HomeMy Public PortalAboutAIP 3-16-0023-016 Singed Grand Offer 016 June 8U.S. Department
of Transportation
Federal Aviation
Administration
June 3, 2009
Federal Aviation Administration
Northwest Mountain Region
Mr. John Anderson
Airport Manager
McCall Municipal Airport
216 East Park Street
McCall, Idaho 83638
Dear Mr. Anderson:
Seattle Airports District Office
1601 Lind Avenue, S.W., Suite 250
Renton, Washington 98057-3356
Grant Offer for
McCall Municipal Airport; McCall, Idaho
ARRA Project Number 3-16-0023-016
Enclosed are two copies of the subject grant offer. Please note that:
a. The grant offer must be accepted by the sponsor on or before June 12,
2009.
b. The grant offer must be accepted by an official authorized by the
governing agency to do so.
c. The "Certification of Sponsor's Attorney" relates to the acceptance and,
therefore, must be made after the Sponsor's acceptance.
d. After execution is completed, please fax a copy of the grant
agreement to our office at (425) 227-1650 by no later than June 12,
2009; and, also, return an executed copy to this office by mail.
All applicable project -related requirements pertaining to environmental analysis and
approval for this grant have been met in accordance with the guidelines contained in
FAA Order 5050.4B, Airport Environmental Handbook.
If you have any questions in regard to acceptance of the grant offer, please contact your
project manager.
Sincerely,
Carol Suomi
Manager, Seattle Airports District Office
Enclosures
cc: Idaho State Department of Transportation, Aviation Division
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 13 pages
Grant Agreement
Part 1 - Offer
Date of Offer: June 3, 2009
McCall Municipal Airport
McCall, Idaho
Project Number: 3-16-0023-016
Contract Number: DOT-FA09NM-0105
Duns Number: 18-892-2611
To: City of McCall, Idaho (herein called the "Sponsor")
From: The United States of America (acting through the Federal Aviation Administration, herein called the
"FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 27, 2009, for a grant of Federal funds
for a project at or associated with the McCall Municipal Airport which Project Application, as approved by the FAA, is
hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following:
Rehabilitate Taxiway A-2, Station 10+37 to 14+50; Rehabilitate Taxiway A, Station 14+50 to
22+34; Rehabilitate Taxiway E, Station 20+22 to 23+00; Rehabilitate Taxiway E, Station 23+00
to 24+60;
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 13 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the American Economic Recovery
and Reinvestment Act of 2009, herein called "the Act," to make grants for discretionary projects as authorized by
subchapter 1 of Chapter 471 and subchapter 1 of Chapter 475 of Title 49 United States Code, as amended, and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said
Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the Project and compliance with the assurances and conditions as
herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, one hundred (100) percentum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Conditions
1 The maximum obligation of the United States payable under this Offer shall be $780,000.00. For the purposes
of any future grant amendments, subject to the availability of funds, which may increase the foregoing
maximum obligation of the United States under the provisions of the Act, and applicable provisions of Title 49,
United States Code, the following amounts are being specified for this purpose:
$ 0.00 for planning
$780,000.00 for airport development or noise program implementation
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the provisions of the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance
with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of
the United States' share will be based upon the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms
hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the
assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor.
6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
unless this Offer has been accepted by the Sponsor on or before June 12, 2009, or such subsequent date as
may be prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon
which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds"
means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other
Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of
the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order, or judgment to the Secretary. It shall furnish upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
9. Trafficking in persons:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees
may not —
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 13 pages
Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a
subreceipient that is a private entity —
Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph a.1 of this award term through conduct that is either ---
A. Associated with performance under this award; or
B. Imputed to your or the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49
CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency
may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity —
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.1 of this award term through conduct
that is either —
Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104 (g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you
make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
An individual employed by you or a subrecipient who is engaged in the performance of the
project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in -kind contribution toward cost sharing or
matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 13 pages
3. "Private entity":
Means any entity other than a State, local government, Indian tribe, or foreign public entity,
as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe at
2 CFR 175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at Section 103 of the TVPA, as amended (22 U;S.C. 7102).
Special Conditions
10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum
grant obligation of the United States exceeds the expected needs of the Sponsor the maximum obligation of
the United States can be unilaterally reduced by letter from the FAA advising of the budget change.
Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the
maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory
percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that
if, during the life of the project, the FAA determines that a change in the grant description is advantageous and
in the best interests of the United States, the change in grant description will be unilaterally amended by letter
from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is
adjusted to the amount specified or the grant description is amended to the description specified.
11. The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which shall detail the
measures and procedures to be used to comply with the quality control provisions of the construction contract,
including, but not limited to, all quality control provisions and tests required by the Federal specifications. The
program shall include as a minimum:
1. The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project, together with a description of the services to be provided.
3. Procedures for determining that testing laboratories meet the requirements of the American Society of
Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C
1077).
4. Qualifications of engineering supervision and construction inspection personnel.
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be
taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances
permitted for each type of test.
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented
daily, and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of all tests
performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall
include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and
quality control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall,
absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection
with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be
based on the type or types of required tests not performed or not documented and will be commensurate with the
proportion of applicable pavement with respect to the total pavement constructed under the grant agreement.
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 13 pages
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor test results are inaccurate.
12. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport
pavement maintenance management program as required by Airport Sponsor Assurance Number 11. The
Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with
Federal financial assistance at the airport.
ARRA Special Conditions
13. Compliance for Special Reporting Requirement
It is agreed and understood that in accepting this Grant Offer, the sponsor acknowledges and agrees that it will
provide all reports, in a format and with such frequency as determined by the FAA, for all information related to
the administration of this grant as required by Congress or any Federal agency with authority to require such
reporting including, but not limited to, that required by Section 1201, Section 1512 and Section 1609 of the
American Recovery and Reinvestment Act of 2009.
This reporting will include, but not be limited to, schedules, construction progress, project expenditures, job
creation, etc. as specified in the tables below. The Sponsor agrees to modify these tables and any other specific
reporting requirements when requested by the FAA with respect to this grant.
The Sponsor further agrees to provide the FAA with the certifications required by Sections 1201, 1511, and 1607
of the ARRA of 2009 in the format and at the time required by under the Act and related guidance issued by the
FAA or another Federal agency. The Sponsor hereby acknowledges the requirement to apply the Buy American
Preference Requirement (BAPR) (40 U.S.C. 50101) to the project(s) funded by this grant.
14. Reporting and Registration Requirements under Section 1512 of the American Recovery and
Reinvestment Act of 2009, Public Law 111-5
(a) This award requires the recipient to complete projects or activities which are funded under the American
Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report on use of Recovery Act funds
provided through this award. Information from these reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor
Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery
Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one
of the requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in Section 1512(c) using the reporting instructions
and data elements that will be provided online at www.FederalReporting.gov and ensure that any
information that is pre -filled is corrected or updated as needed.
15. Required use of American Iron, Steel, and Manufactured Goods —Section 1605 of the American Recovery
and Reinvestment Act of 2009
a) Definitions. As used in this award term and condition —
"Manufactured good" means a good brought to the construction site for incorporation into the building or
work that has been—
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of
the individual raw materials.
FAA Form 5100-37 PG 5 (10-89)
Page 6 of 13 pages
"Public building" and "public work" means a public building of, and a public work of, a governmental entity
(the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the
United States; State and local governments; and multi -State, regional, or interstate entities which have
governmental functions). These buildings and works may include, without limitation, bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy
generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings
and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b) Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment
Act of 2009 (Recovery Act)(Public Law 111-5), by requiring that all iron, steel, and manufactured goods used
in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this
term and condition.
(2) This requirement does not apply to the material listed by the Federal government as follows:
[Award official to list applicable excepted materials or indicate "none"]
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of
this term and condition if the Federal government determines that—
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of
such material will increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured goods is not produced, or manufactured in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of Section 1605 of the Recovery Act would be inconsistent with the
public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph (b)(3) of this term and condition shall include adequate information for Federal Government
evaluation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(3) of this term and condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed
cost comparison table in the format in paragraph (d) of this term and condition.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the
construction site and any applicable duty.
FAA Form 5100-37 PG 6 (10-89)
Page 7 of 13 pages
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not
reasonably foresee the need for such determination and could not have requested the determination before
the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need
not make a determination.
(2) If the Federal government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to Section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods.
When the basis for the exception is non -availability or public interest, the amended award shall reflect
adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the
award official shall adjust the award amount or redistribute budgeted funds by at least the differential
established in 2 CFR 176.110(a).
(3) Unless the Federal government determines that an exception to Section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with Section 1605 of the
American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on
unreasonable cost, the Recipient shall include the following information and any applicable supporting data
based on the survey of suppliers:
Description
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Unit of Measure
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or manufactured good
Quantity
Cost (Dollars)*
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site.]
16. Required Use of American Iron, Steel, and Manufactured Goods (covered under International
Agreements) —Section 1605 of the American Recovery and Reinvestment Act of 2009.
When awarding Recovery Act funds for construction, alteration, maintenance, or repair of a public building or
public work that involves iron, steel, and/or manufactured goods materials covered under international
agreements, the agency shall use the following award term:
(a) Definitions. As used in this award term and condition-
17. "Designated country" --
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium,
Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong,
Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, and United Kingdom;
FAA Form 5100-37 PG 7 (10-89)
Page 8 of 13 pages
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);
or
(3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium,
Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia,
Spain, Sweden, and United Kingdom.
"Designated country iron, steel, and/or manufactured goods" —
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another country, has
been substantially transformed in a designated country into a new and different manufactured good distinct from
the materials from which it was transformed.
"Domestic iron, steel, and/or manufactured good" —
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another country, has
been substantially transformed in the United States into a new and different manufactured good distinct from the
materials from which it was transformed. There is no requirement with regard to the origin of components or
subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
"Foreign iron, steel, and/or manufactured good" means iron, steel and/or manufactured good that is
not domestic or designated country iron, steel, and/or manufactured good.
"Manufactured good" means a good brought to the construction site for incorporation into the building or
work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.
"Public building" and "public work" means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the
United States; State and local governments; and multi -State, regional, or interstate entities which have
governmental functions). These buildings and works may include, without limitation, bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy
generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters,
levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b) Iron, steel, and manufactured goods.
(1) This award term and condition implements
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (Recovery
Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United
States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with
U.S. obligations under international agreements. The restrictions of Section 1605 of the Recovery Act do not
apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in Section
1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that Party the same as
FAA Form 5100-37 PG 8 (10-89)
Page 9 of 13 pages
domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000
or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4)
of this term and condition.
(3) The requirement in paragraph (b)(2) of this term and condition does not apply to the iron, steel, and
manufactured goods listed by the Federal government as follows:
[Award official to list applicable excepted materials or indicate "none"]
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this
award term and condition if the Federal government determines that—
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative
cost of such material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured goods is not produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of Section 1605 of the Recovery Act would be inconsistent with the
public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American
Act.
(1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph(b)(4) of this term and condition shall include adequate information for Federal government evaluation
of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in
accordance with paragraph (b)(4) of this term and condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed
cost comparison table in the format in paragraph (d) of this term and condition.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and
any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a
project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably
foresee the need for such determination and could not have requested the determination before the funds were
obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal government determines after funds have been obligated for a project for construction,
alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award
official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When
the basis for the exception is non -availability or public interest, the amended award shall reflect adjustment of
the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs
FAA Form 5100-37 PG 9 (10-89)
Page 10 of 13 pages
associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis
for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official
shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(a).
(3) Unless the Federal government determines that an exception to the Section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or
manufactured goods is noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on
unreasonable cost, the applicant shall include the following information and any applicable supporting data
based on the survey of suppliers:
Description
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Unit of Measure
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or manufactured good
Quantity
Cost (Dollars)*
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site.]
Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act of 2009
a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal
government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects
of a character similar in the locality as determined by the Secretary of Labor in accordance with Subchapter IV of
Chapter 31 of Title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has
issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in
29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in
that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act
shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5
(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration
or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of Section 1606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the
application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding
the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14.
FAA Form 5100-37 PG 10 (10-89)
Page 11 of 13 pages
Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for Informing Sub -recipients
(a) To maximize the transparency and accountability of funds authorized under the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5)(Recovery Act) as required by Congress and in accordance with 2
CFR 215, subpart . 21 "Uniform Administrative Requirements for Grants and Agreements" and OMB A-102
Common Rules provisions, recipients agree to maintain records that identify adequately the source and
application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of
States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This shall be accomplished by
identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate
rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying
the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC.
(c) Recipients agree to separately identify to each sub -recipient, and document at the time of sub -award
and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery
Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to
sub -recipients shall distinguish the sub -awards of incremental Recovery Act funds from regular sub -awards
under the existing program.
(d) Recipients agree to require their sub -recipients to include on their SEFA information to specifically identify
Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is
needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by
the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office.
18. It is agreed and understood that the Sponsor will have a fully executed contract in place for construction or
manufacture of the project described within 15 calendar days of the date of this Grant Offer, and further, that the
Sponsor will issue a Notice to Proceed within 30 days of the Grant Offer. The Sponsor further agrees and
understands, if a contract is not executed within 15 days, and/or Notice to Proceed is not given within 30 days of
the Grant Offer, the FAA may unilaterally cancel the grant and recover the grant funds for redistribution.
19. The FAA may unilaterally close this grant and recover the funds without prejudice if the. Sponsor does not
comply with any of these Special Conditions or other provisions of the American Recovery and Reinvestment
Act of 2009.
20. The Sponsor shall make timely payments for costs incurred (construction, engineering, etc.) and shall request
payment reimbursement or initiate ECHO drawdowns at least every 30 days as evidence of such payments.
Payment requests or drawdowns shall only be for reimbursement of work completed and shall only be required if
contractor payments have taken place in the preceding period.
21. The Sponsor is expected to take all appropriate actions necessary to promptly carry out and complete the
project no later than February 16, 2011. For purposes of this Special Condition, the term "completed" means
when the contractor or the manufacturer of equipment is finished as evidenced by the project's Final Inspection
Report.
22. It is understood and agreed that this grant can only be amended under the following circumstances:
i. With funds made available by the American Recovery and Reinvestment Act of 2009, if available.
ii. Further, it is understood and agreed that this grant cannot be amended after September 30, 2010;
ii. It is further understood that project overruns on the ARRA funded project can be funded with funds available
and in accordance with the Passenger Facility Charge program.
FAA Form 5100-37 PG 11 (10-89)
Page 12 of 13 pages
23. The airport grant recipient of the American Recovery and reinvestment Act of 2009 (ARRA) funds hereby agrees
that it will strongly encourage the prime contractor of an airport project funded with ARRA funds to post signs
identifying the project as one funded in whole or in part by ARRA funds. Airport signs should be visible to the
public using the airport, such as on the main entrance road to the Airport or Terminal. The airport signs should,
at a minimum prominently display the two recovery logos (Recovery.gov and USDOT TIGER). The signs may
may also contain text explaining that the project is funded, fully or in part, with ARRA funds. The signs should
be solely used to publicize ARRA funding of an airport project.
24. The Sponsor hereby agrees to award contracts only after determining that the proposed contractor is not listed
the General Services Administration (GSA) Excluded Parties List System available at https://www.epls.gov/.
25. The Sponsor hereby agrees to be bound by and to comply with any and all future modifications to the ARRA
funding requirements for Sponsors by the United States with respect to ARRA grants awarded prior to the date
of said modifications. This is necessary due to the expedited nature of this program.
FAA Form 5100-37 PG 12 (10-89)
Page 13 of 13 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall
comprise a Grant Agreement, as provided by the Act constituting the contractual obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as
provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By
Ca mi, Manager, Seat e Air'orts District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agree-
ments contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby
accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the
Project Application.
Executed this
• •
• •
.e
AttL6; =
Title:.
day of 14
City of McCall, Idaho
By.
, 2009 .
Sponsor's Designated Official Reprentative
Title. P'4 �Y'o /e
CERTIFICATE OF SPONSOR'S ATTORNEY
, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of
Idaho. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's
official representative has been duly authorized and that the execution thereof is in all respects due and proper and in
accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on
property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor.
Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at this day of , 2009.
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 13 (10-89)