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HomeMy WebLinkAboutFederal Aviation Administration Augusta Richmond GA DOCUMENT NAME: ;:; Ip ! 4/, 1 . fL}-1 .L / ! e.-{/c.;ra 1/t/IAr/0/7 f!1{/J1~/r);srrc:-r"oY) DOcUMENTTYPE: .0, 9{ee/YJ-e/l!- YEAR: / qq~ BOX NUMBER: ) FILE NUMBER: /;2 ??-[; NUMBER OF PAGES: Co .. ~, , I ~ 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 ;j 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 .' . , ; .. / Project No. 3-1 3-0011- 3 6 " Bush Field Airport Augusta, Georgia \,;...", ,. , .,' . 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 ,./- ..,/'W' . _ ."r ';. -.. ".\. ',' '" . ISE~L)~ ..:: ~~ .... ~...... "'t~..\ ". --- \\</;':~~~;; ~ _-, Attest: -'. . < " I'. .._ ),. -'';; .:~ ..~. J,r- "",..,'~ .........-. ='-. -~~ .. .~~ Title r Clir;l<" 0 -""""'~. .....:... ..J -_~-::t~~ -,,;"':;~.I" ", ';"'. /. ....., '" -' . - ":'.'", .". ... {fr ~ ~..... -y~~ -;',:", .~ ~ "'- .. - -.;.. "'" -- ".,~ - ..;--........ 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 ~, , . - -:- ..~:. -:::,.....-.., /..... ~...-':::::::~.:.,..;'-i . I'!:.... ...."''''''' .~-- -,,,:-",:' /~'~-";,-~-' , 'i'" ..;J ;::1 ;..' ":::!: =J ':) ?- -/ . /" . 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. .r /".-.. .............1' .,... ~ ",., - ." -- ~ .""'