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HomeMy WebLinkAbout7679RESOLUTION NO. 7679 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 14 FROM THE UNITED STATES OF AMERICA RELATING TO THE 1995 PUEBLO MEMORIAL AIRPORT IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME 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 14 from the United States of America for the purpose of obtaining Federal Aid for the 1995 Pueblo Memorial Airport Improvements consisting of: 1. Rehabilitate Taxiway "A" and West Apron Edge Taxiway. 2. Update Noise Contour Map. 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. Matching funds for this project will come from the 34 fund. SECTION 4 A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED July 24, 1995 ATTEST: 41ty Clerk By Charles ,Jones Councilperson APPROVED: 211 President of City Council U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part 1 - Offer Date of Offer: Airport: Project Number: Contract Number: To: City of Pueblo, Colorado (herein called the "Sponsor ") JUL 2 0 1995 Pueblo Memorial Airport 3 -08- 0046 -14 DOT- FA95NM -1034 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 January 23, 1995 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 Taxiway "A" and West Apron Edge Taxiway; Update Noise Contour Map, 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 Title 49, U.S.C., Subtitle VII, Part B, 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 $255,630. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under Title 49, U.S.C., section 47108(b), the following amounts are being specified for this purpose: $ -0 -for planning $255,630 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 provisions of Title 49, U.S.C., subtitle VII, Part B.. 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 Sonsor 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. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sonsor. 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 August 25, 1995, or such subsequent date as may be prescribed in writing by the FAA. 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 FAA Form 5100 -37 (10/89) 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. 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 May 1, 1995, 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. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108(b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 12. 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 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 in the attached outline entitled "Pavement Maintenance Management Program." FAA Form 5100 -37 (10/89) 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 Title 49, U.S.C., Subtitle VII, Part B, 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 Ad - c - Manager, Denver Airports 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 24th day of July 1 19_95. I ; OF PUEBLO, COLORADO r By (SEA1,) ponsor's Designated Official Representative .lttest. Title: President of City Council Title Ac ting gity Clerk Certificate of Sponsor's Attorney I, Thanas E _ Ja_(:Qer , 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 Title 49, U.S.C., Subtitle VII, Part B. 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 Pi1ehi n . , co this 24th day of Q W _ , 19g5 Signature of Spon or's o ey FAA Form 5100 -37 (7/90) 4