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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