HomeMy WebLinkAbout08338ORDINANCE NO. 8338
AN ORDINANCE APPROVING AND RATIFYING AN
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
RATIFYING THE EXECUTION AND DELIVERY THEREOF
BY THE PRESIDENT OF CITY COUNCIL
WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by
contract, material, supplies, equipment, and services which the 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 execution and delivery of the Agreement by the President of City Council is hereby
approved, confirmed and ratified.
INTRODUCED: April 11, 2011
BY: Larry Atencio
COUNCILPERSON
PASSED AND APPROVED: April 25, 2011
Background Paper for Proposed
O
RDINANCE
# R-2
AGENDA ITEM
DATE: April 11, 2011
DEPARTMENT:
DEPARTMENT OFAVIATION
MARK LOVIN, DIRECTOR
TITLE
AN ORDINANCE APPROVING AND RATIFYING AN 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 RATIFYING THE EXECUTION AND DELIVERY THEREOF BY THE
PRESIDENT OF CITY COUNCIL
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 Ordinance.
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%). Due to time constraints, the agreement will be approved under a Resolution so that
it may be delivered to the FAA in a timely manner. This Ordinance ratifies the actions of the
Resolution.
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