HomeMy WebLinkAbout07973ORDINANCE NO. 7973
AN ORDINANCE APPROVING AND ACCEPTING
FEDERAL AVIATION ADMINISTRATION GRANT NO. 3 -08-
0046-29 IN THE AMOUNT OF $1,303,177 TO
REHABILITATE A PORTION OF THE GENERAL AVIATION
PARKING APRON AT PUEBLO MEMORIAL AIRPORT AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
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
$1,303,177 in federal funds for the purpose of the rehabilitation of a portion of the
General Aviation parking apron at Pueblo Memorial Airport, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved and
accepted.
SECTION 2.
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 3.
All expenditures from this project will be made from Capital Project AP0901,
Ramp Rehabilitation 2009. Said project has been previously budgeted and
appropriated as part of the 2009 Adopted Budget.
SFrTinN 4
This ordinance is effective upon final passage.
INTRODUCED: February 9, 2009
BY: Randy Thurston
Councilperson
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PRESI@ENTuf City Council
A,TTr =STEDaY: t use
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PASSED AND APPROVED: February 23, 2009
4
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 11
DATE: February 9, 2009
DEPARTMENT: DEPARTMENT OF AVIATION
THOMAS MARTINEZ, INTERIM DIRECTOR
TITLE
AN ORDINANCE APPROVING AND ACCEPTING FEDERAL AVIATION
ADMINISTRATION GRANT NO. 3 -08- 0046 -29 IN THE AMOUNT OF $1,303,177 TO
REHABILITATE A PORTION OF THE GENERAL AVIATION PARKING APRON AT
PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve and accept a Federal Aviation Administration Grant Agreement?
RECOMMENDATION
Approval of this Ordinance.
BACKGROUND
This grant is for the Ramp Rehabilitation (Phase 1) project at the Airport. Currently, the ramp
pavements are in extremely poor condition. Each day, aircraft engines are loosening more of the
pavement, causing debris on the ramps. The first phase will consist of milling and rubbleizing
the ramp pavement, and then resurfacing the ramp.
FINANCIAL IMPACT
The estimated total cost for this project is $1,371,765. This grant award from the FAA will
cover 95% of the project costs, or $1,303,177. The remaining 5% ($68,588) will be paid with
funds from the City and the State of Colorado. The City's matching funds in the amount of
$34,294 have been previously appropriated for airport grant matches with the 2009 adopted
budget. The state contribution in the amount of $30,263 will be provided as a part of the grant
from the CDOT Aeronautical Board awarded as a single grant for both this project and the Fuel
Farm Containment project. The State grant shall be accepted by separate ordinance. The FAA
grant is for more funds than anticipated, so a request will be sent to the State to increase the
funding in their grant to cover 2.5% of the match.
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: XXXXXXXX xx, 2009
Airport: Pueblo Memorial
Project Number: 3 -08- 0046 -29
Contract Number: DOT- FA09NM -10xx
DUNS Number: 01- 062 -0284
To: City of Pueblo, Colorado
(herein called the "Sponsor ")
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 December 22, 2008 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:
Rehabilitate Portion of General Aviation Parking Apron,
all as more particularly described in the Project Application.
FAA Form 5100 -37 (7190) 1
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
The maximum obligation of the United States payable under this offer shall be $1,048,693. 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
$1,303,177 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 February 23, 2009, 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 5100.37 (7190)
other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. 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
9. 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
Required for Use in AIP Funded and PFC Approved Projects," dated March 21, 2007, 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 advising 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. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport
pavement maintenance management program as is required by Airport Sponsor Assurance Number C -11. The
Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with
federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined
below:
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed,
reconstructed, or repaired with federal financial assistance shall be so depicted.
FAA Form 5100 -37 (7190)
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set
forth in Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of inspections may be extended to three years.
(2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
C. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress,
their locations, and remedial action, scheduled or performed, must be documented. The minimum information to
be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive -by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate,
so long as the information and records produced by the pavement survey can be retrieved to provide a report to
the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an
effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of repair are presented.
12. The Sponsor agrees to perform the following:
a. Famish 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.
FAA Form 5100 -37 (7 /90)
(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.
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.
13. 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.
14. 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. maybe 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.
15. 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.
16. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
FAA Form 5100.37 (7190)
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a
subrecipient that is a private entity –
i. Is determined to have violated a prohibition in paragraph a.I of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.I of this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity -
1. Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated
an applicable prohibition in paragraph a.I of this award term through conduct that is either- -
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Gover mentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49
CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a.I of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22
U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.I of this award term in any subaward you make to a private
entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or
program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost sharing or matching requirements.
FAA Form 5100 -37 (7190)
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those
terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for - profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at
section 103 of the TVPA, as amended (22 U.S.C. 7102).
FAA Form 5100 -37 (7190)
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
Manager, Ddrver Airports District 6ffice
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 23rd day of February 2009.
CITY OF PUEBLO, COLORADO
t-A
(SEAL) Sponsor's Designated Official Rep sentative
Vera Qrtegon
Attest: Title: Pr of Ci tTCmin 1
Gin Dutcher
Title: (.i tv (J Prk
Certificate of Sponsor's Attorney
I, 'i266 t43 i`' J At1ng 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 �C r��� � c this .2- day of t 4P,1 u , 2009.
Signature of Sponso ey
FAA Form 5100 -37 (7190) 8