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HomeMy WebLinkAbout8236RESOLUTION NO. 8236 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 18 FROM THE UNITED STATES OF AMERICA RELATING TO 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 18 from the United States of America for the purpose of obtaining Federal Aid for Pueblo Memorial Airport Improvements consisting of: 1. Pave and Light Taxiway "K" Extension Including Connector Taxiway "M" 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 34 fund. SECTION 4 A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED q=t thPr 22, 1997 ATTEST: City Clerk By APPROVED: Councilperson reside of City Council tide iRg ^ G � '>4hsoEr� FEDERAL AVIATION ADMINISTRATION December 17, 1997 Ms. Cathy A. Garcia, President Pueblo City Council 1 City Hall Place Pueblo, Colorado 81003 Dear Ms. Garcia: DENVER AIRPORTS DISTRICT OFFICE 26805 EAST 68th AVENUE, SUITE 224 DENVER, COLORADO 80249 -6361 (303) 342 -1250 This letter transmits the FAA's current Fiscal Year 1998 statement of the maximum obligation for the multi -year grant agreement for Project No. 3 -08- 0046 -18, Contract No. DOT- FA97NM- 1049. The above mentioned grant agreement commits the United States to the obligation of additional amounts to this project, as authorized by Title 49, U.S.C., Subtitle VII, Part B, Section 47108. For Fiscal Year 1998, this additional amount is $402,440. The current maximum obligation for this agreement is now $928,650. For the purposes of any future grant amendments which may increase the maximum obligation of the United States under the provisions of Title 49, U.S.C., Subtitle VII, Part B, Section 47108, the following amounts are being specified for this purpose: $ -0- for planning $928,650 for airport development or noise program implementation Under the terms of the Grant Agreement, the parties have agreed that this document is incorporated into and is part of the above - captioned Grant Agreement. Sincerely, Alan E. Wiechmann, Manager Denver Airports District Office Jt022 � pF TR IV Q0 11: o g 2 �� s Tares of 'k FEDERAL AVIATION ADMINISTRATION September 8, 1997 Ms. Cathy A. Garcia, President Pueblo City Council 1 City Hall Place Pueblo, Colorado 81003 Dear Ms. Garcia: DENVER AIRPORTS DISTRICT OFFICE 26805 EAST 68th AVENUE, SUITE 224 DENVER, COLORADO 80249 -6361 (303) 342 -1254 Enclosed are four copies of a grant offer for Airport Improvement Program Project No. 3 -08- 0046-18 at the Pueblo Memorial Airport in which $526,210 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Note that this is a multi -year grant offer setting forth a total estimated federal amount of $928,650. 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. Please note the acceptance deadline of September 26, 1997, this date cannot be extended. 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 F j.. SEP 1 5 1997 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 ") SEP 8 1997 Pueblo Memorial 3 -08- 0046 -18 DOT- FA97NM -1049 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 Project Application dated June 10, 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: Pave and Light Taxiway "K" Extension Including Connector Taxiway "M ", all as more particularly described in the Project Application. Whereas, this project will not be completed during Fiscal Year 1997 and the total U.S. share of the estimated cost of completion will be $928,650. 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 The maximum obligation of the United States payable under this offer shall be $526,210. 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 $526,210 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. 6. 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 September 26, 1997, 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 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 FAA Form 5100 -37 (10/89) 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. Special Conditions 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. 12. The Sponsor agrees to comply with the Assurances attached to this offer which replaces the assurances that accompanied the Application for Federal Assistance. 13. The maximum obligation for the current fiscal year stated in Condition 1 of this agreement may be increased by the additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United States' share of the total estimated cost of completion, except as provided in Title 49, U.S.C., Section 47108(b). Under Title 49, U.S.C., Section 47108(a), and at the Sponsor's request, the FAA commits the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or part of the funds apportioned to the Sponsor for FY 1998 under Title 49, U.S.C., Section 47114(c)(1)(A), subject to the restriction on the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other statute or regulation. It is further understood by the parties that this commitment does not in itself obligate, preclude, or restrict the FAA in the use of any funds made available for discretionary use under Title 49, U.S.C., Sections 47114, 47115 and 47116 to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. FAA Form 5100 -37 (10/89) The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the Sponsor stating the current maximum obligation for this project. This letter will be issued to the sponsor by FAA when such computation and obligation can be made in FY 1998. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and part of, this agreement. 14. The Sponsor agrees to perform the following: a. Furnish a construction management program to 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 project 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. (3) 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, 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 reasons for accepting any out -of- tolerance material. C. Failure to provide a complete report as described in paragraph (c), 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 be 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. FAA Form 5100 -37 (10/89) 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 22nd day of September , 19 CITY OF PUEBLO, COLO O - By: (SEAL) Sponsor's Desig ed Offec' 1 Representative Attest: _ Title: president of City Council Title: City Clerk Certificate of Sponsor's Attorney I Thomas J. F lore z a acting as Attorney for the Sponsor do hereby certify: Assis`Eant CiEt j- ttorney 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 Pueblo. Colorado this 23rd day of September , 19 97 . Signature of Spo so s ttomey FAA Form 5100 -37 (7/90)