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U. S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part 1 - Offer
Date of Offer: September 6, 1996
Bush Field Airport
Project No. 3-13-0011-16
Contract No. DTFA06-96-A-80134
TO:
The Augusta-Richmond County Commission
(herein called the "Sponsor")
FROM:
The United States of America (acting through the Federal Aviation Administration,
herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 6, 1996,
for a grant of Federal funds for a project at or associated with the Bush Field Airport which Project
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of
the following:
Construct Connector Taxiway from Runway 17/35 to Apron (700 feet x 90 feet);
Construct FAR 107.14 Security Command Center Offices.
all as more particularly described in the Project Application.
FAA Form 5100-37 (10-89)
Page 1
.,
Project No. 3-1 3-00 J 1-1 6
Bush Field Airport .
Augusta, Georgia
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982, as amended, herein referred to as the n Act, n and/or the Aviation
Safety and Noise Abatement Act of 1979, as amended, and in consideration of (a) the Sponsor's
adoption and ratification of the representations and assurances contained in said Project Application
and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the Project and compliance with the assurances
and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON
BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States'
share of the allowable costs incurred in accomplishing the project, ninety percent (90%) of all
allowable project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this Offer shall be $958,713.
For the purposes of any future grant amendments which may increase the foregoing
maximum obligation of the United States under the provisions of Section 512(b) of the Act,
the following amount is being specified for this purpose:
$958,713 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States' share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the Secretary
shall prescribe. Final determination of the United States' share will be based upon the final
audit of the total amount of allowable project costs, and settlement will be made for any
upward or downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary
shall prescribe, and agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
6. This Offer shall expire, and the United States shall not be obligated to pay any part of the
costs of the project unless this Offer has been accepted by the Sponsor on or before
September 30, 1996, or such subsequent date as may be prescribed in writing by the FAA.
FAA Form 5100-37 (10-89)
Page 2
: ~
Project No. 3-13-0011.;1 6 i
Bush Field Airport
Augusta, Georgia
7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds
spent fraudulently, wastefully,<?r in violation of Federal antitrust statutes, or misused in any
manner in any project upon which Federal funds have been expended. For the purposes of
this grant agreement, the term "Federal funds" means funds however used or disbursed by
the Sponsor that were originally paid pursuant to this or any other Federal grant agreement.
It shall obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. It shall return the recovered Federal share, including funds
recovered by settlement, order or judgment, to the Secretary. It shall furnish to the
Secretary, upon request, all documents and records pertaining to the determination of the
amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court
or otherwise, involving the recovery of such Federal share shall be approved in advance by
the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to
persons which may arise from, or be incident to, compliance with this grant agreement.
Special Conditions
9. It is mutually understood and agreed that if, during the life of the project, the FAA
determines that the grant amount exceeds the expected needs of the Sponsor by $5,000 or
five percent (5%), whichever is greater, the grant amount can be unilaterally reduced by
letter from FAA advising of the budget change. Conversely, if there is an overrun in the
eligible project costs, FAA may increase the grant to cover the amount of the overrun not to
exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of
the increase. Upon issuance of either of the aforementioned letters, the maximum obligation
of the United States is adjusted to the amount specified. In addition, it is mutually
understood and agreed that the sponsor's official representative who is authorized to
execute this Grant Agreement on behalf of the sponsor, or his or her officially designated
successor, is authorized to request FAA concurrence in revising the project description and
grant amount within statutory limitations. A letter from the FAA concurring in the said
requested revision to the project work description and grant amount shall constitute an
amendment to this Grant Agreement.
10. The sponsor agrees to perform the following:
(1.) Furnish a construction management program to FAA prior to the start of construction
which shall detail the measures and procedures to be used to comply with the quality
control provisions of the construction contract, including, but not limited to, all quality
control provisions and tests required by the Federal specifications. The program shall
include as a minimum:
a. The name of the person representing the sponsor who has overall responsibility
for contract administration for the project and the authority to take necessary actions to
comply with the contract.
b. Names of testing laboratories and consulting engineer firms with quality
control responsibilities on the project, together with a description of the services to be
provided.
c. Procedures for determining that testing laboratories meet the requirements of
the American Society of Testing Materials standards on laboratory evaluation, referenced in
the contract specifications (03666, C1077).
FAA Form 5100-37 (10-89)
Page 3
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Project No. 3-1 3-0011'.1 6
Bush Field Airport
Augusta, Georgia
d. Qualifications of engineering supervision and construction inspection
personnel.
e. A listing of all tests required by the contract specifications, including the type
and frequency of tests to be taken, the method of sampling, the applicable test standard,
and the acceptance criteria or tolerances permitted for each type of test.
f. Procedures for ensuring that the tests are taken in accordance with the
program, that they are documented daily, that the proper corrective actions, where
necessary, are undertaken:
(2,) Submit at completion of the project, a final test and quality control report documenting
the results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and reasons for
accepting any out-of-tolerance material. An interim test and quality control report shall be
submitted, if requested by the FAA.
(3.) Failure to provide a complete report as described in paragraph 2, or failure to perform
such tests, shall, absent any compelling justification, result in a reduction in Federal
participation for costs incurred in connection with construction of the applicable pavement.
Such reduction shall be at the discretion of the FAA and will be based on the type or types
of required tests not performed or not documented and will be commensurate with the
proportion of applicable pavement with respect to the total pavement constructed under the
grant agreement.
(4.) The FAA, at its discretion, reserves the right to conduct independent tests and to
reduce grant payments accordingly if such independent tests determine that sponsor tests
results are inaccurate.
11 . It is understood and agreed that unless otherwise approved by the FAA, the Sponsor will
not acquire or permit any contractor or subcontractor to acquire any steel or manufactured
products produced outside the United States to be used for any project for airport
development or noise compatibility for which funds are provided under this grant. The
Sponsor will include in every contract a provision implementing this special condition.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided
by the Act, constituting the contractual obligations and rights of the United States and the Sponsor
with respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL A VIA TI N ADMINISTRATION
FAA Form 5100-37 (10-89)
Page 4
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Project No. 3-1 3-0011- 3 6 "
Bush Field Airport
Augusta, Georgia
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Pert II - Acceptance
The Sponsor does hereby ratify and adopt al/ assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to
comply with al/ of the terms and conditions in this Offer and in the Project Application.
Executed this 17th day of September
, 19 96
THE AUGUSTA-RICHMOND COUNTY
C MISSION
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By
Title Mayor
CERTIFICATE OF SPONSOR'S ATTORNEY
I,
James B. Wall
, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of Georgia. Further, I have examined the foregoing Grant Agreement, and the
actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor
and Sponsor's official representative has been duly authorized and that the execution thereof is in
al/ respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor,
there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my
opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at Augusta, Georgia
this 17th day of September
. 1996
FAA Form 5100-37 (10-89)
Page 5
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Official copy for Augusta-Richmond County's records.
Should be attached to Resolution adopted at
August 6, 1996 Commission-Council meeting.
1. Mayor sign.
2. Lena sign and affix Seal.
3. Attorney sign.
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