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HomeMy WebLinkAbout08129RESOLUTION NO. 8129 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 17 FROM THE UNITED STATES OF AMERICA RELATING TO THE 1997 PUEBLO MEMORIAL AIRPORT IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: SECTION 1 The City of Pueblo does hereby accept the Airport Improvement Grant Offer AIP 3 08 0046 17 from the United States of America for the purpose of obtaining Federal Aid for the 1997 Pueblo Memorial Airport Improvements consisting of: 1. Aquisition of Snow Removal Equipment SECTION 2 The City of Pueblo does hereby ratify and adopt all statements, representatives, warranties, covenants, and agreements contained in it's Application for Federal Assistance which is incorporated by reference in said Grant Offer. SECTION 3 The President of the City Council is hereby authorized to execute said Grant Offer on behalf of the City of Pueblo and the City Clerk is hereby authorized and directed to attest said execution and impress thereon the Official Seal of the City of Pueblo. Matching funds for this project will come from the Fuel Sales Tax Reimbursement account. SECTION 4 A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED. May 12, 1997 ATTEST: y Clerk By Al Gurule Councilperson APPROVED: Pr sident City Council U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: Airport: Project Number: Contract Number: To: City of Pueblo, Colorado (herein called the "Sponsor ") April 25, 1997 Pueblo Memorial 3 -08- 0046 -17 DOT- FA97NM -1011 From: The United States of America (acting through the Federal Aviation Administration, herein called the 11 FAA 11 ) Whereas, the Sponsor has submitted to the FAA a Project Application dated February 3, 1997 for a grant of Federal funds for a project at or associated with the Pueblo Memorial 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: Acquire Snow Removal Equipment, all as more particularly described in the Project Application. FAA Form 5100 -37 (10/89) 1 Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, as amended, 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, 90.00 percent. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $108,900. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under Title 49, U.S.C., section 47108(b), the following amounts are being specified for this purpose: $ -0 -for planning $108,900 for airport development and noise program implementation 2. 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 Title 49, U.S.C., subtitle VII, Part B.. 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 delay 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. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 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 May 30, 1997, 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 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 FAA Form 5100 -37 110/89) 2 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. Special Conditions 9. The Sponsor will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects," dated May 1, 1995, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. Unless otherwise approved by the FAA, it 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. 11. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108(b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. FAA Form 5100 -37 (10/89) 3 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 Title 49, U.S.C., Subtitle VII, Part B, as amended, 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 Manager, Denver 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 12th day of May , 19 97 CITY OF PUEBLO, COLORADO By: Q , (SEAL.) Sponsor's Designated Official Representative Attest: Title: President of Ci Council Title: cl Certificate of Sponsor's Attorney I, l %��no -7- Tom, , 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 Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof 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 Title 49, U.S.C., Subtitle VII, Part B, as amended. 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 3'�!-' day of /u � -P , 19 Signature of Spo o ' orney FAA Form 5100 -37 (7190) 4 e: zro Q* 1RA W � � 2 '�'ATFS DENVER AIRPORTS DISTRICT OFFICE 26805 EAST 68th AVENUE, SUITE 224 DENVER, COLORADO 80249 -6361 (303) 342 -1254 FEDERAL. AVIATION ADMINISTRATION April 25, 1997 Ms. Cathy A. Garcia, President Pueblo City Council 1 City Hall Place Pueblo, Colorado 81003 Dear Ms. Garcia: Enclosed are four copies of a grant offer for Airport Improvement Program Project No. 3 -08- 0046-17 at the Pueblo Memorial Airport in which $108,900 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Please complete Part II (Acceptance) by having the authorized officials execute the last page of the grant offer. Certification by the attorney should be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed, but evidence of such procedure is not required by the Federal Aviation Administration. After execution and certification of the grant agreement, please return three copies to this office. The other copy is for your records. Sincerely, Alan E. Wiechmann, Manager Denver Airports District Office Enclosures LIST OF ADVISORY CIRCULARS Under no. 34 of the new Assurances, FAA is required to make you aware of the list of Advisory Circulars for which you are responsible. If you have any questions, please call the Denver ADO. CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Updated on: 5/1/95 NUMBER/SUBJECT 70/7460 -1H CHG 1 & 2 - Obstruction Marking and Lighting 150 /5000 -13 Announcement of Availability- -RTCA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150 /5100 -14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150 /5210 -5B Painting, Marking and Lighting of Vehicles Used on an Airport 150 /5210 -7B Aircraft Fire and Rescue Communications 150 /5210 -14 Airport Fire and Rescue Personnel Protective Clothing 150 /5210 -15 Airport Rescue & Firefighting Station Building Design 150/5210 -18 Systems for Interactive Training of Airport Personnel 150/5220 -4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220 -10A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220 -13B Runway Surface Condition Sensor Specification Guide 150/5220 -14A Airport Fire and Rescue Vehicle Specification Guide 150/5220 -16A Automated Weather Observing Systems for NonFederal Applications 150/5220 -17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220 -18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 150 /5220 -20 CHG 1 - Airport Snow and Ice Control Equipment 150/5220 -21 CHG 1 - Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5300 -13 CHG 1, 2, 3 & 4 - Airport Design 150/5300 -14 Design of Aircraft Deicing Facilities 150/5300 -15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150 /5320 -5B Airport Drainage 150/5320 -6C CHG 1 & 2 - Airport Pavement Design and Evaluation 150/5320 -12B Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320 -14 Airport Landscaping for Noise Control Purposes 150/53254A CHG 1 - Runway Length Requirements for Airport Design 150/5340 -1G Standards for Airport Markings 150/5340 -4C CHG 1 & 2 - Installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340 -5B CHG 1 - Segmented Circle Airport Marker System 150/5340 -14B CHG 1 & 2 - Economy Approach Lighting Aids 150/5340 -17B Standby Power for NonFAA Airport Lighting Systems 150/5340 -18C CHG 1 - Standards for Airport Sign Systems 150/5340 -19 Taxiway Centerline Lighting System 150/5340 -21 Airport Miscellaneous Lighting Visual Aids 150/5340 -23B Supplemental Wind Cones 150/5340 -24 CHG 1 - Runway and Taxiway Edge Lighting System 150 /5340 -27A Air -to- Ground Radio Control of Airport Lighting Systems 150/5345 -3D Specification for L821 Panels for Remote Control of Airport Lighting 150/5345 -5A Circuit Selector Switch 150/5345 -71) CHG 1 - Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10E Specification for Constant Current Regulators Regulator Monitors 150/5345 -12C Specification for Airport and Heliport Beacon 150/5345 -13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26B CHG 1 & 2 - Specification for L823 Plug and Receptacle, Cable Connectors 150/5345 -27C Specification for Wind Cone Assemblies 150/5345 -28D CHG 1 - Precision Approach Path Indicator (PAPI) Systems 150/5345 -39B CHG 1 - FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers 150/5345 -42C CHG 1 - Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43D Specification for Obstruction Lighting Equipment 150/5345 -44F CHG 1 - Specification for Taxiway and Runway Signs 150/5345 -45A Lightweight Approach Light Structure 150/5345 -46A Specification for Runway and Taxiway Light Fixtures 150/5345 -47A Isolation Transformers for Airport Lighting Systems 150/5345 -49A Specification L854, Radio Control Equipment 150/5345 -50 CHG 1 - Specification for Portable Runway Lights 150/5345 -51 CHG 1 - Specification for Discharge -Type Flasher Equipment 150/5345 -52 Generic Visual Glideslope Indicators (GVGI) 150/5345 -53 Airport Lighting Equipment Certification Program 150/5360 -9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360 -12A Airport Signing & Graphics 150/5360 -13 CHG 1 - Planning and Design Guidance for Airport Terminal Facilities 150/5370 -2C Operational Safety on Airports During Construction 150/5370 -6B Construction Progress and Inspection Report- Airport Grant Program 150/5370 -1OA CHG 1, 2, 3, 4, 5, 6, 7 & 8 - Standards for Specifying Construction of Airports 150/5370 -11 CHG 1 - Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370 -12 Quality Control of Construction for Airport Grant Projects 150/5390 -2A Heliport Design 150/5390 -3 Vertiport Design