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HomeMy WebLinkAbout2009-016-02/17/2009-AUTHORIZING THE CITY MANAGER TO EXECUTE A CAPITAL FUNDING GRANT AGREEMENT WITH THE FEDERAL AVIATION 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 Manager 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 Cou o the City of Fort Collins this 17th day of February A.D. 2009. Mayor ATTEST: o�LiNS City Clerip 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-FA09NM4011 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 "FAA") 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 H; Install Perimeter Fencing,Phase II, 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,thereof. 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 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 February 17, 2009, 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 Form 6100J7(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 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 Required for Use In All?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 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. l of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than l5 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 5100J7(7/90) 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 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. 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 that the.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(7/90) 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 ora subrecipient that is a private entity— i.Is determined to have violated a prohibition in paragraph a.1 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.l 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 Governmentwide 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 asubrecipient that is aprivate 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 Governmentwide 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.I 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.1 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 n 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 projector 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 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": is Means any entity other than aState, 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 5100,37(7190) 6 The Sponsors 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 Sponsors acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION W &k4eew Man ger,Der'er 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 2009. CITY OF FT.COLLINS,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, 1 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 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 Sponsor's Attorney FAA Form 610047(7190) 8