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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)