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HomeMy WebLinkAboutElizabeth Field Airport Proj No. 3-36-0029-17-09 Runway repairsRESOLUTION 2009-674 ADOPTED DOC ID: 5201 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-674 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 5, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the Federal Aviation Administration in connection with construction services for Project No. 3-36-0029-17-09 for runway crack repairs and sealinl~ proiect at Elizabeth Field Airport~ Fishers Island~ New York, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell U. S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT ORIGINAL Date of Offer 7/22/2009 3-36-0029-'17-09 Project Number The Town of Southhold RECIPIENT: AIRPORT: Elizabeth Field Airport, Fishers Island .(Herein called Sponsor) OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of 95 percent of the allowable costs incurred in accomplishing the proiect consisting of the following: Rehabilitate Runways 12-20 (2,345 L,F. x 100 L.F,) and 7-25 (1,802 LF. x 75 LF,) - Crack Repairs and Sealing - Construction Only See Attached Spec/a/Conditions as more particularly described in the Project Application dated 4/22/09 $176,700 The maximum obligation of the United States payable under this Offer shall be For the purpose of any future grant amendments which may increase the foregoing maximum obligation of the United States under provisions of Section 47108(b) of Title 49 U.S.C., the following amounts are being specified for this purpose: $176,700 for airport development, for land, and .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 offershall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and dghts of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager Airports District Office Special Conditions 1. The Exhibit "A" set forth in Project Application dated 4/22/09, for AlP Project No. 3-36-0029-17-09, is incorporated heroin by roference and made a part heroof. 2. It is understood and agroed by and between the parties heroto that the Sponsor shall submit an Executed Engineering Agreement for Construction Supervision for the professional services necessary to accomplish this project. The procurement of such professional services shall be accomplished in accordance with 49 CFR Part 18. The sponsor agrees to perform the following: 1. 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 roquired by the Federal specifications. The program shall include as a minimum: a. The name of the person roprosenting the sponsor who has overall rosponsibility 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 a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D3666, C1077). d. Qualifications of engineering supervision and construction personnel. e. A listing of all tests roquirod by the contract specifications, including the type and froquency 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. f. Proceduros 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 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. 3. Failure to provide a complete report as described in paragraph 2, 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 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. 4. 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. 4. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport pavement maintenance management program as required by ^irport Sponsor Assurance Number 11. 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 with the provisions in the following outline entitled "Pavement Maintenance Management Program." "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 preventive 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 Dimension Type of pavement 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 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. 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 ^irport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable 4 causes, inspection guidelines, and recommended methods of repair are presented. 5. Trafficking In Persons at Provisions applicable to a recipient that is a private entity. You as the recipient, your employees, sub recipients under this award, and sub recipient's employees may not-- 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 o iii. Use forced labor in the performance of the award or sub awards under the award. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a recipient that is a private entity-- 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 Bo Imputed to you or your sub recipient 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 Government wide debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. 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 sub recipient 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-- Associated with the performance under this award; or ii. Imputed to the sub recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Partl80, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," 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: ii. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C 7104(g}, and Is in addition to all other remedies for noncompliance that are available to us under this award. You must include the requirements of paragraph a.1 of this award term in any sub award you make to a private entity. 6 d. Definitions. For purposes of this award term: 1. "Employee" means either: ii. An individual employed by you or a sub recipient who is engaged in the performance of the project or program under this award; or 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 serviced 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. A for-profit organization. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). FIScl709 ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Master Agreement on Terms and Conditions of Accepting Airport Improvement Program Grants" dated 5/26/2006. Title , The Town of Southhold ,~ Name of Spons~,,~/~_.,~~ Signature of Sp~'nsor's~ Designated Official Representative ~tie ~- CERTIFICATE OF SPONSOR'S ATTORNEY I, .~C)(-~' ./~_. ~ (/"E , 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 ' "'- '~ ?'e..(. [/~.._ . Further, I have examined the foregoing Grant Agreement, and the a~tions taken by said Sponsor relating thereto, and find that the acceptance thereof by saidSponsor and Sponsor's o~cial 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 o~accordance with the terms thereof. Signature of Sponsl~)S Attorney Date DEPARTMENT Of TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL t. Federal Domestic Assistance Catalog No ............. 20-106 2. Functional or Other Breakout ...................... 3-36-0029-17-09 SECTION B - CALCULATION OF FEDERAL GRANT Use only for revisions Latest Approve~ Aajustme nt ~equ~rea Amount + or 1. Administrative expense $ $ $ $1,052.oo 2. Preliminary expense $o 3. Land, structures, right-of-way $0.00 4. Architectural engineering basic fees $0.oo 5. Other architectural engineering fees $o.o0 6. Project inspection fees $45,900.00 7. Land development $o 8. Relocation expenses $o.oo 9. Relocation payments to individuals and businesses $o 10. Demolition and removal $o.oo tt. Construction and project improvement $139,o48.oo t2. Equipment $o.oo 13. Miscellaneous $o.oo 14. Total (Lines 1 through 13) $186,ooo.oo 15. Estimated Income (if applicable) $o 16. Net ProjectAmount(Line 14 minus t5) $186,ooo.oo 17. Less: Ineligible exclusions $0 18. Add: Contingencies $o 19. Total ProjectAmt. (Excluding rehabilitation grants) $186,ooo.oo 20. Federal share requested on Line t9 I $176,7oo.oo 21. Add: Rehabilitation grants requested (100 percent) $o 22. Total Federal grant requested 95% $176,700.0o 23. Grantee share 2.5% $4,650.00 24. Other shares 2.5 % $4,650.00 25. Total Project (Lines 22, 23, and 24) $ $ $ $186,ooo.oo FAA Form 5100-100 Page 9 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATIO~ SECTION C - EXCLUSIONS Ineligible for Excluded from Classification Participation Contingency Provision 26. (1) (2) a. $ $ b. C. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ $4,650.00 a. Securities 0 b. Mortgages 0 c. Appropriations (by applicant) 0 d. Bonds 0 e. Tax Levies 0 f. Non Cash 0 g. Other (Expla in) 0 h. TOTAL - Grantee Share $4,65o.00 28. Other Shares a. State $4,650.00 b. Other 0 c. Total Other Shares $4,650.00 29. TOTAL $ $9,300.00 SECTION E - REMARKS FAA Form 5100-100 Page 10