HomeMy WebLinkAbout09166ORDINANCE NO. 9166
AN ORDINANCE APPROVING A NON-FEDERAL
REIMBURSABLE AGREEMENT BETWEEN THE
DEPARTMENT OF TRANSPORTATION FEDERAL
AVIATION ADMINISTRATION AND THE CITY OF PUEBLO,
DEPARTMENT OF AVIATION TO PROVIDE A SPECIAL
FLIGHT INSPECTION OF AVIATION EQUIPMENT
IMPACTED BY THE REHABILITATION OF RUNWAY 17/35
AND AIRFIELD LIGHTING PROJECT AT PUEBLO
MEMORIAL AIRPORT, AUTHORIZING A PRE-PAYMENT
OF $8,444.98 FROM CAPITAL PROJECT NO. AP1701 AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the Rehabilitation of Runway 17/35 and Airfield Lighting Project at
Pueblo Memorial Airport may impact aviation equipment; and
WHEREAS, a Non-Federal Reimbursable Agreement needs to be entered into
with the Federal Aviation Administration (“FAA”) to provide special flight inspections of
this equipment to determine that it is functioning properly; NOW THEREFORE,
BE IT ORDAINED 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 City of Pueblo, Department of
Aviation, 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 $8,444.98 is hereby authorized to be paid from Capital
Project No. AP1701.
SECTION 3.
The President of City Council is hereby authorized to execute said Agreement on
behalf of the City of Pueblo, a Municipal Corporation.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance and the attached Agreement to
effectuate the transactions described therein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED August 28, 2017
BY: Ed Brown
PASSED AND APPROVED: September 11, 2017
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
August 28, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Ian Turner, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING A NON-FEDERAL REIMBURSABLE
AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION AND THE CITY OF PUEBLO,
DEPARTMENT OF AVIATION TO PROVIDE A SPECIAL FLIGHT
INSPECTION OF AVIATION EQUIPMENT IMPACTED BY THE
REHABILITATION OF RUNWAY 17/35 AND AIRFIELD LIGHTING
PROJECT AT PUEBLO MEMORIAL AIRPORT, AUTHORIZING A PRE-
PAYMENT OF $8,444.98 FROM CAPITAL PROJECT NO. AP1701 AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
SUMMARY:
Attached is an Ordinance approving a Non-Federal Reimbursable Agreement from the
Department of Transportation, Federal Aviation Administration (“FAA”) to provide a
commissioning flight inspection of the Precision Approach Path Indicator (“PAPI”) on
Runway 17 and a special flight inspection of the Runway End Identifier Lights (“REIL”) on
Runway 35 that will be impacted by the Rehabilitation of Runway 17/35 and Airfield
Lighting Project at the Pueblo Memorial Airport.
PREVIOUS COUNCIL ACTION:
City Council approved Resolution No. 13632 on March 13, 2017, authorizing the filing of
an Application for Federal Assistance with the FAA to rehabilitate Runway 17/35 at the
Pueblo Memorial Airport. City Council approved Resolution No. 13633 on March 13,
2017, authorizing the filing of an application for a Colorado Department of Transportation,
Division of Aeronautics grant to match the City’s funds and assist with this project. City
Council approved Ordinance No. 9153 accepting the FAA Grant, and Ordinance
No.13749 awarding a construction contract for the project.
BACKGROUND
The project entails the rehabilitation of a portion of Runway 17/35, as well as the
installation of new runway edge lights on the runway. This will impact the PAPI on
Runway 17 and may impact the REIL on Runway 35. Flight inspections by the FAA are
required to ensure no changes occur due to the construction. This ensures the safety of
aircraft landing on Runway 17/35. The FAA is the sole source of this service and requires
advance payment to schedule the flight check.
FINANCIAL IMPLICATIONS:
Funds in the amount of $8,444.98 will be expended from Capital Project AP1701-Rehab
Runway 17/35 and Lighting. The Federal grant will pay for 95% of the agreement
($8,022.73). The Colorado Division of Aeronautics will be issuing a grant to pay for 2.5%
($211.12) of the agreement, and the City will be responsible for the other 2.5% ($211.13).
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
None.
RECOMMENDATION
The Department of Aviation recommends approval of this Resolution.
Attachments:
Non-Federal Reimbursable Agreement
Agreement Number
AJ W-O N-AAC-17-A C-001459
NON-FEDERAL REIMBURSABLE AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AND
CITY OF PUEBLO, DEPARTMENT OF AVIATION
PUEBLO, CO
WHEREAS, the Federal Aviation Administration (FAA)can furnish directly or by
contract, material, supplies, equipment, and services which City of Pueblo, Department
of Aviation (Sponsor) 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 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 U.S.C. §
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 FAA Flight Program Operations and City of Pueblo,a
Municipal Corporation,through its Department of Aviation.
ARTICLE 2. Type of Agreement
This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not
intended to be, nor will it be construed as, a partnership, corporation,joint venture or
other business organization.
ARTICLE 3. Scope
A. The purpose of this Agreement between the FAA and the Sponsor is to provide a
special flight inspection of the PAPI on Rwy 17 and a commissioning flight
inspection of the REIL on Rwy 35 at Pueblo Memorial Airport(KPUB) Pueblo,
CO. This Agreement provides funding for the FAA to establish these services.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 1 of 9
Agreement Number
AJ W-ON-AAC-17-AC-001459
Therefore, this Agreement is titled:
City of Pueblo, Department of Aviation, Pueblo, CO
B. The FAA will perform a special flight inspection of the PAPI on Rwy 17 and a
commissioning flight inspection of the REIL on Rwy 35 at Pueblo Memorial
Airport(KPUB) Pueblo, CO.
C. The Sponsor will perform the following activities:
1. Provide funding as estimated in Article 7.
2. Upon signature and payment of agreement, contact David Sinning at 405-954-
0792 or david.a.sinning@faa.gov and inform him when the site is ready for
inspection. You may call Oklahoma City Service Center if you have any
questions at 405-954-9780.
D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes
[ ] No. If Yes, the grant date is: TBD and the grant number is: 3-08-0046-035. If the
grant information is not available at the time of agreement execution, the Sponsor will
provide the grant information to the FAA when it becomes available.
ARTICLE 4. Points of Contact
A. FAA:
I. Flight Program Operations will perform the Scope of Work included in this
Agreement. Robert Loveland is the Manager, Flight Inspection Scheduling, and
liaison with the Sponsor for any flight inspection issues and can be reached at
405-954-3995. The Flight Program Operations Agreement Coordinator, Kadi
Barrett, can be reached at 405-954-7568. These liaisons are 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, amendment, and administration of this
Agreement must be authorized and accomplished by the Contracting Officer,
Michele Mustin, who can be reached at 405-954-7879.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 2 of 9
Agreement Number
AJ W-O N-AAC-17-A C-001459
B. Sponsor:
Sponsor: City of Pueblo, Department of Aviation
Attention: Ian Turner
Director of Aviation
Address: 31201 Bryan Cir. Ste. 200
Pueblo, CO 81001
Phone: 719-553-2760
E-mail: iturner@pueblo.us
ARTICLE 5. Non-Interference with Operations [RESERVED]
ARTICLE 6. Property Transfer [RESERVED'
ARTICLE 7. Estimated Costs
A. The estimated FAA costs associated with this Agreement are as follows:
DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST
LABOR
NA $0
NON-LABOR
Flight Inspection $7,892.50
Non-Labor Overhead (7%) $ 552.48
Total Non-Labor $8,444.98
TOTAL ESTIMATED COST $8,444.98
Detailed Estimate:
Flight Inspection Estimated Cost
Estimated
Lear Rate $3,157/hr Type Hours Inspections Cost
PAP1 on Rwy 17 Special
REIL on Rwy 35 at KPUB Commissioning 2.5 1 $7,892.50
7%Administrative Overhead $ 552.48
Total Estimated Cost $8,444.98
B. The FAA reserves the right to determine which aircraft will be used for flight
validation. Flight hour rates will be adjusted automatically according to FAA Order
2500.36 (current edition), Application of Flight Hour Rates, or equivalent FAA Flight
Program Operations document. The estimate is based on rates in effect at the time
this Agreement is signed.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 3 of 9
Agreement Number
AJ W-ON-AAC-17-AC-001459
C. Estimated costs contained herein are for planning purposes only and can vary
depending on the actual aircraft used, and actual flight hours expended to reach the
facility and to accomplish the inspection. As required by regulation, the final bill
submitted to the Sponsor will reflect actual hours and costs to Flight Program
Operations.
D. Sponsor will be notified of any necessary deviations or changes to the instrument
flight procedure and agrees to negotiate with the FAA to resolve additional
reimbursement issues exceeding 10%of the cost estimate, in accordance with Article
9.
E. FAA flight inspection aircraft may be delayed from scheduled itineraries for
unanticipated reasons such as a National Airspace System priority, weather, or
unscheduled aircraft maintenance. FAA is not responsible for any additional cost the
Sponsor may incur if an inspection must be rescheduled.
ARTICLE 8. Period of Agreement and Effective Date
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 D of this Agreement.
This Agreement will not extend more than 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 the Agreement to the FAA Agreement Coordinator for FAA
signature and submit 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.
Upon completion of this Agreement, the final costs will be netted against the advance
payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S.
Treasury guidelines, refunds under $1.00 will not be processed. Additionally, FAA
will not bill the sponsor for amounts less than $1.00.
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 to the
Agreement Coordinator and submit the full advance payment to the Accounting
Division. The sponsor can either mail the payment to the address shown below or
submit payment(via check or credit card) electronically via pay.gov. All payments
mailed to the FAA must include the Agreement number, Agreement name, Sponsor
name, and project location.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 4 of 9
Agreement Number
AJ W-ON-AA C-17-AC-001459
The mailing address is:
FAA Mike Monroney Aeronautical Center
Attn: AMK-322, Reimbursable Receipt Team
P.O. Box 25770
Oklahoma City, OK 73125
The overnight mailing address is:
FAA Mike Monroney Aeronautical Center
Attn: AMK-322, Reimbursable Receipt Team
6500 S. MacArthur Blvd.
Oklahoma City, OK 73169
Telephone: 405-954-3771
The Sponsor hereby identifies the office to which the FAA will render bills for the
project costs incurred as:
City of Pueblo, Department of Aviation
Attn: Ian Turner
Director of Aviation
31201 Bryan Cir. Ste. 200
Pueblo,CO 81001
719-553-2760
iturner@pueblo.us
D. 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 amendment to the Agreement which includes the FAA's
additional costs. The Sponsor agrees to prepay the entire estimated cost of the
amendment. The Sponsor will send a copy of the executed amendment to the
Agreement to the FAA-Mike Monroney Aeronautical Center with the additional
advance payment. Work identified in the amendment cannot start until receipt of the
additional advance payment. To the extent allowed by law, 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.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 5 of 9
Agreement Number
AJW-ON-AAC-17-AC-001459
ARTICLE 10. Changes and Amendments
Changes and/or amendments to this Agreement will be formalized by a written
amendment that will outline in detail the exact nature of the change. Any amendment 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 amendment(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
amendments.
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 PRESERVED]
ARTICLE 13. Legal Authority
This Agreement is entered into under the authority of 49 U.S.C. § 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.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 6 of 9
Agreement Number
AJW-O N-AAC-17-AC-001459
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
U.S.C. § 46110).
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 U.S.C. § 2671, et
seq., will control. The FAA assumes no liability 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 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.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 7 of 9
Agreement Number
AJW-ON-AAC-17-AC-001459
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.
ARTICLE 20. Security [RESERVED'
ARTICLE 21. Standard Pueblo City Contract Lanuage
This Agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or
multi-year fiscal obligation or an obligation of future appropriations by the City Council
of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other
constitutional, statutory or charter debt limitation. Notwithstanding any other provision
of this Agreement, with respect to any financial obligation of Sponsor which may arise
under this Agreement in any fiscal year after 2017, in the event the budget or other means
of appropriations for any such year fails to provide funds in sufficient amounts to
discharge such obligation, such failure shall not constitute a default by or breach of this
Agreement, including any sub-agreement, attachment, schedule or exhibit thereto, by the
Sponsor.
Nothing in this Agreement is intended, nor should it be construed, to create or extend any
rights, claims or benefits or assume any liability for or on behalf of any third party, or to
waive any immunities or limitations otherwise conferred upon the City of Pueblo, a
Municipal Corporation under or by virtue of federal or state law, including but not
limited to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq.
Notwithstanding any provision in this Agreement, in the event of any conflict of laws and
legal interpretation, the laws, regulations and policies of the U.S., Department of
Transportation, Federal Aviation Administration shall prevail; be controlling; and, serve
as the basis for legal construction and interpretation. Any conflict will be consistent
therewith.
ARTICLE 22. 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
amendment to this Agreement, the terms of such amendment 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 amendments
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 120 calendar days after the FAA transmits it to the Sponsor, the terms contained
and set forth in this Agreement shall be null and void.
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 8 of 9
Agreement Number
AJW-ON-AAC-17-AC-001459
AGREED:
FEDERAL AVIATION CITY OF PUEBLO, DEP• ' • _
ADMINIST' Mt& ,
SIGNATU' : 6 SIGNATOR' -
NAME Michele Mustin NAME Stephen G. Nawrocki
TITLE Contracting Officer TITLE President of City
Council
DATE � h-v[�� - DATE September 11, 2017
Non-Federal Reimbursable Agreement V84 with Article 21 addition Legal concurrence Page 9 of 9