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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'/z% 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,,1C1 O DAY OF ~ , 2009.
CI O URN
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ATTEST: PETER B. LEWIS,
MAYOR
Dani Ile E. Daskam,
City Clerk
APP OVE S TO FO
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04niel e,
City Attorney
Resolution No. 4504
July 15, 2009
Page 2
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' GCA 6270
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Washington State
~ Department of Transportation
Public Entity and Address
Grant Agreement CityofAuburn
25 West Main Street
Washington Airport Aid Program Auburn, Washington 98001
Airport Name
Auburn Municipal
Maximum State Grant Obligation
$ $39,500.00
THIS AGREEMENT, made and entered into this day of July 2009 , between the STATE
OF WASHINGTON, acting by and through the Aviation Division, Department of Transportation, (hereinafter the "STATE") and the
above named Public Entiry, (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 II)
NOW, THEREFORE, pursuant to and for the purpose of carrying out the provisions of the State Act, and in consideration of the
(a) Public 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.
The terms and conditions of this grant agreement are as follows:
' 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 airport, 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 specifications and properry map, incorporated
herein, as they maybe 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 appraisal 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 Form 900-078 EF Pa 1 of 3
Revised 5/98 9e
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GCA 6270
4 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 will be used solely for the purpose in question.
5. The Public Entity agrees to hold said airport open to the flying public during the useful life 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 shall automatically obligate the immediate and full return of all State
of Washington money expended in behalf of the project to the State of Washington with reasonable interest. Further,
the Public Entity agrees to keep the facility open during the useful life of the project or for a stated term of years,
whichever is longer, as determined by the Aviation Division.
6. 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 activity 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 Public Entity.
This offer shall expire and the State shall not be obligated to pay any part of the costs of the project unless 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 following inspection scheduled, and reporting system will 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 following 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. Public 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 narrative of the project progress, problems encountered and
plans for project completion.
3. State will make quarterly project inspections and prepare the report of inspection. A copy of the report will 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 completed.
6. State will arrange for audit of account in accordance with regularly 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, and/or
B. The return of grant funds awarded as an action for specific performance, and/or
C. Enforcement of the commitment made by the applicant.
Page 2 of 3
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The Public Entity'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 Public Entity, as hereafter provided, and said offer and acceptance shall
comprise allocation agreement, constituting the obligation and rights of the State and the Public Entity with respect to the
accomplishment of the project and the operation and maintenance of the airport. Such allocation agreement shall become
effective upon the Public Entitys 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 twenty (20) years from the date of acceptance.
By:
Direc or, Aviation Division
The City of Auburn does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the project application 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 f Pu ic rn
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By:
Title:
DOT Form 900-078 EF Page 3 of 3
Revised 5/98