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HomeMy WebLinkAboutITEM VIII-B-2 CI'Y OF k°~°° ~ AGENDA BILL APPROVAL FORM ~ n WASHINGTON ~ n- Agenda Subject: Date: Resolution No. 4504 Jul 15, 2009 Department: Attachments: Budget Impact: Finance Resolution No. 4504 & Exhibit "A" Administrative Recommendation: City Council adopt Resolution No. 4504. Background Summary: Resolution No. 4504 authorizes the Mayor and the City Clerk to accept grant funds in the amount of Thirty Nine Thousand, Five Hundred Dollars ($39,500.00) from the Washington State Department of Transportation Aviation Division as their 2'/2% match of funds for Phase II of the Taxiway Alterations and Improvements Project for the Auburn Municipal Airport. N0720-4 F5.2.15 Reviewed by Council & Committees , Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport E Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD , ❑ Fire ❑ Planning ❑ Park Board ❑Public Works , ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Coleman Meeting Date: July 20, 2009 Item Number: VI11.6.2 .AUB►URN *MORE THAN YOU IMAGINED RESOLUTION NO. 4504 A RESOLUTION OF THE CITY COUNCIL OF`THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT GRANT FUNDS FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AVIATION DIVISION IN THE AMOUNT OF THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS ($39,500.00) WHICH REPRESENTS 2'h% MATCH OF FUNDS NEEDED FOR PHASE II OF THE TAXIWAY ALTERATIONS AND IMPROVEMENTS PROJECT WHEREAS, the Auburn Municipal Airport is in need of a parallel taxiway system and lighting improvements, and WHEREAS, the Washington State Department of Transportation Aviation Division, has approved and offered grant funds to the City of Auburn in the amount of Thirty Nine Thousand Five Hundred Dollars ($39,500.00), for Phase II of the Taxiway Alterations and Improvements project; and WHEREAS, the Washington State Department of Transportation Aviation Division has submitted for execution by the City a Granf Agreement for Project Number AUB-01-09, which is attached hereto as Exhibit "A" and incorporated herein by this reference. 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 Washington State Department of Transportation Aviation Divisions' offer of a grant in the amount of Thirty Nine Thousand Five Hundred Dollars ($39,500.00), as its 2'/z% match of the funds needed to for the Taxiway Alterations and Improvements (Phase II). Resolution No. 4504 July 15, 2009 Page 1 Section 2. 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 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF , 2009: CITY OF AUBURN ATTEST: PETER B. LEWIS, MAYOR Danielle E. Daskam, City Clerk APP OVE S TO FO . bg-n B. e' , City Attorney Resolution No. 4504 July 15, 2009 Page 2 Addbk Washington State v7P Department of Transportation Public Entity and Address Grant Agreement city °fAubum 25 West Main Street Washington Airport Aid Program Auburn, Washington 98001 AirpoR Name ° Auburn Municipal Ma)amum State Grant ObiigaUon $ $39,500.00 ' THIS AGREEMENT, made and entered into this /3~ day of 7uly , 2009 , beWeen the STATE OF WASHINGTON, acting by and through the Aviation Division, Department of Transportation, (hereinafter the "STATE") and the above named Public Entity, (hereinafter the "PUBLIC ENTITY"). WHEREAS, the Public Entity has submitted to the State for Subvention of the Washington Airport Aid Program for (acquisition and/or development) of the Auburn Municipal Airport together with the plans and specifications for such project, which project application has been approved by the State and is hereby incorporated herein and made a part hereof; WHEREAS, the State has approved a project for development of the airport consisting of the following described airport development: . Project Number Detailed Breakdown By Items AUB-01-09 $39,500.00 - Taxiway Alterations and Improvements (Phase I) NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of the State Act, and in consideration of the (a) Pubiic Entity'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 State of Washington and the public from the accomplishment of the project and the operation and maintenance of the airport as herein provided, the State hereby agrees to pay as its allowable costs incurred in accomplishing the project. _ T1re termsyand condition of'this grant~greement aruas`foltows: The maximum obligation of the State payable under this grant shall be 39,500 The Public Entity shalL• 1. Deposit in an Aviation Fund for said ai'rport, at least $ 39,500 to match the State's participation in said project 2. Carry out and complete the project in accordance with the plans and speciflcations and properiy map, incorporated herein, as they may be revised or modified with the approval of the state. 3. in connection with the acquisition of real property for the proJect, the Public Entity shall secure at least two written appraisals by competent, experienced appraisers who are members of a recognized professional appraisal organization and shall not pay in excess of the highest appraisat without the written consent of the state except as otherwise directed by a court of competent jurisdiction after contested trial and judgment not resulting from an agreement between the parties. . DOT Fortn 900-078 EF Revised 5/98 Page 1 of 3 4. No state funds will be paid to the Public Entity in any case until it certifies in writing that it has Aviation Funds for said airport in an amount equal to the state's participation, or the amount designated in paragraph (1) above, which deposited amount wiil be used solely for the purpose in questlon. 5. The Publlc Entity agrees to hold said airport open to the flying pubiic during the useful Iffe of the facilities developed under this project; that no exclusive operating or use agreements shall be granted to any person, company, or corporation; that failure to abide by such agreement shali automaticaily obligate the immediate and full retum of all State of Washington money expended in behalf of the project to the State of Washington with reasonabie interest. Further, the Public Entity agrees to keep the facility open during the usefui life of the project or for a stated tenn of years, whichever is longer, as detertnined by the Aviation Division. . Z. The Public Entity will make no charge to the State or its agencies for a limited, but reasonable, amount of state agency use or for state aotivity in search and rescue. And, further, RCW 47.68 is followed to best serve the public. The allowable cost of the project shall not include any cost determined by the State to be ineligible for consideration as to allowability. The State reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Pubiic Entity. This offer shall expire and the State shall not be obligated to pay any part of the costs of the project uniess this agreement has been accepted by the Public Entiry on such subsequent date as are prescribed in writing by the State, in the approval letter for each project. Except for those projects receiving both state and federal aid, the foilowing inspection scheduled, and reporting system wiil be required: . A. Inspection Schedule and Reporting system will vary for each project Basically, the inspection schedule will be placed on a quarterly basis. On project taking less than three (3) months, the Public Entity will be required to make reports and be inspected on the fotiowing schedule: 1. Public Entity project commencement date. 2. Public Entity report project completion date and request final inspection. " 3. State will make final inspection and sign-off project as completed. 4. State will arrange for audit of account in accordance with regularly scheduled audit program. ' B. Projects taking over three (3) months will be set up on a quarterly inspection and progress report system: The Public Entity will be required to make reports and be inspected on the following schedule: 1. Report project commencement date. 2. Publlc Entity will make a three (3) months progress report. This will be a letter report giving percentage of project completed, fund expenditures to date, and short namative of the project progress, problems encountered and plans for project completion. - _ _ - - 3. ~State will make quartedy project inspections and prepare the report of inspection. A copy of the report wili be delivered to the Public Entity. 4. Public Entity will make report of completion of project and request final inspection. 5. State will make final inspection and sign-off as compieted. 6. State will arrange for audit of account in accordance with regularty scheduled audit program. ' It should be made clear that a violation of any of the terms of the Grant Agreement will leave the State free to choose among one or more of the following remedies: A. The withholding of any future airport aid, andlor B. The retum of grant funds awarded as an action for specific perfor►nance, and/or C. Enforcement of the commitment made by the applicant. Page 2 of 3 The Public Entity's acceptance of this offer and ratification and adoption of the projeot application incorporated herein shall be evidenced by execution of this instrument by the Public Entity, as hereafter provided, and said offer and acceptance shali comprise allocation agreement, constituting the obligation and rights of the State and the Public Entity with respect to the accompiishment of the project and the operation and maintenance of the airport. Such allocation agreement shall become effective upon the Public Entity's acceptance of this offer and shall remain in full force and effect throughout the useful life of the facilities developed under the project but in any event not to exceed iweniy (20) years from the date of acceptance: By: Director, AviaUon Division The City of Auburn dces hereby ratiTy and adopt all statements, representations, warranties, covenants, and agreements contained in the project appllcation and incorporated materials referred to in the foregoing offer and does hereby accept said offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of July 2009 . Name tity: City of Auburn ~ ~ By: Title: DOT Form 900-078 EF Page 3 of 3 Revised 5/98 REC'D J U L 0 6 2009 MA Washington State Aviation Division Department of Transportation 3704 172nd screet, Suite K2 / P.O. Box 3367 Paula J. Flammond, P.E. Arlington, Washington 98223 Secretary of Transportation 360-651-6300/ Fax 360-651-6319 1"fY: 1-800-833-6388 www.wsdot.wa.gov July 2, 2009 . Ms. Shelley Coleman Finance Directox 25 West Main Street Auburn, Washington 98001 Re: Airport Aid Approval / Auburn Municipal Airport /$39,500.00 Dear Ms. Coleman: Each year WSDOT's Local Airport Aid Grant Program provides crucial financial assistance to many of Washington State's public use airports to address pavement, safety, planning, maintenance, runway safety and security needs. "We would like to take this opportuniry to congratulate the City of Auburn on your Local Airport Aid grant award for: ➢ Taxiway Alterarions and Improvements (Phase II) This letter serves as official notification that the Washington State Department of Transportation (WSDOT) Aviation has allocated 2%2% matching funds in the amount of , $39,500.00 for Phase II of the Taxiway Alterations and Improvements Project to the City of ' Auburn for the Auburn Municipal Airport. If you accept this allocation you will be required to supply WSDOT Aviation with ' periodic copies of billings and costs for this project. Failure to supply these copies may slow down and possibly jeopardize your reimbursement. WSDOT Aviation must be able to review your records on this project at any time for future audit purposes. . WSDOT Aviation expects this project to be completed by September 30, 2009 as indicated on the submitted Airport Aid Application. Any modifications to this schedule will need to be submitted to WSDOT Aviation with an explanation and schedule revision. The Washington State Legislature has appropriated funding for WSDOT's Local Airport Aid Program for the 2409 - 2011 biennium ending on June 30, 2011. An auport's failure to complete a project in a timely manner affects funding of the entire Washington State aviation system. Ms. Shelley Coleman . Auburn Municipal Airport July 2, 2009 Page 2 WSDOT Aviation will provide the Auburn Municipal Airport with a sign upon completion of the project. WSDOT requires that this sign lie posted in a highly visible location to announce the improvement project. The sign will convey what the project is meant to accomplish (e.g., runway rehabilitation), the funding source(s) (i.e., general aviation fuel fees), and which agencies funded the project. The Secretary of Transportation, Washington State, may terminate this agreement at any time because of legal matters detrimental to the state or the local government, insufficient funds held by WSDOT Aviafion to complete the project, or by mutual consent between the local government and WSDOT Aviation. WSDOT Aviation will be held responsible for the state's cost share of the project at the time of any such termination. Please be advised that the airport must remain open for the expected life of the project, and exclusive use policies will not be tolerated. If you accept this allocation subject to the conditions sta.ted, please complete the following steps: • Have an official authorized by the governing agency to sign agreements, sign the original copy of this letter and verify the Federal Tax Identification on the line provided below. • Complete all three copies of the enclosed Crrant Agreement. • Return all documents to WSDOT Aviation, P.O. Box 3367, Arlington, WA ' 98223. T'he extra copy of the letter is for your files. We will review, sign and return a copy of the Grant Agreement to you. Upon receipt of the signed Grant Agreement, you may begin construction. If the City of Auburn has not accepted this offer on or before Ju1y 17, 2009, the offer will expire and the State of Washington will not be obligated to pay any part of the costs of this project. . _ Sincere , ' Eric Johnson , Construction oject Manager . Ms. Shelley Coleman Auburn Municipal Airport July 2, 2009 Page 3 Encl: Copy of Approval Letter Three Grant Agreements Cc: Governor Christine Gregoire Congressman Adam Smith ` Senator Claudia Kauffinan ' Representative Geoff Simpson ' Representative Pat Sullivan ' FAA, Seattle Airports District Office City of Auburn hereby ts tallocation. DATE SIGNATURE FEDERAL TAXID # 91-6001228