HomeMy WebLinkAbout4366RESOLUTION NO. 4366
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
TWO HUNDRED TWENTY-ONE THOUSAND THREE HUNDRED
SEVENTY-NINE DOLLARS ($221,379), FROM THE U.S.
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, TO CONSTRUCT A TAXIWAY, INCLUDING
TAXIWAY EDGE LIGHTS (PHASE 2), AND AUTHORIZING THE
EXECUTION OF THE GRANT AGREEMENT THEREFOR
WHEREAS, the Auburn Municipal Airport is in need of a parallel taxiway
system; and
WHEREAS, the City applied for grant funding from the U.S. Department
of Transportation, Federal Aviation Administration, to be used for the
construction of a new taxiway system, including taxiway edge lights which will
provide a facility with runwayltaxiway separation dimensions in accordance with
FAA criteria; 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 Two Hundred Twenty-one Thousand Three Hundred Seventy-
nine Dollars ($221,379), representing entitlement funds to be used towards the
construction of a new taxiway system, including taxiway edge lights; and
WHEREAS, the U.S. Department of Transportation, Federal Aviation
Administration has submitted for execution by the City, a Grant Agreement for
Project Number 3-53-0003-014, Contract Number DOT-FA08NM-0104; and
Resolution No. 4366
June 11, 2008
Page 1 of 3
WHEREAS, the grant offer must be accepted by the City of Auburn on or
before June 18, 2008.
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 Two Hundred Twenty-one Thousand Three Hundred
Seventy-nine Dollars ($221,379), an amount which is to be used towards the
construction of a new taxiway, including edge lights. The City Council
authorizes the Mayor and City Clerk to execute the Grant Agreement, Project
Number 3-53-0003-014, Contract Number DOT-FA08NM-0104 in substantial
conformity with the grant agreement attached hereto as Exhibit "A" and
incorporated herein by this reference.
Section 3. Implementation. The Mayor of the City of Auburn is
hereby authorized to implement such administrative procedures as may be
necessary to carry out the directives of this resolution.
Section 4. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
Resolution No. 4366
June 11, 2008
Page 2 of 3
DATED and SIGNED THIS _ DAY OF 1,2008.
1
CITY OF AUBURN
PETER B. LE ,
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Jg eph N. Beck,
Assistant City Attorney
Resolution No. 4366
June 11, 2008
Page 3 of 3
C1
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 6 pages
Grant Agreement
Part 1 - Offer
Date of Offer: June 12, 2008
Auburn Municipal Airport
Auburn, Washington
Project Number: 3-53-0003-014
Contract Number: DOT-FA08NM-0104
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 May 21, 2008, 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:
Construct taxiway, including taxiway edge lights (Phase 2);
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (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, 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
The maximum obligation of the United States payable under this Offer shall be $221,379.00. For
the purposes of any future grant amendments which may increase the foregoing maximum
obligation of the United States under the provisions of Section 47108(b) of the Act, the following
amounts are being specified for this purpose:
$ 0.00 for planning
$221,379.00 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 provisions of 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 19, 2008, 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 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, or
judgment to the Secretary. It shall furnish upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 6 pages
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.
Trafficking in persons:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not -
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty,
if you or a subreceipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct
that is either ---
A. Associated with performance under this award; or
B. Imputed to your or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement),"
as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that
is a private entity -
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to terminate
the award to have violated an applicable prohibition in paragraph a.1 of this award
term through conduct that is either -
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
FAA Form 5100-37 PG 3 (1
Page 4 of 6 pages
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104 (g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
Special Conditions
10. 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 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
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 6 pages
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.
11. 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.
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.
12. 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
oKey, Manager eat 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 in the Project Application.
Executed this ...... %.4' . ............ day of ...... . `? v`..................1 2008.
City-eLAuburn, Washington
(SEAL) By ........... .. ....... ..............
Sponsor's Designated Official Representative
Title: ....... IYAX.G' ?L ................................
Attest:
Title:...C?............ .
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ......?`?? t0. .N.'.e. ............ 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 the 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 .. ?rv?oav» W A........ this ...... 1.?.t.k ........... day of. . Pu, ....... , 2008
9V119 of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)