HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2009 - ITEMS RELATING TO GRANTS FOR THE FORT COLLINS-LOVE ITEM NUMBER: 14 A-B
AGENDA ITEM SUMMARY DATE: February 17, 2009
FORT COLLINS CITY COUNCIL STAFF: Dave Gordon
Mike Freeman
SUBJECT
Items Relating to Grants for the Fort Collins-Loveland Municipal Airport.
RECOMMENDATION
Staff recommends adoption of the Resolutions.
FINANCIAL IMPACT
The Airport's 2009 approved budget contains the necessary appropriations for the expenditure of
these funds and the Airport's matching funds. The local matching funds necessary for both the State .
and FAA grants total $82,236.
EXECUTIVE SUMMARY
A. Resolution 2009-015 Authorizing the Airport Manager to Serve as the Project Director and
to Execute a Grant Agreement with the State of Colorado for Funding of Airport Projects
at the Fort Collins-Loveland Municipal Airport.
B. Resolution 2009-016 Authorizing the City Manager to Execute a Capital Funding Grant
Agreement with the Federal Aviation Administration for Improvements at the Fort Collins-
Loveland Municipal Airport.
The FAA Grant is in the amount of$324,621. The FAA anticipates offering the remaining$675,379
later this year which will then reach the Airport's annual $1 million of Entitlement Grant funds.
The State Grant is in the amount of$250,000. The State Grant includes an amount of$26,315 which
is half of the Cities total match for the $1 million FAA Grant. The local match in the amount of
$82,236 is based on the Cities receiving the remaining FAA funds that will total the $1 million of
Entitlement funds.
BACKGROUND
Specific work to be completed with these funds include the next phase of security fencing and gates
within the hangar area and a portion of the perimeter property boundary. Also included is the
February 17, 2009 -2- Item No. 14 A-B
completion of Taxiway Echo,which was partially completed last year. Taxiway Echo will provide
needed secondary access to the aircraft hangar area which has recently been expanded to include an
additional 30 hangars.
The Airport tenants support the need to increase taxiway access to the hangar area. The
Transportation Security Administration also requires that additional access control and security
measures be implemented at the Airport.
RESOLUTION 2009-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE AIRPORT MANAGER TO SERVE AS THE PROJECT
DIRECTOR AND TO EXECUTE A GRANT AGREEMENT WITH THE STATE
OF COLORADO FOR FUNDING OF AIRPORT PROJECTS AT THE
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS,the General Assembly of the State of Colorado has declared in Title 43 of the
Colorado Revised Statutes, Article 10, 1991 in C.R.S. 43-10-101 ("the Act") that:
"...there exists a need to promote the safe operation and accessibility of general
aviation and intrastate commercial aviation in this state;that improvement of general
aviation and intrastate commercial aviation transportation facilities will promote
diversified economic development across the state; and that accessibility to airport
facilities for residents of this state is crucial in the event of a medical or other type
of emergency."; and
WHEREAS, the Act created the Colorado Aeronautical Board ("the Board") to establish
policy and procedures for distribution of monies in the Aviation Fund and created the Division of
Aeronautics ("the Division") to carry out the directives of the Board, including technical and
planning assistance to airports and the administration of the state aviation system grant program.
(See C.R.S. 43-10-103, 105, and 108.5 of the Act); and
WHEREAS, any entity operating a public-accessible airport in the state may file an
application for and be a recipient of a grant to be used solely for aviation purposes; and
WHEREAS,the Division is authorized to assist such airports as request assistance by means
of a resolution passed by the applicant's duly-authorized governing body,with the understanding that
all funds shall be used exclusively for aviation purposes and that the recipient entity will comply
with all grant procedures and requirements as defined in the Division's Grant program Project
Management Manual, revised 1999 ("the Manual"); and
WHEREAS,the City of Fort Collins and the City of Loveland("the Cities")own and operate
in the State the Fort Collins-Loveland Municipal Airport ("the Airport"); and
WHEREAS,the Cities operate such an airport in the state and have filed an application with
the Division and the Board for a state aviation system grant to be used solely for aviation purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council,as one of the duly authorized governing bodies of the
grant recipient, hereby formally requests assistance from the Colorado Aeronautical Board and the
Division of Aeronautics in the form of a state aviation system grant for the purpose of funding the
following Airport projects: participation in local match for federally-funded airport improvements,
taxiway construction, acquisition of mowing equipment and weather observation equipment, and
installation of security fencing and gates. The City states that such grant shall be used solely for
aviation purposes, as determined by the State, and as generally described in the Application.
Section 2. That the City hereby makes the commitment to keep the Airport facility
accessible to, and open to, the public during the entire useful life of the grant funded
improvements/equipment; or to reimburse the Division for any unexpired useful life of the
improvements/equipment on a pro-rata basis. The City further commits to keep open and accessible
for public use all grant funded facilities, improvements and services for their useful life, as
determined by the Division and stated in Grant Agreement 09-FNL-01.
Section 3. That the City Council hereby designates David Gordon,Airport Manager, as
the Project Director, as described in the Manual, and authorizes the Project Director to act in all
matters relating to the work project proposed in the Application in its behalf, including execution
of Grant Agreement 09-FNL-01, which is attached hereto and incorporated herein as Exhibit"A",
subject to such modifications in form or substance as the Project Director, in consultation with the
City Manager and City Attorney's Office, may deem necessary to effectuate the purposes of this
resolution or to protect the interests of the City.
Section 4. That the City has appropriated or will appropriate or otherwise make available
in a timely manner its share of all funds that are required to be provided by the Cities under the terms
and conditions of Grant Agreement 09-FNL-01.
Section 5. That the City, subject to the foregoing, hereby accepts all guidelines,
procedures, standards, and requirements described in the Manual as applicable to the performance
of the grant work and hereby approves Grant Agreement 09-FNL-01 submitted by the State,
including all terms and conditions contained therein.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of February A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT A CDOT-Aeronautics Division
Doc.No
Contract Rout.No.
CDAG No. 09-FNL-01
SAP PO No.
COLORADO DEPARTMENT OF TRANSPORTATION
Colorado Aeronautical Board
GRANT AGREEMENT
This Grant Agreement by and between the State of Colorado for the use and benefit of
the Department of Transportation-Aeronautics Division,hereinafter referred to as ("the
Division"or"the State")and the Cities of Fort Collins&Loveland hereinafter referred to
as("the Grantee"or"the Contractor").
WHEREAS, authority exists in the Law and Funds have been budgeted,appropriated or
otherwise been made available and a sufficient uncommitted balance thereof remains in
the Aviation Fund for encumbering and subsequent payment of the Agreement under
Vendor ID 2000212,Fund Number 160, GL No. 4518000010, and Organization Code
V0099-033. (Grant Agreement Encumbrance Amount$250.000.00).
WHEREAS,required approval, clearance and coordination has been accomplished from
the Colorado Aeronautical Board,which is authorized to administer the state aviation
system grant program("grant program")solely for aviation purposes.
NOW,THEREFORE,it is hereby agreed:
1. Scope of Work:
1)Match on FAA AIP 24&25
2)Additional funds to complete security fencing/gates
3)Additional funding to complete rehab of taxilanes
2. Grant Budget
State: $250,000.00. Local: $82,236.00 Federal: $1,000,000.00
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3. In consideration of the obligation the Cities of Fort Collins&Loveland,the
Grantee,upon performance in accordance with defined work scope, shall be reimbursed
incrementally the amount of$250,000.00 proportionable to the State's share of
participation upon satisfactory completion of performance. The liability of the State
under this Agreement for any payments is limited to the amount encumbered pursuant to
the budget set forth herein. The State share of actual costs incurred by the Grantee for the
performance of the work shall not exceed the maximum amount described herein without
the benefit of a written Contract Amendment executed by the State prior to the
performance of additional activities or incurring of additional costs.
4. The Grantee shall provide"matching funds" as shown above,in the amount of
$82,236.00. The governing body of the Grantee shall execute and provide to the State a
resolution or other document as appropriate,which: obligates the full amount of the local
share of the funds required by this Agreement,and which also authorizes a specific
individual to execute the Agreement and bind the Grantee to its terms. The resolution
hereby incorporated and attached as Exhibit A.
5. This Grant Agreement is effective upon approval by the State Controller or
designee. The term shall continue through June 30.2012. (Not to exceed five years).
6. Availability of Funds. Payment pursuant to this Grant Agreement is subject to
and contingent upon the continuing availability of funds for the purposes hereof. If any
of said funds become unavailable, as determined by the Division, either party may
immediately terminate or seek to amend this Grant Agreement.
7. Record Keeping Requirements. The Grantee shall maintain a complete file.of all
records,documents,communications and other materials which pertain to the Grant
Agreement for a period of three(3)years from the date of the final payment under this
Agreement or the termination of the Agreement,whichever is later,or for such further
period as may be necessary to resolve any matters which may be pending. All such
records,documents,communications and other materials shall be the property of the
State,and shalt be maintained by the Grantee in a central location and the Grantee shall
be the custodian on behalf of the State.
8. The Grantee shall permit the Division,the federal governinent or any other duly
authorized agent of a governmental agency to audit,inspect, examine,excerpt,copy or
otherwise transcribe the Grantee's records during the term of this Agreement or final
payment period of three(3)years following termination of this Agreement or final
payment hereunder,whichever is later. The Grantee shall also permit these same
described entities to monitor all activities conducted by the Grantee pursuant to the terms
of this Agreement.
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9. No employee,officer or agent of the Grantee shall participate in the selection,or
in the award or administration of a contract or subcontract supported by Federal funds if a
conflict of interest,real or apparent,would be involved. Such a conflict would arise
when:
a) the Employee,officer or agent;
b) any member of the employee's immediate family;
c) the employee's partner;or
d) an organization which employs,or is about to employ,any of the
above,has a financial or other interest in the firm selected for award.
The Grantee's officers, employees or agent will neither solicit not
accept gratuities,favors or anything of monetary value from
contractors,potential contractors or parties to subagreements.
10. Except as otheiwvise provided,the duties and obligations of the Grantee shall not
be assigned,delegated, or subcontracted without the express prior written consent of this
Division. Any subgrantees or subcontractors will be subject to the requirements of the
Agreement.
11. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement and all rights of action relating to such enforcement,shall
be strictly reserved to the Division and the named Grantee. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any third
person. It is the express intention of the Division and the Grantee that any such person or
entity, other than the Division or the Grantee,receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
12. For the purpose of this Agreement,the person named below is designated the
representative of the Grantee. All notices required to be given by the Division shall be
given in writing to the representative named below. The Grantee may designate in
writing a new or substitute representative:
Project Director(print) Signature
13. Any failure of either party to performance in accordance with the terms of this
Agreement shall constitute a breach of the Agreement. Any dispute concerning the
performance of the Agreement which cannot be resolved at a divisional level shall be
referred to superior departmental management staff designated by the Division and the
Grantee.
Any of the parties to this Agreement shall have the right to terminate this Agreement by
giving the other party a thirty(30) day written notice. If notice is given,the Agreement
shall terminate at the end of Thirty(30) days, and the liabilities of the parties hereunder
for further performance of the terms of this Agreement shall thereupon cease.
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ADDENDUM TO SPEOAL PROVISIONS(Replaces the Rrst paragraph of Paragraph 3,captioned INDEMNIFIGI7TON,ofthe SPECIAL
PROVISIONS)
To Me extent auftdied bylaw,the Giles of Fort Collins rA Loveland shad Indemn/ry,save and ho d harmless the State,Its employees and
agents agalnstany and all clalms,damage;11abidty and court awards Including costs,expenses,and attorney fees Incurred as a result of
any act orom&,DLin by the Contractor,or Its employee.$agent;subcontractors or assignees pursuant to the terms oft Is contact.
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted In dallcs.
1. CONTROLLER'S APPROVAL.CRS§24.30-202(1).This contract shall not be deemed valid until It has been approved by the Colorado
State Controller or desigrlee.
2.FUND AVAILABILITY.CRS§2430.202(5.5).Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save,and hold harmless the State, its employees and agents, against any and all
claims,WOT(N
IteblOty anti court awards Including costs,expenses,and attorney fees and related costs incurred as a result of any actor
omissiptractor,o(Applicy toInexpprressd,ofCRS§2 et seq.,or the Federal Tort Claims Act,28 U.S.C.2671 el seq.,as applicable,as now or hereafter amendetl.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2.Contractor shall perform Its duties hereunder as an Independent contractor and not as
an employee Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the
state. Contractor shall pay when due all required empployment taxes and income taxes and local head taxes on any monies paid by the
state pursuant to this contract. Contractor admowledges that contractor and its employees are not entitled to unemployment Insurance
ben its unless contractor or a third party provides succhh coverage and that the state ddoes not pay for or otherwise provide such coverage.
Contractor shag have no authorization express or Implied, to bind the stele to any agreement liability or understanding, except as
expressly set forth herein.Contractor stlall provide and keep in force workers'compensation(and provide proof of such Insurance when
requested by the state)and unemployment compensation insurance In the amounts required by law and shall be solely responsible for Its
ads and those of its employees and agents.
5. NON-DISCRIMINATION.Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6.CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations Issued pursuant thereto, shall be applied In the
interpretation,execution,end enforcement of this conlracL Any provision of this contract,whether or not incorporeled herein by reference,
which provides for arbitration DY any extra-judicial body or person or which is otherwise In con0ld with Bald Wws,rules,and regula0ons
shall be considered null and void. Nothing contained in any provision Incorporated herein by reference which purpods to negate this or any
other special prwisbn In whole ar in part shall be valid or enforceable or available in any action et law whether by way of complaint,
defense,or oherwse. Am/provision rendered null and void by the operation of this provision will not jnvalidate the remainder of this
conlracL o the extent that this contract is capable of execution. tall times during the performance of this contrail,Contractor shall strictly
adhere to all applicable federal and Stale laws,rules,and regulations that have been or may hereafter be established.
7.VENDOR OFFSET.CRS§524.30-202(1)and 2430.202.4.[Not Applicable to Intergovernmental Agreements The State Controller
may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for.(i unpaid child support
debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS§3 -21-101,at seq.;(c)
unpaid bans due to the Student Loan Division or the Department of Higher Etlucetian; (d) amounts required to be paid to tha
Unemployment Compensation Fund;and(a)other unpaid debts certified by the State Controller as owing to the State as a result of final
agency determination or judicial action.
8.SOFTWARE PIRACY PROHIBITION. Governor's Executive Order 0 002 00. No State or other public funds payable under this
contract shall be used for the acquisition,operation,or maintenance of computer software In violation of federal copyright laws or applicable
licensing restrictions.Contractor hereby certifies that,for the term of this contract and any extensions,Contractor has In place appropriate
systems and controls to prevent such impropper use of public funds. If the State determines that Contractor is in violation of this paragraph,
the State may exercise any remedy available at law or equity or under this contract,Including,without limilallon,Immediate termination of
this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST.CRS§24-18.201 and§24.50-507.The signatories aver that to their knowledge,no employee of
the State has any personal or beneficial Interest whatsoever in the service or property described in this contract.
10. PUBLIC CONTRACTS FOR SERVICES.CRS§6.17.5.101.(Not Applicable to agreements relating to the offer,issuance,or
sale of securities,Investment advisory services or fund management services,sponsored pro/eats,Intergovernmental
agreements, or Information technology sarvIces or products and services]Contractor certthes,warrants,and agrees that it does not
knowingly employ or contract with an Illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contrail through participation in the E-
Veidy Program or the Department program established pursuant to CRS§8-17.5.102(5)(c),Contractor shall not knowingly employ or
contract with an Illegal alien to perform work under this contract or enter Into a contract with a subcontractor that falls to certity to Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.Contraclor(a)shall
not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract
Is being performed,(b)shag notify the subcontractor and the contracting State agency within three days If Contractor has actual knowledge
that a subcontractor is employing or contracting with an illegal alien for work under this contract,(c)shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply
with reasonable requests made In the course of an investigation,undertaken pursuant to CRS§8-17.5-102(5),by the Colorado Department
of Labor and Employment If Contractor participates in the Department program,Contractor shall deliver to the contracting State agency,
Institution of higher education or political subdivision a written,notarized affirmation,affirming that Contractor has examined the legal work
status of such employee,and comply with all of the other requirements of the Department program.If Contractor falls to comply with any
requirement of this provision or CRS§6-17.5-101 et seq.,the contracting State agency,institution of higher education or political
subdivision may terminate this contract for breach and,if so terminated,Contractor shall be liable for damages.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18)years of age
or older,hereby swears and affirms under penally of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States
pursuant to federal law,(b)shall comply with the provisions of CRS§24-76.5-101 at seq.,and(c)has produced one form of identification
required by CRS§24-70.5-103 prior to the effective dale of this contract.
R[Wsed May 13,2W8
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THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
GRANTEE: STATE OF COLORADO
City of Fort Collins
Aeronautics Division Director
Department of Transportation
BY:
Authorized Signature
Print Name of Authorized Officer
(Place seal here, if available.)
ATTEST (Seal) by
JOINT GRANTEE:
City of Loveland
BY:
Authorized Signature
Print Name of Authorized Officer
(Place seal here, if available.)
ATTEST (Seal) by
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts and
agreements. The agreement is not valid until the State Controller, or such assistant as he may
delegate, has signed it. The contractor is not authorized to begin performance until the
agreement is signed and date below. If performance begins prior to the date below, the State of
Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER
David J. McDermott, CPA
By
Date
5
EXHIBIT A
RESOLUTION
WHEREAS:
The General Assembly of the State of Colorado declared In Title 43 of the Colorado revised Statutes,Article 10,
1991 in C.R.S.43-10-101(the Act)"...that there exists a need to promote the safe operations and accessibility of
general aviation In this state;that Improvements to general aviation transportation facilities will promote
diversified economic development across the state;and that accessibility to airport facilities for residents of this
state is crucial In the event of a medical or other type of emergency..."
The Act created the Colorado Aeronautical Board("the Board7)to establish policy and procedures for distribution of
monies in the Aviation Fund and created the Division of Aeronautics("the Division")to carry out the directives of the
Board,including technical and planning assistance to airports and the administration of the state aviation system grant
program. SEE C.R.S.43-10-103 and C.R.S.43-10-105 and C.R.S.43-10-108.5 of the Act.
Any entity operating a public-accessible airport in the state may file an application for and be recipient of a grant to be
used solely for aviation purposes. The Division is authorized to assist such airports as request assistance by means of a
Resolution passed by the applicant's duty-authorized governing body,which understands that all funds shall be used
exclusively for aviation purposes and that it will comply with all grant procedures and requirements as defined in the
Division's Grant Program Project Management Manual,revised 1999,('the Manual').
NOW,THEREFORE,BE IT RESOLVED THAT:
The Citles of Fort Collins&Loveland,as a duly authorized governing body of the grant applicant,hereby formally
requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation
system grant. The Cities of Fort Collins&Loveland states that such grant shall be used solely for aviation purposes,
as determined by the State,and as generally described in the Application.
Each airport-operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT
a) to keep the airport facility accessible to,and open to,the public during the entire useful life of the grant funded
improvements/equipment;or b)to reimburse the Division for any unexpired useful life of the improvements/
equipment,or a pro-rata basis.
By signing this grant agreement,the applicant commits to keep open and accessible for public use all grant funded
facilities,improvements and services for their useful fife,as determined by the Division and stated in the Grant
Agreement
FURTHER BE IT RESOLVED:
That the Cities of Fort Collins&Loveland hereby designates Larry Mack as the Project Director,as described in the
Manual and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in
its behalf,Including executions of the grant contract.
FURTHER:
The Cities of Fort Collins&Loveland has appropriated or will appropriate or otherwise make available in a timely
manner all funds,if any,that are required to be provided by the Applicant under the terms and conditions of the grant
contract.
FINALLY:
The Cities of Fort Collins&Loveland hereby accepts all guidelines,procedures,standards and requirements described
in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted by the
State,including all terms and conditions contained therein.
for The Cities of Fort Collins&Loveland,Grantee
ATTEST
RESOLUTION 2009-016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A CAPITAL FUNDING
GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION
FOR IMPROVEMENTS AT THE FORT COLLINS-LOVELAND AIRPORT
WHEREAS, the cities of Fort Collins and Loveland (the "Cities")jointly own and operate
the Fort Collins-Loveland Municipal Airport (the "Airport"); and
WHEREAS, the Cities, by resolution, have adopted the Fort Collins-Loveland Municipal
Airport Master Plan; and
WHEREAS,the Federal Aviation Administration provides grant funding to eligible airports
to enable those airports to pursue, in a timely manner, capital improvements included within an
adopted Airport Master Plan; and
. WHEREAS,the Cities have applied for,and have been offered,a capital funding grant from
the Federal Aviation Administration in the amount of$324,621.00 for the purpose of funding the
projects as identified in the proposed grant agreement attached hereto and incorporated herein as
Exhibit"A"; and
WHEREAS, the projects identified in the proposed Grant Agreement are identified in the
Fort Collins-Loveland Municipal Airport Master Plan as first priority projects; and
WHEREAS, the Cities have budgeted and appropriated the 5% matching local funds
necessary to accept this grant from the Federal Aviation Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Mahager is hereby authorized to enter into a grant agreement for the capital
funding grant identified above, in substantially the form attached hereto and incorporated herein as
Exhibit"A",subject to such modifications in form or substance as the City Manager,in consultation
with the City Attorney, may deem necessary to effectuate the purposes of this Resolution or to
protect the interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of February A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT A
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: January 20,2009
Airport: Ft.Collins-Loveland Municipal
Project Number: 3-08-0023-24
Contract Number: DOT-FA09NM-1011
DUNS Number: 07-468-1407
To: Cities of Ft. Collins and Loveland,Colorado
(herein called the"Sponsor")
From: The United States of America (acting through,the Federal Aviation Administration, herein called the
„ AA")
Whereas,the Sponsor has submitted to the FAA a Project Application dated January 9,2009 for a grant of Federal funds
for a project at or associated with the Ft. Collins-Loveland Municipal 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:
Construct Taxiway "E",Phase II; Install Perimeter Fencing,Phase 11,
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.thereo£
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND'CONDITIONS:
Conditions
I. The maximum obligation of the United States payable under this offer shall be $324,621. 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
$324,621 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 cant' 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 17, 2009, or such subsequent date as
maybe 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 5100J7(7190) 2
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 cant'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 thisgrant,
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.
it. 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.
12. 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 for land projects.
13. The Sponsor agrees to perform the following:
a. Furnish 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:
FAA Form 510037(W90) 3
(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.
(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 failurc.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.
14. 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 thatthe 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.
FAA Form 5100-37(7190) 4
15. TRAFFICKING IN PERSONS:
a.Provisions applicable to a recipient that is a private entity.
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.l 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 Govermentwide 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.l 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.l 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
Govemmentwide 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.l 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.t 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:
FAA Form 5100-07(7190) 5
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 parry as an in-kind contribution toward cost sharing or matching requirements.
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 5i00.37(7190) 6
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
Man ger,DerNer Airports.District Office
Part 11 - 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 day of .2009.
CITY OF FT.COLLINS,COLORADO
(SEAL) Sponsor's Designated Official Representative
Attest: Title:
Title:
Certificate of Sponsor's Attorney
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 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 consfitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of ,2009.
Signature of Sponsor's Attorney
FAA Form 5100-37(7190) 7
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 day of 2009.
CITY OF LOVELAND,COLORADO
(SEAL) Sponsor's Designated Official Representative
Attest: - Title:
Title:
Certificate of Sponsor's Attorney
1, .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 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 this_day of 2009.
Signature of Sponsors Attorney
FAA Form 6100-37(7190) 8