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HomeMy Public PortalAbout2018.07.12 AIP 3-16-0023-024 Grant CloseoutCity of McCall www.mccall.id.us To: Gary Gates, U.S. Dept of Transportation Federal Aviation Administration — Northwest Mountain Region Helena Airport District Office, FAA Building 2725 Skyway Dr., Suite 2 Helena, MT 59602-1213 From: City of McCall, McCall Municipal Airport 216 E. Park Street McCall, ID 83638-3832 Subject: Mediation Settlement Concurrence 216 East Park Street McCall, Idaho 83638 Phone 208-634-7142 Fax 208-634-3038 As required by Advisory Circular 150/5100-17 paragraph 3.44.2.1 2., this letter is intended to provide concurrence with the mediated settlement of a land acquisition acquired through eminent domain as described by McCall's legal counsel, William Gigray, of White Peterson in his letter dated October 18, 2017. In his letter, Mr. Gigray summarized a revised recommendation as follows: Revised Alternative recommendation: This revised alternative recommendation is based on the additional information regarding costs and fees received during mediation and the City's appraised value, and includes the estimated landowners' attorney fees and costs that would likely be awarded under the Acarrequi factors if the jury verdict is not within 10% of the appraised value: $834,243 (City appraisal value) + $170,000 (additional city attorney fees and costs) + $57,985.60 (interest to date) + $18,427.50 (additional interest at $122.85 per day for 150 days) + $650,000 (landowners' attorney fees and costs). The total of which is $1,730,656. Recommendation:. Accept Defendant's last offer of $1,650,000 The McCall City Council in discussion with legal counsel concurs that accepting the offer of $1,650,000 is the most advantageous combination of risk and value. There are no reservations on the proposed settlement. If you have any questions or concerns, please contact our Airport Manager, Jay Scherer, at 208/634-8965. erely, !a— ckie J . Aymon ayor, City of McCall Attachment: White Peterson Letter WM. F. GIGRAY, III MATTHEW A. JOHNSON JAY J. KIIHA ** WILLIAM F. NICHOLS * BRIAN T. O'BANNON * WHITE PETERSON ATTORNEYS AT LAW WHITE, PETERSON, GIGRAY & NICHOLS, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 ! EL (208) 466-9272 FAX (208) 466-4405 EMAIL: wfg@whitepeterson.com October 18, 2017 CONFIDENTIAL AND PRIVILEGED MATERIAL PHILIP A. PETERSON WILLIAM L. PUNKONEY TERRENCE R. WHITE ** OF COUNSEL * Also admitted in OR ** Also admitted in WA This Memo is written pursuant to and in contemplation of I.R.E. 408. Nothing stated in this letter is to be construed as an admission of any kind for any reason by the City of McCall. This letter is written purely for the purpose of obtaining authority to make offers of settlement at Mediation and for no other purpose. TO: Gary Gates, District Engineer U.S. Dept. of Transportation Federal Aviation Administration - Northwest Mountain Region Helena Airports District Office, FAA Building 2725 Skyway Drive, Suite 2 Helena, MT 59602-1213 FROM: Wm. F. Gigray, III WHITE, PETERSON, GIGRAY & NICHOLS, P.A. Attorneys for the City of McCall (Idaho) RE: Administration Settlement Considerations: City of McCall v McKeown Realty Services, et al. Idaho District Court, Valley County, Case No. CV2016-172C McCall Municipal Airport Taxiway Relocation Purpose of Memo: To continue and update the review of settlement negotiations and considerations in the above referenced eminent domain action as a follow-up to the mediation session before Charles Lempesis, Attorney Mediator, held on October 17, 2017 at the law offices of Defendants' legal counsel of record, Givens Pursley LLP, in Boise, Idaho. Subject of Pending Action: The City of McCall has filedthe above -entitled action in order to condemn four (4) separate parcels lying to the east of the current taxiway of the City of McCall Municipal Airport for the purpose of relocating the taxiway to meet current FAA safety standards for the Airport's classification. Gary Gates, District Engineer FAA Re: City of McCall v. McKeown Revised Administrative Settlement October 18, 2017 Page 2 Subject Parcels: 1. CONFIDENTIAL & PRIVILEGED MATERIAL Not for additional disclosure to any third party without express permission of author Considerations Parcel A [northern parcel] -- take is 2.955 acres; remaining parcel is 16.125 acres 2. Parcel B [adjacent and parcel is 16.854 acres 3. Parcel D [adjacent and parcel is 20.475 acres 4. Parcel 1 [southern most acres more or less. Appraisal Values: to the south of Parcel A] -- take is 3.146 acres; remaining to the south of Parcel B] -- take is 5.795 acres; remaining parcel] -- take is 3.406 acres; remaining affected parcel is 33 Parcel McCall Appraiser Valuation Defendants Appraiser Valuation Difference Parcel A $182,910 $485,800 $302,890 Parcel B $183,182 $517,200 $334,018 Parcel D $299,729 $925,500 $625,771 Parcel .1 $168,422 $545,400 $376,978 Totals: $834,243 $2,473,900 $1,639,657 City of McCall's Appraisers: • Valbridge Property Advisors by Paul Dehlin, MAI and G. Joseph Corlett, SRA, MAI • Rebuttal Appraiser: Ed Morse > Highest and Best Use Opinion: interim pastures use with eventual mix of light -industrial and service — commercial uses. > Sales Comparison Approach used > No severance damage to remaining parcels Defendant's Appraisers: • Integra Realty Resources by Robin Brady, MAI and Brad Janoush, MAI, SRA • Desk review of City's appraisal by Mark Richey MAI of Idaho Land & Appraisal > Highest and Best Use Opinion: airport -commercial development. > Sales Comparison Approach used > No severance damage to remaining parcels Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 3 Offers made by the City to date were at the City's appraisal values; Defendants' offer has been at their appraisal values. Probable Damage Range of Testimony in Litigation: I have reviewed and supplied to you the Defendant landowners' appraisal report by Integra Realty Resources, dated July 24, 2017, issued by Robin Brady, MAI' Director and Certified Appraiser and by Brad Janoush, MAI, SRA Director and Certified Appraiser. I have also taken, on October 6th, the deposition of Mr. Robin Brady. It is reasonably anticipated that their appraisal opinion, as to the total value of the land which is to be condemned at $2,473,900, will be admissible at trial for the jury's consideration. The same is true of the City's Certified appraisers, Valbridge Property Advisors, report dated June 19, 2017, issued by Paul Dehlin, MAI Senior Certified Appraiser and by G. Joseph Corlett, SRA, MAI, Senior Manager Director and Certified appraiser, who opine that the total value of the land which to be condemned is $834,243. Therefore the jury verdict range, based upon that testimony, will be a high of $2,473,900 and a low of $834,243. Mediation process, purpose and progress report: The mediation was and is continuing to be conducted by the Mediator Charles Lempesis, who is an attorney practicing in Coeur d'Alene and an experienced mediator. The Parties have separately and as a confidential communication provided to the mediator, prior to the mediation, a written statement of their positions in this case. At the mediation, the Parties and their representatives initially met together and were then placed in separate rooms. The Mediator then met separately with each party's delegation throughout the entire day and information was supplied to, the Mediator by both of the parties along with their offers. The Mediator provided his comment to each of the Parties explaining from his review weaknesses and risks of each position and obtained additional information regarding the justification for each offer and counteroffer. In this process, the Mediator met with the attorneys of both parties on two occasions to clarify and exchange information. During this mediation process, numerous offers and counteroffers were made. During this process, we were advised by the Mediator that the Defendants' attorney fees and costs were higher than what we had projected in my earlier memo to you submitted prior to the mediation. The Defendants' attorney fees and costs of litigation are now at $300,000, which was confirmed by their attorneys during our direct meeting with them. It also appears from information received during the negotiation process that Defense counsel will be vigorously opposing our motion for partial summary judgment regarding their first affirmative defense, which will be heard on November 6th by the judge. This will likely increase our attorney fees and costs, which estimate we have revised in this memo. All these attorney fee and cost factors became sticking points toward the end of the mediation. That has resulted in the difference from our last offer and theirs. Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 4 At the conclusion of an entire day of mediation, the City made its final offer of $1,500,000 to which the Defendants made their final counter-offer of $1,650,000. In response, we advised the Mediator and Defense counsel that we would communicate the Defendants' final offer to the City Council for their response. The Defendants' final offer remains open to allow us to make this communication. At the very beginning of the mediation, we advised and insisted that final approval of the City's final offer was contingent upon City Council approval. If this matter were to settle, a stipulation for approval of a final order and judgment of condemnation would then be entered into by the Parties and submitted to the Court for approval. If settlement were to be reached, the order and judgment of the Court would then conclude the pending litigation, with the acquisition and condemnation of the subject parcels for the intended airport use upon the payment to the Defendants of an agreed sum. Payment would be made within 30 days of the settlement. This additional Memo is being provided for the FAA's consideration as a part of the Administrative Settlement Process of this pending action to advise you of information received in the mediation process that was not available prior to mediation. Administrative Settlement in this matter includes the following considerations in the public interest: ➢ Cost savings achieved by concluding the litigation with a certain known result. The following are the Attorney fees and cost incurred by the City: Attorney Fees: City of McCall Expenses to Date: $28,843.07 Attorney Fees and Legal Assistant Fees to Date: $118,917.00 Attorney Fees and Costs Estimate: $192,633.50 The attorney fees projection is on track, but the amount of discovery and document production and review in this litigation has been much greater and more complicated than originally anticipated. This is due to an inclusive 10 year time span it has covered. Resultantly, as of now, this has amounted to an estimated additional expense of $25,000.00. This additional expense is continuing as there are still thousands of e-mail and digital communications to review and disclose. The City has now produced over 28,900 documents in the discovery process. The Defendants have produced some 7,000 documents. Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 5 Attorney Cost Savings with Settlement: • City of McCa11's additional Attorney Fees and Costs incurred by the continuance of the case: ✓ Through trial and post -verdict trial motions: $100,000 to $170,000.00 ✓ Additional costs and fees in the event of an appeal: $50,000 to $90,000.00 ✓ In the event the Supreme Court vacated the judgment and remanded the case for new trial, much of this expense would be repeated. • Risk of the Payment of Defendants' Fees and Costs through post -trial motions: ✓ From commencement of the litigation through trial and post -verdict trail motions: $450,000 to $600,000 ✓ Additional costs and fees in the event of an appeal.• $75,000 to $125, 000.00 ✓ In the event the Supreme Court vacated the judgment and remanded the case for new trial, much of this expense would be repeated. Attorney Fees - Defendants: This estimate has been revised based upon specific information communicated by the Mediator and Defense counsel at Mediation that their fees and costs as of the date of mediation was $300,000. We therefore revise our estimate based upon this new information and upon the amount of legal work that has been involved in this case to date and knowing that the Defendants' counsel's fees are higher than ours and knowing as before that Defendants' counsel is a large Boise firm with high overhead. This case has involved and continues to involve, in discovery, the production of documents associated with the City's municipal airport which is inclusive of the city managers, airport manager, airport advisory committee members, city council members and staff for greater than a 10 year period. Much of this discovery has been digital and involves thousands of documents. The case also includes voluminous appraisal reports, engineering and other documents as well. Additional Consideration when considering attorney fees and costs of defense counsel: In this matter there are four Defendants. Two are LLCs with different ownership configurations and 2 are individuals who are husband and wife. There are also four separate parcels with different ownership configurations as set forth in the appraisals. The Defendant parties could have in the past, and could in the future, each retain separate legal counsel to represent them. If this occurs we would be dealing with two additional law firms. Resultantly, additional legal expenses would be incurred by the Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 6 Defendants and that would drive up our legal expenses and costs dramatically. Had this happened or if it happens, then we estimate the legal expenses and costs of the Defendants would likely increase by 30% and the City's by at least 25%. Idaho Rule - Award of Attorney Fees and Costs: Idaho Code Section 7-718 provides as follows: 7-718. COSTS. Costs may be allowed or not, and, if allowed, may be apportioned between the parties on the same or adverse sides in the discretion of the court. This is a summary of the factors set forth in ACHD v. Acarrequi, 105 Idaho 873 (1983): Award of attorney's fees and costs is not mandatory as part of just compensation. Attorney's fees may be awarded to the comdemnee without a showing that the action was brought and pursued "frivolously, unreasonably or without foundation." As the condemnor is normally the prevailing party as to condemnation of the property, any opportunity for the condemnee to prevail on the issue of attorney's fees would usually lie only in the condemnor's failure to make a reasonable offer of settlement, which forces the condemnee to go to trial. An award of attorney's fees is in the trial court's discretion and is to be guided by the following factors: 1. Attorney's fees and costs are not awarded to the condemnor except in extreme and unlikely situations. 2. It is assumed that a jury verdict approximates the fair market value of the property and any damages to the remainder. 3. A jury, in attempting to choose among highly divergent evidence as to value, can only be expected to arrive at "real" just compensation within a margin of error of 10%. 4. In considering an award of attorney's fees to a condemnee, a condemnor should have reasonably made a timely offer of settlement of at least 90% of the ultimate jury verdict. 5. A timely offer should be made within a reasonable period after institution of the action. 6. Other factors that may be considered include any challenge to public use and necessity allegations and any modification of the Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 7 plans of design of the condemnor's project resulting from this challenge. The first factor was overruled by State Department of Transportation v. Grathol, 158 Idaho 38 (2014), which held that costs may be awarded to a condemnor even if it is not an extreme and unlikely situation. It further held that attorney's fees can be awarded to a condemnor if the Acarrequi factors are "met and far exceeded" and the condemnee defended the case unreasonably. The Idaho Supreme Court has announced in other cases the following standards for the trial court to consider the award of attorney fees and costs to a land owner: Did the condemning party make a timely offer of settlement prior to the jury trial of at least 90% of the jury verdict. The factor is that the offer relieves the landowner of the expense, time and inconvenience and apprehension of a trial and eliminates the cloud hanging over the landowners title to their property. See State ex rel. Smith v. Jardine, 130 Idaho 318, 940 P.2d 1137 (1997); Ada County Highway Dist. By and Through Fairbanks v. Acarrequi (1983) 105 Idaho 873, 673 P. 2d 1067. In the case of Ada County Highway Dist. V. Sharp, 26 P. 3rd 1225, 135 Idaho 888 (2001) the Idaho Supreme Court held that the landowner could be denied attorney fees in a condemnation action where an offer was made that equaled 98.5% of the eventual verdict. Jury Verdict Research: We have reviewed appellate cases reported in the Idaho Supreme Court, interviewed Jury Verdicts Northwest in Kenmore, Washington, and conferred with General Counsel for the Ada County Highway District, which is by far the largest secondary public highway jurisdiction in Idaho, and with the Idaho Transportation Department, and with Mary York, an attorney in the law firm of Holland and Hart in Boise who practices in eminent domain for highway jurisdictions all over the state of Idaho. The information learned is as follows: Jury Verdicts Northwest does not track jury verdicts in eminent domain actions. General Counsel for Ada County Highway District referred me to attorney Mary York. In my phone interview with Mary York, she advised that her firm is not aware of a jury verdict research publisher or company that tracks eminent domain cases. Mary York's experience is that most eminent domain cases settle. She stated that they have had the following results in litigated eminent domain cases. One involved a highway condemnation near Athol, Idaho where the property owners claimed severance damage because the property could have otherwise been developed into a large truck stop, and the Idaho Department of Transportation's appraiser disagreed that was possible at the subject location. The Idaho Department of Transportation's appraiser opined that the subject property damage for the take was between $400,000 and $571,000. The landowner's appraisers opined the property was worth from $1,700,000 to $3,200,000. This case was tried to a judge, not a jury, and the judge found the property was worth $571,000. She referenced another case she tried that went to a jury verdict where the state Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 8 of Idaho appraiser opined the property was worth $8,000 and the property owner's appraiser opined the damage by reason of the take was $146,000. The jury agreed with the property owner's appraisal. This case was appealed and later remanded back because of an error of law on what was included in the damages. I tried a case entitled C&G, Inc. v. Canyon Highway District No. 4 in 2001 which was an inverse condemnation action. The case involved a highway my client built across the landowners' property just north of the Middleton, Idaho which amounted to 3.03 acres. The Highway District's appraiser opined there was not severance damage and that the highest and best use was agricultural use with a total damage for the take at $10,600.00 The landowners claimed that there was significant severance damage and that the property's highest and best use was the development of a 600 lot residential subdivision valued over $500,000. The Highway District offered $65,000 before trial. The Jury verdict was $212,144.00. This case was appealed due to legal issues associated with the statute of limitations, which was unsuccessful. The ultimate award after the addition of attorney fees, costs and interest was over $600,000. Idaho Supreme Court cases involving eminent domain: ACHD v. Brooke View, 2015 ACHD's offer: $7,738.47 Condemnation of 1425 sq. ft. of WL 12911740 (Idaho 4th Dist. parcel for road purposes. 2015) Jury Verdict: $146,291.00 Landowner claimed severance damages due to damage to walls and cost of replacing landscaping. Jury found severance damages of $257,836.16 and cost to cure of $141,000. Total award including compensation for property taken $146,291.00. Vacated and remanded by 162 Idaho 138 (2017) due to improper jury instructions. City of Nampa v. Brock, 2001 Deposit: $15,000 Road easement for widening of WL 35984350 (3`d Dist. 2001) Greenhurst Road. Jury Verdict: $13,000 plus interest ACHD v. Anchustegui, 2001 Deposit: $63,848.00 Condemnation of permanent WL 359773380 (4th Dist. slope easement for highway 2001) Jury Verdict: $101,000.00 purposes. Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 9 ACHD v. Sharp, 135 Idaho 888 (2001) ACHD's offer:.$16,258 Jury Verdict: $16,507 Condemnation of easement for widening Eagle Road. Landowner's experts (including Mark Richey) argued that just compensation was $390,000 to $440,000. State ex rel. Winder v. Canyon Vista Family Ltd. Partnership, 148 Idaho 718 (2010) Deposit: unknown Jury Verdict: $399,633 compensation for property taken $2,021,897 severance damages ITD action to condemn a strip of property for widening Pole Line Road in Twin Falls. Severance damages awarded based on finding that access rights were condemned. City of McCall v. Seubert, 142 Idaho 580 (2006) Deposit: unknown Jury Verdict: $546,726 in compensation and severance damages. $150,191.88 and $333,966.12 for business damages. Condemnation of strip of land for road project. Land taken ran through concrete and asphalt plants on the property. ACHD v. Acarrequi, 105 Idaho 873 (1983) Deposit: $30,600 Landowner's demand: $216,197 Jury Verdict: $48,000 Condemnation of a portion of a motel parking lot for a road project. Mary York advised, in their negotiations and settlement process, they try and follow the standards announced by the Idaho Supreme Count referenced above in ACHD v. Acarrequi, 105 Idaho 873 (1983). When they do this in circumstances where there is a wide variance in their expert's appraisal and the landowners, they look at an amount that is in-between what the landowner's appraisal and theirs plus 10%. This, in her opinion, puts a lot of pressure on a land owner to settle. In Idaho, if such an offer is made and the jury decides value in accordance with the condemning party's proof or anywhere above that up to as we say "meeting at the middle" (to use an old negotiation phrase), then the landowner is unlikely to obtain an award of attorney fees and costs. Interest on the damage award from the date of the take (which is June 27, 2016): Idaho Code Section 7-712 provides that "The compensation and damages awarded shall draw lawful interest from the date of the summons." Summons is dated June 27, 2016. Lawful interest on judgments in Idaho in 2016 was 7/1/15 to 6/30/16 = 5.375% Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 10 $834,245 $122.85/Daily $44,840.56/Annual $13,145.04/June 27th to October 12th (107 days) $2,473,900 $364.31/Daily $132,972.12/Annual $38,980.87/June 27th to October 12th (107 days) $1,639,657 $241.46/Daily $88,131.56/Annual $25,835.83/June 27th to October 12th (107 days) What the City will be required at a minimum to pay: • Its own attorney fees and costs: ✓ Cost savings if settled a mediation: $100,000 to $170,000.00 ✓ In the event of an appeal: additional $50,000 to $90,000.00 ✓ In the event the Supreme Court vacated the judgment and remanded the case for new trial, much of this expense would be repeated. • $834,245 plus interest at 5.375 % per annum amount as of this date is $57,985.60 What the City is potentially at risk to pay if settlement at mediation is not achieved: • Potential Verdict Damage Award Ranges: From $834,245 to $2,473,900. Difference is $1,639,657. The middle between the two is $819,828.50 + $834,245 = $1,654,073 • Its own attorney fees and costs: ✓ Cost savings if settled a mediation: $100,000 to $170,000.00 ✓ In the event of multiple defense counsel additional 25% from $25,000 to $42,500 ✓ In the event of an appeal: additional $50,000 to $90,000.00 ✓ In the event the Supreme Court vacated the judgment and remanded the case for new trial, much of this expense would be repeated. Gary Gates, District Engineer CONFIDENTIAL & PRIVILEGED MATERIAL FAA Not for additional disclosure to any third party without express permission of author Re: City of McCall v. McKeown Revised Administrative Settlement Considerations October 18, 2017 Page 11 • Defendants' attorney fees and costs: ✓ From $450,000 to $600,000 ✓ In the event of multiple defense counsel additional 30% from $135,000 to $180,000 ✓ In the event of an appeal: additional $75,000 to $125,000 • Additional interest on the verdict award: ✓ From $44,840.46 annually to a high of $132,972.12. Daily interest from $122.85 to $241.46. Total damages and expense risk range estimate: $2,318,750 to over $3,599,000. Settlement facilitates the immediate Acquisition of the subject real property and commencement and funding of the project: settlement assures that the airport property may proceed within this fiscal year. Settlement authority opinion and recommendation: Given the above review, it is our opinion that the City should consider obtaining authority to settle the above -entitled matter in accordance with the ACHD v. Acarrequi standard as applied with an additional 10% insulation factor, which would be as follows: $834,243 (City appraisal value) +$819,828.50 ('/z between low and high appraisal values) + $165,407 (10% factor) + $114,969.44 (interest to date based upon the settlement offer amount) no offer for attorney fees or costs. Total top offer authority recommendation: $1,934,447.94 Revised Alternative recommendation: This revised alternative recommendation is based on the additional information regarding costs and fees received during mediation and the City's appraised value, and includes the estimated landowners' attorney fees and costs that would likely be awarded under the Acarrequi factors if the jury verdict is not within 10% of the appraised value: $834,243 (City appraisal value) + $170,000 (additional city attorney fees and costs) + $57,985.60 (interest to date) + $18,427.50 (additional interest at $122.85 per day for 150 days) + $650,000 (landowners' attorney fees and costs). The total of which is $1,730,656. Recommendation: Accept Defendant's last offer of $1,650,000 Gary Gates, District Engineer FAA Re: City of McCall v. McKeown Revised Administrative Settlement October 18, 2017 Page 12 CONFIDENTIAL & PRIVILEGED MATERIAL Not for additional disclosure to any third party without express permission of author Considerations If you have any questions, please contact me. Thank you. Sincerely, WHITE PETERSON Wm. F. Gigray, III {1': kWork1AllAkCaII City of 2I684I Airport\Aitport Eapansion - LITIGATION .056IMEDIATIONIFAA Settlement Considerations Memo with alternative IO-18-17 Ih.docx AIP Project Closeout Checklist (for Sponsor or Consultant to complete) Airport McCall Municipal Airport Project Land Acquisition AIP # 3-16-0023-024-2018 Indicate Yes if item is included in documentatio Sponsor or Consultant Checklist Items Yes N/A 1. Project Closeout Requirements (for all types of grants) a) Final Pay Request SF-271, for all reports, plus SF-425 for letter of credit projects. X b) Final Payment Summary Worksheet, if applicable X c) Summary of DBE Utilization, if applicable X d) Grant Special Conditions were met X e) Amendment request, if applicable X f ) Final Project Report as applicable (planning, environmental, construction, land, or equipment) X g) Required Sponsor Certifications, as applicable X 2. Final Planning Closeout Report X a) Statement that all work in the Grant and Scope of Services were completed b) Date when aviation Forecasts were approved by the FAA c) Date when Master Plan was accepted by the FAA d) Date when Airport Layout Plan was approved by the FAA e) One copy of ALP drawings in pdf format f) Sponsor Certification for Selection of Consultants 3. Final Environmental Closeout Report X a) Statement that all work in the Grant and Scope of Services were completed b) Date when environmental document was approved by FAA. c) Sponsor Certification for Selection of Consultants 4. Final Construction Report (Grants more than $300,000) X a) Project History 1) Project Location 2) Work items constructed 3) Work deleted and reasons for deleting 4) Table of contract dates 5) Narrative on methods and sequencing of construction 6) List of prime and subcontractors and work performed 7) Explanation of liquidated damages b) Administrative Costs c) Engineering Design and Construction Management 1) Consultant Services summary 2) Sponsor Force Account Services summary d) Construction 1) Summary of Change Orders 2) Summary of final quantities 3) Final Inspection Report, with punch list status 4) One copy of the as -built drawings in PDF format. 5) Summary of test results 6) Revised construction management plan showing actual testing frequency 7) Summary of Sponsor force account construction work, if applicable 8) Summary of any items acquired by Sponsors directly (materials, etc.) 2010-06 10/29/2010 Yes N/A e) Submit as -built ALP resulting from the project, if applicable f) Submit marked up Airport Master Record and note any changes, if applicable. g) Pavement Strength Survey (Form 5320-1) updated, if applicable h) Sponsor Certification for Selection of Consultants i) Sponsor Certification for Project Plans and Specifications j) Sponsor Certification for Equipment/Construction Contracts k) Sponsor Certification for Construction Project Final Acceptance I) Consultant Certification for Project Testing (paving over $250,000) m) Sponsor Certification of Testing Laboratories (paving over $250,000) 5. Final Construction Report (Grants $300,000 and less) X 'a) Project History 1) Project Location 2) Pre and post construction photographs, if no FAA inspection was done 3) Work items constructed 4) List of Prime and Subcontractors and work performed b) Administrative Costs c) Engineering Design and Construction Management 1) Consultant Services summary 2) Sponsor Force Account Services summary d) Construction 1) Summary of Change Orders 2) Summary of final quantities 3) Final Inspection Report or post construction photographs 4) One copy of the as -built drawings in PDF format 5) Summary of Sponsor force account construction work, if applicable e) Submit as -built ALP resulting from the project, if applicable f) Submit marked up Airport Master Record and note any changes, if applicable. g) Sponsor Certification for Selection of Consultants h) Sponsor Certification for Project Plans and Specifications i) Sponsor Certification for Equipment/Construction Contracts j) Sponsor Certification for Construction Project Final Acceptance 6. Final Land Closeout Report X a) Revised Exhibit "A" Property Map (2 signed copies) X b) Land Acquisition Cost Breakdown worksheet X c) Summary of major project details, negotiations, and unusual conditions X d) Summary of amounts for service contracts (appraisals, acquisition, etc.) X e) Sponsor Certification of Title X f) Sponsor Certification for Selection of Consultants X g) Sponsor Certification for Real Property Acquisition X 7. Final Equipment Closeout Report X a) Summary of contract approvals b) Show the following dates: (contract award, NTP, delivery, acceptance, etc.) c) Copy of final equipment costs d) Inventory of Non -Expendable Personal Property e) Photographs of equipment purchased (two copies) f) Sponsor Certification for Selection of Consultants g) Sponsor Certification for Project Plans and Specifications h) Sponsor Certification for Equipment/Construction Contracts 1 2010-06 Indicate Yes if item is included in documentation or N/A i 10/29/2010 FAA Project Manager Action Items Checklist Yes N/A a) Final Closeout Report meets requirements and checklist items addressed b) As -built ALP sets signed and sent to sponsor with letter, Safety & Standards for Part 139 airports, and to ADO files c) Airport Master Record (5010) revisions sent to AAS-330. d) Inventory of Non -Expendable Equipment form and photo put in project and airport site files, if applicable e) DBE summary sent to Civil Rights office, if applicable • f) Project book has all required documents referenced in Index g) Pavement Strength Survey (5320-1) put in office pavement file, if applicable h) Grant Special Conditions were met i) Final project financial report submitted for approval 2 Reviewed and approved by T-O Engineers, Inc. ENGINEER'S FINAL REPORT MCCALL MUNICIPAL AIRPORT AIP 3-16-0023-024-2018 • LAND ACQUISITION The following report was prepared in conformance with FAA Northwest Mountain Region ENGINEERING GUIDANCE 2013-12 713 0 2018 T-0 Engineers, Inc. All rights reserved T-O ENGINEERS Final Report McCall Municipal Airport Land Acquisition AIP Project No. 3-16-0023-024-2018 Table of Contents 1. Introduction 1 2. Project Summary 2 3. White Peterson 5 4. Land 5 5. T-O Engineers 5 6. Summary of Project Costs 6 7. DBE Program 6 Appendix 1 — Exhibit "A Property Map Appendix 2 — Final Payment Summary Worksheet Appendix 3 — Land Acquisition Cost Breakdown Appendix 4 — Sponsor Certification of Title Appendix 5 — Sponsor Certification for Selection of Consultants Appendix 6 — Sponsor Certification for Real Property Acquisition Appendix 7 — Sponsor Certification for Drug -Free Workplace Appendix 8 — Sponsor Certification for Disclosure of Potential Conflicts of Interest Appendix 9 — Aerial Image of Land Acquired i © 2017 T-O Engineers, Inc. All rights reserved i1:1 T-O ENGINEERS Final Report McCall Municipal Airport Land Acquisition AIP Proiect No. 3-16-0023-024-2018 1. Introduction McCall Municipal Airport is located on the southern edge of the City of McCall in Valley County, Idaho. The airport is adjacent to the intersection of State Highway 55 and Deinhard Lane. The City of McCall is the sponsor of the McCall Municipal Airport. The City of McCall, Idaho recently completed acquisition of approximately 15.3 acres of land adjacent to the eastern boundary of the airport. The land purchased has been shown on the Exhibit "A" Airport Property Map for many years. This acquisition will allow relocation of Parallel Taxiway A to meet current FAA runway to parallel taxiway separation standards and is considered a high priority project necessary to enhance airport safety. The land purchased was owned under various partnerships, but the primary landowners were Judd and Diane DeBoer. Mr. DeBoer is a resident of McCall and was actively involved in meeting attendance and negotiations with the City of McCall. The following is a list of parcels acquired and their prior ownership: Exist. Parcel No. New Parcel No. Parcel Size (Acres) Prior Owner F-11 B A-1 2.955 Airport Ventures, LLC & McCall Aviation Partners, LLC F-11 B B-1 3.146 McCall Aviation Partners, LLC F-11 B D-1 5.795 Airport Ventures, LLC & McCall Aviation Partners, LLC F-15 1 3.406 Diane DeBoer TOTAL 15.302 The acquired properties were portions of whole properties shown on the historic Exhibit "A" Property Map as parcels F-11 B and F-15. Acquisition of whole parcels was initially planned but was abandoned when it became apparent that condemnation proceedings would be required. Only land required for relocation of Parallel Taxiway A was acquired. The properties acquired are shown on the revised Exhibit "A" Property Map included as Appendix 1. Page 1 of 6 © 2015 T-O Engineers, Inc. All rights reserved 13 T-O ENGINEERS Final Report McCall Municipal Airport Land Acquisition AIP Project No. 3-16-0023-024-2018 2. Project Summary An Environmental Assessment (EA) for the land to be acquired was completed by WHPacific on September 1, 2011. The EA was funded by a separate FAA AIP grant but is noted for reference. T-O Engineers was retained by the City of McCall to assist with coordination of the land acquisition project. The T-O agreement for professional services was signed on March 1, 2012 and amended on September 15, 2014. T-O Engineers teamed with Joe Corlett of Mountain StatesNalbridge as the City's primary appraiser. Review appraisals were provided by Sam Langston of Langston & Associates and Ed Morse of Morse and Company. Negotiators for the City of McCall were Chuck and Dave Winder of Cushman Wakefield. William Gigray of White Peterson served as the City's attorney for the condemnation proceedings. White Peterson was selected for legal services related to the project on October 13, 2015 after a qualification based selection process. The following timeline highlights major project milestones: • Sept. 1, 2011 Environmental Assessment completed by WHPacfic. • Jan. 18, 2012 Letter from Sandy Simmons/FAA supporting land acquisition for both relocation of the parallel taxiway and airport expansion. • Feb. 1, 2012 Agreement with Chuck and Dave Winder, negotiation services. • Sept. 25, 2012 Agreement with Sam Langston/Langston & Associates, review appraiser. • Sept. 27, 2012 Agreement with Joe Corlett/Mountain States Appraisal (MSA). • Nov. 2012 Environmental Assessment Supplement completed by T-O Engineers (T-O). • Dec. 17, 2012 Kick-off meeting with property owners (Owners), City of McCall (City), T-O, MSA and negotiator. • Feb. 25, 2013 First appraisal by Joe Corlett/MSA for City. • April 1, 2013 Review appraisal by Sam Langston/Langston & Associates. • July 3, 2013 Letter of Intent to Purchase from City to Owners. Page 2 of 6 13 T•O ENGINEERS © 2015 T-O Engineers, Inc. All rights reserved Final Report McCall Municipal Airport Land Acquisition AIP Project No. 3-16-0023-024-2018 • July 5, 2013 Letter of Intent to Purchase received by Owners. • July 12, 2013 Letter from Owners rejecting City offer to purchase. • July 17, 2013 Conference call with Gary Gates/FAA; land acquisition pushed back to FY 2014. • Sept. 13, 2013 Legal response from Owner by Ed Miller/Givens & Pursley. • Sept. 24, 2013 Appraisal prepared for Owner by Brad Janoush/Integra Realty Resources (IRR). • Nov. 27, 2013 Follow up letter by Joe Corlett/Valbridge (formerly MSA) addressing differences between IRR and Valbridge appraisals. • April 15, 2014 Agreement with Ed Morse/Morse & Company (Morse & Co.). • June 19, 2014 Appraisal Review Report of first MSA appraisal by Morse & Co. • June 19, 2014 Appraisal Review Report of IRR appraisal by Morse & Co. • July 25, 2014 Conference call with Gary Gates/FAA, City, T-O, Bill Gigray/White Peterson. • Nov. 11, 2014 Second appraisal by Joe Corlett/Valbridge Property Advisors (Valbridge) for City • Dec. 1, 2014 Appraisal Review Report of Nov. 11, 2014 Joe Corlett/Valbridge appraisal by Morse & Co. Feb. 3, 2015 Second appraisal revised per Morse & Co. review by Joe Corlett/Valbridge. • Feb. 17, 2015 Changes to Nov. 11, 2014 Joe Corlett/Valbridge appraisal reviewed by Morse & Co. • March, 2015 Release of Nov. 11, 2014 Valbridge appraisal to Owner. • May 28, 2015 Unsuccessful attempt to set a meeting date with Owners and Brad Janoush/IRR to discuss Owner's questions regarding differences between IRR and Valbridge appraisals. Aug. 26, 2015 Airport Layout Plan sent to Owner at request of City. Page 3 of 6 © 2015 T-O Engineers, Inc. All rights reserved T-O ENGINEERS Final Report McCall Municipal Airport Land Acquisition AIP Project No. 3-16-0023-024-2018 • Aug. 31, 2015 Statements of Qualifications for Legal Services related to land acquisition due. • March 10, 2016 City signs professional services agreement with White Peterson for services related to litigation for land acquisition. • June 27, 2016 Complaint for Eminent Domain filed against Defendants. • June 27, 2016 Date of take for Parcels. • June 2016 to Interrogatories, disclosures and depositions. Aug. 2017 • Jan. 19, 2017 Scheduling Order for jury trial issued. • Oct. 17, 2017 Mediation meeting. • Nov. 14, 2017 Judgements against Defendants recorded. Final project costs are summarized below: AIP 3-16-0023-024-2018 SUMMARY OF AIP ELIGIBLE PROJECT COSTS Description Amount Expended Legal $199,406.12 Land $1,650,000.00 Appraisals/Review Appraisals $29,950.00 Engineering $58,472.00 Total AIP Eligible Project Cost $1,937,828.12 Funding Federal Aviation Administration Share (90%) $1,744,045.00 ITD Division of Aeronautics Share (3.5% estimated) $67,823.00 City of McCall Share (6.5% estimated) $125,960.12 Total AIP Eligible Funding $1,937,828.12 Page 4 of 6 13 T-O ENGINEERS © 2015 T-O Engineers, Inc. All rights reserved Final Report McCall Municipal Airport Land Acquisition AIP Project No. 3-16-0023-024-2018 3. White Peterson White Peterson was selected to provide legal services to the City of McCall related to the condemnation proceedings for land acquisition. Total legal expenses associated with this project are shown below: Legal Services White Peterson Total 4. Land $199,406.12 $199,406.12 Mediation between the City of McCall and the Owners was successfully concluded on October 17, 2017. The agreed upon purchase price for the land is shown below: Land Acquisition (approx. 15. 3 acres) Land Total 5. T-O Engineers $1,650,000.00 $1,650,000.00 T-O Engineers was responsible for coordination of the appraisal, review appraisal, legal descriptions, amending the EA, grant application, coordination with the City of McCall and project closeout. Contract dates and associated fees for T-O Engineers professional services are summarized below: Engineering/Appraisal/Reviews $70,802.00 Amendment No. 1 $17,620.00 T-O Engineers Total $88,422.00 Page 5 of 6 © 2015 T-0 Engineers, Inc. All rights reserved T-O ENGINEERS Final Report McCall Municipal Airport Land Acquisition AIP Project No. 3-16-0023-024-2018 6. Summary of Project Costs Project costs including administrative, land and engineering are summarized below. The Final Payment Summary Worksheet is included in Appendix I. AIP 3-16-0023-024-2018 SUMMARY OF AIP ELIGIBLE PROJECT COSTS Description White Peterson Land T-O Engineers Engineering/Appraisal/Reviews Amendment No. 1 Subtotal Engineering Total AIP Eligible Project Cost Amount Expended $199,406.12 Funding Federal Aviation Administration Share (90%)* ITD — Division of Aeronautics Share (3.5% estimated) City of McCall Match (6.5% estimated) Total AIP Eligible Funding *Allowable costs reimbursed at 90%. 7. DBE Program $1,660,000.00 $70,802.00 $17,620.00 $88,422.00 $1,937,828.12 $1,744,045.00 $67,823.00 $125,960.12 $1,937,828.12 FAA Share $179,465.00 $1,485,000.00 $63,721.00 $15,858.00 $79,580.00 $1,744,045.00 There were no contract goals for DBE utilization for AIP 3-16-0023-024-2018. No DBE participation was recorded during the project. Page 6 of 6 ifl T-O ENGINEERS © 2015 T-O Engineers, Inc. All rights reserved Appendix 1 - Exhibit "A" Property Map 0 30 BIBS dVNI JUZI3d02Id - V IIHIHXH OHV01 11V3011 d0 A110 180d8IV 1Vd1OINf1W 11V09N1 SUMYld ONY suwanans 'Stl33NION3 ONO 3� 1 R P A B 13A811S tl03 035n 30 01 ION S103010000 '1 310N .M3135013 0NI15IX3 3NI1 A103dOtld 33401/1l 3NIl A1113d021d ONIISIX3 311I1 N01133S 6'224 Ji%17� 4".%2 --/d-1 ---Vd QN30T1 01-IV01 'ALNn00 A3T IVA0 NV1012731,1 39109 'lSd3 £ 3ONV8 '1-I1ilON 91 dIHSNM01 LZ 3P 9L SN011039 ,009 = „l 31VOS DUI (LOOL 1196V) 3 .CO .Cl (1143113390V 35'131) 35n *131 ONOI-1N01,001 501AV YW M lara3n 3O 1110 930860 3NM0 OW OOnO 13-0- 11015N3133 .Vb 01 3n0 03N00.13V-ON55.0 80015.111 N00031.c1 1101/09d. C2 938163ALIN 996 Z 838913330 90191 11.103 830.1S .1382113 V NNOf ITV,* 30 .0 830960 woo/Twat, 30 W0 930960 3.10 0-9-3 0-Z-3 N01103109d HOA064. 1.10310tld NOVOW,31 9961 62 938*3030 9861 '62 63E613030 114f9 99L291 11.00,11 dO NO Tqa* d0 .3 930860 3.10 6301390 3NM0 OW OOnf O-0-3 1-3 iN3*3583 30 350d9nd OW090.'lltl 3M3nMI5N1 1N3N35% �.LNaNI3SV3 .A.ONA �l3]*!rod NOLLV31H03NI A1.H3dOHd .LHOdHIV Z NOLL03109d AYMNn9 Minim - iN313d01.30 3. 91'92 NM0N9nn gl-'® gl- YL-d,s tl-3:.. ZI-1:::dd6 LL M36v 3393 1031'80 AVMI)V1131.1d 38lLLni - 1N31Id013A30 IN3*dOT3A30 33, 33! 6CO LO WOO. 3.10 A OOIV N A 3.00. 53181d1 OW NOLLV0,691 553NO3 '5536ONI tlOA .3.583 - - 1 31,3d0T3.V0 *d013A30 33! 3. iL"0 SO .50b 7W 00 19M1b3A3 41 woo,. 3, 1 N10*LL A 1N3W3503 NOLLVA93580 93NlYIM 031WI01(IV' '1N3113S3 .111 93MOd 'AVM -AO -WOW .06 AVM-AO-L10W OWb 'HN'91N3W3S3 WOW*- _ 1N3Wd013.V0 NOM9ddY 33A O9 930860 3.10 A OOnf ♦S9 l0Z 930860 3NV0 A Ob1I 930860 3NM0 {{-3 01- 58.136 OLL51n13. NAO 300 350dblN N01Lgn00V X53931N1 d1 593NM0 01 311tl. 3NM0 Na3dO9d N 130nd NOII.V111103NI NOI.LISIf1253V A.LH3d011d 3H11L113 KO-dIY /WE OC SAW.. I60Lf 9015 133 1,33W 30.0 630960 3NM0 � TYOINVN083V MINW1093Y 120-d* 120-dIV 110Z 'OC 938W3AON <102 Of 938913AON 1160Lf 11602f SUS 91t'f 3. 33A TMaM 30 NIO 11ga16 . A110 311 593N19Yd NOLL*. 11Y36*/311 539n1N3A 190.11. ZL OM 5631119Yd N01101AV TT.., ION... 11.09.A. 'LC-. 90-dIV 4102 'Of 93814360N L661 9360101 11602f 91f622 956"2 LO'0 3. 33! 71VO M 30 .0 TYO.* 30 NI0 pT1 583.1Vd 61011V1AV TM6/1/011 539n1N. 18.. !7 0N1N198 .10600 6 140YO9d. NOVObddV 90-.1 10-.0., L664 '<Z AVA 1,61 '91 938W3A014 91L922 Mt* 26"1 Sr. 3. 3. 11V0.11 AO N10 TVPM 30 .0 KM '0 V.13.9 g '91' 1111105 "3 309030 .3..13630 1g11.1063V 10-dV0V 10-.. .61 'L 839W31d.35 l ATnf 9216f 99L90 90L1 124 333 33! TVYW d0 N10 1110...3 '00 900153M N3an05 P9 cni.n30 311.6* A WY111A1 ag ,311I T1093V 1V011MNo83V - 10-dVOV fS61 SZ tl30N36GN 99SSs 90191 [YBi 33d 33! Tv011V 30 1LO 199 630611615 4136YIT133A NNOf log IVOLUTNON3V 1Y31d11N011. 10-d1V 10-dW 9961 '92 9301.0,1 9961 9t 08WMN 3 009191 MI, 2091 f2'2 331 3. TVT 1 d0 Al. TVY11 00 .WO ONV01 30 31V15 T1993* '8 T3916/0 T0111*N0b3v TgIII.1014311 10-41V 10-4* 9961 '02 938*360N 9961 '62 63.13030 OW,' 9912S1 61.fl lrill 33A 331 TVOaW 30 NO TYOaW f0 NO WW1 30 31v15 830960 3NV1O A OOnf Z 350119. NO O0V Oen. 1031'0bd 31YO ONO60 039 1N3n9*nN nasall 53.10 3931N1 dl 51130 NM IpNMO 333b9n0 63.10. 6 1130174 NOLLVI1HOANI dIHSH3N660 A-L113d0Hd .LHOdHIV Appendix 2 - Fina/ Payment Summary Worksheet Appendix FINAL PAYMENT SUMMARY WORKSHEET NOTE: List all contracts (e.g., engineering, construction) separately. (Include only eligible costs) PROJECT: 3-16.0023-024.2018 Land Acquisition LOCATION: FEDERAL TOTAL COSTS WORK ITEMS: ADMINISTRATION: 1. Advertisement $ $ 2. Independent Estimate $ $ 3. Other.(define costs) $ $ ENGINEERING: Firm Name: 1. Project Formulation/Predesign $ $ 2. 'Design $ $ 3. Inspection $ $ 4. Amendment $ $ 5. Other (define costs) $ $ 6. Planning (ALP Update, etc.) $ $ ENGINEERING: Firm Name: 1. Project Formulation/Predesign $ $ 2. Design $ $ 3. Inspection $ $ 4. Amendments $ $ 5. Other (define costs) $ $ 6. Planning (ALP Update, etc.) $ $ FORCE ACCOUNT: 1. Design $ $ 2. Inspection $ $ 3. Construction $ $ 4. Planning $ $ CONSTRUCTION: Contractor Name BID: $ $ .................... C.O.(Summary) $ $ OTHER (define costs) $ $ Contractor Name BID: $ C.O. (Summary) $ $ OTHER (define costs) $ $ LAND (total from land acq. cost sheet) $ 1,937,828.12 $ Acquire 15.3 Acres EQUIPMENT: (Each Piece) Name Manufacturer/Equipment 1. $ 2. $ GRAND TOTAL Credit:(List any interest earned on Federal Funds) $ 1,937,828.12 $ McCall Municipal Airport, McCall, Idaho SPONSOR ACTION INELIGIBLE COSTS FEDERAL SHARE REQUESTED FOR REIMBURSEMENT (90%X Grand Total) = $ 1,744,045.00 (Note: The percent Federal share must be rounded down to the nearest cent). FAA ACTION (To be filled out by FAA) ALLOWABLE COSTS FOR FEDERAL PARTICIPATION (Total costs - Ineligible costs) $ Certified current 5/22/07 Appendix 3 - Land Acquisition Cost Breakdown Airport: McCall Municipal Airport LAND Location: ACQUISITION COST BREAKDOWN City of McCall, Idaho AIP Project No: 3-16-0023-024-2018 '.1,Z,, ' ,Pareep,, , Nci:,'"• :' , 2 .;„,''',,,,Prop.,,:r • Type- ' ," ,:3 ' '' , Fee 'er:il, Easement '. ' ,,4, _ ..,,FAppiaieefy, '1..;Atnitiiiit,' .' , ',. -5 , , " ;,,`, '',„ Review, '',.„ `,,,i:AppritSii''' , ,, 6 _'',.- - ',,,-"4,DRer, ,,, - ''''' . Atitofint7 — , T , ', :',.',,Rurcttase '''"",,t, '''" ',.',',,,`Pitca''..,-'r '. :„•'.,..&+ „, „ '',`Acct.,-,,;,-,": ''''' Date, '' i 7-,,,1?,:‘",- li`Appratselt,. ,'.,. Fee ''''" ,:‘,.:,19:4`,. Revf4j)prsi '',.',C•Fee::, •, ,,,.% , IV , ''''.`",,Att`etitey, "," :',',F‘ee''..., " ',,. 1,2,,, , ';,.2,0ther -,-' ',. 'Coat:v.'', 1. .Credits:_13 , ,,,,',,7,,,',1 . '!. ,.-,`: ' ' „14 A, ,,,:RloVitig? ..:'ciiit'ii:, l'.;_::',,,,'„1,54f.,,,, • ',,,,,.:-.R,H.,..-Aili *, ,' `,"i,,t '24,'",1P,'4 ??..D,SS,7:47„,: -,,,,..'; t''.',.*,!- .,'4 .4'':'''' ',,,,_';:t-f,,,'-dq,. ,, ,:,,,", .4,74,:,,,,00:2;., i...., 70TAL,75., 5 A-1 F F $192,075.00 $192,075.00 $192,075.00 $318,634.82 14-Nov-17 $3,987.76 $1,795.94 $38,507.71 $11,291.65— $0.00 $0.00 $0.00 $0.00 $374,217.88 B-1 ' F F $204,490.00 $204,490.00 $204,490.00 $339,230.16 14-Nov-17 $4,245.52 $1,912.02 $40,996.71 $12,021.49 $0.00 $0.00 $0.00 $0.00 $398,405.90 D-1 F F $376,675.00 $376,675.00 $376,675.06 $624,869.30 14-Nov-17 $7,820.33 $3,522.00 $75,516.83 $22,143.85 $0.00 $0.00 $0.00 $0.00 $733,872.31 1 F F $221,390.00 $221,390.00 $221,390.00 $367,265.72 14-Nov-17 $4,596.39 $2,070.04 $44,384.87 $13,015.01 $0.00 $0.00 $0.00 $0.00 $431,332.03 - - - - - - - - - Grand Total: $1,937,828.12 Column Header Notes: 1 Parcel No. As indicated on Exhibit "A" 2 Prop. Type Indicate property type: R=residential, B=business, or F=farm 3 Type of Purchase Indicate purchase type: F=Fee or E=Easement 4 Appraisal Amount Appraisal amount 5 Review Appraisal Revised appraisal amount 6 Offer Amount Amount of written offer 7 Purchase Price Agreed amount of settlement 8 Acq. Date Acquisition date as reflected on deed or other document 9 Appraisal Fee Appraisal fee amount 10 Rev. Apprsl. Fee Review appraisal fee amount 11 Attorney Fee Amount of Attorney fee 12 Other Costs Negotiation, closing and other incidental costs —Explain in comments 13 Credits Amounts received on sale or rental after purchase 14 Moving Costs Amounts paid to displaced persons for moving 15 RHP Replacement Housing Payments to owners or tenants 16 DSS Indicate Sponsor inspection for decent, safe and sanitary housing Comments. *Other Costs= $57,304.42 - Engineering Fees $807.58 - Document Copying and Delivery $360.00 - Negotiator Fees NOTES: * Title insurance is not an eligible cost. ** Show as a negative number so that built-in formula works properly. Appendix 4 - Sponsor Certificate of Title CERTIFICATE OF TITLE FAA Central Region To: Manager, Safety and Standards Branch Subject: McCall Municipal AIP Project No. 3-16-0023-024-2018 Airport This certification is made to satisfy (check both if applicable): ® Part II Section C.10 of the Grant Application (FAA Form 5100-100) for existing airport property ® Grant conditions relative to satisfactory title evidence for land being acquired under this project The City of McCall , Idaho (hereinafter referred to as the "Sponsor"), pursuant to Section 47105(d) of the Federal Aviation Administration Authorization Act of 1994 (and amendments), hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor, as required by obligations of the referenced Grant Agreement with the Federal Aviation Administration. The Sponsor hereby certifies that it holds the quality of title described below, as of the date of the attorney's title opinion on which this certification is based. Parcel Number (Per Exhibit A) Quality of Interest (Fee, Easement*, etc.,) A-1 Fee B-1 Fee D-1 Fee 1 Fee Parcels must be listed. Avoid simply referencing the Exhibit A Property Map. Attach additional sheets as necessary. *The Sponsor certifies that grantors of easements constitute all of the owners of the land affected by such easements, and they had such quality of title in and to such land as to enable them to convey the interest purported to be conveyed in and by the easements granted. No other interests or rights exist which are incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed. Sponsor hereby certifies that the Sponsor or the Sponsor's attorney have reviewed, evaluated and subordinated to airport use where necessary, all encumbrances and that no outstanding encumbrances exist which might affect the maintenance, operation, or development of the airport. Sponsor further certifies that if defects in the title require correction after acceptance of this Certificate of Title by the FAA, the Sponsor accepts full responsibility for clearing such defects, encumbrances, or exceptions at its own expense. This Certificate of Title is based upon a current title opinion dated by the sponsor's attorney {game-ef-atte.FRey), White Peterson. Sponsor certifies that the title opinion referenced above corresponds with the "Exhibit A" airport property map dated 6 -12 -12 AIP project number3 -16 - 0 023 - 01041though specific title evidence documents are not submitted herewith, copies of deeds and other appropriate evidence of title for the land are on file with the Sponsor and are available for inspection by the FAA. It is understood that the FAA reserves the right to require additional information at any time. City of McCall, Idaho Name of Sponsor A or Official Authorized to ign Grant Agreement WM. F. GIGRAY, 1❑ MATTHEW A. JOHNSON JAY J. KIIHA •• LOURDES A. MATSUMOTO WILLIAM F. NICHOLS • WHITE PETERSON ATTORNEYS AT LAW WHITE, PETERSON, GIGRAY & NICHOLS, P.A. CANYON PARK AT THE 1DAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208)466-9272 FAX (208) 466-4405 EMAIL: wjg@whitepeterson.com July 12, 2018 Gary Gates, P.E., FAA Project Engineer Helena Airports District Office 2725 Skyway Drive, Suite 2 Helena, MT 59602-1213 BRIAN T. O' BANNON PHILIP A. PETERSON WILLIAM L. PUNKONEY TERRENCE R. WHITE •• OF COI NSF!. • Also admitted in OR •• Also admitted in WA RE: AIP Project Number 3-16-0023-024-2018 McCall Airport Land Acquisition, McCall, ID • Land Acquisition Parcel No. A-1, Parcel No. B-1, Parcel No. D-1, and Parcel No. 1 Dear Mr. Gates: I represented the City of McCall in an eminent domain action involving the acquisition of the above -referenced Parcels. I therefore have personal knowledge of and have reviewed each of the documents herein referenced. Prior to filing the eminent domain action, we obtained a Litigation or Trustee's Sale Guarantee issued through the Office of AmeriTitle, Inc., P.O. Box 798, 700 S. Main Street, Cascade, Idaho 83611, and issued by Old Republic National Title Insurance Company. There were four (4) separate Litigation Guarantees: • Litigation Guarantee No. ZB-8026026 involved Parcel 1; • Litigation Guarantee No. ZB-8026022 involved Parcel A-1; • Litigation Guarantee No. ZB-8026021 involved Parcel B-1; and • Litigation Guarantee No. ZB-8026020 involved Parcel D-1. We named all persons and entities who were identified in the referenced Litigation Guarantees as defendants and the City of McCall's eminent domain action was filed on June 27, 2016 in the District Court of the Fourth Judicial District of the state of Idaho, in and for the County of Valley, Case No. CV-2016-172-C. Parcel A-1 was the subject of Count I of the Complaint, Parcel B-1 was the subject of Count II, Parcel D-1 was the subject of Count III, and Parcel 1 was the subject of Count 1V. We recorded a Lis Pendens as Instrument No. 399080 in the records of Valley County Recorder's office on June 30, 2016. On July 13, 2016, we received a date down of each of the above -referenced litigation guarantees showing no items being recorded affecting the litigation guarantees except for the Lis Pendens we filed on behalf of the City of McCall. FAA — Attention: Gary Gates, P.E. Helena Airports District Office RE: A1P Project Number 3-16-0023-024-2018 -- McCall Airport Land Acquisition, McCall, 1D July 12, 2018 Page 2 On November 30, 2017, the court entered a Final Order of Condemnation which condemned eachof the above -referenced parcels together with all property interests therein granting to the City of McCall Fee Simple Title therein. The Final Order of Condemnation was recorded as Instrument No. 410360 in the records of Valley County Recorder's office on November 30, 2017. A Release of the Lis Pendens was then recorded as Instrument No. 410436 in the records of Valley County Recorder's office on December 5, 2017. By reason of my knowledge and experience as referenced above and based upon that information, I offer the following opinions: I. The City of McCall is the fee simple owner of the real properties herein referenced as AIP Project Number 3-16-0023-024-2018 being Parcel No. A-1, Parcel No. B-1, Parcel No. D-1, and Parcel No. 1. 2. Each of said Parcels is free and clear of indebtedness. 3. There are no delinquent real property taxes or assessments owing on any of the said parcels. If you have any questions, please contact me. Sincerely, WHITE PETERSON Wm. F. Gigray, III WFG/lh Cc: Jay Scherer, City of McCall Airport Manager W IWorAVNI1MeCall, City of 2168.11Aii portlAirport Expansion - LITIGATION .0561Ltr FAA re certificate of title 7-12-18 th.docx Appendix 5 - Sponsor Certification for Selection of Consultants U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP-110. FAA Form 5100-134 01 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 P/ Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City of McCall, Idaho Airport: McCall Municipal Airport Project Number: AIP 3-16-0023-024-2018 Description of Work: Land Acquisition Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). ❑x Yes ❑ No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). l Yes ❑ No ❑ N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ N/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). ❑x Yes ❑ No ❑ N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). ❑x Yes ❑ No ❑ N/A 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). x❑ Yes ❑ No ❑ N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). ❑x Yes ❑ No ❑ N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). x❑ Yes ❑ No ❑ N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). ❑x Yes ❑ No ❑ N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)). p Yes ❑ No ❑ N/A 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)). p Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 12— day of ' 2018 . Name of Sponsor: City of McCall, Idaho Name of Sponsor's Authorized Official: Jackie J. Aymon Title of Sponsor's Authorized Official: Mayor Signature of Sponsor's Authorized Officia��� J I declare under penalty of perjury that the fegoing is true and correct. I understand that knowingly and willfully providing false information to the f deral government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Appendix 6 - Sponsor Certification for Rea/ Property Acquisition U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-133, Real Property Acquisition — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP-110. FAA Form 5100-133 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Real Property Acquisition Airport Improvement Program Sponsor Certification Sponsor: City of McCall, Idaho Airport: McCall Municipal Airport Project Number: 3-16-0023-024-2018 Description of Work: Land Acquisition Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation assistance are in 49 CFR Part 24. The AIP project grant agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the real property acquisition project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The sponsor's attorney or other official has or will have good and sufficient title as well as title evidence on property in the project. x❑ Yes ❑ No ❑ N/A 2. If defects and/or encumbrances exist in the title that adversely impact the sponsor's intended use of property in the project, they have been or will be extinguished, modified, or subordinated. ❑ Yes ❑ No ❑x N/A 3. If property for airport development is or will be leased, the following conditions have been met: a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with the grant agreement. ❑ Yes ❑ No ❑x N/A FAA Form 5100-133 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. Property in the project is or will be in conformance with the current Exhibit A property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. p Yes ❑ No ❑ N/A 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was or will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. ❑ Yes ❑ No ❑x N/A 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces or to clear other airport surfaces, property interest was or will be obtained for the following: a. The right of flight; b. . The right of ingress and egress to remove obstructions; and c. The right to restrict the establishment of future obstructions. ❑ Yes ❑ No ❑x N/A 7. Appraisals prepared by qualified real estate appraisers hired by the sponsor include or will include the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided to the property owner or representative to accompany appraisers during inspections. 0 Yes ❑ No ❑ N/A 8. Each appraisal has been or will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals as well as review appraisal are available to Federal Aviation Administration (FAA) for review. ❑x Yes ❑ No ❑ N/A 9. A written offer to acquire each parcel was or will be presented to the property owner for not less than the approved amount of just compensation. p Yes ❑ No ❑ N/A 10. Effort was or will be made to acquire each property through the following negotiation procedures: a. No coercive action to induce agreement; and b. Supporting documents for settlements included in the project files. p Yes ❑ No ❑ N/A FAA Form 5100-133 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 11. If a negotiated settlement is not reached, the following procedures were or will be used: a. Condemnation initiated and a court deposit not less than the just compensation made prior to possession of the property; and b. Supporting documents for awards included in the project files. 0 Yes ❑ No ❑ N/A 12. If displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was or will be established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. ❑ Yes ❑ No x❑ N/A 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were or will be provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. ❑ Yes ❑ No x❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 12i day of , 2018 Name of Sponsor: City of McCall, Idaho Name of Sponsor's Authorized Official: Jackie J. Aymon Title of Sponsor's Authorized Official: Mayor Signature of Sponsor's Designated Official Representative. J I declare under penalty of perjury that the foregoing is trueid correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-133 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Appendix 7 - Sponsor Certification for Drug -Free Workplace U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP-110. FAA Form 5100-130 I' U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 it Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of McCall, Idaho Airport: McCall Municipal Airport Project Number: AIP 3-16-0023-024-2018 Description of Work: Land Acquisition Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ❑x Yes ❑ No ❑ N/A FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). p Yes ❑ No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. p Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). p Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. p Yes ❑ No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). 0 Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: McCall Municipal Airport Address: 336 Deinhard Lane, Hangar 100, McCall, ID 83638 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this (L day of , 2018 Name of Sponsor: City of McCall, Idaho Name of Sponsor's Authorized Official: Jackie J. Aymon Title of Sponsor's Authorized Official: Mayor Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Appendix 8 - Sponsor Certification for Disclosure of Potential Conflicts of Interest U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP-110. FAA Form 5100-135 A, U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 «/ Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of McCall, Idaho Airport: McCall Municipal Airport Project Number: AIP 3-16-0023-024-2018 Description of Work: Land Acquisition Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes ❑ No FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). ❑x Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). ❑x Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 'Z day of , 2018 Name of Sponsor: City of McCall, Idaho Name of Sponsor's Authorized Official: Jackie J. Aymon Title of Sponsor's Authorized Official: Mayor Signature of Sponsor's Authorized Official:r.�-- I declare under penalty of perjury that the fgoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 2 Appendix 9 - Aerial Image of Land Acquired N_ N W O H Property tRed) for Aqcuisition, Relocate Parallel Taxiway 15.302 Acres CC 250 250 500 SCALE i• = S00' T-O ENGINEERS 2471 S TITANIUM PLACE MERIDIAN, ID 83642-6703 PHONE: (208) 323-2288 FAX: (208) 323-2399 EFlti I.\110010\A_ahirOheels\ExhoitsCVE.FEB 2916 106 110070 Appendix 9 - Aerial Image of Land Acquired OUTLAY REPORT AND REQUEST FOR REIMBURSEMENT FOR CONSTRUCTION PROGRAMS (See instructions on back) OMB APPROVAL N0. 0348 0002 PAGE OF 11 1 • PAGES 1. TYPE OF REQUEST FINAL ■ PARTIAL 2. BASIS OF REQUEST 0 CASH ■ ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO WHICH THIS REPORT IS SUBMITTED FAA - NMR 4. FEDERAL GRANT OR OTHER IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY AIP 3-16-0023-024-2018 5. PARTIAL PAYMENT REQUEST NO. Final Report 6. EMPLOYER IDENTIFICATION NUMBER 82-6000022 7. RECIPIENTS ACCOUNT NUMBER OR IDENTIFYING NUMBER DOT-FA16NM-2029 8 PERIOD COVERED BY THIS REQUEST FROM (Month, day, year) TO (Month, day, year) March 1, 2012 September 30, 2018 9. RECIPIENT ORGANIZATION Name: City of McCall No. and Street: 216 East Park Street City, State and McCall, ID 83638 ZIP Code: 10. PAYEE (Where check is to be sent if different from item 9) Name: No. and Street: City, State and ZIP Code: 11. STATUS OF FUNDS CLASSIFICATION PROGRAMS — FUNCTIONS -- ACTIVITIES (a) (b) This Period (c) Previous Period TOTAL a. Administrative Expense $ $ $ $ 199,406.12 b. Preliminary Expense 0.00 c. Land, structures, right-of-way 1,650,000.00 d. Architectural engineering basic fees 0,00 e. Other architectural engineering fees 88,422.00 0,00 f. Project inspection fees g. Land development 0,00 h. Relocation expense 0,00 i. Relocation payments to individuals and businesses 0,00 j. Demolition and removal 0,00 k. Construction and project improvement cost 0,00 I. Equipment 0,00 m. Miscellaneous cost 0,00 n. Total cumulative to date (Sum of lines a through m) 1,937,828.12 o. Deductions for program income 0,00 p. Net cumulative to date (Line n minus Line o) 1,937,828.12 1,744,045.00 q. Federal share to date r. Rehabilitation grants (100% reimbursement) 0,00 s. Total Federal share (Sum of Lines q and r) 1,744,045.00 L Federal payments previously requested 0,00 u. Amount requested for reimbursement $ $ $ $ 1,744,045.00 v. Percent of project completed % % % 100% 12. CERTIFICATION I certify that to the best of my knowledge and belief the billed costs of disbursements are in accordance with the terms of the project and that the reimbursement represents the Federal share due which has not been previously requested and that an inspection has been performed and all work is in accordance with the terms of the grant. a. RECIPIENT TURE OF AUTHORI ED C ING OFFICIAL i DATE REPORT SUBMITTED �1((4 74f5 IG/- "-L � �ED OR PRINTED A OR TI Jackie Aymon, Mayor b. REPRESENTATIVE CERTIFYING TO LINE 11V SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TYPED OR PRINTED NAME OR TITLE PREVIOUS EDITION USABLE 271.103 STANDARD FORM 271 (Rev. 7-97) Prescribed by OMB Circular A-102 and A-110 FEDERAL FINANCIAL REPORT Follow form instructi 1. Federal Agency and Organizational Element to Which Report is Submitted Federal Aviation Administration Airports Division 2. Federal Grant or Other Identifying Number Assigned by Federal Agency (To report multiple grants, use FFR Attachment) 3-16-0023-024-2018 Page 1 of 1 I pages 3. Recipient Organization (Name and complete address including Zip code) City of McCall, 216 East Park Street, McCall, ID 83638 4a. DUNS Number 18-892-2611 4b. EIN 82-6000022 5. Recipient Account Number or Identifying Number (To report multiple grants, use FFR Attachment) DOT-FAI8NM-???? 6. Report Type Quarterly Semi -Annual 7. Basis of Accounting p Cash ■ Accrual ■Annual © Final 8. Project/Grant Period (Month, From: March 1, 2012 Day, Year) To: September 30, 2018 9. Reporting September Period End Date (Month, 30, 2018 Day, Year) 10. Transactions II /CA'Mae ns fnr ein..4. n. nn.../.:.....1 .....u:..l.. _—..a I Cumulative ---_._-1 Federal Cash (To report multiple grants separately, also use FFR Attachment): a. Cash Receipts b. Cash Disbursements c. Cash on Hand (line a minus b) (Use lines d-o for single grant reporting) Federal Expenditures and Unobligated Balance: d. Total Federal funds authorized e. Federal share of expenditures f. Federal share of unliquidated obligations q. Total Federal share (sum of lines a and f) h. Unobligated balance of Federal funds (line d minus g) Recipient Share: i. Total recipient share required $1,744,045.00 $1,744,045.00 $0.00 i. Recipient share of expenditures k. Remaining recipient share to be provided (line i minus i) Program Income: I. Total Federal share of program income earned m. Program income expended in accordance with the deduction altemative n. Program income expended in accordance with the addition altemative o. Unexpended program income (line I minus line m or line n) 11. Indirect Expense a. Type b. Rate c. Period From Period To d. Base e. Amount Charged f. Federal Share q. Totals: 12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legislation: 13. Certification: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and intent set forth in the award documents. I am aware that any false, fictitious, or fraudulent information may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) a. Typed or Printed Name and Title of Authorized Certifying Official Jackie Aymon Mayor, City of McCall b. Sign .1 f Authorized Certify' rn ... cial c. Telephone (Area code, number, and extension) (208) 634-7142 d. Email Address jaymon@mccall.id.us e. Date ' eport Submitted (Month, Day, Year) -7 !L vB! yj Standard Form 425 - Revised 10/11/2011 OMB Approval Number: 0348-0061 Expiration Date: 2/28/2015 Paperwork Burden Statement According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is 0348-0061. Public reporting burden for this collection of information is estimated to average 1.5 hours per response, induding time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0061), Washington, DC 20503.