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HomeMy WebLinkAbout11944RESOLUTION NO. 11944 A RESOLUTION ACCEPTING A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT AGREEMENT PROJECT NO. 3-08-0046-30 FOR FUNDS UP TO OF $8,500,000 FOR THE CONSTRUCTION OF A NEW TRAINING RUNWAY 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 construction of a new training runway 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 federal funds up to $8,500,000 for the construction of a new training runway at Pueblo Memorial Airport, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby 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. INTRODUCED: July 26, 2010 BY: Vera Ortegon COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # DATE: July 26, 2010 DEPARTMENT: DEPARTMENT OFAVIATION MARK LOVIN, DIRECTOR TITLE A RESOLUTION ACCEPTING A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT AGREEMENT PROJECT NO. 3-08-0046-30 FOR FUNDS UP TO $8,500,000 FOR THE CONSTRUCTION OF A NEW TRAINING RUNWAY AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council accept an FAA grant for funds up to $8,500,000 to construct a new training runway at the airport. RECOMMENDATION Approval of this Resolution. BACKGROUND This grant is for the design and construction of a new training runway and associated taxiways. The FAA has determined that the current training runway is unsafe due to its proximity to the ramp. The funds requested with this application are for 95% of the project funding. The State has issued a grant to us that will fund 2.5% and the City’s obligation will be 2.5%. In order to meet a federal funding deadline, the FAA is requiring a response from the City by July 28, 2010. An Ordinance officially approving and accepting the grant will be on the Council th Agenda for August 9. FINANCIAL IMPACT The total project is estimated at $12,000,000. The FAA Grant is for funds up to $8,500,000. The State has issued a grant in the amount of $219,737 to cover half of the matching funds. The City's local match of $219,737 has been budgeted in the 2010 Capital Improvement fund. Another grant for this project will be issued next year for approximately $3,500,000. d ;. U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: August 11, 2010 Airport: Pueblo Memorial Project Number: 3 -08- 0046 -30 Contract Number: DOT- FA1ONM -1129 DUNS Number: 01- 062 -0284 To: City of Pueblo, Colorado (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 Project Application dated March 8, 2010 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: Construct Replacement Training Runway, Phase II (design, reimbursable agreement, and site preparation); Conduct Wildlife Hazard Assessment, all as more particularly described in the Project Application. FAA Form 5100-37 (7/90) 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 1. The maximum obligation of the United States payable under this offer shall be $8,510,477. 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- for planning $8,510,477 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 August 27, 2010, 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 (7/90) 2 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 Required for Use in AIP Funded and PFC Approved Projects," dated June 2, 2010, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. 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. 11. 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. 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: 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. 13. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services, the Sponsor agrees to make payment only for work that has been satisfactorily completed. It is understood by and between the parties hereto that the approximate value of the final project documentation is ten percent (10 %) FAA Form 5100 -37 (7/90) 3 of the total value of the engineering services contract, and that amount will not be paid to the Engineer until acceptable final project documentation is provided. 14. TRAFFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not — i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either- - i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. FAA Form 5100 -37 (7/90) 4 d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity ": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for - profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). FAA Form 5100 -37 (7/90) 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 the Act, 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, D ver Airpo s District Office Part 11 - 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. i Executed this / / day_of Pr , 2010. CITY OF PUEBLO, COLORADO aL a41.42, \A CP±Z.{...;) (SEAL) — : : - • Sponsor's Designated Official Representative Attest: Title: President of the City Council Title: Cit Clerk Certificate of Sponsor's Attorney 1 Thomas Florczak 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 t�e40 li .k this 8 714 day of /414444 , 2010. Signature o nsor's A" ' ey FAA Form 5100 -37 (7/90) 6 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6 /2/2010 View the most current versions of these ACs and any associated changes at: http: / /www.faa.gov /airports /resources /advisory circulars M')u ;NU MB,ER � TITLEig r gAAy KRI:* W ..,.` ...�_. 70/7460 -1 K Obstruction Marking and Lighting 150/5000 -13A Announcement of Availability —RTCA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 150/5020 -1 Noise Control and Compatibility Planning for Airports 150/5070 -6B Change 1 Airport Master Plans 150/5070 -7 The Airport System Planning Process 150/5200 -28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200 -30C Airport Winter Safety and Operations 150/5200 -33B Hazardous Wildlife Attractants On or Near Airports 150/5210 -5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -7D Aircraft Fire and Rescue Communications 150/5210 -13B Water Rescue Plans, Facilities, and Equipment 150/5210 -14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210 -15A Airport Rescue & Firefighting Station Building Design 150/5210 -18A Systems for Interactive Training of Airport Personnel 150/5210 -19A Driver's Enhanced Vision System (DEVS) 150/5220 -4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220 -13B Runway Surface Condition Sensor Specification Guide 150/5220 -16C Automated Weather Observing Systems for Non - Federal Applications 150/5220 -17A and Change 1 Design Standards for an Aircraft Rescue Firefighting Training Facility 150/5220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -20 and Change 1 Airport Snow and Ice Control Equipment 150/5220 -21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5220 -22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns 150/5220 -23 Frangible Connections 150/5220 -24. Foreign Object Debris Detection Equipment 150/5300 -13 and Changes 1 –15 Airport Design 150/5300 -14B Design of Aircraft Deicing Facilities 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300 -17B General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition 150/5300 -18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320 -5C and Change 1 - Surface Drainage Design 150/5320 -6E Airport Pavement Design and Evaluation 150/5320 -12C and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement through 8 Surfaces 150/5320 -14 Airport Landscaping for Noise Control Purposes 150/5320 -15A Management of Airport Industrial Waste 150/5325 -4B Runway Length Requirements for Airport Design 150/5335 -5A Standardized Method of Reporting Airport Pavement Strength PCN 150/5340 -1J and Change 2 Standards for Airport Markings (Change 1 &2) 150/5340 -5C Segmented Circle Airport Marker System 150/5340 -18E Standards for Airport Sign Systems 150/5340 -30D Design and Installation Details for Airport Visual Aids 150/5345 -3F Specification for L821 Panels for the Control of Airport Lighting 150/5345-58 Circuit Selector Switch 1505345 -7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10F Specification for Constant Current Regulators Regulator Monitors 150/5345 -12E Specification for Airport and Heliport Beacon 150/5345 -13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345 -27D Specification for Wind Cone Assemblies 150/5345 -28F Precision Approach Path Indicator (PAPI) Systems 150/5345 -39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345 -42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43F Specification for Obstruction Lighting Equipment 150/5345 -44H Specification for Taxiway and Runway Signs 150/5345 -450 Low- Impact Resistant (LIR) Structures 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -47B Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345 -49C Specification L854, Radio Control Equipment 150/5345 -50B Specification for Portable Runway and Taxiway Lights 150/5345 -51A Specification for Discharge -Type Flasher Equipment 150/5345 -52A Generic Visual Glideslope Indicators (GVGI) 150/5345 -53C Airport Lighting Equipment Certification Program 150/5345 -54B Specification for L -1884, Power and Control Unit for Land and Hold Short 150/5345 -55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345 -56A Specification for L -890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360 -9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360 -12E Airport Signing and Graphics 150/5360 -13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370 -2E Operational Safety on Airports During Construction 150/5370 -10E Standards for Specifying Construction of Airports 150/5370 -11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380 -6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5390 -2B Heliport Design 150/5390 -3 Vertiport Design 150/5395 -1 Seaplane Bases THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED`;6 /2/2010 NUMBER TITLE 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100 -15A Civil Rights Requirements for the Airport Improvement Program 150/5100 -17 and Changes 1 - 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300 -15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320 -17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370 -6D Change 1 -4 Construction Progress and Inspection Report — Airport Grant Program 150/5370 -12A Quality Control of Construction for Airport Grant Projects 150/5370 -13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5380 -7A Airport Pavement Management Program 150/5380 -8A Handbook for Identification of Alkali - Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED 6/2/2010 NUMBER TITLE 150/5000 -12 Announcement of Availability — Passenger Facility Charge (PFC) Application (FAA Form 5500 -1)