Ord 049-2004 6/15/2004ORDINANCE NO. �a -,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL
REVENUE FUND FOR GRANT REVENUE FROM THE FEDERAL
AVIATION ADMINISTRATION FOR PHASE II AIRFIELD
IMPROVEMENTS AT KICK.APOO DOWNTOWN AIRPARK AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
ACCEPTING SAME; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls desires to make certain airfield
improvements to Kickapoo Downtown Airpark including the reconstruction of runway 17-
35, reconstruction of Taxiway A, new runway lighting and signage, new beacon and
tower and drainage improvements; and
WHEREAS, the City has applied for assistance in completing these projects from
the Federal Aviation Administration; and
WHEREAS, the Federal Aviation Administration has offered a grant to the City
(FY 2004) in the amount of $1,000,000.00, to assist with this project; and
WHEREAS, the City of Wichita Falls will pay 5% of the cost for these services in
the amount of $52,632.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The grant agreement between the City of Wichita Falls and the
Federal Aviation Administration for the reconstruction of runway 17 -35, reconstruction of
Taxiway A, new runway lighting and signage, new beacon and tower and drainage
improvements at Kickapoo Downtown Airpark is hereby approved and the City Manager
is authorized to execute same for the City of Wichita Falls.
SECTION 2 . There is hereby appropriated into the Special Revenue Fund
$1,000,000.00 from the Federal Aviation Administration and $52,632.00 from the Airport
Fund for the above described project.
SECTION 3 . It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 15th day of June 2004.
MAYOR
ATTEST:
City Clerk
U.S. Department
of Transportation
Federal Aviation
Administration
G RANT AGREEMENT
G� -CN�J'
PART I — OFFER
ISIN � 7 r, #
Date of Offer
Kickapoo Downtown Airpark
Airport/Planning Area
3-48- -0346- 005 -2004
AIP Grant No.
TO:
(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 Grant Application dated May 21, 2004, for
a grant of Federal funds for a project(s) at or associated with the Kickapoo Downtown Airpark
Airport which Grant Application, as approved by the FAA, is hereby incorporated herein and
made a part hereof; and
WHEREAS, the FAA has approved a project(s) for the Airport (or Planning Area) (herein called
the "Project ") consisting of the following:
Reconstruct and Extend Rwy 17135; Rehabilitate Taxiways; Install Airport Beacon; Install
Runway End Identifiers Lights; Install Precision Approach Path Indicator, Install Airfield
Lighting; Install Medium Intensity Runway Lights
all as more particularly described in the Grant Application.
FAA Form 5100 -37 (10 -89) Page 1 of 1
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i
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
Grant 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 Grant 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 Grant, ninety- five(95) per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. The maximum obligation of the United States payable under this Offer shall be $1,000,000.
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:
$1,000,000 for airport development.
2. The allowable costs of the project(s)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(s) 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 Grant
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 Grant unless this offer has been accepted by the Sponsor on or before thirty days
from Grant Offer, 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 dispersed 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 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.
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9. MAXIMUM OBLIGATION INCREASE FOR NONPRIMARY AIRPORTS: In accordance
with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as
stated in Condition No. 1 of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent or by an amount not to exceed 25 percent
of the total increase in allowable costs attributable to the acquisition of land or interests in
land, whichever is greater, based on current credible appraisals or a court award in a
condemnation proceeding.
10. MAXIMUM OBLIGATION INCREASE FOR PRIMARY AIRPORTS:. In accordance with Section
47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in
Condition No. 1 of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land projects.
11. INFORMAL LETTER AMENDMENT OF AIP GRANTS: It is mutually understood and
agreed that if, during the life of the Grant, 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 percent (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 overrun 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 Grant, 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.
12. BUY AMERICAN REQUIREMENT: 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.
13. AIR AND WATER QUALITY: Approval of the project(s) included in this agreement is
conditioned on the Sponsor's compliance with applicable air and water quality standards in
accomplishing project construction. Failure to comply with this requirement may result in
suspension, cancellation, or termination of Federal assistance under this agreement.
14. FOR SPONSORS USING LETTER OF CREDIT The Sponsor agrees to request cash
drawdowns on the letter of credit only when actually needed for its disbursements and to timely
reporting of such disbursements as required. It is understood that failure to adhere to this
provision may cause the letter of credit to be revoked.
15. PAVEMENT MAINTENANCE MANAG PROGRAM: For a project to replace or
reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement
maintenance management program as is required by the Airport Sponsor Assurance Number
C -11. The Sponsor shall use such program for the useful life of any pavement constructed,
,-,r, � U1111 0 v u., -o f k I U - aa) Page 3 of 3
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reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the
program must conform with the provisions outlined below:
Pavement Maintenance Management Program
An effective pavement maintenance management program is one that details the procedures to
be followed to ensure that proper pavement maintenance, both preventive and repair, is
performed. An airport sponsor may use any form of inspection program it deems appropriate.
The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
(1) Location of all runways, taxiways, and aprons;
(2) Dimensions;
(3) Type of pavement, and;
(4) Year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program assurances, pavements that have
been constructed, reconstructed, or repaired with federal financial assistance shall be so
depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a
year. If a history of recorded pavement deterioration is available, i.e., Pavement
Condition Index (PCI) survey as set forth in Advisory Circular 150/5380 -6,
"Guidelines and Procedures for Maintenance of Airport Pavements," the
frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A derive -by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and
on the maintenance performed roust be recorded and kept on file for a minimum of five
years. The types of distress, their locations, and remedial action, scheduled or
performed, must be documented. The minimum information to be recorded is listed
below:
(1) Inspection date,
(2) Location,
(3) Distress types, and
(4) Maintenance scheduled or performed.
For drive -by inspections, the date of inspection and any maintenance performed must
be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems
appropriate, as long as the information and records produced by the pavement survey can
be retrieved to provide a report to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380 -6, "Guidelines and Procedures for
Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining
airport pavements and establishing an effective maintenance program. Specific types of
FAA Form 5100 -37 (10 -89) Page 4 of 4
ASW -600 (1/03)
distress, their probable causes, inspection guidelines, and recommended methods of repair
are presented.
16. GRANTS WHICH CONTAIN PAVING WORK IN EXCESS OF $250,000: The Sponsor
agrees to perform the following:
a. Furnish a construction management program to the 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 Grant 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.
(:I) 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.
(6) Procedures for ensuring that the tests are taken in accordance with the program,
that they are documented daily, and that the proper corrective actions, where
necessary, are undertaken.
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 the
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 The 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.
17. FOR GRANTS WITH LAND ACQUISITION: It is understood and agreed by and between
the parties, hereto that notwithstanding the fact that this Grant Offer is; made and accepted upon
the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees
that upon completion of the land acquisition in this project, it will update said Exhibit "A" Property
FAA Form 5100 -37 (10 -89) Page 5 of 5
ASW -600 (1/03)
Map to standards satisfactory to the Federal Aviation Administration (FAA) and submit said
documentation in final form to the FAA. It its further mutually agreed that thE! reasonable cost of
developing said Exhibit "A" Property Map is an eligible administrative cost for participation within
the scope of this project.
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant 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 Grant 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
(Signature)
J. Michael Nicely
(Typed Name)
Manager, Texas Airports Development Office
........... _... ............................ _ ..................._.._.....__..._...._.._..._. _....__......_._..........._._. _ ...............
(Title)
FAA Form 5'100 -37 (10 -89) Page 6 of 6
ASW -600 (1103)
PA - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant 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 Grant
Application.
Executed this 22nd
(SEAL)
day of June
_ , 20 04
f Wichita Falls
_...._. _.__...._ ................_......._............... _ ......... _...._.
(Name f Sponsor)
( �gnature o Spon is Designat+
epresentative)
By: James Berzina
_._.....&- .... ............._......_.__.__._..._._..._._._-_._--
(Typed Name S onsor's Desi nated Official
Representative)
Title City Manager
_ ......... .......... . .............. ....... ...... ........................- -_....
Attest (Typed Title of Sponsor's Designated Official
t1 1. . . Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
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 . 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 this
M
day of _ , 20
(Signature of Sponsors Attorney)
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