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HomeMy WebLinkAboutRES NO 144-14RESOLUTION NO. 144— 1 4 A RESOLUTION ACCEPTING THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT FOR FUNDING FOR THREE SPECIFIC DESIGN PROJECTS AT THE BAKERSFIELD MUNICIPAL AIRPORT UNDER AIRPORT IMPROVEMENT PROGRAM PROJECT NO. 3 -06- 0323 - 018 -2014 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE AND CITY ATTORNEY OR DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. WHEREAS, the City of Bakersfield has applied for an allocation of funds through the U.S. Department of Transportation Federal Aviation Administration (FAA); and WHEREAS, the attached Grant offer through the Airport Improvement Program (AIP) approved by the FAA indicates that funding is available for three specific design -only projects at the Bakersfield Municipal Airport pursuant to AIP Project No. 3 -6- 0323 -018 -2014; and WHEREAS, FAA funds will provide 90% of funding for project costs with general aviation funds providing the 10% local match requirement; and WHEREAS, grant funds will be used for the following three improvement projects at the Bakersfield Municipal Airport: 1. Northeast Hangar Taxilane Rehabilitation (Design- only); 2. Northwest Apron Rehabilitation (Design - only); 3. Main Apron Rehabilitation (Design - only); and WHEREAS, the initial estimate for all three projects total $165,000 of which $150,000 is FAA grant and $15,000 Aviation Funds. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Authorizes the City Manager, or designee, and the City Attorney, or designee, to accept grant funds and execute the grant agreement or any other necessary documents with the FAA for AIP Project 6AK # 3 -06- 0323 -018 -2014. 9p S: \Airport \Resolutions \Resolution - AIP 3 -6- 0323 - 015- 2014.doc U - Page 1 of 2 Pages- ORIGIN HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 13 2014 , by the following vote: AYES NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVIRA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCIL MEMBER Noy,& - COUNCIL MEMBER NO'^4- COUNCIL MEMBER Not,-A— APPROVED AUG 13 2014 CITY CLERK and Ex 011cio Clerk of the Council of the City of Bakersfield - . - -- / -- APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney J'-•- -)�7) A JOSHUA H. RUDNICK Deputy City Attorney S: \Airport\Resolutions \Resolution - AIP 3 -6- 0323- 018- 2014.doc - Page 2 of 2 Pages - U I- OR;few EXHIBIT__ U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER Date of Offer July 1, 2014 Airport/Planning Area Bakersfield Municipal Airport AIP Grant Number 3 -06- 0323 - 018 -2014 DUNS Number 06- 3810972 TO: City of Bakersfield (herein called the "Sponsor") (For Co- Sponsors, list all Co- Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co- 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 11. 2013 for a grant of Federal funds for a project at or associated with the Bakersfield Municipal Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Bakersfield Municipal Airport (herein called the "Project ") consisting of the following: Northeast Hangar Taxilane Rehabilitation (Design - only); Northwest Apron Rehabilitation (Design -Only) and Main Apron Rehabilitation (Design - only). 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 (AAIA), 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 Sponsor's 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, O�0AKF9� s (3 -06 -0323- 018 - 2014) ORIGINAL THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 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 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $150.000.00. 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: $ N/A for planning $ 150.000.00 for airport development or noise program implementation $ N/A for land acquisition. 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 Reguirements 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 August 15, 2014, 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 Sponsor that 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 21 [3 -06- 0323 - 018 -2014] o``0AKF9� m U L7 ORIGINAL recovered by settlement, order, or judgment, 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 Inlury 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 their information current in the SAM until the Sponsor submits the final financial report required under this 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 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 htto: /Ifedgov.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 letter to 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 31 [3 -06- 0323 - 018 -2014] AKt9, � m ORIGINAL advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant 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 Reporting and Payment Requirements 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 Nonprimary 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 or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 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 the Federal Audit Clearinghouse's Internet Data Entry System at htto: / /harvester.census.goy /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 Texting 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 41 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. [3 -06- 0323 - 018 -2014] g AKF9� -� m v 4 ORIGINAL 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 when 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: 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 Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— 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" Incorporated by Reference The Exhibit "A" updated December 15, 2008, is incorporated herein by reference. SPECIAL CONDITIONS Plans and Specifications Prior to Bidding: The Sponsor agrees that it will submit plans and specifications for FAA review and approval prior to advertising for bids. Plans & Specifications Approval Based Upon Certification: The FAA and the Sponsor agree that the FAA approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that: 51 . [3 -06- 0323 - 018 -2014] �-- m � r 4 ORIGINAL A. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; B. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP. Consultant Contract and Cost Analysis: The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this grant until the FAA has received the consultant contract, the Sponsor's analysis of costs, and the independent fee estimate. Design Grant: This grant agreement is being issued in order to complete the design of the project. The Sponsor understands and agrees that within 2 years after the design is completed that the Sponsor will accept, subject to the availability of the amount of federal funding identified in the Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in order to provide a useful and useable unit of work. The Sponsor also understands that if the FAA has provided federal funding to complete the design for the project, and the Sponsor has not completed the design within four (4) years from the execution of this grant agreement, the FAA may suspend or terminate grants related to the design. 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, constituting 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 FEDERAL AVIATI AD ISTRATION r (Signature) PatrickrLammarding - - - -- Limos A 'i�lOffice PO Box 92007 '(fie AKF9s 6 rn [3 -06- 0323 - 018 -2014] v o ORIGINAL PART I( — 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 foregoing is true and correct.' Executed this day of By: Title: T That in my opir laws of the Sta Agreement am authorized an( laws of the sai not owned by Sponsor. Furt obligation of t Dated at (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) (Typed Name of Sponsor's Designated Official Representative) (Title of Sponsor) O. -I he date of execution by the Sponsor should he entered under Part II AccepirtncP, on this page. h he date of the Certificate >r Sponsor's Attorney MUST BE t1w 1;3117F' 0 IWHRr than G 7-if e SYf +:xecutic7�. By ?r the duly ith the property V the 7 (Signature of Sponsor's Attorney) 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 both. 71 [3 -06- 0323 - 018 -2014] ► m � G ORIGINAL