HomeMy WebLinkAbout3727
RESOLUTION NO. 3727
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
THREE HUNDRED SIXTY NINE THOUSAND TWO HUNDRED
FIFTY NINE DOLLARS ($369,259) FROM THE U.S.
DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION
ADMINISTRATION, TO FUND THE REHABILITATION OF
RUNWAY 16/34 AND CONSTRUCTION APRON (PHASE 2), AND
AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT
THEREFOR
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 Three Hundred Sixty Nine Thousand Two Hundred Fifty Nine
Dollars ($369,259), representing ninety five percent of the project costs, and
requiring the City to provide five 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 May 6, 2004 for Grant Agreement Project Number 3-53-0003-012,
------------------------
Resolution 3727
May 10, 2004
Page 1 of 3
Contract Number DOT-FA04NM-0010, which is attached hereto as Exhibit "A"
and incorporated herein by this reference; and
WHEREAS, the grant offer must be accepted by the City of Auburn on or
before June 6, 2004.
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 Three Hundred Sixty Nine Thousand Two Hundred
Fifty Nine Dollars ($369,259), an amount which is ninety five percent of the total
project costs to fund the rehabilitation of Runway 16/34 and construction of
Runway 16 holding apron (Phase 2). The City Council authorizes the Mayor
and City Clerk to execute the Grant Agreement, Project Number 3-53-0003-
012, Contract Number DOT-FA04NM-0010, 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 Three Hundred Sixty Nine Thousand Two Hundred Fifty Nine
Dollars ($369,259) 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 five percent of the grant.
------------------------
Resolution 3727
May 10, 2004
Page 2 of 3
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.
Section 5. Effective Date~ This Resolution shall take effect and be in
full force upon passage and signatures hereon. .
DATED and SIGNED THIS ;115 DAY OF ~
CITY OF AUBURN
\-í.G~
MAYOR
,2004.
ATTEST:
)JaM~¡~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
/~
/
"--
------------------------
Resolution 3727
May 10, 2004
Page 3 of 3
0<
RECEIVED
MAY " !~ 200~
FiNANCE DEPT.
Page 1 of 5 pages
U.S.' Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: May 6, 2004
Auburn Municipal Airport
Auburn, Washington
Project Number: 3-53-0003-012
Contract Number: DOT-FA04NM-0010
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 April 27, 2004, 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 Apron (Phase 2);
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
~
Page 2 of 5 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-five (95) percentum of all allowable
Project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this Offer shall be
$369,259.00. 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
$369,259.00
for planning
for airport development or noise program implementation
2. 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.
3. 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.
4. 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.
5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
6. 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 June 6, 2004, or such subsequent date as may be prescribed in writing by the
FAA.
7. 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 5 pages
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.
8. 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
9. It is mutually understood and agreed that 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 $25,000.00 or five (5%), whichever is greater, the
maximum obligation of the United States can be unilaterally reduced by letter from the
FAA advising of the budget change. Conversely, if there is an overfund in the total
actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the
statutory percent limitation and will advise the sponsor by letter of the increase. It is
further understood and agreed that if, during the life of the project, the FAA determines
that a change in the grant description is advantageous and in the best interests of the
United States, the change in grant description will be unilaterally amended by letter
from the FAA. Upon issuance of the aforementioned letter, either the grant obligation
of the United States is adjusted to the amount specified or the grant description is
amended to the description specified.
10. 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).
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 5 pages
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.
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.
11. 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 4 (10-89)
·' .
Page 5 of 5 pages
Thé 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...~·..,.¡J~..!. ~.............
J. Ja:de Bryant, Mana~~;e Airports District Office
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~' the Project Application.
Executed this. . . . I?'!!. . . . ... . .... day of. . . . .. .................................,2004.
City of A burn, Wa " ton
~
(SEAL) _
Attest:.A~·· .: >,f..~.......
. '- ~
Title:.......... .........................
By......... ............................
Title:. ~.~~~s84 rd~~~~~ .~~i.C.i~l. ~~:~~~~~~~t~~e
CERTIFICATE OF SPONSOR'S ATTORNEY
I '0ai'11'e-/~.!Ie /J- . t· Att f th S d h b rt"f'
, . . .. ..................................., ac mg as orney or e ponsor 0 ere y ce I y.
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.
Dated at. . f!..t1~'1 r.V).. . . . . .. th is . . . . . . . . . (¡. . . . . . . . . . . day of . . It. bf.-j- . . . . . . . . . . . . . . 2004.
FAA Form 5100-37 PG 5 (10-89)