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2002-09-01-R
CITY-OF-BATESVILLE
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2002-09-01-R
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�W11. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds <br /> the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally <br /> reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the eligible project costs,FAA <br /> may increase the grant to cover the amount of overrun not to exceed the statutory fifteen(15%)percent limitation,and will advise <br /> the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters,the maximum obligation of the United <br /> States is adjusted to the amount specified. <br /> 12. If a letter of credit is to be used, the sponsor agrees to request cash drawdowns on the authorized letter of credit only when <br /> actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to <br /> adhere to this provision may cause the letter of credit to be revoked. <br /> 13. The Sponsor agrees to perform the following, if this project contains more than$250,000 of paving: <br /> a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and <br /> procedures to be used to comply with the quality control provisions of the construction contract,including,but not limited <br /> to, all quality control provisions and tests required by the Federal specifications. The program shall include as a <br /> minimum: <br /> 1. The name of the person representing the sponsor who has overall responsibility for contract administration for the <br /> project and the authority to take necessary actions to comply with the contract. <br /> 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, <br /> together with a description of the services to be provided. <br /> 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and <br /> Materials standards on laboratory evaluation referenced in the contract specifications(D 3666,C 1077). <br /> 4. Qualifications of engineering supervision and construction inspection personnel. <br /> 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken,the <br /> method of sampling,the applicable test standard, and the acceptance criteria of tolerances permitted for each type of <br /> test. <br /> 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and <br /> that the proper corrective actions,where necessary,are undertaken. <br /> b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, <br /> highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions <br /> applied and reasons for accepting any out-of-tolerance material. An interim test and quality control report shall be <br /> submitted, if requested by the FAA. <br /> c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any <br /> compelling justification,result in a reduction in Federal participation for costs incurred in connection with construction of <br /> the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of <br /> required tests not performed or not documented and will be commensurate with the proportion of applicable pavement <br /> with respect to the total pavement constructed under the grant agreement. <br /> d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if <br /> such independent tests determine that sponsor test results are inaccurate. <br /> 14. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and specifications identified as <br /> Sponsor contracts. <br /> FAA Form 5100-37(10-89)Development or Noise Program Page 3 of 5 Pages <br /> ASW Form 5100-37(7/10) <br />
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