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HomeMy WebLinkAbout09536 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 12, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Ian Turner, Director of Aviation SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, TO PROVIDE ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES IN THE AMOUNT OF $334,897 FOR THE WILDLIFE PERIMETER FENCE PROJECT NO. AP1902 AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This ordinance approves an agreement for construction administration and engineering services as part of the installation of the wildlife perimeter fence and associated storm water structures to accommodate Federal Aviation Administration requirements regarding wildlife on and near the Pueblo Memorial Airport. PREVIOUS COUNCIL ACTION: Dibble and Associates was selected for an airport engineer master agreement on September 25, 2017 for a three-year term by Resolution No. 13785. This agreement included services related to airport perimeter wildlife fencing. Council approved Resolution No. 14064 submitting an Application for Federal Assistance to install wildlife fencing on October 22, 2018. On May 28, 2019, Council approved Ordinance No. 9461, which established Project No. AP1902 and approved a contract for design engineering services with Dibble and Associates. On July 8, 2019, Council approved Resolution No. 14238, submitting an Application for Federal Assistance for a traditional Airport Improvement Program (AIP) grant related to the installation of an airport perimeter wildlife fence. BACKGROUND The Federal Aviation Administration (FAA) funded an Airport Improvement Program grant to conduct a Wildlife Hazard Assessment at the Pueblo Memorial Airport (PUB). This Wildlife Hazard Assessment indicated that wildlife presented a safety hazard to the operation of aircraft and that a Wildlife Hazard Management Plan be written for PUB. This was completed and has been followed in the intervening years. A requirement of the plan is to replace the barbed wire fence on the east, north, and west boundaries of PUB with a wildlife fence to exclude hazardous mammal species. This is a capital-intensive project for which funding has not been available. In the fall of 2018, an application was submitted to the FAA to install the wildlife fence as part of the Consolidated Appropriations Act 2018, which appropriated additional money for AIP eligible projects. The FAA indicated that the wildlife fence project would not receive money under this program. However, they indicated that if PUB was able to design the project, it would be high on the priority list to fund in Federal Fiscal Year 2019 or Federal Fiscal Year 2020, as funds may allow. On May 28, 2019, City Council approved a design engineering services contract with Dibble and Associates to design the airport wildlife perimeter fence and associated storm drainage improvements. Due to funding considerations, the construction administration portion of that statement of work was omitted from the contract. To effectuate the proper installation of the design, Dibble and Associates will perform construction administration services contained within that scope of work under the contract if this ordinance is approved. FINANCIAL IMPLICATIONS: The total fee for construction administration services is $334,897.00. Funding for this contract is included in Project No. AP1902, subject to the acceptance of the associated FAA grant agreement. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If this agreement is not approved, the project will not occur. RECOMMENDATION The Department of Aviation recommends approval of this ordinance. Attachments: Federal Aviation Administration – Letter of Concurrence of Fee Contract for Professional Engineering Services ORDINANCE NO. 9536 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING ENGINEERS, INC., AN ARIZONA CORPORATION, TO PROVIDE ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES IN THE AMOUNT OF $334,897 FOR THE WILDLIFE PERIMETER FENCE PROJECT NO. AP1902 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A certain Agreement for Professional Engineering Services, a copy of which is attached hereto and made part thereof by reference, by and between the City of Pueblo, a Municipal Corporation, and Dibble and Associates Consulting Engineers, Inc., an Arizona Corporation, to provide construction administration services for the Wildlife Perimeter Fence Project AP1902 at Pueblo Memorial Airport, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $334,897.00 shall be expended from the Wildlife Perimeter Fence Project No. AP1902 in accordance with the Agreement for Professional Engineering Services. 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 on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 12, 2019 . Final adoption of Ordinance by City Council on September 9, 2019 . President of City Council Action by the Mayor: ☒ Approved on September 13, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk