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HomeMy WebLinkAbout7133RESOLUTION NO. 7133 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 12 FROM THE UNITED STATES OF AMERICA RELATING TO THE 1993 PUEBLO MEMORIAL AIRPORT IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: SECTION 1 The City of Pueblo does hereby accept the Airport Improvement Grant Offer AIP 3 08 0046 12 from the United States of America for the purpose of obtaining Federal Aid for the 1993 Pueblo Memorial Airport Improvement Grant Offer. SECTION 2 The City of Pueblo does hereby ratify and adopt all statements, representatives, warranties, covenants, and agreements contained in it's Application for Federal Assistance which is incorporated by reference in said Grant Offer. SECTION 3 The President of the City Council is hereby authorized to execute said Grant Offer on behalf of the City of Pueblo and the City Clerk is hereby authorized and directed to attest said execution and impress thereon the Official Seal of the City of Pueblo. Funds for this project will be transferred from Account Number 34- 1992 - 100 - 000 -40 -2264 into Account Number 34-1993-900-000-900-9036. SECTION 4 A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED May 24, 1993 BY HOWARD WHITLOCK ATI`EST : City Clerk Councilperson APPROVED: Pr esi ent of the City Council 4h) U.S. Department of Transportation Federal Aviation Administration DENVER AIRPORTS DISTRICT OFFICE 5440 Roslyn Street Suite 300 Denver, Colorado 80216 -6026 (303) 286 -5537 MAY - 7 19903 Fay B. Kastelic, President Pueblo City Council 31201 Bryan Circle Pueblo, Colorado 801001 Dear Ms. Kastelic: Enclosed are four copies of a grant offer for Airport Improvement Program Project No. 3 -08- 0046 -12 at the Pueblo Memorial Airport in which $456,824 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Please complete Part II (Acceptance) by having the authorized officials execute the last page of the grant offer. Certification by the attorney should be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed, but evidence of such procedures is not required by the Federal Aviation Administration. After execution and certification of the grant agreement, please return three copies to this office. The other copy is for your records. Sincerely, kl lan E. Wiechmann, Manager enver Airports District Office Enclosures /P MAY 12 1 U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part 1 - Offer Date of Offer: MAY 0 7 1993 Airport: Pueblo Memorial Project Number: 3 -08- 0046 -12 Contract Number: DOT- FA93NM -1061 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 April 27, 1993, 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: Install taxiway guidance signs; Rehabilitate rotating beacon; Acquire snow removal equipment, all as more particularly described in the Project Application. FAA Form 5100.37 (10/89) 1 Now therefore, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act ", and /or the Aviation Safety and Noise Abatement Act of 1979, 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, 90.00 percent. 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 $456,824. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ -0- for planning $456,824 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 30, 1993, 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 judgement, 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 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. FAA Form 5100 -37 (10/89) 2 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 for AIP Projects," dated February 26, 1976, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. Unless otherwise approved by the FAA, it 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. 11. The Sponsor agrees that Assurance No. 9 is deleted in its entirety and the following substituted therefor: Assurance 9. Public Hearings In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 12. The sponsor agrees that Assurance No. 26 is deleted in its entirety and the following substituted therefor: Assurance 26. Reports and Inspections It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and places. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 13. The sponsor agrees not to include in any bid specification, project agreement, or other controlling documents to perform construction activities under this grant, any provisions which would: a. Require bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s), or b. Otherwise discriminate against bidders, offerors, contractors or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations, on the same or other related construction project(s), or C. Require any bidder, offeror, contractor or subcontractor to enter into, adhere to, or enforce any agreement that requires its employees, as a condition of employment, to: FAA Form 5100 -37 (10/89) 3 1. become members of or affiliated with a labor organization; or 2. pay dues or fees to a labor organization, over an employee's objection, in excess of the employee's share of labor organization costs relating to collective bargaining, contract administration, or grievance adjustment. The sponsor further agrees to require any contractor or subcontractor to agree to not include any similar provision which would violate paragraphs a. through c. above in their contracts or subcontracts pertaining to the projects under this grant. FAA Form 5100 -37 (10/89) 4 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 A Manager, enver Airports Di I rict 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 2b V day of &&' 19� . CITY OF PUEBLO, COLORADO Byr (SEAL) Sponsor' Designated Official Representative Attest: Title: D F T Title: C e Certificate of Sponsor's Attorney I, 2760;"Z u �_ tQ� _ , 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 relating thereto, and find that the acceptance thereof 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 P ��s�ii� ���GSa this G�� day of V4 19 Si nature of S o r Attorney FAA Form 5100 -37 (7/90)