Loading...
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 i be as follows: t 4 Page 1 of 8 pages iI DEPARTMENT OF TRANSPORTATION 1 - FEDERAL AVIATION ADMINISTRATION i 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 .1 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.) . I j . i j i I 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 i Page 2 of 8 pages . j I 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. i ' i . t , i . 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. i 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 - i a 3 of 8 pages. i 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 j 10/20/72 -,e 4 of 8 pages f 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. . i 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, 10/20/72 y 'age 5 of 8 pages 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. i 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. i 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. 10/20/72 I 1 Page 6 of 8pages 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 i 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. i 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. t . • Page 6 (Rev. 8/11/76) 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. 1 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. I j i ! a j 8 • Page 4C of 8 pages 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 i 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 - I 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. .. . . .. . . . . . .. I 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... ..... . . f Title ... ... .. ............. ......... .. ... . i FAA FORM 5100-13 PO 4t/0.711 SUPERSEDES FAA FORM 167E PO 4 PAGE 4 I . t t ADOPTED this day of April 1977, s for the City of Fort Collins, Colorado. 1 i 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. t By p/Lt` 2 _e� Title L4 City Clerk t .