HomeMy WebLinkAboutContracts & Agreements_129-2011_CCv0001.pdf GRANT AGREEMENT
U. S. Department of Transportation
Federal Aviation Administration
Date of Offer; AUG 3 12011 Recipient: City of Redlands (Herein called "Sponsor`)
Project Number: 3-06-0195-012-2011 Airport: Redlands Municipal Airport
OFFER
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States' share, ninety five percent (95%) of the allowable costs
incurred in accomplishing the project consisting of the following:
"Rehabilitate Apron- phase III"
as more particularly described in the Project Application dated 08/2512011
The maximum obligation of the United States payable under this Offer shall be $448,875 for airport development,
$0 for noise program implementation, $0 for land, and $0 for planning.
This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States
Code, herein called Title 49 U.S.C. Acceptance and execution of this offer shall comprise a Grant Agreement, as
provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the
Sponsor.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION Ruben C. Cabalbag
Assistant Manager, Los Angeles Airport District Office
SPECIAL CONDITIONS
Terms and Conditions Signed and Dated on 08/25/2011
Please note that this grant offer may be funded all or in part,with funds from the Small Airport Fund.
ACCEPTANCE
The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein, in
the Project Application, and in the May 2011 "Terms and Conditions of Accepting Airport Improvement Program
Grants" signed on 08/25/2011.
Executed this day of Seoii: `to , 2011
Signature o ponsor's Designated Official Representative
_ Mayor Pete Aguilar
(Seal) Sam rwi , City Clerk Title
CERTIFICATE OF SPONSOR'S ATTORNEY
Art -1 J "c Ao61d 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 California. 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's official representative has been duly
authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the
said State and Title 49 U.S.C. 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.
Executed this 7tLday of , 2011
Signature of Sponsor' tt ney
PROJECT NO.: 3-06-0195-012-2011 DATE OF GRANT OFFER:
ATTACHMENT A: SPECIAL CONDITIONS
AUG 3 12011
1 The sponsor agrees to perform the following:
(a) 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:
(1) 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
(2) 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.
(3) 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 (D3666,
C1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) 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.
(6) 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.
(b) 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.
(c) Failure to provide a complete report as described in paragraph (b), 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.
(d) 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.
2. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport
pavement maintenance management program as is required by the assurance in Section III.C.11 of the
"Terms and Conditions of Accepting Airport Improvement Program Grants". The sponsor shall use such
program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial
assistance at the airport, An effective pavement maintenance management program is one that details the
procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is
performed. An airport sponsor may use any form of inspection program it deems appropriate, however, the
program must, as a minimum, include the following.
(a) Pavement Inventory. The following must be depicted in an appropriate form and level of detail
(1) Location of all runways, taxiways, and aprons
(2) Dimensions
(3) Type of pavement
(4) 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.
(b) Inspection Schedule.
(1) 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 15015380-6, Guidelines and Procedures for Maintenance of Airport Pavements,
the frequency of inspections may be extended to three years.
(2) Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition_
(c) 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.
(1) Inspection date
(2) Location
(3) Distress types
(4) Maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
(d) 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.
(e) Reference. Refer to Advisory Circular 15015380-6, 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.
3. Construction Safety Plan:
It is understood and agreed by and between the parties hereto that the Sponsor shall develop a
construction safety plan that is acceptable to the FAA for the airport construction project as described in
the Project Application and that the United States will not make nor be obligated to make payments
involving the aforesaid airport construction project until the Sponsor has submitted a construction safety
plan that is acceptable to the FAA in and to said airport construction project (or any portion thereof for
which grant payment is sought).
4. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1 You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if
you or a subrecipient that is a private entity–
i. Is determined to have violated a prohibition in paragraph a.1 of this award term, or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a 1 of this award term through conduct
that is either—
A Associated with performance under this award; or
B Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2 CFR
part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity--
1. is determined to have violated an applicable prohibition in paragraph a 1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is
either--
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Non procurement)," as implemented by our agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you
make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the use
of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe. or foreign public
entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe
at 2 CFR 175.25(b).
^ . .
B_ Afor-profit organization,
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given a1section 1O3cfthe TVPA. asamended (22U,SC 7102)
5, This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project
Septemberun|esa this offer has been accepted by the Sponsor on or before ��� �mr 12, 2011. or such
subsequent date asmay beprescribed inwriting bythe FAA.
6969
A RESOLUTION OF TlalF Cf}TY C oUI NCII, Cit='`I'Iw, CITY 0 RI-[)I.ANDS
DESIGNATING ATIN .'1[_'"I110RIZED CITY RFPRES NTATIVf..1iS 'TU APPLY FOR
I'I 1JRF I�T'Df R.AE. AVIATION ,�11MINIS"ITdATION GR I°�t`l``i
WIIFRLAS, dis-cretionarL} anti entitlement grant funding is availahie fc)r tllc City° of,
Redlands' ( 'Citw ) Municipal airport to fa nd on-going capital improwelne_nts proposed in
accordance with the City's Airport klaster Plan, said
W II RI'AS, the City is pre.sently engaged in the pursuit of grant funding to Gadd to and
improve the facilities at the Redlands Municipal Airincart; and
W11FRFAS. the City is required to formally deli nate City rc'prs titrtt<atives who shall he
authorized to execute grant-related documents in accordance wA fcdertal assistance and grant
funding guidelines. and
WHEREAS, the successful implementation of grant funded prgject_s will not only provide
immediate benefit to the airport uses, but will :also enhance the viability of the Redlands
Municipal :airport as an:asset to the City atad the community;
NOW. THEREFORE BE IT RESOLVED BY T"E CITY COUNCIL OF TIIE CITY
OF REDLANDS AS I-OI.I.(.JWS:
Section I. That the klayor of the City of'Redlands, and any- mernb rof'the Redlands Cityv
Council, is authorized to execute in the name a f"the City- of Redlands all applications- contracts.
agrc.etnents and amendments for The purpose of securing grant runds fcar improvements to
bk-
funded by the FAA and/or other agencies at the Rcdltands 110unicipal Airport.- and the City
Manages_ and the City Manager's designee, is authorized to review. prepare, and approve; In the
name of the Citi cif'Redlands .all necessary I-oment. requests. Progress reports artc3 final reports
to implement and carry out the purposes spea iced f€ar such grants.
ADOPTED, SK-INI D AND APPROVED this 20th day of July. -20 i(1.
klavor of the City, of'Redland
4
I, Sam Irwin,. City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
No. 6%9 was duly adopted by the City Council at a regular meeting thereof, held on the 20th
day of July,2010,by the following vote:
AYES: Councilmernbers Bean, Harrison,Gallagher, Aguilar; Mayor Gilbreath
NOES: None
ABSTAIN: None
ABSENT: None
Sam Irwin, City Clerk
Redlands, California