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
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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
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- 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�
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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
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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
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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.
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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:
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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
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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
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(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.
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