HomeMy WebLinkAbout3628RESOLUTION NO. 3628
A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE AUBURN CITY COUNCIL TO
ACCEPT GRANT FUNDS IN THE AMOUNT OF FOUR HUNDRED
FORTY-FIVE THOUSAND TWO HUNDRED FORTY-TWO DOLLARS
($445,242.00) FROM THE U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION, WHICH GRANT REQUIRES A
TEN PERCENT CONTRIBUTION FROM THE CITY, TO FUND THE
REHABILITATION OF RUNWAY 16/34 AND CONSTRUCTION OF
RUNWAY 16 HOLDING APRON (PHASE I), AND AUTHORIZING THE
EXECUTION OF THE GRANT AGREEMENT
WHEREAS, the runway at Auburn Municipal Airport is approximately 30 years
old and is in need of significant repair; and
WHEREAS, the City applied for grant funding from the U.S. Department of
Transportation, Federal Aviation Administration, to be used for rehabilitation of Runway
16/34 and construction of Runway 16 holding apron; and
WHEREAS, the U.S. Department of Transportation, Federal Aviation
Administration, has approved and offered grant funds to the City of Auburn in the
amount of Four Hundred Forty-five Thousand Two Hundred Forty-two Dollars
($445,242.00), representing ninety percent of the project costs, and requiring the City to
provide ten percent of the project costs, to be used for airport development; and
WHEREAS, the U.S. Department of Transportation, Federal Aviation
Administration has submitted for execution by the City a Grant Agreement dated July
24, 2003 for Grant Agreement Project Number 3-53-0003-011, Contract Number DOT-
FA03NM-0054, which is attached hereto as Exhibit "A" and incorporated herein by this
reference; and
Resolution 3628
July 31, 2003
Page 1
WHEREAS, the grant offer must be accepted by the City of Auburn on or before
August 24, 2003.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section '1. Purpose. The Auburn City Council does hereby accept the U.S.
Department of Transportation, Federal Aviation Administration, offer of a grant in the
amount of Four Hundred Forty-five Thousand Two Hundred Forty-two Dollars
($445,242.00), an amount which is ninety percent of the total project costs to fund
rehabilitation of Runway 16/34 and construction of Runway 16 holding apron (Phase I).
The City Council authorizes the Mayor and City Clerk to execute the Grant Agreement,
Project Number 3-53-0003-011, Contract Number DOT-FA03NM-0054, which is
attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. The City Council hereby approves the expenditure and appropriation
of Four Hundred Forty-five Thousand Two Hundred Forty-two Dollars ($445,242.00)
from the U.S. Department of Transportation, Federal Aviation Administration for airport
improvements.
Section 3. The City Council agrees to provide local cash matching funds equal
to ten percent of the grant.
Section 4, Implementation. The Mayor of the City of Auburn. is hereby
authorized to implement such administrative procedures as may be necessary to carry
out the directions of this resolution.
Resolution 3628
July 31, 2003
Page 2
Section 5. Effective Date. This Resolution shall take effect and be in full force
upon passage and signatures hereon.
DATED and SIGNED THIS '"~ DAY OF . ),X . 2003.
CITY OF AUBURN
PETER-B~. LEWIS, MAYOR
ATTEST:
ba-n~elle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution 3628
July 31, 2003
Page 3
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 6 pages
Grant Agreement
Part I - Offer
Date of Offer: July 24, 2003
Auburn Municipal Airport
Auburn, Washington
Project Number: 3-53-0003-011
Contract Number: DOT-FA03NM-0054
To:
City of Auburn, Washington (herein called the "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 July 22, 2003, for a grant
of Federal funds for a project at or associated with the Auburn Municipal Airport which Project
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of
the following:
Rehabilitate Runway 16/34 and Construct Runway 16 holding apron
(Phase 1 );
all as more particularly described in the Project Application.
FAA Form 5100-37 PG I (10-89)
Page 2 of 6 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United
States Code, as amended, herein called "the Act" and in consideration of (a) the Sponsor's adoption
and ratification of the representations and assurances contained in said Project Application and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States
and the public from the accomplishment of the Project and compliance with the assurances and
conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF
THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project
costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
The maximum obligation of the United States payable under this Offer shall be
$445,242.00. For the purposes of any future grant amendments which may increase
the foregoing maximum obligation of the United States under the provision of Section
47108(b) of the Act, the following amounts are being specified for this purpose:
$ 0.00
$445,242.OO
for planning
for airport development or noise program implementation
The allowable costs of the project shall not include any costs determined by the FAA
to be ineligible for consideration as to allowability under the Act.
Payment of the United States' share of the allowable project costs will be made
pursuant to and in accordance with the provisions of such regulations and procedures
as the Secretary shall prescribe. 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.
The Sponsor shall carry out and complete the Project without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the
Secretary shall prescribe, and agrees to comply with the assurances which were made
part of the project application.
The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
This Offer shall expire and the United States shall 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 24, 2003, or such subsequent date as may be prescribed in writing by
the FAA.
The Sponsor shall 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 disbursed by the Sponsor that were originally paid pursuant to
this or any other Federal grant agreement. It shall obtain the approval of the Secretary
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 6 pages
10.
as to any determination of the amount of the Federal share of such funds. It shall
return the recovered Federal share, including funds recovered by settlement, order,
judgment to the Secretary. It shall 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 shall be approved in advance
by the Secretary.
The United States shall 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.
Special Conditions
It is understood and agreed by the parties hereto that the maximum obligation of the
United States for this grant agreement may, if requested by the Sponsor and approved
by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover
increased eligible and allowable development project costs. Upon approval of the
Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the
new grant amount, issuance of such letter will constitute an amendment to this
agreement and the maximum grant obligation of the United States will be adjusted to
the amount specified.
The Sponsor agrees to perform the following:
a. 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 required by the .Federal
specifications. The program shall include as a minimum:
1. The name of the person representing the Sponsor who has overall responsibility
for contract administration for the project and the authority to take necessary actions
to comply with the contract.
2. 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.
3. 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 (D 3666, C 1077).
4. Qualifications of engineering supervision and construction inspection
personnel.
5. A listing of all tests required by the contract specifications, including the type
and frequency 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.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 6 pages
11.
12.
b. 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.
c. Failure to provide a complete report as described in paragraph b, 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 reduction 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.
d. 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
test results are inaccurate.
It is understood and agreed by and between the parties hereto that this Grant Offer is
made and accepted based on estimates for the project work; and the parties hereby
covenant and agree that within 180 days from the date of acceptance of this Grant
Offer, the Sponsor shall receive bids for the work contained within the grant
description.
For a project to replace or reconstruct pavement at the airport, the Sponsor shall
implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number C-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 outlined below:
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:
Pavement Inventory. The following must be depicted in an appropriate form
and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the AlP assurances, pavements that have been constructed,
reconstructed, or repaired with Federal assistance shall be depicted.
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 6 pages
Inspection Schedule.
('1) Detailed Inspection. A detailed inspection must be performed at least
one a year. If a history of recorded pavement deterioration is available,
i.e., Pavement Condition Index (PCl) 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.
(2)
Drive-By Inspection. A drive-by inspection must be performed a
minimum of once a month to detect unexpected changes in the
pavement condition.
Record Keeping. Complete information on the findings of all detailed inspec-
tions and on the maintenance performed must be recorded and kept on file for a
minimum of five years. The type of distress, their locations, and remedial
action, scheduled or performed, must be documented. The minimum
information to be recorded is listed below:
(1) inspection date.
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
Information Retrieval. An airport sponsor must 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.
Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures
for Maintenance of Airport Pavements," for specific guidelines and procedures
for maintaining airport pavements and establishing an effective maintenance
Program, specific types of distress, their probable causes, inspection guide-
lines, and recommended methods of repair are presented.
13.
Unless otherwise approved 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 airport development or noise
compatibility for which funds are provided under this grant. The Sponsor will include
in every contract a provision implementing this special condition.
FAA Form 5100-37 PG 5 (10-89)
Page 6 of 6 pages
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 AVIATION ADMINISTRATION
BY' ,~ .'~'a"d'e~~ ~t ~~~s[ ;, ;~ 'O'fl;i;;"
Part II - 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.
Executed this . ~ 4~h. day of August
.............................................................. ,2003.
- ~ ~gton/~
..... ...............
~~~.~ Spon§o.r's Desi~lnated O. fficial Representative
Title: ......~.e.??..~....~...~.~.s:..~. ¥.o~. .............
Attest: .....
Title:....D .a~. ~.e.~.~.D.a.s.k..a=m.,..C.~.~y..C.[.eT~' .........
CERTIFICATE OF SPONSOR'S ATTORNEY
Daniel B. Heid
I, ....................................... , 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 Washington. Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor's official representative has been duly authorized and
that the execution thereof is in all respects due and proper and in accordance with the laws of said
State and the Act. 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 obligation of
the Sponsor in accordance with the terms thereof.
~.~ Signatu~e~of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)