HomeMy WebLinkAbout1977-028-04/26/1977-AUTHORIZING THE ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF TH RESOLUTION NO.
RESOLUTION 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
Co-sponsor with the City of Loveland, Colorado, accept the Grant Offer
from the Federal Aviation Administration dated April 26 , 1977,
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 Mayor 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. That the Grant Offer hereinabove referred to shall
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be as follows:
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iI DEPARTMENT OF TRANSPORTATION
1 - FEDERAL AVIATION ADMINISTRATION
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GRANT AGREEMENT
Part 1-Offer
! Date of Offer April 26, 1977
Fort Collins-Loveland Municipal Airport
1 Project No. 5708-0023-03
Contract No. DOT-FA77RM-0039
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TO: Cities of Fort Collins and Loveland, Colorado
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated
March 10, 1977, , for a grant of Federal funds for a project for develop-
ment of the Fort Collins-Loveland Municipal Airport(herein called
the "Airport"), together with plans and specifications for such project, 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 development of the Airport (herein called the
"Project") consisting of the following-described airport development:
Expand aircraft parking apron (approx. 10,000 s.y.) .
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all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM S166.13 PO. 1 100•711 SUPERSEDES FAA FORM 1632 PG. 1 _ PAGE i
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1 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 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 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.
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1 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
$3.40,654.00
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 obligations of the
United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay'and in accordance with the
I' 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.
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1 3. The allowable costs of the project shall not include any costs determined.by the FAA to
be ineligible for consideration as to ailowability under Section 152.47 (b) of the Regula-
tions.
4..Payment of the United States share of the allowable project costs 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 allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided,
that; in the event a semi-final grant payment is made pursuant to Section.152.71 of the
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
PAVE_
:FAA FORM 5100-I3 PG. t t7-773 i SUPERSEDES PREVIOUS EDITION -
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I s. 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 Assurance 4 in Part III of said Project
Application, that in its operation and the operation of all facilities
i thereof, neither it nor any person or organization occupying 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 on 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 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
y accepted by the Sponsor on or before April 30, 1977, or such subsequent
date as may be prescribed in writing by the FAA.
8. The Sponsor hereby agrees that it will incorporate or cause 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 credit of the
Federal Government pursuant to a grant', contract, loan, insurance, or
guarantee, or undertaken pursuant 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 during employment without regard to their race, color, sex,
or national origin. Such actions shall include, but not be
limited to the following: Employment, 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. The 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 union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
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the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post
j copies of the notice in conspicuous places available to employees
i and applicants for employment. .
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d. The contractor will comply with all provisions of Executive Order
f 11246 of September 24, 1965, and of the rules, regulations, and
i relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required r
by Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
1 thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such
1 rules, regulations and orders.
i f. In the event of the contractor's noncompliance with the non-
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
i may be declared ineligible for further government contracts of
federally assisted construction contracts in -_::cordance with
j procedures authorized in Executive Order 112_0 of September 24,
1965, and such other sanctions may be imposed and remedies
invoked as provided incecutive 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 subcontract or purchase order unless exempted by rules,
regulaticns, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to
j any subcontract or purchase order as the administering agency may
j direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the
event 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 such litigation to protect the
i interests of the United 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,
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the above Equal Opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not
jparticipate in work on or under the contract.
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The Sponsor agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the Equal Opportunity clause and
1 the rules, regulations, and relevant orders of the Secretary of Labor
that it will furnish the administering agency with the Secretary of
Labor such information as they may require for. the supervision of such
? compliance, and that it will otherwise assist the administering agency
i in the discharge of, the agency's primary responsibility for securing
compliance.
I '. 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
1 such sanctions and penalties for violation of the Equal Opportunity
clause as may be imposed upon contractors and subcontractors by the
! administering agency or the Secreta
ry 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 any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to
the Sponsor under the program with respect to which the failure or
refund occurred until satisfactory 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
i permanent-type structures, other than 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 "clear zone" or any portions thereof, concerning which the
! Sponsor has acquired a fee interest with federal financial assistance,
j irrespective of whether such structures constitute an obstruction to
air navigation.
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I 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
I 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 any
existing structure or any natural growth which constitutes an obstruction
to air navigation with the standards established by Section 77.21 as applied
1 to Section 77.25, Part 77, 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 necessary to prevent
creation of obstructions within said standards.
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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 classifications 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 et 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
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Act and the Federal Water Pollution Control Act. . Accordingly,
a. The sponsor hereby stipulates that any facility to be utilized in per-
formance 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.,
i o. The sponsor shall notify the FAA of the receipt of any communication
from the EPA indicating that a facility to be utilized for performance
of or benefit from the grant is under consideration to be listed on the
EPA list of Violating Facilities.
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d. The sponsor agrees 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 subparagraphs a through d.
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Page 7 of 8 Pages
14. The sponsor will send a copy of all invitations for bids, advertised
or negotiated, for concessions or other businesses at the airport to
the Director, Dallas Regional Office of Minority Business Enterprise
(OMBE), 1412 Main Street, Dallas, Texas 75202. The sponsor will dis-
close and make information about the contracts, contracting procedures
and requirements available to the designated OMBE representative and
j minority firms on the same basis that such information is disclosed
j and made available to other organizations or firms. Responses by
minority firms to invitations for bids shall be treated in the same
manner as all other responses to the invitations for bids. Compliance
with the foregoing will be deemed to constitute compliance by the
I sponsor with requirements of 49 CFR 21 Appendix C(a)(1)(x), 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 maximum opportunity to
participate in the performance of contracts financed in whole or in part
with federL1 funds provided under this Agreement. , For the purposes of
this provisiion, "Minority Business Enterprise" means a business enter-
prise 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
j limited to, blacks not of hispancis origin; persons of hispanic origin;
Asians or Pacific Islanders; American Indians, and Alaskan natives.
Grantee further agrees to comply with such regulations as may be issued
by the Federal Aviation Administration to implement Section 30 of the
Act.
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16. The areas of land or water, or estate therein or rights in buildings
required by the Federal Government for the activities set forth in
i 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.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
i -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 upon 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
FEDEJRAL AVIATION Al2MINISTRATION
' By Chief, Denver Airports District Office
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Part II-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
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by such acceptance agrees to all of the terms and conditions thereof.
i Executed this... ........ .. ......... day of..... . . . ..April. .:. . . ... .. .. . . . 19.77
City.of. Fort.Collins,. . . .. Colorado
. .... . .. .. .. . . . . . . ... .. . . .. .. .
(Nam�fSponsor)
By ......... ........ ..... ......:............. .
(SEAL)
Title .... ...........k*Y.?3'....... .. ... ...... .....
Attest: .. . .. ..... ... ... .. ....... .. . . .... .
Title:. . . .. .. . ...City Clerk. .. . . .. . . . . . ..
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CERTIFICATE COF/SPONSOR'S ATTORNEY
1„ • „ • . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . acting as Attorney for the ,City. of. Fori -Col�ins,. .CO. ,
(herein referred to as the "Sponsor") do hereby certify:
Co—/
That I have examined the foregoing Grant Agreement and the/proceedings taken by said
Co—Sponsor 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 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 of8lte Sponsor in accordance with the terms
? thereof. °
Dated at . .. .......... .. . ....... .. .. ...this. . ... ... .. day of. .. . ... .... Aprii... ..... . .
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Title ... ... .. ............. ......... .. ... .
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FAA FORM 5100-13 PO 4t/0.711 SUPERSEDES FAA FORM 167E PO 4 PAGE 4
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ADOPTED this day of April 1977,
s for the City of Fort Collins, Colorado.
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By
Title Mayor
(SEAL)
ATTEST:
�E'LFI�J
iT—
Title City Clerk
CERTIFICATE OF CITY CLERK
the duly qualified and acting
City Clerk of the City of Fort Collins, Colorado, do hereby certify
that the foregoing Resolution was duly adopted at a (re ,r)
(special) meet ng of the Fort Collins, Colorado, City Council held
' on the Z16' day of April 1977, and that said
Resolution has been compared by me with the original thereof on
file in my office and is a true copy of the whole of said original.
IN WITNESS WHEREOF, I have hereunto set my and and the Seal of the
City of Fort Collins, 'Colorado, this zbT day of April_, 1977.
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By p/Lt` 2 _e�
Title L4 City Clerk
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