HomeMy WebLinkAbout2001-06 Airport Devel. GrantRESOLUTION NO. 2001-
A RESOLUTION ACCEPTING THE GRANT OFFER OF
THE STATE OF OREGON THROUGH THE DEPARTMENT
OF AVIATION IN THE MAXIMUM AMOUNT OF $10,000 TO
BE USED UNDER THE FINANCIAL AID TO
MUNICIPALITIES PROGRAM PROJECT NO. 5-7-0012-0
IN THE DEVELOPMENT OF THE ASHLAND MUNICIPAL
AIRPORT
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland accepts the grant offer of the State of Oregon in the
amount of $10,000 for the purpose of obtaining state aid under Project No. 5-7-0012-0
in the development of the Ashland Municipal Airport.
SECTION 2. The Ashland City Administrator is authorized and directed to sign the
statement of acceptance of the grant offer on behalf of the City of Ashland.
SECTION 3. A true copy of the grant offer is attached.
This re,~tion was read by title only in accordance with Ashland Municipal Code
§~ASS~~ '~ day of ~,,',' ' ,2001.
B~rbara Christensen, City Recorder
SIGNED and APPROVED this
Ri~wed ~
Pa~, City Attorney
__ day of /3rl~ ¥{ ( ,2001.
Alan W. DeBoer, Mayor
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STATE OF OREGON
DEPARTMENT OF AVIATION
GRANT AGREEMENT
This AGREEMENT is made and entered into by and between the STATE OF
OREGON, acting by and through its Department of Aviation, hereinafter referred
to as "Aviation," and City of Ashland hereinafter referred to as the "Municipality."
RECITALS:
WHEREAS, the Municipality has submitted to the State a request for.a Financial
Aid to Municipalities Program project, for (Land Acquisition and/or Development)
of the Ashland Municipal Airport, together with plans and specifications for such
project, is hereby incorporated by reference and made a part of this grant
agreement, Exhibit A; and
By the authority granted in ORS 190.110, state agencies may enter into
agreements with units of local government for the performance of any or all
functions and activities that a party to the agreement, its officers, or agents have
the authority to perform.
By the authority granted in ORS 836.025, Aviation may, out of money available
for this purpose, plan, establish, construct, enlarge, improve, maintain, equip,
operate, regulate, protect and police airports. Aviation may exercise this power
jointly with any municipalities or agencies of the state government, other states or
their municipalities, or the United States, by authority granted in ORS 836.040.
By the authority granted in ORS 836.015, Aviation may render financial
assistance by grant or loan or both to any municipality or municipalities acting
jointly in the planning, acquisition, construction, improvement, maintenance or
operation of an airport owned or controlled by, or to be owned or controlled by
such municipality.
NOW, THEREFORE, in consideration of (a) the Municipality's adoption and
ratification of the representations and assurances contained in its project
application, and its acceptance of this offer as hereinafter provided, and (b) the
benefits to accrue to the State of Oregon and the public from the accomplishment
of the project and the operation and maintenance of the airport as herein
provided, it is agreed by and between the parties as follows:
c) If pavements are involved, a statement detailing configuration
and dimension of the various components.
d) If pavements are involved, a statement of area (number of
square feet or square yards) of each type of pavement.
e)
If underground drainage is involved, a statement describing
hydrology (magnitude of storm and runoff) and hydraulics
(sizing of pipes and location of pickups and outfalls).
Construction drawings are not required during the initial
application process.
Cost estimates for each component of the project. All-
encompassing statements such as: "Drainage $7,000" or
"Lighting $16,000," will not be acceptable.
g) Any additional information which may be useful in evaluating
the project.
2. Prior to final approval of a project application and the proffering of a
Grant offer to a municipality, the following steps must be accomplished. The
municipality must submit written certification to ODA that:
a)
Detailed engineering and construction drawings were reviewed
and approved by municipality. If FAA AlP grant project, FAA
must also approve.
b)
Construction plans and specifications were reviewed and .
approved by municipality. If FAA AlP grant project, FAA must
also approve.
c) Municipality advertised and received competitive bids for
construction.
d) Construction contract awarded to lowest responsible bidder. Bid
tabulations must be submitted to ODA.
e)
If project is to be accomplished by force account, a revised cost
estimate of materials and labor must be submitted to ODA for
final approval.
3. After acceptance of Grant Offer, the municipality shall: (a) submit
change orders to ODA in the event of any change to the ODA approved project;
(b) erect a sign as depicted in Section 21-245.
4. In the event the airport project is an FAA AlP project with State
assistance, ODA engineering requirements will not exceed those of FAA, and
copies of all required documents submitted to FAA will fulfill ODA requirements.
TERMS OF AGREEMENT:
The maximum obligation of the State payable under this grant shall be $
This agreement shall become effective on the date all required signatures are
obtained and shall remain in effect until ., or until .,
whichever event occurs first.
Municipality Obligations:
Municipality will deposit in the Airport Fund of said airport, and amount equal
to the State's participation in said project by (date). It covenants
in any case to complete the project within days except insofar
as delay may be due to inclement weather during construction, condemnation
in conjunction with land acquisition or litigation proceedings. It also
covenants to expeditiously pursue any litigation or condemnation proceedings
necessary to or involved in completing the project.
Municipality must carry out and complete the project in accordance with the
plans and specifications and property map, incorporated herein, as they may
be revised or modified with the approval of the State. Municipality shall notify
Aviation in writing of changes in the project activities prior to performing any
changes and will not perform any changes without written approval from
Aviation.
Municipality must certify that this project was bid competitively in accordance
with bidding procedures for public contracts involving construction.
In connection with the acquisition of real property for the project, the
Municipality shall secure an appraisal and a review appraisal by competent
experienced appraisers who are members of a recognized professional
appraisal organization. Municipality can not pay in excess of the review
appraisal without the written consent of State (or if land is included in an FAA
AlP grant, the FAA must also approve) or except as otherwise directed by a
court of competent jurisdiction after a contested trial and a judgment not
resulting from an agreement between the parties. A copy of each appraisal
shall be forwarded to the State before claim to the State for payment shall be
made.
5. Aviation will not disperse grant monies to the Municipality for this airport
project until:
a) The municipality certifies in writing that it has deposited in the Airport
Fund for said airport an amount equal to the State's participation, which
deposited amount will be used solely for the project covered by this
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agreement. Further, it certifies that any State funds not utilized in this
project will be returned to the State.
b) In the case of a "force account" project, the project is completed and an
itemized statement for the cost of materials along with an itemized
statement of labor and equipment costs have been submitted to the State.
In this type of project, the amount of State funds shall not exceed the
amount expended by the Municipality for labor and equipment on the
project as covered by this agreement.
c) Municipality must submit a copy of the application for grant
reimbursement or copy of electronic drawdown request be forwarded to
the Aviation for partial State payments and or final payment, a copy of the
request for final grant payment as well as a copy of the Federal Aviation
Administration's final accounting.
Municipality must spend or obligate money allocated for projects within the
year for which allocated or Aviation may withdraw the allocation.
In accepting Financial Aid to Municipalities Program funds, the Municipality
agrees that during the lifetime of this agreement, it shall not grant any
exclusive right for the use of the airport, improvements or services at the
airport.
o
Municipality must maintain and operate the airport as an airport in a usable
safe, and orderly manner at all times for a period of at least 10 years, Further,
all income derived from the airport shall be deposited in an airport account
and these funds shall be used only for operation, maintenance or capital
improvement of the airport. ..'
Municipality is responsible for all costs and expenses related to its
employment of individuals to perform the work under this agreement,
including but not limited to retirement contributions, workers' compensation,
unemployment taxes, and State and Federal income tax withholding.
10. Municipality shall, to the extent permitted by the Oregon Constitution and the
Oregon Tort Claims Act, hold Aviation harmless from liability for any costs,
fees or expenses that may be incurred in the performance of this agreement.
11. Municipality agrees and understands that in acting under this agreement and
under any subcontracts entered into under this agreement, it will comply with
all applicable federal, state, and local laws, regulations, executive orders and
ordinances applicable to the work including, but not limited to, the provisions
of ORS 279.314, 279.316, 279.320, and 279,555, incorporated herein by
reference and made a part of this agreement.
GENERAL PROVISIONS
AVIATION OBLIGATIONS:
1. Aviation will reimburse eligible costs incurred by Municipality in carrying out
the project subject to the amounts shown in the project application, Exhibit A.
Such reimbursement shall not exceed the Agreement Amount.
Aviation certifies at the time this agreement is executed, that sufficient funds
are available and authorized for expenditure to finance costs of this
agree.ment within Aviation' current appropriation or limitation of current
biennial budget. Municipality understands and agrees that Aviation' payment
of amounts after the last day of the current biennium is contingent on
Aviation' receiving authorization from the Legislative AsSembly to continue to
finance costs of this agreement.
Aviation reserves the right to withhold payment of funds if there are
unresolved audit findings, or inadequate information concerning Municipality's
project activities. Aviation reserves the right to reallocate any portion of the
Agreement Amount, which, based on its estimate, will not be used by
Recipient.
The allowable costs of the project shall not include any costs determined by
the State to be ineligible for consideration. Allowances will not be granted for
land values for previously acquired land, value of buildings or other
improvements, airport operations and maintenance expenses such as
expenditures for wages or salaries, utilities, services vehicles, and all other
non-capital expenditures comprised of items such as: insurance premiums,
professional services (except for engineering of proposed airport capital
improvements under FAM Program), supplies, construction equipment,
upkeep and landscaping, and such other items of expenditure which may be
properly designated as "operations and maintenance."
The parties, Municipality's or Aviation' subcontractors, if any, and all
employers working under this agreement are subject employers under the
Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage for all their
subject workers.
Performance of this agreement shall not be subcontracted in whole or in part,
except with the written consent of Aviation. Municipality shall not assign this
agreement in whole, or in part or any dght, privilege, duty or obligation
hereunder, without the prior written consent of Aviation.
7. This agreement shall incorporate and shall be subject to the applicable terms
and conditions specified in Aviation' administrative rules, as they are
36
amended from time to time.
8. Inspection Schedule and Reporting System:
Except for those projects receiving both State and Federal Aid, the following
inspection schedule and reporting system is required. The Inspection
Schedule will be placed on a quarterly basis. On projects taking less than
three (3) months, the Municipality must make reports and be inspected on the
following schedule:
a) Municipality report project commencement date.
b) Municipality report project completion date and request final inspection.
c) State will make final inspection and sign off project as completed.
d) State will require Municipality to submit verification of all expenditures to
substantiate partial or final payment.
Projects taking over three (3) months will be set up on a quarterly inspection
and progress report system. The Municipality must make reports and be
inspected on the following schedule:
a) Report project commencement date.
b) Municipality will make quarterly progress reports unless partial payments
are requested sooner. The report must be in wdtten letter format; and
include the following:
· percentage of project completed,
· funds expended to date,
· short narrative of the project progress,
· problems encountered and plans for project cOmpletion.
c) State will make quarterly project inspections and prepare the report of
inspection. A copy of the report will be delivered to the Municipality.
d) Municipality will make report of completion of project and request final
inspection.
e) State will make final inspection and sign off project as completed.
f) State will require Municipality to submit verification of all project
expenditures to substantiate claims for partial or final payment.
TERMINATION:
1. Parties' Right to Terminate for Convenience. This agreement may be
terminated by mutual written consent of both parties.
Aviation' Right to Terminate for Convenience. Aviation may, at its sole
discretion, terminate this agreement, in whole or in part, upon thirty days
written notice to Municipality.
Aviation' Right to Terminate for Cause. Aviation may terminate, in whole or in
part, immediately upon notice to Municipality, or at such later date as Aviation
may establish in such notice, upon the occurrence of any of the following
3?
events:
a. If Municipality fails to provide services or funds called for by this agreement
within the time specified herein or any extension thereof.
b. If Municipality fails to perform any of the other provisions of this agreement, or
so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from Aviation
fails to correct such failures within 10 days or such longer period as Aviation
may authorize.
c. If Federal or state laws, regulations or guidelines are modified or interpreted
in such a way that the work by Municipality under this agreement is no longer
allowable or is no longer eligible for funding proposed by this Agreement.
d. Both parties agree that continuation of the project would not produce results
that are commensurate with the further expenditure of funds.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day
and year written below.
[For any grant agreement that is over $100,000]
REVIEWED FOR AVIATION
BY: Date
Assistant Attorney General
State of Oregon
Department of Aviation
By:
Title:
City of Ashland
By: ~r-/ ~
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Certificate
I, Barbara Christensen, City Recorder of the City of Ashland, Oregon, certify that the
attached copy is a full, true and correct copy of Resolution No. 2001- Adopted at a
regular meeting of the Council of the City of Ashland held on April 3, 2001, and that the
same is now in full force and effect.
Barbara Christensen, City Recorder
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