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HomeMy WebLinkAboutContracts & Agreements_165A-2003_CCv0001.pdf Ow U.S Department Westem-Pacific Region Federal Aviation Administration of Transportation Airports Division P.O.Box 92007 Los Angeles,CA 90009-2007 Federal Aviation Administration August 21, 2003 Mr. Charlotte Kranenburg VO Airport Manager 6lA or, I I� City of Redlands ((tA Municipal Utilities OV 35 Cajon Street, Suite 15A Redlands, CA 92373 Dear Ms. Kranenburg: The Redlands Municipal Airport, fiscal year 2003 Airport Improvement Program Project No. 3-06-0195-07, Contract No. DTFA08-03-C-21669, has been approved. Enclosed are the original and four copies of a grant offer, under which the United States commits itself to participate in the allowable cost of the project not to exceed $1, 793, 107.00. Your acceptance of the grant offer will obligate the City of Redlands to accomplish the described development. An official of the sponsor shall accept the offer on or before the date specified in paragraph 6, page 2 of the grant offer by signing the enclosed instruments in the space provided. C 1W t,tt�, 4,,) 0.4-'1 FAA 1111,,,re4. ftl Ack The date of the execution OoV�theel�qrant offer should be the same as, or' later than, the date of the resolution. The certificate of sponsor's JW-L=, attorney shall be the same as, than, the date of execution. When the documents are fully executed, certified, attested, and appropriate seals impressed, please return the original and three copies of the grant agreement to this office. of Sincerely, V, Ruben Cabalbag, Supervisor, Standards Section Enclosures U.S. Department of Transportation - Federal Aviation Administration GRANT AGREEMENT Parti—Ofer Date ofOffer: August 21. 2003 Redlands Municipal Airport Project No. 3-U6- 195-07 Contract No, DTFA08-03-C'21669 TO: City mtRedlands (herein called the°Sponaor") FROM: The United States ufAmerica (acting through the Federal Aviation Administration, herein called the"FAA") WHEREAS, the Sponsor has submitted to the FAA Project Application dated January 7, 2003, for a grant of Federal funds for a project at or associated with the Redlands Municipal Airport Area which Project Applications, as approved by the FAA, are hereby incorporated herein and made part hereof; and WHEREAS,the FAA has approved a project for the Airport or Planning Area (herein called the"Project") consisting cfthe following: Rehabilitate Runway 8/2G. approximately 4.GU5feet by7Sfeet, ino(uding -; Rehabilitate parailel taxiway and taxiway connectors, approximately 4,505 feet by 3Gfeet, including markingmarking. all aomore particularly described |nthe Project Application, NOW THEREFORE,pursuant to and for the purpose ofcarrying out the provisions of the Airport and Airway Improvement Act of1gU2. aaamended bythe Airport and Airway Safety and Capacity Expansion Act of1Q87. herein called the"Act,"and/or the Aviation Safety and Noise Abatement Act of 1979, 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 OFTHE UNITED STATES, HEREBY OFFERS AND AGREES bzpay, aothe United States share ufthe allowable costs incurred in accomplishing the Project, Q0.00penoantum. The Offer iemade mnand subject tuthe following terms and conditions: Conditions 1. The maximum obligation cfthe United States payable under this offer shall bm$1.7S3.1O7.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions cf Section 512(b)ofthe Act,the following amounts are being specified for this purpose: $ for planning $ 1.783.107,00 for airport development ornoise program ' . implementation. 2. The allowable costs ofthe project shall not include any costs determined bvthe FAA tobeineligible for consideration aaUmallowability 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 ofthe United 8toh*s share will bebased upon the final audit ofthe total amount nfallowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of onmto. 4. The sponsor shall carry out and complete the Project without undue delays and inaccordance 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 ofthe project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 8. This offer shall expire and the United States shall not beobligated topay any part ofthe costs ofthe p project unless this ofherhas been accepted bythe sponsor onorbefore August 28,2083. orsuch subsequent 'date aomay baprescribed inwriting bythe FAA, 7, The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term °Fedeualfunds°rneanmfundahoxveverusedordiabursedbythesponsorthedvvenoohQina{|ypeidpunsuant bmthis orany other Federal grant agreement. |tshall obtain the approval ofthe Secretary amioany determination mfthe amount ofthe Federal share ofsuch funds. |tshall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. |tshall furnish tothe Secretary, upon request, all documents and records pertaining to the determination of the amount ofthe 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 |nadvance bythe 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. Page 2ofOPages ^ . A. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon basis of preliminary plans and specifications; and the parties hereby covenant and agree that within ' 18Ucalendar days from the date ofacceptance ofthis Grant Offer the Sponsorshod|furnishfina(p(aOoand specifications tuthe FAA and that noconstruction work will becommenced hereunder nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved bythe FAA; and the parties do hereby further covenant and agree that any reference made inthis Grant Offer urinthe aforesaid Project application to plans and specifications shall be considered as having reference tmsaid final plans and specifications aysoapproved. 10. Buy American Requirement. Unless otherwise approved bythe FAA, itwill not acquire orpermit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States bnbeused for any projects for airport development ornoise oornpabbi|dvfor which funds are provided under this gronL The sponsor vvi|| include inevery contract eprovision ' implementing this special condition. 11. Pavement Maintenance Management Program: For eproject toreplace orreconstruct pavement sdthe airport,the sponsor shall implement an effective pavement maintenance management program as is required bvAirport Sponsor Assurance Number 1i. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, As a minimum,the program must conform to the provisions in the attached outline entitled "Pavement Maintenance Management Pnogrern". . 12. Letter of Credit: The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required, It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 13. Informal Letter Amendment mfAIPProjects: |tismutually understood and agreed that if, during the life ofthe project, theFAAdedamnineathotihemoxirnunngrantob|i8ationofthaUndodSteteaexceadothe expected needs of the Sponsor by$25,000.00 or five percent(5%),whichever is greater,the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. |tiafurther understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States,the change in grant description will beunilaterally amended byletter from the FAA. Upon issuance ofthe aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended hothe description specified. 14. The Sponsor agrees toperform the following: 1. Furnish e construction management program to FAA prior to the start of construction which mhmU detail the maomunos and procedures to be used to comply with the quality control provisions of the construction oontnact, induding, but not Unnik*d to, all quality control provisions and tests required by the Federal specifications. Theprognamshaii /no/ude aaominimum: 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 adescription ofthe services b> beprovided. u' Procedures for determining that baaUng laboratories meet the requirements of the American Society ofTesting and Materials standards omlaboratory evaluation, referenced inthe contract specifications (Q3GGG, C1O77)� d. Qualifications of engineering supervision and construction inspection personnel. e' A |imbnQ of all tests required by the contract specifications, including the h/pa and frequency of tests to be baken, the method of sampling, the applicable test standard. and the acceptance ohbmha or tolerances permitted for each type oftest, Page 3of8Pages � ~ 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 atcompletion of the pnoject, a final test and quality control report documenting the results of all b»mbu perforned, highlighting those basba that failed or did not meet the applicable bast standard. The report shall include the pay reductions applied and reasons for accepting any out-of-tolerance material. Auinterim test and quality control report shall be submitted, ifrequested bvthe FAA. 3. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent ofany compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall beatthe 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 LVto| pavement constructed under the grant agreement. 4. The FAA at its disonabon, ruaen/am the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor tests results are inaccurate. 15. The attached new Part V Assurances are hereby substituted in lieu of those in the Sponsor's Project .Application and made apart hereof. ` 16' Maximum Obligation Increase for NwnprirnaryAirports: |naccordance with Section 471OO(b)of thm/��. mmonnended. themaxirnumnoWigationoftheUnitmdStehes. asste�dinCond1tionNo. 1of' this Grant Offer: a. may not beincreased for aplanning project; b. may beincreased bynot more than 15percent for development projects; o. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. Page 4ofGPages � The Sponsors acceptance ofthis Offer and ratification and adoption ofthe Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafterprovided, 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 aeprovided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance ufthis Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Name) &it ^[T�e) ard� 8eu�mn ~~~ Part 11 - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions inthis Offer and inthe Project Application. Executed this ofAugust, 2O03 (Name of Sponsor) By (SEAL) (Sponsor's Designated Official Title Mayor Title: — City Clerk CERTIFICATE OF SPONSORS ATTORNEY 1, Daniel 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 California. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsors official representative has been duly authorized and that the execution thereof is in all respects due and proper 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 � �� === day of Auqust . 2003, PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance,both preventative and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail- • Location of all runways, taxiways, and aprons * Type of pavement * Dimensions * Year of construction or most recent major rehabilitation For compliance with the Airport Improvement Program assurances,pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6. Guidelines and Procedures for Maintenance of Airport Pavements,the frequency of inspections may be extended to 3 years. b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition, 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required, 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress,their probable causes, inspection guidelines, and recommended methods of repair are presented. Page 6 of 6 Pages _tF •..• ♦:�. y w• !• i Y' # i a M - w♦ Ii..tx w i t �. • iii at _i i„. • t •i' _i•a :r E• i V • ttt- „A + F• „s- x ri• s is a i t _ .,# •• R - • i.w .,w .t t .E •r i a f•er: „9 •r ..t i t - r♦ "'+i I w i�.. •r{ •• • „*„� a-♦t _s•w:..i r ♦^ • s •t _# t •'' • i Yap• .,-.• L :.,Y- „y,.. t ..s r^ ♦w ..sa! s wa N•stta tit • •rs _t i r :,.•r • 4 t - i • ^ r.;..w :,, .rt• Xt • t ` •' t - Y +- ,• #t •• x ♦ t =ix i' • t ....`\, _t ,w- , `!G! •! • +� ft tl t • ... ' L •• ' - t `e• • i _� { .,s t a +. �r• _ ..t •• ..$ s • it s t' r • i _Sl♦ • Z x:+ ♦ ri • {I• .,.t • A•'\V ! .t t:... 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Ft# ♦ w i .r 'tt:ti '# •t{- • ••tr ^" • - - 150/5345-28D, CHG 1 Pression Approach Path Indicator(PAPt)Systems 15015345-39B, CHG 1 FAA Specification L&Z, Runway and Taxiway Centarime Retroreiective k arkers 15015345-42C,CHG 1 Specificafion for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories 150153345-43E Specificafion for Obstruct n Lighting Equipment 150/534544F,CHG 1 Specification for Taxiway and Runway Signs 1501454.5.45A Lightweight Approach Light Structure 15O 5345-46A Specification for Runway and Ta dway Light FDtzw 150/5345-47A !solation Transformers for Airport Lighting Systems 150/534&49A Specification L854, Radio Control Equipnxmt 15015345-50,CHG 1 Specification for Portable Runway Ligtft 15015345-51,CHG 1 Specification for Disct�Type Flamer Equipment 15DP'345-52 Generic Visual GGdesiope kxkmtom(GVGi) 150/5345 WA Airport Lighting Equipment Certification Program (including addendum) 150/5360-9 Planning and Design of Airport Terminal Facies at NonHub Loraions 15015360-12A Airport Signing&Graphics 15015360-13,CHG 1 Planning and Design Guidance for Airport Termirial Fac ilitres 15015370-2C Operational Safety on Airport,During Const ructim 15t}15`370-6B Construction Progress and Inspection ReportAirport Grant Program 150/5370-14A, CHG 1,2, Standards for Specifying Construction of marts 3=4,5,6,7,8,9 15015370-11,CHG 1 Use of Nondestructive Testing Devices in the Fvattiation of Airport Pavements 15015370-12 Quality Control of Construction for Airport Grant Projects 15015390-2A Heliport Design 15015390-3 Vertiport Design