HomeMy Public PortalAboutResolution 23-01 ITD Accepting Aeronautics Grant Offer for AIP 033City of McCa11
RESOLUTION 23-01
A RESOLUTION OF THE CITY OF MCCALL, IDAHO, ACCEPTING ITD AERONAUTICS
GRANT OFFER FOR AIP 033, PROVIDING FOR RELATED MATTERS, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of McCall Airport accepted an Airport Improvement Program AIP Grant Award
from FAA in July of 2021 to rehabilitate and resurface Runway 16/34 and to build a new Taxiway D
from July to October of 2022; and
WHEREAS, the FAA agreed to pay for 90% of costs; and
WHEREAS, the Sponsor has submitted to the State an application for assistance from the Idaho
Airport Aid Program for development of the McCall Municipal Airport, together with the planning
proposal or plans and specifications for the project;
WHEREAS, the Idaho Transportation Board has approved a project for the development of the
airport consisting of the following prescribed airport development:
Project Description: Recon apron TW (PH II construction; seal/crack report RW
FS Program Number: F238MYL
Project Number: AIP033
WHEREAS, ITD Division of Aeronautics requires the Airport Sponsor, City of McCall, to certify
the availability of at least $114,899.11 and has agreed to pay for 5%, in the amount of $114,899.11;
and
WHEREAS, the City of McCall has paid $114,899.11 for this project, and
WHEREAS, the Airport Sponsor agrees to comply with the regulations relative to non-discrimination
in the State assisted programs of the Idaho Transportation Department, and all other requirements
stated in F238MYL Grant Agreement and F23MYL Grant Offer Letter,
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of McCall,
Valley County, Idaho that:
F238MYL Grant Offer is accepted by the City of McCall, and a copy of the F238MYL Grant Offer
Letter and F238MYL Grant Agreement is attached hereto as Exhibit 1, and by this reference
Resolution 23-01 Accepting ITD Aeronautics Grant Offer for AIP 033 Page 2 of 2
January 26, 2023
incorporated herein .
This resolution shall be in full force and effect upon its passage and approval.
PASSED AND ADOPTED by the McCall City Council of the City of McCall, Idaho, on January 26,
2023.
ATTEST:
By
Ire„.1D All „to
jrd' C BessieJo Wagner, City Clerk
APPROVED:
Robert Giles, Mayor
D•CF041 c' LI-eri..
Resolution 23-01 Accepting ITD Aeronautics Grant Offer for AIP 033 Page 2 of 2
January 26, 2023
GRANT AGREEMENT
IDAHO AIRPORT AID PROGRAM
STATE FISCAL YEAR -23
TO: City of McCall, Idaho
(Hereinafter referred to as the "SPONSOR")
FROM: The State of Idaho, acting through the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF
AERONAUTICS
(Hereinafter referred to as the "STATE")
WHEREAS, the SPONSOR has submitted to the STATE an application for assistance from the Idaho Airport Aid
Program for development of the McCall Municipal Airport, together with the planning proposal or plans and
specifications for the project. The STATE approved the application and it is hereby incorporated herein and
made a part thereof:
WHEREAS, the Idaho Transportation Board has approved a project for development of the airport consisting
of the following described airport development:
Project Description: Recon apron TW (PH II construction; seal/crack report RW
FS Program Number: F238MYL
Project Number: AIP033
NOW THEREFORE, for the purpose of carrying out the provisions of the Uniform State Aeronautics
Department Act; Title 21 of the Idaho Code, as amended, and in consideration of the SPONSOR acceptance of
this offer, as hereinafter provided, the STATE hereby agrees to pay, as its share of the costs incurred in
accomplishing the project, not more than 5% of allowable project costs.
This Grant incorporates the following terms and conditions:
1. The STATE affirms that:
A. The maximum obligation of the STATE payable under this Grant shall be $114,899.11.
B. This grant expires on June 30, 2027 and the STATE shall have no further obligation after
that date.
2. The SPONSOR shall:
A. Certify the availability of at least $114,899.11 to match STATE participation in said project.
B. The Airport Sponsor agrees to comply with the regulations relative to non-discrimination
in State assisted programs of the Idaho Transportation Department.
C. Diligently and expeditiously complete this project by June 30, 2027 and likewise pursue
appropriate measures as may be agreed upon by the SPONSOR and the STATE to remedy
project delays, including but not limited to litigation or condemnation.
D. Carry out and complete the project in accordance with the plans, specifications, and
property map, incorporated herein, as they may be revised or modified, with approval of
the STATE.
E. Competitively bid all contracts for construction involved in this project in accordance with
bidding procedures outlined in Idaho Statute Title 67, Chapter 92 of the Idaho Code and
Title 2 CFR part 200 and provide solicitation documentation to the STATE.
F. In connection with the acquisition of real property for the project, secure at least two
written appraisals by licensed appraisers and not pay in excess of the highest appraisal
without the written consent of the STATE or except as directed by a court of competent
jurisdiction after a contested trial and a judgment not resulting from agreement between
the parties.
G. No State funds will be paid to the SPONSOR in any case until it certifies in writing that it
has funds available and will spend at least the amount designated for this project in the
Grant Agreement, solely for the project in question.
H. The SPONSOR agrees to hold said airport open to the flying public for the useful life of the
facilities developed under this project.
I. The SPONSOR shall grant no exclusive use or operating agreements, to any person,
company, or corporation. Failure to abide by such agreement shall automatically obligate
the immediate and full return of all State of Idaho money expended on behalf of the project
to the State of Idaho.
1.
Agrees to fulfill the FAA assurances applicable to this project and follow the requirements
in 49 USC 471 Airport Development. (Only applies to FAA funded projects)
K. Agrees to follow and include applicable FAA required contract terms to any associated
contracts granted in association with this grant. (Only applies to FAA funded projects)
L. Submit with this accepted Grant Agreement the full name of the local Project
Manager/Inspector along with full contact information including work phone number,
cell phone number, fax number, email address, and postal mailing address. Also include a
job related contact that will know the whereabouts of and can contact the Project
Manager/Inspector quickly for Grant related matters.
M. Use the provided "Project List and Submittals" form to monitor the project's progress.
The SPONSOR will submit the form when submittals are made, and provide the
completed form, along with the reports, as part of the closeout documents.
N. Such allocation agreement shall become effective upon the SPONSOR acceptance of this
offer and shall remain in full force and effect throughout the useful life of the facilities
developed under the project but in any event not to exceed twenty (20) years from the
date of acceptance.
0. Said offer and acceptance shall comprise allocation agreement, constituting the obligation
and rights of the State of Idaho and the SPONSOR with respect to the accomplishment of
the project and the operation and the maintenance of the airport.
P. SPONSOR must develop the airport in accordance with current Idaho Division of
Aeronautics design and construction standards.
Q. SPONSOR cannot allow any activity or action on the airport that would interfere with its
use for airport purposes.
R. SPONSOR must allow all types, kinds, and classes of aeronautical activities use the airport.
This includes such activities as parachute jumping and ultralight vehicles. One possible
reason for not allowing an aeronautical activity on the airport is if it cannot be conducted
safely. The final safety determination is the responsibility of the Idaho Division of
Aeronautics.
S. SPONSOR must allow people to service their own aircraft according to all applicable
Federal Aviation Regulations (FARs). IDAPA 39.04.01
T. All revenue generated on the airport by the Sponsor will be used for airport purposes only.
U. SPONSOR should have a master plan or an airport or heliport layout plan to be eligible for
participation in the allocation program. The plan must be accepted by the Division of
Aeronautics. IDAPA 39.04.01
V. SPONSOR will have proof of ownership or lease of all land upon which any project is
proposed in order to protect the investment of public funds.
W. SPONSOR will have compatible land use and height zoning for the airport to prevent
incompatible land uses and the creation or establishment of structures or objects of natural
growth which would constitute hazards or obstructions to aircraft operating to, from, on,
or in the vicinity of the subject airport. Idaho Statute 67-6508q
X. That any Exclusive Operating or Use Agreement shall Automatically Obligate the
Immediate and full Return of all State of Idaho money expended in behalf of the Project to
the State of Idaho.
Y. SPONSOR will maintain a fee and rental structure for services and facilities at the airport
which will make the airport as self-sustaining as possible taking into account such factors
as the volume of traffic and economy of collection. The Division of Aeronautics can provide
assistance with establishing the structure base.
Z. SPONSOR is required to make selection for professional engineering or construction
management pursuant to Idaho Code Title 54 and will provide evidence of based selection
to the Division of Aeronautics. Idaho Code 67-2320
3. The allowable costs of the project shall not include any costs determined by the STATE to be
ineligible.
4. The STATE reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the SPONSOR.
5. This offer shall expire and the STATE shall not be obligated to pay any part of the costs of the
project unless the final agreement has been accepted by the SPONSOR on or before 3/31/2023 or
such subsequent date as may be prescribed in writing by the STATE.
Except for those projects receiving both State and Federal Aid (submit copies of FAA Application and
Agreement), the following inspection schedule, and reporting system is required:
6. Inspection Schedule and Reporting System:
Inspection Schedule and Reporting System will vary for each project. The SPONSOR must make
reports and be subject to inspections on the following schedule:
A. SPONSOR shall report project commencement date.
B. SPONSOR shall make quarterly reports during construction.
C. SPONSOR shall receive approval prior to any change in the scope of the project.
D. SPONSOR shall report project completion date and request final inspection and
payment.
E. STATE may participate in the final inspection and shall sign off the project as
completed.
F. STATE may arrange for audit of account in accordance with regularly scheduled audit
program.
The execution of this instrument by the SPONSOR and ratification and adoption of the project application
incorporated herein provides proof of the Sponsors commitment, as hereinafter provided. Said offer and
acceptance shall comprise allocation agreement, constituting the obligation and rights of the State of Idaho
and the SPONSOR with respect to the accomplishment of the project and the operation and the maintenance
of the airport. Such allocation agreement shall become effective upon the SPONSOR acceptance of this offer
and shall remain in full force and effect throughout the useful life of the facilities developed under the project
but in any event not to exceed twenty (20) years from the date of acceptance.
STATE OF IDAHO, ITD
Division of Aeronautics
By:
Jeffrey L. arker, Administrator
ACCEPTANCE
THE SPONSOR DOES HEREBY RATIFY AND ADOPT ALL STATEMENTS, representations, warranties,
covenants, and agreements contained in the project application and incorporated materials referred to in the
foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms and
conditions thereof.
Executed this .ZC day of o is ry , 2023.
By:
ATTEST:
Sarah Porter, Deputy City Clerk
Bob Giles, Mayor
City of McCall, City Council
I, Sarah Porter, Deputy City Clerk do hereby certify that the foregoing is a full, true, and correct copy of
Resolution No. a3 - 01 adopted at a regular meeting of the City Council held on the ,-6 day
of 3or..rAry , 2023, and that the same is now in full force and effect. IN WITNESS WHEREOF, I
have hereunto set my hand and impressed the official seal of the City, this 2.6 day of
aryn%ray.� , 2023.
bpyLAy crl C(t
.r BessieJo Wagner, City Clerk