HomeMy WebLinkAbout2010-015-03/02/2010-AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2010 GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTR RESOLUTION 2010-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2010
GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION
FOR IMPROVEMENTS AT THE FORT COLLINS-LOVELAND MUNICIPAL 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$500,000 to fund design services for the 2010
capital construction project to rehabilitate the Airport's primary runway as identified in the proposed
Grant Agreement (DOT-FAIONM-1002 for AIP Project No. 3-08-0023-27), attached hereto as
Exhibit"A" and incorporated herein by this reference (the "2010 Grant Agreement"); and
WHEREAS, the project identified in the 2010 Grant Agreement is identified in the Fort
Collins-Loveland Municipal Airport Master Plan as a first priority project; and
WHEREAS, the$500,000 in grant funds and matching local funds of$26,315 necessary to
accept the grant from the Federal Aviation Administration have been appropriated as a part of the
Airport's 2010 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the 2010 Grant Agreement is hereby approved.
Section 2. That the City Manager is hereby authorized, following consultation with the
City Attorney, to modify the 2010 Grant Agreement in form or substance as deemed necessary to
effectuate the purposes of this resolution or to protect the interests of the City.
Section 3. That the City Manager and the City Clerk are hereby authorized and directed
to execute the 2010 Grant Agreement on behalf of the City.
Passed and adopted at a regular meeting of the Coun ' of the City of Fort Collins this 2nd
day of March A.D. 2010.
Mayor
ATTEST: '
City Clerk
EXHIBIT A
l
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer:
Airport: Ft. Collins-Loveland N'lunicipal
Project Number: 3-08-0023-27
Conh•act Number: D0'1'-FAl0NN'I-l0xx
DUNS Number: 07-468-1407
"1'o: Cities of Ft. Collins and Loveland. Colorado
(herein called the "Sponsor")
Frum: 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 February XN, 2010 for a �11snt of Federal
binds for a project at or assocmtccl with the Ft. Collins-Loveland Municipal Airport, which Project Application, as
approved by the FAA. is hereby incorporatccl herein and made a part hereof, and
Whereas. the FAA has approved a project for the Airport (herein called the "Project') consisting of the follokvin<_:
Rehabilitate Runwny 15133, Phase 1,
all as 11101"C particularlY described in the Project Application.
FAA Form 5100-37(7190) 1
NOW THEREFORE, pursuant to and for the purpose of cn rying out We 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
ADn�91NISTRATION, FOR AND ON BEHALF OF Tin. UNITED STATES, F1EREBY OFFERS AND AGRI?F:S
to pay, as the United States share of the ❑lknvable costs incurred in accomplishing the Project. 95.00 per cemum thereof'.
This Offer is matte on and SU urn TO TIIE FOL.LO\YING TERMS AND CONDITIONS:
Conditions
I. The maximum obligation of the United States payable under this offer shall be $500,000. For the purpose orally
future grant amendments which may increase the foregoing maximum obligation of the United States under the
provisions of Section 47103(b)of the Act, the following amounts are being specified for this purpose:
$-0- for planning
.$500,000 for airport development and noise program implementation
?. The allowable costs of the project shall nor 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 he made pursuant to and in accordance
with the provisions of such regulations and procedures as the Secretary shall prescribe. Final deteruination of
the Unites( 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 adjustment, to the Federal share of costs.
d. 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
assurance, which were made part ofthe project application.
>. The FAA reserves the right to amend or wilhdm%v this offer at any time prior to its aceepwrwe by the sponsor.
(. This offer shall expire and the United States shall not he obligawd to pay any part of the costs of the project
unless this offer has been accepted by the sponsor on or before March 12, 2010, or such subsequent (laic as may
be prescribed in writing by the FAA.
7. 'fhc Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently.
Wastcrully. 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(7190) 2
other el'forts 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.
S. 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 111C "Current FAA Advisory Circulars
Required for Use In AIP Funded and PFC Approved Projects," dated March 21, 2007, and included in this grant,
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
;rant obligation of'theUnited States exceeds the expected needs of the Sponsor by $2.,000.00 or five percent
(l%), whichever is greater, the maxinn n obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely. iP there is an overrun in the total actual AMR and
allowable project costs, FAA may increase the maaiinum `,rant 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 u
change in the grant description is advantageous and in the best interests of the United States, the change in grant
description will be unilaterally attended 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.
1 I. Unless otherwise approved by the FAA, the Sponsor will not acquire or peanut 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. 'file 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 nn.eint,unl obligation of the United States. as
stated in Condition No. I of this Grant Offer:
a. may not be increased for a planning project.
b. may be increased by not more than 15 percent for development pfojects;
C. tiny be increased by not naoe than 15 percent for land projects.
IT The Sponsor agrees to perform the folloNvin`_:
it. furnish a construction managernent 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 ant] tests required by the Federal specifications. The
program shall include as a minimum:
FAA Form 5100-37(7/90) 3
(1) The name of the person representing the Sponsor who has overall responsibility for conh-act 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. toecther with a description ofthe services to be provided.
(3) Procedures for dewrntining that testing laboratories meet the requirements of the American Society of-listing
and !Nlaterials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C
1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(S) A listing of all tests required by the contract specifications, inclucling 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 acwWance with the program, that they are documented
daily, and that the proper corrective actions, where necessary, are undertaken.
b. Sub_mir.at completion of the project,.a final test and quality control report documenting the resuhs of all tests
pedonned, 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 ounof-tolerance material. An
interim test and quality conhol report shall be subntihed, if requested by the FAA.
C. FadurC ut provide a complete report as described W paiagraph b, or failure 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 qn the type or types of required tests not performed or not documented and will be
eonunensuratc with the proportion ol'applicable pavement with respect to the total pavenertt constructed
under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly it such independent tests determine that sponsor test results are inaccurate.
14. 'Ile sponsor agrees to monitor progress on the work to he accomplished by this grant. For consultant services,
the Sponsor agrees to make payment only for work that has bean satisfactorily completed. It is understood by
and between the parties- hereto that the approximate value of the final project documentation is ten percent(10%)
of the towl value of the engineering services contracL.and that amount will not be paid to the Engineer until
acceptable tinal project documentation is provided.
FAA Form 5100-37(7I90) 4
1 5. For a project to replace or recunstruct pavement at the airport, the Sponsor shall implement an effective airport
pavement maintenance management program as is required by Airport Sponsor tlssurance Number C-1 I. 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 outlined
below:
PAVErNIENI- NIAINTE!NANCF. MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must,as a minimum. include the following:
it. Pavement Inventory. *file following must be depicted in an appropriate form and level of detail:
(I) location of all runways, taxiways, and aprons;
(2) dimensions;
(?) type of pavcmcnt, and;
(-t) year ofconstruction or most recent major rehabilitation.
For compliance with the .Airport Improvement Program (All') assurances, pavements that have been constructed.
reconstructed. or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set
forth in Advisory Circular I5W5 380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of'inspections may be extended to tlu'ce years.
(_) Drive-By Inspection. A drive-by inspection nmst be performed a minimum ofonce per month to
detect unexpected changes in the pavenncnt condition.
C. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed nmst be recorded and kept on file for a minimum of five years. The types of distress,
their locations, and remedial action scheduled or performed. must be documented. The minimum information to
be recorded is listed below:
(I) inspection date-
(2) location,
(;) distress types, and
(4) maintenance scheduled or performed.
For drive-bc inspections, the date of inspection and any maintenance performed must be recorded.
FAA Form 510007(P90) 5
d. Information Retrieval. Anairport sponsor may use any form of record keeping it deems appropriate,
so Ion as the inlorntation and records produced by the pavement Survey can be retrieved to provide a report to
the FAA as may be required.
C. Reference. Refer to Advisory Circular 15083800, "Guidelines and Procedures for Maintenance Of
Airport Pavements." for specinc guidelines and procedures for maintaining airport pavements and estwlishing an
effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and
recommended methods of-repair are presented.
16. TRAFFICKING IN PERSONS:
it. Provisions applicable to a recipient (hat is a private entity.
I. You as the recipient, your employees, subrecipients under this award, and subrecoients' employees stay 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 scs act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawmAs under the award.
2. We as the Federal awarding agency may unilaterally lerminate this award, without penalty, if you or it
Subrecipicnt that is a private entity—
i. Is determined to have violated) a prohibition in paragraph a.I of this award term, or
ii. Has an empovice who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.l of this award terns through conduct that is either—
A. Associated with performance under this award; or
13. Imputed to you or the subrccQAcnt using the standards and Clue process for imputing the
conduct of an individual to an organization that are provided in 2.CI-R part ISO, "ONIQ
Guidelines to Agencies on Governmentwide Debarment.and Suspension (Nonprocurement)," as
implemented by our agency at d9 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 it private entity—
I. Is determined to have violated an applicable prohibition in paragraph a.l of this award term; or
2. I las an employee who is determined by the agency official authorized to terminate the award to have violated
an applicable prohibition in paragraph a.I of this a%Vard term through conduct that is either--
i. Associated with performance under this award; or
ii. Imputed to the suhrecipient using the standards and Clue process for imputing the conduct of an
individual to an organization that are provided in 2 CM part 180, "OM13 Guidelines to Aac icks on
Gover unentwide Debarment and Suspension(Nonprocurenlent)," as implemented by our agency at 49
('PR Part 29.
c. Provisions applicable to an)' recipient.
I. You must inform us inunediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a.I of this :nvard term.
FAA Form 5100-37(7190) 6
2. Our rihI to terminate unilaterally that is described in paragraph Q or b of this section:
i. Implements section mg) of the Trafficking Victims Prolecdon Act of 2000 =PA}, as amended (22
U.S.C. 7104(g)), and
it. Is in addition to all other remedies for noncompliance that are available to us under this award.
;. You must include the requirements of paragraph a.1 of this award,tens in any subaward you make to a private
e m i ty.
d. Definitions. For purposes of Ibis award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or
program under this award; or
A. Another person engaged in the perPixmance 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 party as an OWN contribution toward cost Sharing or matching requirements.
2. "Forced labor" means labor obtained by any orthe following methods: the recruitment, harboring,
trutsport:tion, provision, or obtaining of a person Ibr labor or services, through the use of force, fraud, or
coercion For the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
"Private enthy-:
i. iNicans am entity other than a State. local _government, Indian tribe,or forei,n public entity, as those
terms are defined in 2 CAN 17505. /
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 Man tribe at 2 CFR 175?5(b).
B. A for-profit organization.
4. "Severe forms of' trafficking in persons." '`commercial sex act," and `cnercion" have the meanings given at
section 103 of the 'I V PA_as amended (22 U.S.C. 7102).
FAA Form 5100-37(7M) 7
r
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced
by execution of this insuument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant
Acreemen[, as provided by the Act, constituting the contactual 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 eflective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AIJMERICA
FEDERAL AVIATION AD!\11N'ISTRATIOiN'
Nlanager, Denver Airports District OFlice
Part II - Acceptance
I hr Sponsor does hereby ratify,and adopt all assurances.statements, representations, warranties, covenants;and agreements contained
in [he Project Application and incorporated materials referred to in the foregoing Oflcr 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.
1:xccured this day of 2010.
CITY OF FT. COLLINS, COLORADO
(Sla\Li Sponsor's Designated Official Representative
A[test: Title.
Title:
Certificate orSponsor's Attorney
acting as Atuxney for the Sponsor do hereby certify:
Film in my opinion the Sponsor is empowered to cnicr into the foregoing Grant A,reeuient under the laws of the State of Colorado.
Further. I have examined the fom_,oim_ Grant A-recntcnt and the actions taken by said Sponsor and Sponsor's official representative
has been dulv authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
Stare and the Act. In addition, for �Jants involving projec[S to be carried out on property not owned by the Sponsor, there are no le-al
inlpcdintcnrs that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
Ie,_al and binding obligation 01,111c Sponsor in accordance with the terms thereof:
Dared at — —this___--day of_--.__.---- 2010.
Signature ol-Sponsor's Attorney
FAA Form 5100-37(7l90)
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties. covenants, and agreements contained
in the Project Apphuohn amf incorporated materials relzrrccl to in the foregoing Clffcr and does hereby accept this Offer and by such
acceptance agrees to comply with all orthe terns and conditions in this Offer and in the Project Application.
Lsecuicd this day of , 2010,
CITY OF LOVFLArND, COLORADO
(SEAQ Sponsor's Designated!011icial Representative
ARest: rifle:
ritle:
Certificate of Sponsor's Atlor•uey
acting as Attorney At the Sponsor do hereby certify:
'I hat 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 drily authorized and that the execution thereor 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,Were are no legal
impediments that will prevent full perArntance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
Ic al and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at this day of 2010.
tiignawre of Sponsor's Attorney
FAA Form 5100.37(7)90) 9