or all of the covenants made herein. 12. During the term of these covenants, the Sponsor will maintain a current system of airport accounts and records, using a system of its own choice sufficient to provide annual statements of income and expense. It will fiuirish the Division with such annual or special airport financial and operational reports as may be reasonably requested. 13. If this airport ceases be a public -use airport before the applicable time period has expired, or if any other covenants of this agreement are substantially violated without the Division's approval, the Sponsor will reimburse the Division as follows: fADATA\engr\State Grant\State Grant Agreementl 1/03 M For any monies granted under this contract for any purpose other than land acquisition, the amount due the Division shall be: Years remainingX Amount of Div.'s money granted. 10 or 20 years, as appropriate For any monies granted for land acquisition under this contract, the amount due the Division shall be: Market value of the land X Percent of reimbursement listed on page one of this contract. 14. The Sponsor agrees to reimburse the Division for its cost of furnishing services for this project. This includes but is not limited to the services listed on the attached Exhibit A, "Services" and "Schedule of Unit Charges." This Exhibit A is subject to change upon notification in writing by the Division to the Sponsor. IN WITNESS WHEREOF, the Division and Sponsor have authorized these presents to be executed by their proper officials, as of the dates shown below. Executed by the Nebraska Department of Transportation, Division of Aeronautics (NDOT) this 20th day of April, 2020. a Fey"�+ Jf�✓.,. Witne s Executed by the Blair Airport Authority this /� day of ,-, , 2020. E\DATA\engr\State Grant\State Grant Agreementl 1/03 Director All,t v Chairperson 0 SERVICES 1. Review, prepare and/or assist with grant applications. 2. Attend airport site and design (plan -in -hand) inspections, as appropriate. 3. Review consultant agreements, technical reports, plans, and contract documents. 4. Review and process award of contracts, change orders, construction reports, supplemental agreements, force account agreements, and/or other agreements. 5. Attend design, preconstruction, and/or other conferences, as appropriate. 6. Review progress estimates, invoices and other evidence of project costs. 7. Conduct periodic and/or final inspections, if deemed necessary. 812 DIN NNUMN011- A. Charges will be the monthly rate worked times an overhead/benefits factor for the following positions: Engineer VI Engineer Associate* (all) Engineer V Engineering Aide* (all) Engineer IV Accountant* (all) Engineer III Accounting Clerk* Engineer II* Attorney (all) Engineer I* Drafter* (all) The overhead/benefits factor will be determined annually based on an audit performed in accordance with OMB Circular A87, "Cost Principles for State, Local and Indian Tribal Governments". * Employees in these positions receive time and one half for time worked over 40 hours per week. B. Living Costs and Outside Expenses. Actual. Charges will be meals, lodging, telephone calls, etc., normally paid by the Division. C. Materials, Supplies, & Rental Equipment. Actual. Charges will be made in accordance with invoices, billings, contracts or agreements. D. Transportation. Actual. Charges will be those established by Division policy for all users for operating a state automobile and using a state aircraft. Exhibit A BLAIR MUNICIPAL AIRPORT PROJECT NO. BTA SA-08 SUMMARY OF PROJECT COSTS APRIL 16, 2020 Engineering Olsson $29,400.00 Construction Midwest DCM $109,674.00 Administration NDOT Aeronautics $2,000.00 Contingencies $28,026.00 TOTAL $169,100.00 STATE LOCAL FEDERAL TOTAL $152,190 $16,910 $0 $169,100 (90%) (10%) (0%) Exhibit B