HomeMy Public PortalAboutAB 06-065 Attachment - Loader construction��r
U . S . D e p a r t m e n t o f T r a n s p o r t a t i o n
F e d e r a l A v i a t i o n A d m i n i s t r a t i o n
P a g e 1 o f 4 p a g e s
G r a n t A g r e e m e n t
P a r t 1 - O f f e r
D a t e o f O f f e r : M a r c h 7 , 2 0 0 6
M c C a l l M u n i c i p a l A i r p o r t
M c C a l l , I d a h o
P r o j e c t N u m b e r : 3 - 1 6 - 0 0 2 3 - 0 1 1
C o n t r a c t N u m b e r : D O T - F A 0 6 N M - 0 0 0 4
T o : C i t y o f M c C a l l , I d a h o ( h e r e i n c a l l e d t h e " S p o n s o r " )
F r o m : T h e U n i t e d S t a t e s o f A m e r i c a ( a c t i n g t h r o u g h t h e F e d e r a l A v i a t i o n A d m i n i s t r a t i o n , h e r e i n
c a l l e d t h e " F A A " )
W H E R E A S , t h e S p o n s o r h a s s u b m i t t e d t o t h e F A A a P r o j e c t A p p l i c a t i o n d a t e d S e p t e m b e r 1 4 , 2 0 0 5 , f o r a
g r a n t o f F e d e r a l f u n d s f o r a p r o j e c t a t o r a s s o c i a t e d w i t h t h e M c C a l l M u n i c i p a l A i r p o r t w h i c h P r o j e c t
A p p l i c a t i o n , a s a p p r o v e d b y t h e F A A , i s h e r e b y i n c o r p o r a t e d h e r e i n a n d m a d e a p a r t h e r e o f ; a n d
W H E R E A S , t h e F A A h a s a p p r o v e d a p r o j e c t f o r t h e A i r p o r t ( h e r e i n c a l l e d t h e " P r o j e c t " ) c o n s i s t i n g o f t h e
f o l l o w i n g :
I n s t a l l p e r i m e t e r f e n c i n g ; A c q u i r e s n o w r e m o v a l e q u i p m e n t ( l o a d e r ) ;
R e h a b i l i t a t e t a x i w a y ; R e h a b i l i t a t e R u n w a y 1 6 / 3 4 ( c r a c k s e a l ) ;
a l l a s m o r e p a r t i c u l a r l y d e s c r i b e d i n t h e P r o j e c t A p p l i c a t i o n .
F A A F o r m 5 1 0 0 - 3 7 P G 1 ( 1 0 - 8 9 )
Page 2 of 4 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, and in consideration of (a) the Sponsors 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, ninety-five (95)
percentum of all allowable Project costs.
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 $215,051.00.
For the purposes of any future grant amendments which may increase the foregoing
maximum obligation of the United States under the provisions of Section 47108(b) of the Act,
the following amounts are being specified for this purpose:
$ 0.00 for planning
$215,051.00 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 April 7,
2006, 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
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 4 pages
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.
Special Conditions
9. 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 by $25,000.00 or five percent (5%), whichever is greater, 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 overfund 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 FAX 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.
10. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise compatibility for which
funds are provided under this grant. he Sponsor will include in every contract a provision
implementing this special condition.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 4 pages
The Sponsors 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 Sponsors acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By
J. Wade Bryant, Manager, Soattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants,
and agreements 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 day of , 2006.
City of Mc Call, Idaho
(SEAL) By
Sponsors Designated Official Representative
Title
Attest:
Title:
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 Sponsors 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 , 2006.
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 4 (10-89)