HomeMy WebLinkAboutA6696 - FAA - GRANT REHAB RUNWAY PHASE 2 A�tb
U.S.Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer April 21, 2015
Airport/Planning Area Palm Springs International
AIP Grant Number 3-06-0181-053-2015
DUNS Number 072522006
TO: City of Palm Springs
(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 December 23, 2014, for a
grant of Federal funds for a project at or associated with the Palm Springs International Airport,which is
included as part of this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Palm Springs International Airport (herein called the
"Project")consisting of the following:
Rehabilitate Runway Lighting 13R/31L, Rehabilitate Runway 13R/31L—phase 2 construction
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified,49 U.S.C.40101, et seq.,and the former Airport and Airway Improvement Act of
1982(ARIA),as amended and recodified,49 U.S.C.47101, et seq., (herein the AAIA grant statute is
referred to as "the Act"),the representations contained in the Project Application,and in consideration of
(a)the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsors
acceptance of this Offer, and (b)the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided,
THE FEDERALAVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 90.66 percent of the allowable costs incurred accomplishing the Project as
the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
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1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$10,788,409.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation
of the United States under the provisions of 49 U.S.C. §47108(b),the following amounts are being
specified for this purpose:
$0 or planning
$10,788,409 for airport development
$0 for land acquisition.
The source of this Grant may include funding from the Small Airport Fund.
2. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be
made in accordance with the regulations, policies and procedures of the Secretary. 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. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement,and the
regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the
assurances which are part of this agreement.
S. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date.This offer will expire and the United States will 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 May 29, 2015, or
such subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds.The Sponsor must 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 "Federal funds" means funds however used or dispersed by
the Sponsorthat were originally paid pursuant to this or any other Federal grant agreement. The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds. The Sponsor must return the recovered Federal share, including funds recovered by
settlement,order,orjudgment,to the Secretary. The Sponsor must 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
require advance approval by the Secretary.
8. United States Not Liable for Damage or Iniurv.The United States is 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.
9. System for Award Management (SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required underthis grant, or receives the final
payment,whichever is later.This requires that the Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information or
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another award term.Additional information about registration procedures may be found at the SAM
website(currently at http://www,sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS number to the Sponsor. A subrecipient means a consultant,contractor,or
other entity that enters into an agreement with the Sponsor to provide services or other work to
further this project, and is accountable to the Sponsor for the use of the Federal funds provided by
the agreement,which may be provided through any legal agreement,including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its
DUNS number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. (D & B)to uniquely identify business entities.A DUNS number
may be obtained from D &B by telephone (currently 866-492-0280) or the Internet (currently at
http://fedgov.dnb.com/webform).
10. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or
five percent(5%),whichever is greater,the FAA can issue a letterto the Sponsor unilaterally reducing the
maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if
there is an overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States, the
FAA can issue a letterto the Sponsor amending the grant description.
By issuing an Informal Letter Amendment, the FAA has changed the grant amount orgrant description to
the amount or description in the letter.
12. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may
suspend,cancel,or terminate this grant.
13. Financial Reportine and Payment Reauirements.The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
14. Buy American. Unless otherwise approved in advance 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 which funds are provided under this grant. The Sponsor will
include a provision implementing Buy American in every contract.
15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. §47108(b),as
amended,the maximum obligation of the United States,as stated in Condition No. 1 of this Grant Offer:
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land project.
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part
200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on
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the Federal Audit Clearinghouse's Internet Data Entry System at httP:Hharvester.census.gov/facweb/. The
Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office.
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a
contractor, person,or entity.
18. Ban on Textin¢While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving,October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
of,the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving;and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
19. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions)that apply to any entity
other than a State, local government, Indian tribe,or foreign public entity. This includes private
Sponsors, public Sponsor employees,subrecipients of private or public Sponsors (private entity)are:
1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is
in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect;or
3. Using forced labor in the performance of the agreement, including subcontracts or subagreements
under the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA,Section 106(g)of the
Trafficking Victims Protection Act of 2000(TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to
unilaterally terminate this agreement, without penalty, if a private entity-
1. Is determined to have violated the Prohibitions;or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is
either:
a. Associated with performance under this agreement;or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by the FAA at 49 CFR Part 29.
20. Exhibit"A" Property Map. The Exhibit "A" Property Map dated December 2, 2010, is incorporated herein
by reference or is submitted with the project application and made part of this grant agreement.
21. Lighting.The Sponsor must operate and maintain the lighting system during the useful life of the system in
accordance with applicable FAA standards.
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22. Pavement Maintenance Management Program.The Sponsor agrees that it will implement an effective
airport pavement maintenance management program as required by Grant Assurance Pavement
Preventive Management.The Sponsor agrees that it will use the program for the useful life of any
pavement constructed, reconstructed,or repaired with federal financial assistance at the airport.The
Sponsor further agrees that the program will
A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements,"for specific guidelines and procedures for maintaining airport pavements, establishing an
effective maintenance program, specific types of distress and its probable cause,inspection guidelines,
and recommended methods of repair;
B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive
and repair, is performed;
C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval,and
Reference, meeting the following requirements:
1. Pavement Inventory.The following must be depicted in an appropriate form and level of detail:
a. Location of all runways,taxiways,and aprons;
b. Dimensions;
c. Type of pavement, and;
d. Year of construction or most recent major rehabilitation.
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 the Advisory Circular 150/5380-6,the frequency of inspections may be extended to
three 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. For drive-by inspections,the date of
inspection and any maintenance performed must be recorded.
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 type
of distress, location,and remedial action, scheduled or performed, must be documented. The
minimum information is:
a. Inspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.
4. Information Retrieval System. The Sponsor must be able to retrieve the information and records
produced by the pavement survey to provide a report to the FAA as may be required.
23. Project which Contain Paving Work in Excess of S500.000.The Sponsor agrees to:
A. Furnish a construction management program to the FAA prior to the start of construction which
details 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 must include as a minimum:
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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 the testing laboratories meet the requirements of the American
Society of Testing and Materials standards on laboratory evaluation referenced in the contract
specifications (D 3666, C 1077).
a. 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,and 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 that did not meet the applicable test
standard. The report must include the pay reductions applied and the reasons for accepting any out-
of-tolerance material. An interim test and quality control report must 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,will,
absent any compelling justification; result in a reduction in Federal participation for costs incurred in
connection with construction of the applicable pavement. Such reduction will 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 test results are inaccurate.
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,consti-
tuting 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
F7717
ON
Patrick J. Lammerding
(Type Nome)
Los Angeles Airports District Office
Assistant Manager
(Title)
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PART II-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 in this Offer and in the Project Application.
I declare under penalty of perjury that the fore true and correct.'
Executed this ��� g ing is day of Zp�'j 1
City of Palm Springs �RV
(Name of
._...................
(Signature of sponsor's Designo iciol Representative) ...
APPROVNC) U1C!7[C.Oi; l 11 By: Om&
`� (Typed Nome of Sponsor's Des noted Official Representative)
Title: C1W MANAGER
-....... ......
(Title of Sponsor's Designated Official Representative)
CERTIFICATE OFSPONSOR'S ATTORNEY
I, 4U-4 Acting as Attorney for the Sponsor do hereby certify:
That in my opi.niqlf the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws
of the State of 1rdU140r . 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 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 at7this 244;6- day of )-c f S'
By:
(Sign a of Sponsor's Attorney)
ATTEST:
ji�Clerk
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or bath.
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