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)