HomeMy WebLinkAbout1978-025-03/21/1978-AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF TH RESOLUTION 78-25
AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER
FROM THE UNITED STATES RELATING TO THE
DEVELOPMENT OF THE FORT COLLINS-LOVELAND
MUNICIPAL AIRPORT
BE IT RESOLVED by the Mayor and City Council of the
City of Fort Collins , Colorado
Section 1 That the City of Fort Collins , Colorado
shall , as cosponsor with the City of Loveland, Colorado, accept
the Grant Offer from the Federal Aviation Administration dated
March 20, 1978 , for the purpose of obtaining federal aid in the
development of the Fort Collins-Loveland Municipal Airport, and
that such Grant Offer shall be as set forth hereinbelow
Section 2. That the City of Fort Collins , Colorado,
does hereby ratify and adopt all statements , representations ,
warranties , covenants and agreements contained in the Project
Application which is incorporated by reference in the said Grant
Offer
Section 3 That the Mavor is hereby authorized and
directed to execute said Grant Offer on behalf of the City of
Fort Collins , Colorado, and the City Clerk is hereby authorized
and directed to impress thereon the Official Seal of the City of
Fort Collins , Colorado, and to attest said execution
Section 4 A true copy of the Grant Offer referred to
as attached hereto
Passed and adopted at a regular meeting of the
City Council held this 21st day of March, A D 1978
ay
ATTEST
Ci-ty Clerk
Page 1 of 9 pages
DEPARTMENT OFTRANSPORTATION '
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part l.Offer
Date of Offer March 20, 1978
Fort Collias-Loveland Municipal Airport
Project No 5-08-0023-04
Contract No DOT-FA78M4-0226
TO Cities-of-Fort Collins-and-Loveland, Colorado
(herein referred to as the "Sponsor")
Co/
FROM The United States of America(acting through the Federal Aviation Admmutiation, herein
referred to as the "FAA")
WHEREAS,the Sponsor has subuutted to the FAA a Project Application dated March 14, 1978
, for a grant of Federal funds for a project for develop-
ment of the Fort Collins-Loveland Mlmicipal Airport(herein called
the "Airport"), together with plans and specifications for such project, which Project Apphcation,
as approved by the FAA is hereby incorporated herein and made a part hereof,and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project')consisting of the following described airport development
Rehabilitate/resurface, including rubberized friction seal, and mart
Rummy 15/33 (approa 6500' a 100')
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application,
FAA FORM 5100.13 F6 1 110.711 SUFCRSKOd FAA FORM 1011 p 1 PAGE t
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Page 2 of 9 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S C 1701), and in consideration of(a)
the Sponsor's adoption and ratification of the representations and assurances captamed 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 the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, 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 percent.
This Offer is made on and subject to the following terms and conditions
1 The maximum obligation of the United States payable under this Offer shall be
S 680,933.00.
2 The Sponsor shall
(a) begin accomplishment of the Project within sixty (60) days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the-obhgattons of the
United States hereunder by the FAA,
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the Airport and Airway Development Act of 1970, and Sections 152 51-
152 63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this Offer, which Regulations are hereinafter
referred to as the "Regulations",
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA
3 The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowabihty under Section 152 47 (b) of the Regula-
tions
4 Payment of the United States share of the allowable project casts will be made pursuant
to and in accordance with the provisions of Sections 152 65 — 152 71 of the Regulations
Final determination as to the allowabihty of the costs of the project will be made at the
time of the fuial grant payment pursuant to Section 152 71 of the Regulations Provided,
that, in the event a semi-fmal grant payment is made pursuant to Section 152 71 of the
Regulations, final determination as to the allowabihty of those costs to which such serm-
final pa)ment relates will be made at the time of such semi final payment
FAA FORM 5I00-17 PG 2 (7-721 1 SUPERSEDES PREVIOUS EDITION • PAGE 2
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5. The Sponsor shall operate and maintain the airport as provided in the
project Application incorporated herein and specifically covenants and
agrees, in accordance with its Asenrence 4 in Part III of said Project
Application, that in its operation and the operation of all ,facilities
thereof, neither it nor any person or organization Occspying space or
facilities thereon will discriminate against any person or class of
persons by reasons of race, color, creed or national origin in the use
of any of the facilities provided for the public an the airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. This Offer aball expire and the United States shall not be obligated to
pay any part of the costs of the project Mess this Offer has been
accepted by the Sponsor on or before March 31, 1978 or such subsequent
date as may be prescribed in writing by the FAA.
8. The Sponsor hereby agrees that it will incorporate or canes to be
incorporated into any contract for-construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at
41 CPR Chapter 60, which is paid for in whole or in part with funds
obtained from the Federal Government or borrowed on-the-oredi.t of the
Federal Government p=suant to a grant, contract, loan, {TQ1rance, or
goaraatee, or undertaken puravaat to any federal program involving
such grant, contract, loan, insurance, or guarantee the following
Equal Opportunity Clause.
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or
applicant for employment because of race, color,—religion, sex or
national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated dirriag employment without regard to their race, color, sex,
or national origin. Such action ahall include, but not be
limited to the following: Uployment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
b. 4'he contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without-regard to race, color, religion, sex or national origin.
c. The contractor shall send to each labor ur,on or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
10/20/72
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the said labor union or workers' representatives of the
contractor's commitments ffider this section, and shall poet
copies of the notice in conspicuous places available to employees
and applicants for employment.
d. 2he contractor will comply with all provisions of Executive Order
17246 of September 249 1965, and of the roles, regulations, and
relevant orders of the Secretary of Labor.
e. The contractor will famish all information and reports required
by Executive Order 11246 of September 24, 1965, and by voles,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will pemit access to his books, records, and
accounts by the adminietering agency and the Secretary of Labor
for purposes of investigation to ascertain ^^^'Hance with such
rules, regulations and orders.
f. In the event of the oontractor's nonoomplianoa with the noa-
discrimination clauses of this contract or with any of the said
rules, regulations, or order, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further government contracts of
federally assisted construction contracts in accordance with
prooedures authorized in Executive Order 31246 of September 24,
1965, and suoh other sanotions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24,
1965, or by rules, regulations, or order of the Secretary of
Labor, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately
preceding paragraph a. and the provisions of paragraph a. through g.
in every suboontract or porobase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so
that such provisions v_ill be bind upon each subcontractor or
vendor. The oontractor will take such action with respect to
any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the
evdat a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request
the United States to enter into each litigation to protect the
interests of the muted States.
The Sponsor further agrees that it will be bound by the above Equal
opportunity clause with respect to its own employment practices when
it participates in federally assisted construction work: Provided,
that if the applicant so participating is a State or local government,
10/20/72
Pat 5 of 9 pages
the above Equal Opportunity clause in not applicable to any agency,
instrumentality or subdivision of each goverment which does not
participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance
of oontractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor
that it will flurnieb the administering agency with the Secretary of
Labor ouch information as they may require for the supervision of such
cenpuia^ce, and that it will otherwise assist the administering agency
in the discharge of the agency's primary responsibility for securing
compliance.
The Sponsor further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
24 September 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out
such senctions and penalties for violation of the Equal Opportunity
clanee as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part III,
Subpart D, of the Executive Order. In addition, the Sponsor agrees
that if it fails or refuses to comply with these undertakings, the
administering agency may take amy-or all of the following actions: Cancel,
+e„einate, or suspend in whole or in part this grant (contract, loss,
insurance, guarantee); refrain from extending any further assistance to
the Sponsor under the program with respect to which the failure or
refund occurred until satisfactcTy assurance of future compliance has
been received from the Sponsor; or refer the case to the Department
of Justice for appropriate legal proceedings.
9, the Sponsor hereby further covenants that it will not permit any
permanent-type structures, other tbaa structures required for aids to air
navigation and such other structures as may be specifically excepted
in writing by the FAA, to be erected on, and that it will cause any
existing structures to-be removed from, each area identified on the
Exhibit "A" as "olear same" or any portions thereof, ooncerning which the
Sponsor has acquired a fee interest with federal financial assistance,
irrespective of whether such structures constitute an obstruction to
air navigation.
10. By its acceptance hereof, the Sponsor hereby covenants that to the extent
it has or may have either present or future control over each area
identified on the Exhibit "A" as "clear zone", and unless exceptions to
or deviations from the following obligations have been granted to the
Sponsor in writing by the FAA, it will clear said area or areas of ary
existing structure or any natural growth which constitutes an obstruction
to air navigation with the standards established by Section T7.23 as applied
to Section 7'.25, Part T7, of the Federal Aviation Regulations; and the
Sponsor further covenants that it will control the subsequent erection of
structures and control natural growth to the extent neoessary to prevent
creation of obstructions within said standards.
10/20/72
Page 6 of 9 pages
11. Assurance Number 18 of Part V of the project application incorporated
herein is amended by including at the end of the second sentence 'the
following language:
"including the requirement that (A) each air carrier, authorized to engage
directly in air transportation pursuant to Section 401 or 402 of the Federal
Aviation Act of 1958, using such airport shall be subject to nondiscrimin-
atory and substantially comparable rates, fees, rentals, and other charges
and nondiscriminatory conditions as are applicable to all such air carriers
which make similar use of such airport and which utilize similar facilities,
subject to reasonable classification such as tenants or nontenants, and
combined passenger and cargo flights or all cargo flights, and such class-
ification or status as tenant shall not be unreasonably withheld by any
sponsor provided an air carrier assumes obligations substantially similar
to those already imposed on tenant air carriers, and (B) each fixed base
operator using a general aviation airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed base operators making the same or similar uses of such airport utilizing
the same or similar facilities; provision (A) above, shall not require the
reformation of any lease or other contract entered into by a sponsor before
July 12, 1976. Provision B above shall not require the reformation of any
lease or other contract entered into by a sponsor before July 1, 1975."
12. It is understood and agreed that no part of the Federal share of an airport
development project for which a grant is made under the Airport and Airway
Development Act of 1970, as amended (49 U.S.C. 1701 at seq.), or under the
Federal Airport Act, as amended (49 U.S.C. 1101 et seq ), shall be included
in the rate base in establishing fees, rates, and charges for users of the
airport.
13. This project and all work performed thereunder is subject to the Clean Air
Act and the Federal Water Pollution Control Act. Accordingly,
a. The sponsor hereby stipulates that any facility to be utilized in per-
form= ce under the grant or to benefit from the grant is not listed on
the EPA List of Violating Facilities.
b. The sponsor agrees to comply with all the requirements of Section 114
of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act and all regulations issued thereunder.
a. The sponsor shall notify the FAA of the receipt of any communication
from the EPA indicating that a facility to be utilized for perfornanee
of or benefit from the grant is under consideration to be listed on the
EPA list of Violating Facilities.
d. The sponsor epees that he will include or cause to be included in any
contract or subcontract under the grant which exceeds $100,000 the criteria
and requirements in these subparagraphe a through d.
Page-6 (Rev. 8/11/76)
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Page 7 of 9 pages
14. 7he sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the airport tp the
Director, Dallas Regional Office of Minority Business Enterprise (OMBE),
1412 Main Street, Dallas, Texas 75202. the sponsor will disclose and
make information about the contracts, contracting procedures and require-
ments available to the designated OMBE representative and minority firms
on the as= basis that such information is disclosed and made available
to other organizations or firms. Responses by minority firms to invi-
tations for bids shall be treated in the same manaer as all other reponses
to the invitations for bids. Compliance with the foregoing will be deemed
to constitute compliance by the sponsor with requirements of 49 CF& 21
Appendiz C(a)(1)(z), Regulations of the Office of the Secretary of
Transportation.
15. The grantee agrees to effectuate the purposes of Section 30 of the Airport
and Airway Development Act of 1970, as amended, by assuring that minority
business enterprises shall have the mazimum opportunity to participate in
the performance of contracts ft..a„r..a in whole or in part with Federal
funds provided under this Agreement. For the purposes of this provision,
"Minority-Business Enterprise" mesas a business enterprise that is owned
by, or is controlled by, a socially or economically disadvantaged person
or persons. Such disadvantage may arise from cultural, racial, religious,
sex, national origin, chronic economic circumstances or background or other
similar cause. Such persons may include, but are not limited to, blacks
not of Hispanic origin; persons of Hispanic origin; Asians or Pacific
Islanders, American Inds=a; and Alaskan natives. Grantee further agrees
to comply with such regulations as may be issued by the Federal Aviation
Adm+"i=tration to implement Section 30 of the Act.
16 the area of land or water, or estate therein or rights in buildings
required by the Federal Government for the activities set forth in paragraph
27 of Part V of the Application for Federal Assistance shall be as set forth
In Special Condition 16 contained in the Grant Agreement for Project No
5-08-0023-02, which said condition is incorporated and made a part hereof
by reference.
- P IJ� w,� 1ny�yl4
Page ¢ of 9 pages
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 herem-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport Such Grant Agreement shall become effective upon the Sponsoi s
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Original signed by:
Robert me
By c , lEa$�aePau �t Aranch
(TITLE)
Part Il-Acceptance
The city of Fort Collins, Colorado does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof
Executed this day of , 1978
War Of F QQiF�• coxor8do
7T(N f �onso
By
(SEAL) Title ;Iayoz
Attest
Title City rJArk
CERTIFICATE OF SPONSORS ATTORNEY
CD/
acting as Attorney for the City of Fort Col4ne.
(herein referred to as the"Sponsor") do hereby certify
That I have examined the foregoing Grant Agreement and the proceedings taken by said
coSponsor relating thereto, and find that the Acceptance thereof by saiMponsor has been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of Colorado ,and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof CO/
Dated at this day of 1978
Title City Attorney
FAA FORM St" +a Fo 4110911 wWCo 0"row room 1632 ra a PAGE 4
9
• Page 4 of 9 pages
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 herein
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport Such Grant Agreement shall become effective updn the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By
(TITLE)
Part II-Acceptance
The City of Loveland, Colorado does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof
Executed this day of , 1978
"t9 Qf TovgJppd• SoXo;e$9
(Name of Sponsor)
Co/
BY
(SEAL)
Title Magor
Attest
Title Pity Clerk
CERTIFICATE OAFS PONSOR'S ATTORNEY
1, , acting as Attorney f14?e City of Loveland
(herein referred to as the ",Sp
mi onsor") do hereby certify
Co
That I have examined the/ foregoing Grant Agreement and the proceedings taken by said
CoSponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth-
orized and that the execution thereof is in all respects due and pro and in accordance with the
lawsofthe State of Co3vrado-- , and further-that;iri-my-oprnroa,-aard-Grant-
Agreement constitutes a legal and binding obligation of thSponsor in accordance with the terms
thereof
Dated at this day of 1970
Title City Attorney
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