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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