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Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 1 of 22
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”) and the City of Glendale, 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 Apron, Rehabilitate Reconstruct South Apron
Phase 1 (the “Project”), for the improvement of the Glendale Municipal Airport (the “Airport”).
WITNESSETH
Recitals:
1) The Sponsor desires, in accordance with the authority granted by Arizona Revised Statutes (A.R.S.) Section 28-8413,
funds from the State for the purpose of airport planning and/or development.
2) The Arizona State Transportation Board, as approved on July 9, 2021 and the Director of the Arizona Department of
Transportation, in accordance with the authority granted by Sections 28-304, 28-363, and 28-401 and A.R.S. Title 28,
Chapter 25, have authorized reimbursement to the Sponsor of funds expended for airport planning and/or
development.
Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties
herein to be kept and performed, the parties agree as follows:
Sponsor’s Responsibility
1) The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: April 27, 2022.
This Grant offer, if not accepted by the Sponsor, shall expire at the end of the 4-month period.
2) The Sponsor shall commence the Project within 6 months 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 maintain competent supervision to complete the Project in conformance with the plans, specifications and work
completion schedule incorporated as part of this Agreement.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 2 of 22
3) The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached
hereto, as Exhibit C, Schedules 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 minimum funding participation from the Sponsor shall be $207,000.00 (10%) as determined by the State.
2) The maximum reimbursement available from the State to the Sponsor for this Agreement shall be $1,863,000.00
3) Except as otherwise provided herein for the State’s obligation to provide funds hereunder expires upon completion
of the project required herein or April 27, 2026, whichever is earlier.
4) The State may, after agreeing to provide said funds 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 executed by the
State or has not progressed as scheduled over a period of 12 months or if the State determines that Sponsor is not
otherwise complying with the terms of this Agreement. If it becomes necessary to terminate a grant at any time,
the State will reimburse expenses of the Sponsor, approved by the State, up to the time of notification of
cancellation provided Sponsor is not in default hereunder.
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) Notwithstanding anything to the contrary herein, 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 38-511 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 July 1, 2021 shall be considered eligible for
reimbursement provided that said costs are directly related to the Project on which this Agreement is written. The State
shall review related records and determine eligibility at its sole discretion.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 3 of 22
Part II
The Sponsor shall approve and attach to this agreement a resolution, or Motion, or Board Action 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 Project.
2) The Sponsor now has on deposit, or is in a position to secure two hundred seven thousand dollars ($207000.00), 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:
_____________City of Glendale – Airport CIP Fund________
(Enter local funding type and location)
3) The Sponsor hereby designates ___Sharon Broderius____________________Senior Accountant__
Name Title
to receive payments representing the State’s share of project costs.
_____________________________________________
______Airport Administrator____________________
Signature of Sponsor’s Representative
Title of Representative
4) The Sponsor has on file with ADOT the following vendor identification and address for project payments:
Sponsor Vendor Id #: IV0000003854
Sponsor Vendor Address: 5850 W. Glendale Ave
Glendale, Arizona 85307
Exhibits
The following Exhibits are incorporated herewith and form a part of this Agreement.
Exhibit A - Sponsor Assurances
Exhibit B - General Provisions
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 4 of 22
Exhibit C - Specific Provisions and Project Schedules
STATE:
SPONSOR:
State of Arizona
City of Glendale
Department of Transportation
Glendale Municipal Airport
Multimodal Planning Division
By: _________________________
By: _________________________
Title: Paul Patane, Division Director
Title: _________________________
Date: _________________________
Date: _________________________
WITNESSED BY:
Signature: ________________________
Print Name: ________________________
Date: ________________________
WITNESSED BY:
Signature: ________________________
Print Name: ________________________
Date: ________________________
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 5 of 22
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 ensures 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 from the
date of acceptance of the grant offer by the Sponsor.
3) The 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 on behalf of the possible future development of an 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) That the Sponsor is the owner or lessee of the property or properties on 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 an airport lease shall be approved by
the State.
6) 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 Rights 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 the terms, conditions and assurances in
this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify
any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor.
This 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 in the property shown on the airport property map
included in the most recent FAA-approved Airport Layout Plan, or to that portion of the property upon which State
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 6 of 22
funds have been expended, for the duration of the terms, conditions, and assurances in this Agreement without
approval by the State. If 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 terms, conditions and assurances contained in this Agreement.
9) Public Hearings: In Projects involving the location of an Airport, an 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, submit a copy of such
hearings to the State.
Financial
Pursuant to A.R.S. 35-326, 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
may 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.
The Sponsor shall establish and maintain for each Project governed by this Agreement, an 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
The 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.
Airport 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 furnish the State an updated ALP of the
Airport as changes are made.
2) The Sponsor shall be required to prepare an ALP for update or revalidation in accordance with current FAA and State
standard guidelines. The ALP will indicate any deviations from FAA design standards as outlined in current FAA
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 7 of 22
Advisory Circulars, orders, or regulations. A copy of the signed/approved ALP in electronic format shall be
forwarded to the State after authentication by FAA or the State.
3) The Sponsor shall assure that there are no changes to the airport property boundaries, together with any 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 Restriction
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.
Airport Operation
1) The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by
removing, lowering, relocating, marking 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 Airport 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 not 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.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 8 of 22
c) each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals
and other charges as are uniformly applicable to all other FBOs and Air Carriers making the same or similar uses
of the Airport and utilizing the same or similar facilities.
d) each Air Carrier using 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.
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 on 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, in 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 an 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 an Airport by a
single FBO shall not be construed as an “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 an
existing agreement between a single FBO 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 conjunction 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 can be regarded
as an aeronautical activity.
7) The Sponsor shall terminate any exclusive right to conduct an aeronautical activity now existing at the Airport before
any grant of assistance from the State. However, there shall be no limit on the duration of the assurances regarding
Exclusive Rights and Airport Revenue so long as the Airport is used as an Airport. There shall be no limit on the
duration of the terms, conditions, and assurances with respect to real property acquired with State funds.
8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented an effective pavement
preservation management program at the Airport in accordance with Public Law 103-305 and with the most 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 for the useful life of the pavement
constructed, reconstructed, or repaired with financial assistance from the State and that it will provide such reports
on pavement condition and pavement management programs as may be required by the State.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 9 of 22
Sponsor Transactions
The Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and
powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to
perform all such covenants is assumed by another public agency eligible to assume such obligations and having the
power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management
or operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers
and 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 Revenues
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, 1987), 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, on or off the Airport.
Disposal of Land
1) For land purchased under a grant for airport development purposes (it 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-sufficiency 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 any interest or right therein necessary to
ensure that such land will only be used for purposes which are compatible with noise levels associated with
operation of the Airport.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 10 of 22
EXHIBIT B
General Provisions
Employment of Consultants
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) consultant firms. If the Sponsor has contracted with or will
contract with a consultant on a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at
least three (3) consultants 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 in 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 an agent of the State may obtain the services required 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 consultant authorized to perform the work and to communicate on 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 2009-9, 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, in
accordance with A.R.S. 35-214, for the purpose of making inspections, audits, examinations, excerpts and
transcriptions.
2) All contracts shall stipulate and make clear:
a) The responsibilities of the consultant to gain authorization for changes on the Project which may have an affect
on the contract price, scope, or schedule.
b) That all construction contractors and sub-contractors hired to perform services, shall be in compliance with A.R.S.
32, 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. That these items shall be made available to the public. The
Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the
patent or copyright to anyone else.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 11 of 22
d) That any travel shall be reimbursable by the State only within the rules and costs in accordance with the State of
Arizona Travel Policy.
3) Liability of Subcontractors
1) It shall be the responsibility of the Sponsor to ensure through contractual agreement that any independent
contractor, subcontractors, or sub consultants utilized by the Sponsor, defend, indemnify, save, and hold
harmless the State and any of their departments, divisions, agencies, officers, or employees who may be
obligated to pay by reason of any liability imposed upon any of the above for damages arising out of any error,
negligence, omissions, or act of the independent contractor, subcontractor, or sub consultant.
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 Administrative Code R4-30-301. In addition, a conflict of interest shall be cause for
disqualifying a consultant from consideration; or terminating 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 an 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
1) Reimbursement Requirements
a). The Sponsor shall submit quarterly Grant Reimbursement Requests (GRR’s) to the Aeronautics Grant
Manager after the date of the grant agreement has been signed by both Sponsor and State.
b). The Sponsor shall prepare quarterly (GRR) forms with the appropriate invoices attached which clearly
indicate the project’s progress to date and the amount of reimbursement due by virtue of that progress. All
GRR’s for payment shall be for work completed unless otherwise agreed to by State.
(i). The State has the right to withhold reimbursement payments if the Sponsor does not fill out the
State GRR form correctly. If the State does decide to withhold payments to the Sponsor for any reason,
it must provide written notification and an explanation to the Sponsor within ten (10) days of the date of
the invoice submitted.
c). The State has the right to suspend any current or future grants should the Sponsor neglect to make a grant
reimbursement request after 180 days as stated on the Projected Reimbursement Requests / State Cash
Flow section of the grant agreement under Exhibit C, Schedule 2.
d). An Airport may be awarded a pavement management agreement through the State’s Airport Pavement
Management System (APMS Program). Sponsors receiving APMS treatment will be responsible for 10% of the
eligible construction cost. Outstanding balances after final costs reconciliation shall be paid to the State upon
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 12 of 22
written notice. Any unpaid balance by the Sponsor can result in suspension of participation in the State’s Airport
Pavement Management System and State/Local Grants.
2) The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design,
and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished
in 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.
Changes
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 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 amount of funds authorized hereunder, to the expiration date of this
agreement, or to the scope of work included in this agreement must be by formal amendment and signed by all parties.
Any changes to the contract documents, authorized by the Sponsor, must be approved by the State prior to any changes
being made to be eligible for reimbursement.
Audit
Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination may be a
separate 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 in connection with which the grant is given or used, and the
amount 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 in which an independent audit is made of the accounts of a Sponsor relating to the disposition of the
proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified
copied of such audit with the State not later than six (6) months following the close of the fiscal year in which the audit
was made.
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.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 13 of 22
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. The State shall not reimburse any costs incurred
after the date of termination.
Termination for Convenience
When the continuation 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 hereunder, the State may terminate this Agreement.
In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall
mutually agree upon 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 have 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.
Waiver 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 on account of any violation that continues or
repeats.
Compliance with Laws
The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances, policies, advisory
circulars, and decrees that are applicable to the performance hereunder.
Arbitration
In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12-1518.
Jurisdiction
Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of
competent jurisdiction within Maricopa County, State of Arizona.
Excess of Payments
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 reimbursement 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
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 14 of 22
At any time and/or prior to final payment of funds for work performed under this Agreement, the State may perform an
inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the
Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or any
provisions of Agreements between the Sponsor and the Sponsor's contractor and/or consultant.
Indemnification
The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to
third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the
performance 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 may suffer as a result of claims, demands, costs or judgments of any
character arising out of the performance or non-performance of the Sponsor or its independent contractors in carrying
out any provisions of this Agreement. In the event of any action, this indemnification shall include, but not be limited 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 amended to
make such insertion or correction.
Property of the Sponsor and State
Any 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 may 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 an electronic copy, in a format
useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning
documents, and/or other published materials as produced because of this project.
Title VI List of Pertinent Nondiscrimination Authorities
During the performance of this Agreement, the Sponsor, for itself, its assignees, and successors in interest (hereinafter
referred to as the “Sponsor”) agrees to comply with the following non-discrimination statutes and authorities, including
but not limited to:
1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
2) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation –
Effectuation of Title VI of The Civil Rights Act of 1964);
3) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 15 of 22
4) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination
based on disability); and 49 CFR part 27.
5) The Age Discrimination Act of 1975, as amended, (42 U.S. C. § 6101 et seq.), (prohibits discrimination based
on age).
6) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex).
7) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage, and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms “programs of activities” to include all
the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such
programs or activities are Federally funded or not).
8) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination based on
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38.
9) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C § 47123) (prohibits
discrimination based on race, color, national origin, and sex).
10) Executive Order 12898, Federal Actions to Address Environmental justice in Minority Populations and Low-
Income Populations, which ensures discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations.
11) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin, discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100).
12) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discrimination
because of sex in education programs or activities (20 U.S.C 1681 et. Seq.).
13) All parties shall comply with all applicable federal, state, county, cities, and local laws, rules, regulations, and
assurances in addition to all applicable provisions of Title 14 (Aeronautics and Space Chapter 1 – Federal
Aviation Administration, Department of Transportation) and Title 49 (United States Department of
Transportation) and other applicable Codes of Federal Regulations where and when relevant.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 16 of 22
EXHIBIT C
Specific Provisions and Project Schedules
Provisions for Design/Construction
Financial Cost Categories
The Sponsor shall segregate and group project costs in categories as follows:
1) “Design/Engineering Services” (as applicable), including topographic surveys/mapping, 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, construction staking/as-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. The 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. The
State shall issue an approval to proceed with final design upon satisfactory completion of the 30% review. The State
shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review.
Upon State approval, the Sponsor may proceed to advertising if construction is included in the scope of the Project or
must close the Project and submit a final grant reimbursement 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 to be eligible for reimbursement by the State.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 17 of 22
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 an FAA Form 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, 2 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.
Based on Bids
If a Sponsor has requested a match to a federal construction grant that was based on 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 done 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 unknown, unforeseen circumstances 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 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 an 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 items in a construction contract.
Itemized Allowance
Use of an itemized allowance items may only be included in a contract with prior approval of the State. Any 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 on plans to be selected by Sponsor, or carpet allowance –
industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance item must be approved by
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 18 of 22
the State in order to be included in the bid package. The State will not approve use of an item to cover expenses not
directly related to the item. (For example: Left over funds from 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 may 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 conforms 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 documentation on any Project contained in an
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 items, the locations of changed work, the quantities, and costs of changed work, and the time required for
the change. Justification for the change must 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. The
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 document(s) (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 under 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 documentation for reimbursement. Final reimbursements
will not be made until all documentation is received by the State.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 19 of 22
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
submit a revised Schedule to the State for approval.
Schedule One
Design/Construction Project Description and Funding Allocation
Detailed Project Description:
Apron, Rehabilitate Reconstruct South Apron Phase 1
Project Cost Category
Total
Estimated
Project Cost
Estimated
Local Share
Estimated
Federal Share
Estimated
State Share*
Design/Engineering Services
$247454.00
$24745.00
$0
$222709.00
Construction
$1546179.00
$154617.00
$0
$1391562.00
Construction Engineering
$266367.00
$26637
$0
$239730.00
Sponsor Administration**
$10000.00
$1000.00
$0
$9000.00
Sponsor Force Account Work***
$
$
$0
$
Contingencies
$
$
$0
$
Total Project Costs
$2070000.00
$207000
$0
$1863000.00
*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 plan based upon the ALP that clearly shows the
scope and the limits of the work.
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 20 of 22
Schedule Two
Design/Construction Project Reimbursement Schedule
The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State grant 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) Continue the process by entering a Zero (Ø) in the month/year for which no reimbursement is anticipated and/or a
dollar amount of the reimbursement, until the total State funds are accounted for in the cash flow.
Total State Funds: $1,863,000.00
Projected Reimbursement Requests / State Cash Flow
Calendar
Year
Jan
Feb
Mar
Apr
May
Jun
2022
$
$
$
$
$
$
2023
$40,000
$22,708
$5,000
$2,000
$
$
2024
$
$
$
$
$
$
2025
$
$
$
$
$
$
2026
$
$
$
$
$
$
Calendar
Year
Jul
Aug
Sep
Oct
Nov
Dec
2022
$
$10,000
$30,000
$40,000
$40,000
$40,000
2023
$50,000
$500,000
$500,000
$300,000
$200,000
$83,292
2024
$
$
$
$
$
$
2025
$
$
$
$
$
$
2026
$
$
$
$
$
$
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 21 of 22
Grants expire 4 years from the date of the grant offer. The Sponsor shall schedule the work to be
completed within the 4 years.
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 (in
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.
1) 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.
Design/Construction Milestone Schedule
Grant Number E2S5N 01C
CITY OF GLENDALE
Glendale Municipal Airport
Page 22 of 22
Milestones
Duration
# Of Days
Start Date
Completion Date
Proposed
Actual
Proposed
Actual
Consultant Selection Phase
Submit Scope for State Review/Approval*
1
5.9.22
5.9.22
Submit Contract for State Review/Approval
1
5.9.22
5.9.22
Award Consultant Contract
1
6.8.22
6.8.22
Design & Engineering Phase
Sponsor Issue Notice to Proceed/Start Design
90
7.1.22
9.30.22
Conduct 30% Design Review/Approval
14
10.1.22
10.15.22
Conduct Final Design Review/Bid Set Submitted (100%) for Review/Approval
120
10.16.22
2.15.23
Bidding Phase
Bid Set Submitted (100%) for Review/Approval
14
2.16.23
3.2.23
Issue Invitation for Bids
30
3.3.23
4.3.23
Submit Bid Tab for State Review/Approval
14
4.10.23
4.24.23
Award Construction Contract/Submit to the State
1
5.1.23
5.1.23
Construction Phase
Pre-Construction Meeting
1
6.15.23
6.15.23
Issue NTP – Begin Construction
90
6.21.23
9.20.23
Final Inspection
1
10.20.23
10.20.23
Submit As-Builts & Final Documentation
1
12.15.23
12.15.23
Submit Final Reimbursement Request and Sponsor Closeout Letter
1
12.15.23
12.15.23
* The solicitation for qualifications and the service agreements must contain a list of projects, including this grant project, per A.R.S.
34-Chapter 6.