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HomeMy WebLinkAbout05777 - FAA GRANT AGR TO IMPROVE TERMINAL COMPLEX PHASE II GRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of offer: IITAY 19 229 Recipient: City of Palm Springs (Herein called "Sponsor") Project Number: 3-06-0181-045-2009 Airport: Palm Springs International 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. "Improve Terminal Building—continue phase II" as more particularly described in the Project Application dated 0 111 3/20 0 9. The maximum obligation of the United States payable under this Offer shall be $2,069,695 for airport development, SO 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. �f /j Q UNITED STATES OF AMERICA � e� FEDERAL AVIATION ADMINISTRATION Ruben C. Cabalbag Assistant Manager, Los Angeles Airpo ' istrict Office SPECIAL CONDITIONS Terms and Conditions Signed and Dated on 01/12/2009 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 01/12/2009. Executed this Z day of HA`( 2009_ c ST: , - Signature of Sponsor's DesOvstrdOfficial Representa DAVID H. READY, City Manager fY; eal) i y er Title CERTIFICATE OF SPONSOR'S ATTORNEY 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 ter s e Yet Executed this day of NP, _, 2009 Signature of Sponsor's Attorney APPROVED BY CITY COUNCIL PROJECT NO.: 3-06-0181-045-2009 DATE OF GRANT OFFER; MAY e 9 2111H) ATTACHMENT A: SPECIAL CONDITIONS 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 June 18, 2009, or such subsequent date as may be prescribed in writing by the FAA. r•7 GRANT AGREEMENT V. S. Department ofTmnsportation Federal Aviation Administration Date of Offer: r i,(- _ . ') Recipient: City of Palm Springs (Herein called "Sponsor") Project Number: 3-06-0181-044-2009 Airport: Palm Springs International 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 casts incurred in accomplishing the project consisting of the following: "Improve Terminal Building—phase II" as more particularly described in the Project Application dated 01/13/2009. The maximum obligation of the United States payable under this Offer shall be $1,708,988 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. 4 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Ruben C. Cabalbag Assistant Manager, Los Angeles Airports District Office SPECIAL CONDITIONS Terms and Conditions Signed and Dated on 01/12/2009 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 01/1212009. Executed this 23rd&y of February, 2009 EST: Signature of Sponsor's DesiOfficial Representative DAVID H. READY, City Manager eal) ity erk Title CERTIFICATE OF SPONSOR'S ATTORNEY 1 Diego Santana , 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 23r4ayofFebruar Y , 2009 Signature of Sponsors Attorney Diego Santana FOR:DOUGLAS HOLLANDr APPROVED BY CITY COUNCIL, PROJECT NO.: 3-06-0181-044-2009 DATE OF GRANT OFFER: rrl• 1 J _J f ATTACHMENT A: SPECIAL CONDITIONS 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 (PU) 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 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 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. 3. This Phase I grant is intended to be the first phase of a two-phase project. The bidding of the entire project will be completed with sufficient time to properly apply for a Phase II grant prior to August 15, 2009. The Phase II grant funding will be the difference in funding necessary for Federal share of the entire project less the Phase I funding, subject to available Sponsor entitlements and/or the announcement of discretionary funds. The FAA makes no commitment of funding beyond the Sponsor's available entitlements pursuant to law. If the project does not receive acceptable bids, or sufficient funding is unavailable, the FAA has the option to close this grant and recover the funds.