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HomeMy WebLinkAbout7709RESOLUTION NO. 7709 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 15 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 15 from the United States of America for the purpose of obtaining Federal Aid for the 1995 Pueblo Memorial Airport Improvements consisting of: 1. Grading and Drainage of Taxiway "K" Extension and Connecting Bypass Taxiway "M ". 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 September 25, 1995 By Al Garule Councilperson ATTEST: APPROVED: Vice Presid nt of City Council INTEROFFICE MEMORANDUM To: Gina Ducher City Clerk From: Connie DeVore Pueblo Airport Date: January 26, 1996 Subject: Federal Grant AIP 3 -08- 0046 -15, Resolution No. 7709 I was unable to locate a signed copy of the Resolution No. 7709 in my files. However, I did find a signed "copy" of the grant. No original copy was located. The original should have been forwarded to your office. Also, when we received the grant agreement, the amount of funds was for a lower amount than we had applied for. However, there was a clause which related that the U.S. would be responsible for paying the entire amount. We received a letter from the FAA on December 19th amending the grant for the full amount. I have attached a copy of that letter. I will continue to check my files for the original grant in case it was misfiled and will send it on to you when and if I find it. FROM THE DESK OF... CONNIE DEVORE PUEBLO MEMORIAL AIRPORT 31201 BRYAN CIRCLE PUEBLO, CO 81001 719- 948 -3361 Fax: 719- 948 -4878 RESOLUTION NO. 7709 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 15 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 15 from the United States of America for the purpose of obtaining Federal Aid for the 1995 Pueblo Memorial Airport Improvements consisting of: 1. Grading and Drainage of Taxiway "K" Extension and Connecting Bypass Taxiway "M ". 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. ATTEST: INTRODUCED September 25, 1995 By Al Gurule Councilperson APPROVED: /s/ Gina Dutcher City Clerk /s/ Samuel Corsentino Vice President of City Council c �e ' fb r r4iFS OF � FEDERAL AVIATION ADMINISTRATION December 14, 1995 Mr. Christian Weaver, President Pueblo City Council Pueblo City Hall Pueblo, Colorado 81003 Dear Mr. Weaver: DENVER AIRPORTS DISTRICT OFFICE 5440 ROSLYN STREET, SUITE 300 DENVER, COLORADO 80216 -6026 (303) 286 -5537 This letter transmits the FAA's current Fiscal Year 1996 statement of the maximum obligation for the multi -year grant agreement for Project No. 3 -08- 0046 -15, Contract No. DOT - FA95NM -1056. The above - captioned grant agreement commits the United States to the obligation of additional amounts to this project, as authorized by Title 49, U.S.C., Subtitle VII, Part B, Section 47108. For Fiscal Year 1996, this additional amount is $174,792.00. The current maximum obligation for this agreement is now $287,300.00. For the purposes of any future grant amendments which may increase the maximum obligation of the United States under the provisions of Title 49, U.S.C., Subtitle VII, Part B, Section 47108, the following amounts are being specified for this purpose: $ -0- for planning $287,300 for airport development or noise program implementation Under the terms of the Grant Agreement, the parties have agreed that this document is incorporated into and is part of the above - captioned Grant Agreement. Sincerely, bw Alan E. Wiechmann, Manager Denver Airports District Office DEC 19 cc: ANM -613 AWP -22A Mr. Jim Elwood, Director of Aviation Isbill Associates U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: To: City of Pueblo, Colorado (herein called the "Sponsor ") JLF L I I✓; .J Airport: Pueblo Memorial Airport Project Number: 3 -08- 0046 -15 Contract Number: DOT- FA95NM -1056 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 September 11, 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: Grade and Drain Taxiway "K" Extension including Connecting Taxiway "M ", all as more particularly described in the Project Application. Whereas, this project will not be completed during Fiscal Year 1995 and the total U.S. share of the estimated cost of completion will be $287,300. 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 The maximum obligation of the United States payable under this offer shall be $112,508. 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 $112,508 for airport development and noise program implementation 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. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sonsor. 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 September 27, 1995, 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 FAA Form 5100 -37 (10189) 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 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 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. The maximum obligation for the current fiscal year stated in Condition I of this agreement may be increased by the additional amounts, if any, added by the document issued under the subparagraph below, but may not exceed the United States' share of the total estimated cost of completion, except as provided in Title 49, U.S.C., Section 47108(b), Under Title 49, U.S.C., Section 47108(a), and at the Sponsor's request, the FAA commits the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof. This additional amount will include all or part of the funds apportioned to the Sponsor for FY 1996 under Title 49, U.S.C., Section 47114(c)(1)(A), subject to the restriction on the use of such apportionments now or hereafter imposed on FAA by Appropriations Acts now or hereafter enacted, or by any other statute or regulation. It is further understood by the parties that this commitment does not in itself obligate, preclude, or restrict the FAA in the use of any funds made available for discretionary use under Title 49, U.S.C., Sections 47114, 47115 and 47116 to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the Sponsor stating the current maximum obligation for this project. This letter will be issued to the sponsor by FAA when such computation and obligation can be made in FY 1996. The parties agree that upon its issuance, this letter shall be considered incorporated by reference into, and part of, this agreement. 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 proilded, 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 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 25th day of Septetttbe 95 C Y OF PUEBLO, COLORADO By: (SEAL) Sponsor's Design ed Official Representative (Vice) Attest: Title: President of the Council Title: City Clerk Certificate of Sponsor's Attorney I, = [ iaM1?s C. Jr) qy, r- , 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. iF Dated at ral - & p Oohe PnA this a - day of 'p7 han 199} Signature of Sponsdr's torney FAA Form 5100 -37 (7 /90) 4 OF rRAA, Q 1 O ZFOS r41E� P � FEDERAL AVIATION ADMINISTRATION March 12, 1996 Ms. Fay B. Kastelic, President Pueblo City Council Pueblo City Hall Pueblo, Colorado 81003 Dear Ms. Kastelic: Pueblo Memorial Airport, Pueblo, Colorado AIP Project No. 3 -08- 0046 -15 Contract No. DOT- FA95NM -1056 Amendment No. One (letter) DENVER AIRPORTS DISTRICT OFFICE 5440 ROSLYN STREET, SUITE 300 DENVER, COLORADO 80216 -6026 (303) 286 -5537 This is in response to your letter dated February 9, 1996, requesting an amendment to the Grant Agreement for AIP Project No. 3 -08- 0046 -15 to increase the maximum grant obligation of the United States to cover project cost increases. In accordance with special condition No. 11 of the subject grant, the maximum obligation of the United States as amended per our letter dated December 14, 1995, is hereby increased from $287,300 to $325,285, an increase of $37.985. The purpose of this amendment is to cover the Federal share of total actual costs determined to be eligible and allowable project costs. All other terms and conditions of the Grant Agreement remain in full force and effect. Under the terms of the Grant Agreement, this document is incorporated into, and constitutes Amendment No. One to the above referenced Grant Agreement. Sincerely. Alan E. Wiechmann. Manager Denver Airports District Office r1�111 MAR 18M VI