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HomeMy WebLinkAboutContracts & Agreements_32-2009_CCv0001.pdf GRANT AGREEMENT U S. Department of Transportation Federal Aviation Administration Date of Offer: Recipient: City of Redlands (Herein called "Sponsor") Project Number: 3-06-0195-010-2009 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: "Construct aircraft wash area-phase I" as more particularly described in the Project Application dated 02/01/2009. The maximum obligation of the United States payable under this Offer shall be $65,037 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 I comprisela Grpnt Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations rights;of5Un' d States and the Sponsor. UNITED STATES OF AMERICA Q. strong FEDERAL AVIATION ADMINISTRATION Brian trongg Manager, Los Angeles Airport'Kistrict Office SPECIAL CONDITIONS Terms and Conditions Signed and Dated on 01/20/2009 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 November 2008 "Terms and—Conditions/of Accepting Airport Improvement Program Grants"signed on 01/20/2009. Executed this 3rddav of March 2009_ Signat e of Sponsor's Designated Official Representative MAYOR (Seal) Title Attest:, CERTIFICATE OF SPONSOR'S ATTORN Trrie P r-; City Clerk Daniel J. McHugh , acting as-Attorney for the S`N/nsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the iaws of California. Further, I have examined the foregoing Grant Agreement, and the actions taken bysaid 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 3rd day of March 2009 Signature of Spon'tr's Attorney . . PROJECT NO.: 3-06-8195-010-2009 DATE OF GRANT OFFER: ATTACHMENT A: SPECIAL CONDITIONS 1. The sponsor agrees b) perform the following: (e) 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, inc|uding, but not limited to, all quality control provisions and baata required by the Federal specifications. The program shall include maaminimum: (1) The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authorfty to take necessary actions to comply with |hecontnaot. (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, C1O77). (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 samp|ing, the applicable bast mtandand, and the acceptance criteria or tolerances permitted for each type oftest. (6) Procedures for ensuring that the tests are taken in accordance with the prognann, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. (b) Submit at completion of the pnoject, o final test and quality control report documenting the results of all tests perfonnod, 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 rnabaho|. An interim test and quality control report shall be submitted, if requested by the FAA. (c) Failure to provide g complete report as described in paragraph (b), orfailure ho perform such besto, sha||, absent any compelling justiDmadon, 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 F/V\, 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 aproject tonop/ooeorreoonetruotpamarnentmttheoirport. theaponsorahaUinnp|amentaneffenUmeairpod pavement maintenance management pno0nann as is required by the assurance in Section |||.C.11 of the ^Tmnns and Conditions of Accepting Airport Improvement Program Grants". The sponsor shall use such program for the useful life of any pavement constructed, reconatrVcted, 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 oeeune that proper pavement mnainbenonce, both preventive and napoir, is performed, An airport sponsor may any form of inspection program it deems appnophmte, hovvevor, the program nnuot, as minirnVrn. include the following: (a) Pavement Inventory. The following must bedepicted inanappropriate form and level ofdetail: (1) Location ofall runways, taxiways, and aprons (2) Dimensions (3) Type ofpavement (4) Year ofconstruction ormost 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. (u) Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history ofrecorded pavement deterioration is available, ie.. 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 beextended tVthree years. (2) Drive-by Inspection. Adrive-by inspection must beperformed ominimum ofonce per month todetect unexpected changes inthe pavement condition. (b) Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for e minimum of five years. The types of distress, their |ooationo, and remedial aotion, scheduled or performad, must be documented. The minimum information to be recorded is listed below. (1) Inspection date (2) Location (3) Distress types (4) Maintenance scheduled orperformed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. (u) 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 beretrieved ioprovide oreport bzthe FAA aomay berequired. (d) 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 aneffective maintenance program. Specific types of d(e<reas, their probable oouoea, inspection guido|inem, and recommended methods of repair are presented. 3. 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 March 3, 2009, or such subsequent date eemay buprescribed 1nwriting bythe FAA.