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Home My WebLink About09746 ORDINANCE NO. 9746 AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION ADMINISTRATION AIP GRANT AGREEMENT NO. 3-08-0046-039-2020 FOR FUNDS IN THE AMOUNT OF $1,569,456 TO CONSTRUCT PHASE TWO OF THE WILDLIFE PERIMETER FENCE AT THE PUEBLO MEMORIAL AIRPORT, BUDGETING AND APPROPRIATING $1,569,456 TO PROJECT NO. AP1902, INCREASING THE TOTAL AMOUNT IN THE WILDLIFE PERIMETER FENCE PROJECT NO. AP1902 TO $5,724,876, AND RATIFYING THE MAYOR’S EXECUTION OF THE SAME WHEREAS, the City of Pueblo has received a Grant Agreement from the Federal Aviation Administration (“FAA”) to construct phase two of the wildlife perimeter fence; and WHEREAS, the funds from this grant need to be budgeted and appropriated into the Wildlife Perimeter Fence Project No. AP1902; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Federal Aviation Administration Grant Agreement No. 3-08-0046-039-2020 (the “Agreement”), a copy of which is attached hereto and made a part hereof by reference, by and between the City of Pueblo, a Municipal Corporation, and the United States of America through the Federal Aviation Administration, making available $1,569,456.00 in federal funds to construct phase two of the wildlife perimeter fence, after having been approved as to form by the City Attorney, is hereby accepted and approved. SECTION 2. The Mayor’s execution of the Agreement in the name and on behalf of the City of Pueblo is hereby approved and ratified, and the execution by electronic signature is attributable to the Mayor and the City of Pueblo. SECTION 3. Funds in the amount of $1,569,456.00 shall be accepted from the Agreement and budgeted and appropriated to the Wildlife Perimeter Fence Project No. AP1902. SECTION 4. Total funding in the Wildlife Perimeter Fence Project No. AP1902 is hereby increased to $5,724,876.00. SECTION 5. 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 Grant Agreement to effectuate the transactions described therein. SECTION 6. 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 July 13, 2020 . Final adoption of Ordinance by City Council on July 27, 2020 . President of City Council Action by the Mayor: ☒ Approved on July 30, 2020 . □ 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 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Greg Pedroza, Interim Director of Aviation SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION ADMINISTRATION AIP GRANT AGREEMENT NO. 3-08-0046-039-2020 FOR FUNDS IN THE AMOUNT OF $1,569,456 TO CONSTRUCT PHASE TWO OF THE WILDLIFE PERIMETER FENCE AT THE PUEBLO MEMORIAL AIRPORT, BUDGETING AND APPROPRIATING $1,569,456 TO PROJECT NO. AP1902, INCREASING THE TOTAL AMOUNT IN THE WILDLIFE PERIMETER FENCE PROJECT NO. AP1902 TO $5,724,876, AND RATIFYING THE MAYOR’S EXECUTION OF THE SAME SUMMARY: This Ordinance will approve and accept a Federal Aviation Administration (“FAA”) grant agreement to provide funding to construct phase two of the wildlife perimeter fence at the Pueblo Memorial Airport, and ratify the Mayor’s signature of the same. It also appropriates the grant funds into Project No. AP1902. PREVIOUS COUNCIL ACTION: City Council approved an application for supplemental funding under the Airport Improvement Program (AIP) through Resolution No. 14065 on October 22, 2018. On May 28, 2019, the City approved Ordinance No. 9461, establishing the Airport Wildlife Fence Project No. AP1902, budgeting and appropriating funds for the design of the project and approving a contract with Dibble and Associates Consulting Engineers. Due to a change in expected funding sources, Resolution No. 14238 was approved by the City on July 8, 2019, authorizing the filing of an application for federal assistance with the FAA for the wildlife perimeter fence project. On September 9, 2019 the City approved Ordinance No. 9535 accepting the FAA grant, Ordinance No. 9536 awarding a contract to Kirkland Construction for the building of the perimeter fence, and Ordinance No. 9538 transferring surplus funds that were used for the design of the project back to the General Fund. Resolution No. 14368 authorizing the filing of an application for federal assistance for phase two of the project was approved on February 24, 2020. Ordinance No. 9724 was approved on June 22, 2020, accepting a State grant for the first phase of the project. BACKGROUND The Federal Aviation Administration 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. 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. A federal grant was issued in July 2019 to construct a portion of the fence and this grant is to construct the remainder of the fence. The Mayor signed the current Grant Agreement on July 10, 2020 to address concerns of timeliness. FINANCIAL IMPLICATIONS: The second phase of the project will cost $1,569,456. Due to the CARES Act, the FAA AIP Grant covers 100% of the project. The funds will be budgeted into the Wildlife Fence Project No. AP1902, increasing the total amount in the project to $5,724,876. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Airport staff met with airport stakeholders on May 2, 2019 to discuss this project. ALTERNATIVES: If this Ordinance is not approved, the fence will not be completed. RECOMMENDATION The Department of Aviation recommends approval of this Ordinance. Attachments: Proposed Ordinance USDOT Federal Aviation Administration Grant Agreement No. 3-08-0046-039-2020 Grant Certification Memo