HomeMy WebLinkAbout09118RESOLUTION NO. 9118
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT
IMPROVEMENT GRANT OFFER AIP 3 08 0046 20 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, a Municipal Corporation, does hereby accept the Airport Improvement Grant
Offer AIP 3 08 0046 20 from the United States of America for the purpose of obtaining Federal Aid
for Pueblo Memorial Airport Improvements consisting of
1. Install Runway Distance Remaining Signs on Runways 8L/26R and 17/35;
2. Install Precision Approach Path Indicators on Runways 8L and 35;
3. Install Runway End Identifier Lights on Runway 35.
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 account 410 - 0000 - 555.94 -11.
SECTION 4
A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part
hereof.
ATTEST:
Cit Jerk
INTRODUCED September 25, 2000
By Robert Schilling
Councilperson
APPROVED:
. l /. k___. --
President of City Council
Council Agenda
RESOLUTION AUTHORIZING THE ACCEPTANCE
OF AN AIRPORT IMPROVEMENT GRANT OFFER
TITLE: FOR AIP PROJECT No. 3 08 0046 20 AGENDA ITEM # 9
DEPARTMENT PUEBLO MEMORIAL AIRPORT DATE SEPTEMBER 25, 2000
ISSUE
Should the City Council approve a Resolution authorizing the acceptance of an Airport
Improvement Grant or AIP Project No. 3 08 0046 20 from the United States of
America relating to 7elect�ric improvements at the Pueblo Memorial Airport.
-
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
An application for the grant was approved by City Council on April 10, 2000 under
Resolution No. 8977. This project will consist of the installation of Runway Distance
Remaining signs on Runways 8L/26R and 17/35; Precision Approach Path Indicators on
Runways 8L and 35; and Runway End Identifier Lights on Runway 35. The project is
necessary to accommodate the requirements of FAR Part 139 and will increase the safety
of aircraft landing on these runways.
The initial application also included the construction of an electrical equipment building.
The current building was built in 1958 and does not meet the current National Electrical
Code. Due to federal funding issues, this portion of the project will be funded under a
second grant. The second grant is projected to be issued by the FAA before the end of this
year. The amount of that grant is expected to be $219,736 with the local match being
$24,415.11.
FINANCIAL IMPACT
The grant amount is for $666,528. The local match is $74,058.67. Funding for the
project shall be paid from account 410-0000-555.94-11.
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 ")
September 18, 2000
Pueblo Memorial Airport
3 -08- 0046 -20
DOT - FAOONM -1068
From: The United States of America (acting through the Federal Aviation Administration, herein called the
11
Whereas, the Sponsor has submitted to the FAA a Project Application dated April 11, 2000 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:
Install Runway Distance Remaining Signs on Runways 8L/26R and 17/35;
Install Precision Approach Path Indicators on Runways 8L and 35; Install
Runway End Identifier Lights on Runway 35,
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
The maximum obligation of the United States payable under this offer shall be $666,528. 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
$666,528 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.
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 project
unless this offer has been accepted by the Sponsor on or before September 28, 2000, 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 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.
FAA Form 5100 - 37(10/89)
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 July 1, 1999, 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. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA,
the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the
AIP during the useful life of the equipment. The Sponsor must check the facility, including instrument landing
systems, prior to commissioning to ensure it meets operational standards. The sponsor must also remove,
relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the
obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark
and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any Sponsor- acquired equipment, except for instrument landing systems.
13. The Sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed
or repaired under this Airport Improvement Program project has completed, or will complete, successful
verification and validation of the year 2000 (Y2K) date change data processing. The Sponsor shall ensure Y2K
compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it
meets operational standards. The Sponsor must provide for continuous operation and maintenance of such, or
alternate courses of action. The future Y2K awareness, assessment (including associated testing), renovation,
validation, and implementation work related to the project will be the responsibility of the Sponsor or its
contractor. The Government will not participate in additional costs of Y2K assessment, testing, or repair work
for the automated data processing subject to this grant agreement.
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 ;�.5 +h day of — - , % 20 00
OF
By: " A
(SEAL) Sponsor's Designated Official Representative
Attest: Title: Y ep L
Title: C
Certificate of Sponsor's Attorney
I, !f o . r-7 J e2 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 ti, Al ,� f j Yi this 27 day of f Po, & -erg. 2 0C9� .
Signature of-Wo"nsor's Attorney
FAA Form 5100 - 37(7/90) 4