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HomeMy WebLinkAbout2002-086-10/01/2002-AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION R RESOLUTION 2002-086 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION REGARDING THE DESIGN OF AN AIRPORT SNOW REMOVAL EQUIPMENT BUILDING WHEREAS, the Cities of Fort Collins and Loveland jointly own and operate the Fort Collins-Loveland Municipal Airport (Airport); and WHEREAS, the Cities, through Resolution 94-110, have adopted an Operating and Development Policy, an Airport Capital Improvement Program, and Airport Layout Plans; and WHEREAS, the Airport has developed a twenty-year Capital Improvement Program which is consistent with the above Resolution and the Airport's market niche of general aviation and commuter service; and WHEREAS, the Federal Aviation'Administration provides grant funding to eligible airports to enable those airports to pursue, in a timely manner, required capital improvements included within an adopted Capital Improvement Program; and WHEREAS, the Cities have applied for, and have been offered, a grant from the Federal Aviation Administration in the amount of $49,574 for the purpose of designing an airport snow removal equipment building; and WHEREAS, the Cities have budgeted and appropriated the 10% matching 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, COLORADO that the City Manager is hereby authorized to enter into the Grant Agreement for the design of an airport snow removal equipment building, in substantially the form attached hereto 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 September, A.D. 2002. e , Mayor TEST: 11ULW - City Clerk EXHIBIT "A" U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part i - Offer Date of Offer: Airport: Fort Collins-Loveland Municipal Project Number: 3-08-0023-17 Contract Number: DOT-FA02NM-1089 To: City of Fort Collins and City of Loveland, 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 May 9, 2002 for a grant of Federal funds for a project at or associated with the Fort 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 Snow Removal Equipment Building(design only), 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, as amended, 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 $49,574.00. For the purposes of any future grant amendments that 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 $49,574.00 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, as amended. 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 September 27, 2002, or the FAA may prescribe such subsequent date as in writing. 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 5100-37(10/89) 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 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 July 1, 1999, 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. FAA Form 5100-37(10/89) 3 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, as amended, 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 Man er,Denv orts istrict Office I P11-1 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements,representations, warranties, covenants, and agreements cont ained tamed in the Project Application and incorporated materials referred to in the foregoing Offer and do 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 2002. CITY OF FORT COLLINS, COLORADO (SEAL) By. Sponsor's Designated Official Representative Attest: Title: Title: Certificate of Sponsor's Attorney I 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 of 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, as amended. 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 2002. Signature of Sponsor's Attorney FAA Form 5100-37(7190) 4 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 do 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 2002. CITY OF LOVELAND,COLORADO (SEAL) By. 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 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, as amended. 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 2002. Signature of Sponsor's Attorney FAA Form 5100-37(7/90) 5 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 The followinz apply to both AIP and PFC Projects NUMBER TITLE 70/7460-1J Obstruction Marking and Lighting 150/5000-13 Announcement of Availability—RTCA Inc.,Document RTCA-221,Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5210-5B Painting,Marking and Lighting of Vehicles Used on an Airport 150/5210-7B Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Plans,Facilities,and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue&Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System(DEVS) 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-1 OB Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16B Automated Weather Observing Systems for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small,Dual-Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 Airport Snow and Ice Control Equipment CHG 1 150/5220-21 A Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5300-13 Airport Design CHG 1,2,3,4,5 150/5300-14 Design of Aircraft Deicing Facilities 150/5320-5B Airport Drainage 150/5320-6D Airport Pavement Design and Evaluation 150/5345-27C Specification for Wind Cone Assemblies 150!5345-28D Precision Approach Path Indicator(PAPI)Systems CHG l 150!5345-39B FAA Specification L853,Runway and Taxiway Centerline Retroreflective Markers CHG 1 150/5345-42C Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories CHG 1 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345-44F Specification for Taxiway and Runway Signs CHG I ' e 150/5345-45A - Lightweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Light Fixtures 15015345-47A Isolation Transformers for Airport Lighting Systems 15015345-49A Specification L854,Radio Control Equipment 150/5345-50 Specification for Portable Runway Lights CHG 1 150/5345-51 Specification for Discharge-Type Flasher Equipment CHG 1 150/5345-52 Generic Visual Glideslope Indicators(GVGI) 150/5345-53A Airport Lighting Equipment Certification Program (including addendum) 15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12A Airport Signing&Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities CHG I 150/5370-2C Operational Safety on Airports During Construction 150/5370-10A Standards for Specifying Construction of Airports CHG 1,2,3,4,5,6,7,8,9 150/5390-2A Heliport Design 150/5390-3 Vertiport Design