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HomeMy WebLinkAboutState of California Department of Transportation (Caltrans) 2017-02-28STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Ukiah Municipal MEN -3 -16 -2 -MAT COU No. 1617172 CALIFORNIA AID TO AIRPORTS PROGRAM GRANT AGREEMENT - FEDERAL AIRPORT IMPROVEMENT PROGRAM MATCHING FUNDS THIS AGREEMENT, MADE AND ENTERED INTO ON THIS BY AND BETWEEN THE STATE OF CALIFORNIA, Department of Transportation, hereinafter referred to as "STATE," AND THE City of Ukiah, a political subdivision of the State of California, hereinafter referred to as "PUBLIC ENTITY." SECTION I WHEREAS, Section 21683.1 of the California Public Utilities Code authorizes the California Transportation Commission to allocate funds for a portion of the match for Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grants to certain airports upon the recommendations of the Department and pursuant to Department regulations set forth in Title 21, Chapter 2.5, Subchapter 4, Sections 4050, et seq., of the California Code of Regulations; and 2. WHEREAS, pursuant to the above authority, the California Transportation Commission allocated a maximum amount of $10,366 from the Aeronautics Account in the State Transportation Funds by Resolution FDOA-2015-11 dated June 29, 2016, the terms of which are made an express part of this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter expressed, the parties agree as follows: SECTION II 1. PUBLIC ENTITY shall perform or contract for all work necessary to complete the following described airport improvement(s) hereinafter referred to as "IMPROVEMENT:" Airport: Ukiah Municipal Federal AIP Grant No.: 3-06-0268-013-2016 Detailed Project Description: Runway 15-33 Rehab (Design) Items in AIP Grant that are ineligible for State Funding: Total Federal AIP Grant Less cost of ineligible items Total amount of AIP Grant eligible for State Matching MAXIMUM STATE PARTICIPATION: (5% of eligible items in AIP Grant) $207,311 $207,311 $10,366 2. PUBLIC ENTITY shall comply with all special conditions set forth in the Funding Resolution issued by the California Transportation Commission. Page 1 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Ukiah Municipal MEN -3 -16 -2 -MAT 3. PUBLIC ENTITY shall deposit all monies received from STATE for IMPROVEMENT in the Ukiah Municipal Account within the PUBLIC ENTITY's Special Aviation Fund in accordance with Public Utilities Code Section 21684. 4. PUBLIC ENTITY shall allow authorized STATE representatives to inspect the work being performed at any time during construction of IMPROVEMENT. 5. PUBLIC ENTITY agrees to retain all books, records, and accounts relating to this Grant Agreement for a minimum of three (3) years from the date of final payment to PUBLIC ENTITY after completion of IMPROVEMENT, and shall make these documents available for examination by STATE upon request. 6. PUBLIC ENTITY shall comply with all applicable STATE laws and regulations. 7. PUBLIC ENTITY shall indemnify and hold harmless the CALIFORNIA TRANSPORTATION COMMISSION and the STATE and all officials and employees thereof from all claims, suits or actions of every kind, brought for, or on account of, any damage or liability occurring by reason of, or resulting from: anything done or omitted to be done by PUBLIC ENTITY under this Grant Agreement; with respect to the construction, operation and maintenance of the IMPROVEMENT any act or omission by the PUBLIC ENTITY's Contractor or agents during the process of constructing, operating or maintaining the IMPROVEMENT. PUBLIC ENTITY's duty to indemnify and save harmless shall include the duty to defend, as set forth in Section 2778 of the Civil Code. SECTION III STATE shall disburse the STATE's share of the project cost up to $10,366 not to exceed five percent (5%) of payments received by the PUBLIC ENTITY from FAA, in the manner described in paragraph 2 of this section. However, in no event shall the total STATE disbursement exceed the sum of $10,366 unless authorized by supplemental allocation from the California Transportation Commission and an amendment to this Agreement. Upon receipt of request for payment by PUBLIC ENTITY, STATE agrees to make payments by one of the following methods: (a) PUBLIC ENTITY may, no more often than monthly in arrears, submit certifications of the percentage of the work then completed, multiplied by 90 percent of the sum identified in paragraph 1 of this section along with a copy of invoice to the FAA; or (b) PUBLIC ENTITY may submit copies of Contractor's invoices for materials and services delivered as a lump -sum payment request after construction of IMPROVEMENT has been completed, along with a copy of the corresponding invoice sent to the FAA. 3. Regardless of the number of progress payments submitted, 10 percent of the STATE's share indicated in paragraph 1 of this section shall be retained by STATE until final receipt of documentation acknowledging completion an acceptance of IMPROVEMENT by PUBLIC ENTITY. 4. PUBLIC ENTITY shall refund to STATE any portion of the STATE funding share not expended to complete IMPROVEMENT. 5. After the project has been completed and accepted by the FAA. STATE will pay the 10% balance of the withheld STATE funds to PUBLIC ENTITY. Page 2 of 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PUBLIC ENTITY'S ACCEPTANCE City of Ukiah By: ,. Title: c, e e - Date: 0 - _)ys -17 Division of Aeronautics By: GARY CATHEY, Chief 1 • - -•: •� Date: Ukiah Municipal MEN -3 -16 -2 -MAT I hereby certify that allocated funds are available for the period and purpose of the expenditure stated above. By.- Aviation y: Aviation Funding Specialist Date: Page 3 of 3