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HomeMy WebLinkAbout12117RESOLUTION NO. 12117 A RESOLUTION APPROVING A NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND PUEBLO, A MUNICIPAL CORPORATION, FOR THE USE AND BENEFIT OF PUEBLO MEMORIAL AIRPORT TO PROVIDE SERVICES NECESSARY TO RELOCATE FAA-OWNED FACILITIES IMPACTED BY THE NEW RUNWAY CONSTRUCTION PROJECT, AUTHORIZING THE PRE-PAYMENT OF $2,232,794 FROM CAPITAL PROJECT NO. AP1003, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which Pueblo Memorial Airport (Airport) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA’s mission; and the FAA has a unique capability that will be of benefit to the Airport while helping to advance the FAA’s mission; WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Airport upon a reimbursable payment basis is found in 49 USC 106 (1)(6) on such terms and conditions as the Administrator may consider necessary; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Non-Federal Reimbursable Agreement by and between the Department of Transportation Federal Aviation Administration and the Pueblo Memorial Airport, a copy of which is attached hereto and made a part hereof by reference (“Agreement”), after having been approved as to form by the City Attorney, is hereby approved, subject to the conditions as set forth in said Agreement. SECTION 2. A pre-payment to the Department of Transportation Federal Aviation Administration in the amount of $2,232,794 is hereby authorized to be paid from Capital Project No. AP1003. SECTION 3. The President of City Council is hereby authorized to execute said Agreement and the City Clerk directed to attest same. INTRODUCED: April 11, 2011 BY: Larry Atencio COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-2 DATE: April 11, 2011 DEPARTMENT: DEPARTMENT OFAVIATION MARK LOVIN, DIRECTOR TITLE A RESOLUTION APPROVING A NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND PUEBLO, A MUNICIPAL CORPORATION, FOR THE USE AND BENEFIT OF PUEBLO MEMORIAL AIRPORT TO PROVIDE SERVICES NECESSARY TO RELOCATE FAA-OWNED FACILITIES IMPACTED BY THE NEW RUNWAY CONSTRUCTION PROJECT, AUTHORIZING THE PRE-PAYMENT OF $2,232,794 FROM CAPITAL PROJECT NO. AP1003, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a non-federal reimbursable agreement and authorize a pre-payment of $2,232,794 from Capital Project No. AP1003. RECOMMENDATION Approval of this Resolution. BACKGROUND In order to proceed with the new runway construction project, the FAA navigational aid facilities have to be relocated. The FAA requires a pre-payment of the entire estimated cost of the Agreement. The pre-payment will come from the FAA Grant (95%), State Grant (2.5%), and the City (2.5%). FINANCIAL IMPACT Funds in the amount of $2,232,794 will be paid from Capital Project No. AP1003. Agreement Number AJW- FN- WSA- 11 -S029 NON - FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND PUEBLO, A MUNICIPAL CORPORATION FOR THE USE AND BENEFIT OF PUEBLO MEMORIAL AIRPORT PUEBLO, CO WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, matenal, supplies, equipment, and services which Pueblo, a Municipal Corporation for the use and benefit of Pueblo Memorial Airport (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA, WHEREAS, it has been determined that competition with the pnvate sector for provision of such material, supplies, equipment, and services is minimal, the proposed activity will advance the FAA's mission, and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA's mission, WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 USC 106(1)(6) on such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows ARTICLE 1 Parties The Parties to this Agreement are the FAA and the Pueblo Memonal Airport. ARTICLE 2 Type of Agreement This Agreement is an "other transaction" authorized under 49 USC 106(1)(6) It is not intended to be, nor will it be construed as, a partnership, corporation, point venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to provide the services necessary to relocate the FAA -owned facilities impacted by the Sponsor s new runway construction project. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled. Pueblo, Colorado — Relocate Facilities Impacted By New Runway Construction. March 4, 2011 Page 1 of 9 Agreement Number AJW FN WSA 11 - S029 Impacted FAA facilities 1 Remote Transmitter / Receiver site 2. Duct bank system supporting ASR -11 site 3 Communications cabling supporting existing RWY 8L/26R ILS B The FAA will perform the following activities 1 Engineering, technical, and contracting services required to design, construct, test, commission and /or restore facilities impacted by the Sponsor's construction project. 2. Configure and install a mobile communication vehicle (MCV) for interim air traffic communications 3 Provide duct bank requirements for the Pueblo Airport Authority's engineering consultants. 4 Provide inspection services during airport construction of the duct bank systems. 5 Supply and install fiber cables in airport constructed duct bank systems 6 Coordinate FAA construction activities with airport construction activities 7 Provide NEXCOM radios, at no cost to Sponsor C The Sponsor will perform the following activities 1 Reimburse the FAA for costs associated with the activities as outlined in this agreement, except where noted "at no cost to the Sponsor " 2 Construct duct bank system in accordance with FAA provided requirements. 3 Remove and dispose of existing FAA RTR shelter following activation of MCV for interim air traffic communications 4 Provide background drawings for the site, including utilities, topographic maps, wetlands, delineations and buffer zones, future construction, property lines and other drawings and information as mutually agreed for FAA use in the design. 5 Review comments at 60% and 90% design, documented on the agency's Clearance Record. 6 Provide /communicate scheduling requirements and constraints. 7 Modification of the no -cost land lease to the FAA to provide the easements required to accommodate the Remote Transmitter/Receiver site and the fiber duct bank systems. 8 Provide airfield escorts and access through construction gates as required. March 4, 2011 Page 2 of 9 Agreement Number AJW- FN- WSA- 11 -S029 ARTICLE 4. Points of Contact A. FAA. 1 The FAA Air Traffic Organization, Western Service Area, Technical Operations Office, Engineering Services Group will perform the scope of work included in this Agreement. Quy Do, is the Communications Engineer and liaison with the Sponsor and can be reached at (425) 227 - 1606, or via email at quy.do @faa.gov This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. FAA Contracting Officer The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Patricia Vikesland who can be reached at (425) 227 - 2863 or via email at pat.vikesland@faa.gov B Sponsor Pueblo Memorial Airport Manager Attn. Mark Lovin 31201 Bryan Circle Pueblo, CO 81001 T (719) 553 -2760 E. mlovin @pueblo.us. ARTICLE 5. Non - Interference with Operations The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and /or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA's opinion interfere with the technical and /or operations characteristics of an FAA facility, system, and /or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties will determine funding responsibility March 4, 2011 Page 3 of 9 Agreement Number AJW- FN- WSA- 11 -S029 ARTICLE 6. Transfer Agreement A. To the extent that the Sponsor provides any material associated with the project, all such material (buildings, equipment, systems, components, cable, enclosures, etc ) will become the property of the FAA. The Sponsor will enter into a transfer agreement with the FAA for all real and personal property being transferred to the FAA for conveyance of ownership The Sponsor will provide a hne item property listing in tabular format, consisting of all real and personal property that will be included in the Project. Real property will be identified by each line item and cost (e.g., foundation size, building type and dimensions, systems, composition of access road and parking, linear feet of fencing and cabling, etc) Personal property listing will include the bar code number (where applicable), manufacturer, full item description, part number and /or serial number, quantity, model number, cost, funding appropriation, etc The cost data for each item will be supported by a copy of the original invoice or billing statement and a copy of the construction contract along with verification of the contract acceptance date B The itemized cost data will be compiled into FAA Form 4650-12(1/99), Material Transfer/Receipt Document. This completed document provides an opportunity for the FAA (whenever possible) to verify equipment accountability; to assign national or local stock numbers, to determine the breakout of installed facility equipment; to establish line item accountable property; and to assign bar codes to specific equipment prior to it being recorded in property records. Joint signatures are required from both the Sponsor and the FAA Property Custodian on the FAA Form 4650- 12(1/99) prior to recordation of the assets in the FAA's property systems ARTICLE 7 Estimated Costs The estimated FAA costs associated with this Agreement are as follows Description of Reimbursable Item Estimated Cost WB4010 Program Management $ 36,000.00 WB4020 Engineering Support $ 200,057.00 WB4030 Environmental /Safety $ 7,800.00 WB4050 Construction $ 891,760.00 WB4060 Install and Checkout $ 503,006.00 WB4070 JAI/Commissioning Close -out $ 86,431.00 WB5060 Disposition/Disposal $ 40,000.00 Subtotal $ 1,765,054.00 Overhead @ 26.5% $ 467,739.31 Total Estimated Cost $ 2,232,793.31 March 4, 2011 Page 4 of 9 Agreement Number AJW- FN- WSA- 11 -S029 ARTICLE 8. Period of Agreement and Effective Date This Agreement supersedes and nullifies any previous agreements between the parties on the subject matter The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. ARTICLE 9 Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and full advance payment in the amount stated in Article 7 to the Accounting Division listed in Section C of this Article. The advance payment will be held as a non - interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. B The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below All payments must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is FAA Mike Monroney Aeronautical Center Attn AMZ -330, Reimbursable Project Team — Mattie Rutledge P 0 Box 25082 Oklahoma City, OK 73125 The overnight mailing address is FAA Mike Monroney Aeronautical Center Attn AMZ -330, Reimbursable Project Team — Mattie Rutledge 6500 S MacArthur Blvd. Oklahoma City, OK 73169 Telephone (405) 954 -3002 March 4, 2011 Page 5 of 9 Agreement Number AJW FN WSA 11 - S029 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as Pueblo Memorial Airport Attn Mark Lovin 31201 Bryan Circle Pueblo, CO 81001 T (719) 553 -2760 E. mlovin @pueblo us D The FAA will provide updates at least quarterly of costs incurred against the advance payment. A Reimbursable Bill Support List (a summary of cost by object class) will accompany all updates. E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be modified to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately The FAA will also provide the Sponsor a modification to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA -Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the modification cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Modifications Changes and /or modifications to this Agreement will be formalized by a written modification that will outline in detail the exact nature of the change Any modification to this Agreement will be executed in writing and signed by the authorized representative of each party The parties signing this Agreement and any subsequent modification(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as modifying or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be modified, whereupon the parties will consult to consider such modifications March 4, 2011 Page 6 of 9 Agreement Number AJW- FN- WSA- 11 -S029 ARTICLE 11 Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination, the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order A. This Agreement B The attachments ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 USC 106(1)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 USC 46110) March 4, 2011 Page 7 of 9 Agreement Number AJW- FN- WSA- 11 -S029 ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf ARTICLE 17 Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 USC, Section 2671, et seq., will control The FAA assumes no liability for any losses ansing out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19 Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. March 4, 2011 Page 8 of 9 Agreement Number AJW- FN- WSA- 11 -S029 ARTICLE 20. Security In the event that the security office determines that the secunty requirements under FAA Order 1600 72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3 14 -2, Contractor Personnel Suitability Requirements (January 2009) are met. ARTICLE 21 Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below In the event the parties duly execute any modification to this Agreement, the terms of such modification will supersede the terms of this Agreement to the extent of any inconsistency Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other If this Agreement is not executed by the Sponsor within 100 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. AGREED Federal Aviation Pueblo, a Municipal Corporation Administration for the use and benefit of Pueblo Memorial Airport n 6 SIGNATU' :Wif , - SIGNATURE NAME TX/ G-/ _ ydatild NAME Ray Aguilera TITLE /: /retch, 42ei*' TITLE President of City Council DATE *ll DATE April 11, 2011 ATTEST ∎, _..rr'l ,`wiA. CI CLERK March 4, 2011 Page 9 of 9