HomeMy WebLinkAbout10144RESOLUTION NO. 10144
A RESOLUTION APPROVING AND ACCEPTING A FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT PROJECT NO. 3 -08- 0046 -23 IN THE AMOUNT OF $3,355,513 FOR THE
TAXIWAY LIGHTING AND PAVEMENT REHABILITATION PROJECT AT PUEBLO MEMORIAL
AIRPORT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has received a Grant Agreement from the United States of
America Federal Aviation Administrations to fund the taxiway lighting and pavement rehabilitation
project at Pueblo Memorial Airport, subject to the execution of a Grant Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Agreement between the City of Pueblo, a Municipal Corporation, and the United
States of America Federal Aviation Administration making available $3,355,513 in federal funds for
the taxiway lighting and pavement rehabilitation project at Pueblo Memorial Airport, a copy of
which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved and accepted.
SECTION 2_
The President of City Council is hereby authorized to execute said Grant Agreement on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the
Grant Agreement and attest the same.
SECTION 3.
All expenditures from this project will be made from Project APO402.
INTRODUCED June 14. 2004
BY Michael Occhiato
Councilperson
APPROVED: kd��
PRESIE OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
A2660. -# 101LIq
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # /(
DATE: June 14, 2004
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION APPROVING AND ACCEPTING A FEDERAL AVIATION
ADMINISTRATION GRANT AGREEMENT PROJECT NO. 3- 08- 0046 -23 IN THE
AMOUNT OF $3,355,513 FOR THE TAXIWAY LIGHTING AND PAVEMENT
REHABILITATION PROJECT AT PUEBLO MEMORIAL AIRPORT AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
I-K&90
Should City Council approve and accept a Federal Aviation Administration Grant
Agreement.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Under the Airport's Capital Improvement Plan for FY2004, the medium intensity taxiway
lighting system to Runway 26 and the taxiway pavement for parallel taxiway to Runway
26 are to be rehabilitated. City Council approved a federal grant application for this
project on November 24, 2003. The Federal grant funds will pay for 95% of the total
project and the City's match will be 5% of the total project. On April 26, 2004, City
Council accepted a grant offer from the Colorado Division of Aeronautics for assistance
with the matching funds for this Federal project amounting to 50% of the total matching
funds.
FINANCIAL IMPACT
The total project amount is $3,532,119. The Federal grant is for $3,355,513. The State
grant will cover $88,303 of the project and the City's local match will be $88,303. All
project expenditures will be made from Project APO402. Of the $3,355,513 grant funds,
the Federal Aviation Administration has requested that $558,438.50 be set aside for
Additive Nos. 1 thru 4 that were bid with the project. These additives are not to be
awarded until 2005.
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: June 17,2004
To: City of Pueblo, Colorado
(herein called the "Sponsor ")
Airport: Pueblo Memorial
Project Number: 3 -08- 0046 -23
Contract Number: DOT- FA04NM -1042
From: The United States of America (acting through the Federal Aviation Administration, herein called the
EAA 1 )
Whereas, the Sponsor has submitted to the FAA a Project Application dated November 24, 2003 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:
Rehabilitate Taxiways B, C, E, F, G, H, J, and K; Rehabilitate
Taxiway Lighting; Improve Runway Visibility Zone (Phase 1),
all as more particularly described in the Project Application.
FAA Form 5100 -37 (10/69) 1
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 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, 95.00 per centum thereof.
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 $3,355,513. For the
purpose 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:
$0.00 for planning
$3,355,513 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 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 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 July 16, 2004, 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
FAA Form 5100 -37 (10189) 2
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.
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, 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.
11. It is mutually understood and agreed that if, during the life of the project, 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 project, 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. 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, may be increased by not more than 15 percent for
development projects.
13. 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 Airport Sponsor Assurance
Number C -11. The Sponsor shall use such program for the useful life of any pavement constructed,
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
FAA Form 5100 -37 (10/89) 3
An effective pavement maintenance management program is one that details the procedures to be
followed to assure 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 (AIP) 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 drive -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 must 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, so 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 distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
FAA Form 5100 -37 (10/89) 4
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, 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 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.
15. The Sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant
services, the Sponsor agrees to make payment for work that has been satisfactorily completed. It is
understood by and between the parties hereto that the approximate value of final project documentation is
ten percent of the total value of the engineering services contract, and that amount will not be paid to the
Engineer until acceptable final project documentation (satisfactory engineer's final report and "as
constructed" plan set) is provided.
FAA Form 5100 -37 (10/89) 5
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
dale , A J bcaAJ
Craig A� Sparks '
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 14th day of June ' 20 04.
CITY OF PUEBLO, COLORADO
92 zz�
(SEAL) Sponsor' Designated Official Representative
Rand Thurston
Attest: D L Title: President of City Council
Gin Dutcher
Title: Pue o City Clerk
Certificate of Sponsor's Attorney
I, Thomas As Jagger 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 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 /kPGr this 3 day of c/rttie 20?1�e
Signature of Spons s A rney
FAA Form 5100 -37 (7/90) 6