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HomeMy WebLinkAbout1999-114-09/21/1999-AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH FAA REGARDING THE REHABILITATION OF RUNWAY 1 RESOLUTION 99-114 AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE UNITED STATES FEDERAL AVIATION ADMINISTRATION (FAA) REGARDING THE REHABILITATION OF RUNWAY 15/33 WHEREAS, the Cities of Fort Collins and Loveland, Colorado ("Cities")jointly own and operate the Fort Collins-Loveland Municipal Airport ("Airport"); and WHEREAS,the Cities,through Resolution 94-110,adopted an Operating and Development Policy, 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 United States Federal Aviation Administration in the amount of$1.167,115 for the purpose of rehabilitating (paving, grooving and painting) the airport's primary runway, 15/33. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO that the Mayor be, and hereby is, authorized to enter into a Grant Agreement, in the form shown on Exhibit "A", attached hereto and incorporated herein by this reference,between the Cities and the United States Federal Aviation Administration in the amount of$1,167,115, for the purpose of rehabilitating runway 15/33. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 21st day of September, A.D. 1999. Mayor ptr;_.; ATTEST: City Clerk EXHIBIT "A" U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: AUG 6 19% Airport: Fort Collins-Loveland Municipal Project Number: 3-08-0023-15 Contract Number: DOT-FA99NIVI-1064 To: Cities of Fort Collins and 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 February 2, 1999 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: Rehabilitate and Groove Runway 15/33 (Phase III, 8,500' x 1001); Install Runway Distance Remaining Signs and Runway End Identifier Lights on Runway 15, all as more particularly described in the Project Application. FAA Forth 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 $1,167,115. 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 $1,167,115 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.. 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 17, 1999, 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 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 Forth 5100-37(10M) 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 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. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The Sponsor must check the facility, including instrument landing systems,prior to commissioning to ensure it meets operational standards. The sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership. operation, or maintenance of any Sponsor-acquired equipment, except for instrument landing systems. 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: (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. FAA Form 5100-37(10/89) 3 (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, 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 reasons for accepting any out-of-tolerance material. C. Failure to provide a complete report as described in paragraph(c), 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 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. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform with the provisions in the attached outline entitled "Pavement Maintenance Management Program." 15. The Sponsor attests any automated facility, technology system, or equipment assessed and/or tested under this Airport Improvement Program project has, or will have, a complete assessment for year 2000 (Y2K) date change data processing compliance. Any future Y2K awareness, assessment, and testing work for the facilities, systems, or equipment related to the project will be the responsibility of the Sponsor or its contractor. The Government will not participate in additional costs for Y2K assessment or testing work for any automated data processing subject to this grant agreement. 16. The Sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed or repaired under this Airport Improvement Program project has completed, or will complete, successful verification and validation of the year 2000 (Y2K) date change data processing. The Sponsor shall ensure Y2K FAA Forth 5100-37(10189) 4 compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it meets operational standards. The Sponsor must provide for continuous operation and maintenance of such, or alternate courses of action. The future Y2K awareness, assessment(including associated testing),renovation, validation, and implementation work related to the project will be the responsibility of the Sponsor or its contractor. The Government will not participate in additional costs of Y2K assessment, testing, or repair work for the automated data processing subject to this grant agreement. FAA Form 5100-37(10189) 5 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 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 day of , 19 CITY OF FORT COLLINS, COLORADO By: (SEAL) 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 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 V1I, 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 19_ Signature of Sponsor's Attorney FAA Forth 5100-37(7190) 6 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 day of 19 CITY OF LOVELAND,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 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 19_ Signature of Sponsor's Attorney FAA Form 5100-37(7/90) 7