HomeMy WebLinkAbout2013-032 Grant Agreement for Airport Master Plan & Airport Layout Plan Updates Grant Agreement-Executive of MnDOT Agree No. 02980State ofWinnesota
County of Wice
CITY OF FARIBAULT
RESOLUTION #2013 -032
AUTHORIZING EXECUTION OF MN /DOT AGREEMENT NO. 02980 — GRANT
AGREEMENT FOR AIRPORT MASTER PLAN & AIRPORT LAYOUT PLAN UPDATES
WHEREAS, Mn /DOT Agreement No. 02980 (the "Agreement ") between the
State of Minnesota and the City of Faribault for Airport Master Plan and Layout
Plan Updates (State Project No. A6601 -61, the "Project ") has been prepared for
execution by the City, and;
WHEREAS, the Agreement provides for financial assistance from the State to
the City for completion of the Project.
NOW, THEREFORE BE IT RESOLVED, that the State of Minnesota
Agreement No. 02980, "Grant Agreement for Airport Improvement Excluding
Land Acquisition," for State Project No. A6601 -61 at the Faribault Municipal
Airport is accepted.
ALSO, BE IT RESOLVED, that the Mayor and City Administrator are hereby
authorized and directed to execute this Agreement and any amendments on
behalf of the City of Faribault.
Date Adopted: February 26, 2013
Fariba�It City Council
JohW X Jasinski, Mayor
ATTEST:
Brian J. d on, City Administrator
Rev. #1, 7/06 Mn/DOT Agreement No, 02980
State Project No, A6601 -61
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
EXCLUDING LAND ACQUISITION
This Agreement is by and between the State of Minnesota acting through its Commissioner of Transportation ( "State "), and the
City of I+arlbault ( "Recipient "),
WHEREAS, the Recipient desires the financial assistance of the State for an airport improvement project ( "Project ") as described
in Article 2 below; and
WHEREAS, the State is authorized by Minnesota Statutes Sections 360,0X5 (subdivisions 13 & 14) and 360,305 to provide
financial assistance to eligible airport sponsors for the acquisition, construction, improvement, or maintenance of airports and
other air navigation facilities; and
WHEREAS, the Recipient has provided the State with the plans, specifications, and a detailed description of the airport
improvement Project,
NOW, THEREFORE, it is agreed as follows:
1. This Agreement is effective upon execution by the Recipient and the State, and will remain in effect until September 30,
2017.
2, The following table provides a description of the Project and shows a cost participation breakdown for each item of work:
Item Description Federal Share State Share Local Share
Airport Master Plan & Airport Layout Plan Updates 90% 1 0% 10%
3, The Project costs will not exceed $152,200.00, The proportionate shares of the Project costs are: Federal: $136,980,00,
State: $0.00, and Recipient: $15,220.00, Federal funds for the Project will be received and disbursed by the State. In the
event federal reimbursement becomes available or is increased for this Project, the State will be entitled to recover from such
federal funds an amount not to exceed the state funds advanced for this Project, No funds are committed under this
Agreement until they are eneumbered by the State. No more than 95% of the amount due under this Agreement will be paid
by the State until the State determines that the Recipient has complied with all terms of this Agreement, and furnished all
necessary records,
4. The Recipient will designate a registered engineer (the "Project Engineer ") to oversee the Project work, If, with the State's
approval, the Recipient elects not to have such services performed by a registered engineer, then the Recipient will designate -
another responsible person to oversee such work, and any references herein to the "Project Engineer" will apply to such
responsible person,
5. The Recipient will complete the Project in accordance with the plans, specifications, and detailed description of the Project,
which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changes
in the plans or specifications of the Project after the date of this Agreement will be valid only if made by written change order
signed by the Recipient, the Project Engineer, and the contractor, Change orders mustbe submitted to the State. Subject to the
availability of funds the State may prepare an amendment to this Agreement to reimburse the Recipient for the allowable costs
of qualifying change orders.
6, The Recipient will make payments to its contractor on a work - progress basis. The Recipient will submit requests for
reimbursement of certified costs to the State on state - approved forms, The State will reimburse the Recipient for the state and
federal shares of the approved Project costs,
a. At regular intervals, the Recipient or the Project Engineer will prepare a partial estimate in accordance with the terms of
the contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed no
later than one month after the work covered by the estimate is completed, The Project Engineer and the contractor must
certify that each partial estimate is true and correct, and that the costs have not been included on a previous estimate.
b, Following certification of the partial estimate, the Recipient will make partial payments to the contractor in accordance
with the terms of the contract, special provisions, and standard specifications for the Project(s).
c. Following certification of the partial estimate, the Recipient may request reimbursement fi-om the State for costs eligible
for federal and state participation, A copy of the partial estimate must be included with the Recipient's request for
payment, Reimbursement requests and partial estimates should not be submitted if they cover a period in which there was
no progress on the Project,
d, Upon completion of the Project(s), the Recipient will prepare a final estimate in accordance with the terms of the contract,
special provisions, and standard specifications for the Project(s). The final estimate must be certified by the Recipient,
Project Engineer and the contractor.
e, Following certification of the final estimate; the Recipient will make final payment to the contractor in accordance with the
terms of the contract, special provisions, and standard specifications for the Project(s),
f, Following certification of the final estimate, the Recipient may request reimbursement from the State for costs eligible for
federal and state participation, A request for final payment must be submitted to the State along with those project records
required by the State,
7. For a Project which involves the purchase of equipment, the Recipient will be reimbursed by the State in one lump sum after
the Recipient; (1) has acquired both possession and unencumbered title to the equipment; and (2) has presented proof of
payment to the State, and (3) a certificate that the equipment Is not defective and is in good working order, The Recipient will
keep such equipment, properly stored, in good repair, and will not use the equipment for any purpose other than airport
operations,
8. If the Project involves force - account work or project donations, the Recipient must obtain the written approval of the State
and Federal Aviation Administration (FAA), Force - account work performed or project donations received without written
approval by the State will not be reimbursed under this Agreement. Force - account work must be done in accordance with the
schedule of prices and terms established by the Recipient and approved by the State,
9. Pursuant to Minnesota Statutes Section 360,305, subdivision 4 (g) (1), the Recipient will operate Its airport as a licensed,
municipally -owned public airport at all times of the year for a period of 20 years from the date the Recipient receives final
reimbursement under this Agreement, The Airport must be maintained in a safe, serviceable manner for public aeronautical
purposes only, The Recipient will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real
or personal property, which is purchased or improved with State aid funds without prior written approval from the State, If
the State approves such transfer or change in use, the Recipient must comply with such conditions and restrictions as the State
may place on such approval, The obligations imposed by this clause survive the expiration or termination of this Agreement,
10, This Agreement may be terminated by the Recipient or State at any time, with or without cause, upon ninety (90) days written
notice to the other party, Such termination will not remove any unfulfilled financial obligations of the Recipient as set forth in
this Agreement, In the event of such a termination, the Recipient will be entitled to reimbursement for eligible expenses
incurred for work satisfactorily performed on the Project up to the date of termination, The State may immediately terminate
this Agreement if it does not zeceive sufficient funding from the Minnesota Legislature or other funding source, or such
funding is not provided at a level sufficient to allow for the continuation of the work covered by this Agreement, In the event
of such termination, the Recipient will be reimbursed for work satisfactorily performed up to the effective date of such
termination to the extent that funds are available. In the event of any complete or partial state government shutdown due to a
failure to have a budget approved at the required time, the State may suspend this Agreement, upon notice to the Recipient,
until such government shutdown ends, and the Recipient assumes the risk of non- payment for work performed during such
shutdown.
11. Pursuant to Minnesota Rules 8800,2500, the Recipient certifies that (1) it presently has available sufficient unencumbered
funds to pay its share of the Project; (2) the Project will be completed without undue delay; and (3) the Recipient has the legal
authority to engage in the Project as proposed,
12, Pursuant to Minnesota Statutes Section 16C,05, subdivision 5, the Recipient will maintain such records and provide such
information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, or the State
Auditor to examine those books, records, and accounting procedures and practices of the Recipient relevant to this Agreement
for a minimum of six years after the expiration of this Agreement,
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13. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limited
to, its costs and attorneys' fees arising out of the Project which is the subject of this Agreement,
14, The Recipient will not utilize any state or federal financial assistance received pursuant to this Agreement to compensate,
either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or
debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or
debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This
restriction does not prevent the Recipient from utilizing these funds to pay any party who might be disqualified or debarred
after the Recipient's contract award on this Project.
15. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employment
opportunity requirements of Minnesota Statutes Section 181.59,
16, The amount of this Agreement is limited to the dollar amounts as defined in Article 3 above, Any costs incurred above the amount
obligated by the State is done without any guarantee that these costs will be reimbursed in any way. A change to this Agreement
will be effective only if it is reduced to writing and is executed by the same parties who executed this Agreement, or their
successors in office,
17. For projects that include consultant services, the Recipient and its consultant will conduct the services in accordance with the
work plan indicated in the Recipient's contract for consultant services, which shall be on file with the State's Office of
Aeronautics, The work plan is incorporated into this Agreement by reference, The Recipient will confer on a regular basis
with the State to coordinate the design and development of the services,
18. The parties must'comply with the Minnesota Government Data Practices Act, as it relates to all data provided to or by a party
pursuant to this Agreement,
19, Minnesota law, without regard to its choice-of-law provisions, governs this Agreement, Venue for all legal proceedings
arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in
Ramsey County, Minnesota,
20. For projects including federal funding, the Recipient must comply with applicable regulations, including, but not limited to,
Title 14 Code of Federal Regulations, subchapter 1, part 151; and Minnesota Rules Chapter 8800,
21, For all projects, the Recipient must comply, and require its contractors and consultants to comply, with all federal and state
laws, rules, and regulations applicable to the work. The Recipient must advertise, let, and award any contracts for the project
in accordance with applicable laws, The State may withhold payment for services performed in violation of applicable laws,
22. Under this Agreement, the State is only responsible for receiving and disbursing federal and state funds. Nothing in this
Agreement will be construed to make the State a principal, co- principal, partner, or joint venturer with respect to the
Projects) covered herein, The State may provide technical advice and assistance as requested by the Recipient, however, the
Recipient will remain responsible for providing direction to its contractors and consultants and for administering its contracts
with such entities, The Recipient's consultants and contractors are not intended to be third party beneficiaries of this
Agreement,
D. — z.fn
State Encumbrance Verification
Individual certifies that funds have been encumbered as required by Minn, Stat, §§ 16A,15 and 16C,05
:
Date:
MAPS Order Ito:
Recipient
Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable
resolutions, c arter provisions or ordinances,
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Commissioner, Minnesota Department of Transportation
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Director, Office of Aeronautics
Date:
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State Encumbrance Verification
Individual certifies that funds have been encumbered as required by Minn, Stat, §§ 16A,15 and 16C,05
:
Date:
MAPS Order Ito:
Recipient
Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable
resolutions, c arter provisions or ordinances,
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Title: P1k;(nt-
Date: d- 0-6- "� t3
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Title: t
Dater - X613
Commissioner, Minnesota Department of Transportation
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Director, Office of Aeronautics
Date:
1VMWDOT Contract Management
as to form & execution
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Date:
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