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HomeMy WebLinkAbout07591ORDINANCE NO. 7591 AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION ADMINISTRATION GRANT NO. 3 -08- 0046 -26 FOR THE RUNWAY 17/35 PARALLEL TAXIWAY P PROJECT AT THE PUEBLO MEMORIAL AIRPORT, INCREASING THE FUNDING IN CAPITAL PROJECT NO. AP0701, APPROPRIATING ADDITIONAL FUNDS IN THE SUM OF $578,947, AUTHORIZING THE TRANSFER OF $14,474 FROM THE GENERAL FUND RESERVES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has received a Grant Agreement for $1,700,000 from the United States of America Federal Aviation Administration to fund the Runway 17/35 Parallel Taxiway P project at the Pueblo Memorial Airport, subject to the execution of the Grant Agreement; and, WHEREAS, funds were appropriated and budgeted for this grant in Capital Project No. AP0701 in the amount of $1,210,526; and, WHEREAS, this funding is inadequate to cover both the grant and matching funds; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement between the City of Pueblo, a Municipal Corporation, and the United States of America Federal Aviation Administration making available $1,700,000 in federal funds for the purpose of the Runway 17/35 Parallel Taxiway P project at the Pueblo Memorial Airport, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2_ Capital Project No. AP0701 is hereby increased by $578,947, and said sum is hereby budgeted and appropriated, for a new program total of $1,789,473. SECTION 3. The additional funding will come from Federal Aviation Administration Grant No. 3- 08 -0046- 26 in the amount of $549,999; the Colorado Division of Aeronautics Grant No. 07 -37 -16/11 in the amount of $14,474; and the City of Pueblo in the amount of $14,474. SECTION 4. Funds in the amount of $14,474 are hereby transferred from the General Fund Reserves to Capital Project No. AP0701. SECTION 5_ The President of City Council is hereby authorized to execute said Grant Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the Grant Agreement and attest the same. SECTION 6. This ordinance is effective upon final passage. INTRODUCED: Mav 14. 2007 BY: Randy Thurston Councilperson APPROVED: `C�la:lVv F#h ESIDIINTof City Council ATTESTED BY: i..,.,,.o. CITY CLERK PASSED AND APPROVED: May 29, 2007 Background Paper for Proposed ORDINANCE AGENDA ITEM # 4- P� DATE: May 14, 2007 DEPARTMENT: AVIATION - JERRY BRIENZA TITLE AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-08- 0046 -26 FOR THE RUNWAY 17/35 PARALLEL TAXIWAY P PROJECT AT THE PUEBLO MEMORIAL AIRPORT, INCREASING THE FUNDING IN CAPITAL PROJECT NO. AP0701, APPROPRIATING ADDITIONAL FUNDS IN THE SUM OF $578,947, AUTHORIZING THE TRANSFER OF $14,474 FROM THE GENERAL FUND RESERVES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve and accept a Federal Aviation Administration Grant Agreement and appropriate additional funds to Project No. AP0701. RECOMMENDATION Approval of this Ordinance. BACKGROUND Proposals for the Runway 17/35 Parallel Taxiway P and Helicopter Training Area Improvements' were opened on April 11, 2007. Three bids were received. The lowest responsible bid was much higher than the Engineer's total estimate. The FAA has increased the total grant to fund Schedule (1) in the proposal, a partial parallel taxiway to Runway 17/35. FINANCIAL IMPACT The total project amount is $1,789,473. The Federal grant is for $1,700,000. The State grant will cover $44,737 of the project and the City's local match will be $44,737. It was originally anticipated that the total amount of the project would be $1,210,526. This amount was appropriated and budgeted in Capital Project No. AP0701. The project was placed out to bid and the bids were higher than the Engineer's estimates. Therefore, the project will need to be increased by $578,947. The increase to the City's matching funds is $14,474. U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer To: City of Pueblo, Colorado (herein called the "Sponsor ") Date of Offer: May 18, 2007 Airport: Pueblo Memorial Airport Project Number: 3 -08- 0046 -26 Contract Number: DOT- FA07NM -1021 DUNS Number: 01- 062 -0284 From: The United States of America (acting through the Federal Aviation Administration, herein called the „ FAA „ ) Whereas, the Sponsor has submitted to the FAA a Project Application dated March 12, 2007 for a grant of Federal funds for a project at or associated with the Pueblo Memorial Airport, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and Whereas, the FAA has approved a project for the Airport (herein called the 'Project ") consisting of the following: Construct Portion of Parallel Taxiway "P" (from Runway 35 to Taxiway "B "), all as more particularly described in the Project Application. FAA Form 510037 (7190) 1 r NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act ", and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95.00 per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Conditions 1. The maximum obligation of the United States payable under this offer shall be $1,700,000. For the purpose of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ -0- for planning $1,700,000 for airport development and noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before June 22, 2007, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or FAA Form 51 00- 3 7 171901 2 other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court br otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions The sponsor will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects," dated June 15, 2005, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5 %), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA of the budget change. Conversely, if there is an, overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally, amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 11. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: (1) The name of the person representing the Sponsor who has overall, responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. (3) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). (4) Qualifications of engineering supervision and construction inspection personnel. (5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. FAA Fonn 5100 -37 (7190) I b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and the reasons for accepting any out -of- tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 12. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 13. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 14. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services, the Sponsor agrees to make payment only for work that has been satisfactorily completed. It is understood by and between the parties hereto that the approximate value of the final project documentation is ten percent (10 %) of the total value of the engineering services contract, and that amount will not be paid to the Engineer until acceptable final project documentation is provided. FAA Form 5100- 37(7/90) The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter. provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the' Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION i Manager, De ver Airpory District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such, acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this a9 +l% day of MA y 2007. CITY OF PUEBLO; COLORADO i (SEAL) Sponsor's D gnated Wicial Representative Attest: � t\ Title: President of Gitv Title: City Clerk Certificate of Sponsor's Attorney 1, 1#dP A-3 PE T/ ?P ',�acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing-Grant Agreement under the laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has: been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof Dated at �r 66 Car mxd, this � day of TOo-P 2007. Signature of Sponsor's o FAA Form 5100.37 (7190)