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HomeMy WebLinkAboutUS DEPARTMENT OF TRANSPORTATION FAA - CONTRACT - CONTRACT - AIRPORT IMPROVEMENT PROGRAM PROJECT NO 308002320U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part 1 - Offer Date of Offer: August 1, 2006 Airport: Ft. Collins -Loveland Municipal Project Number: 3-08-0023-20 Contract Number: DOT-FA06NM-1067 DUNS Number: 804688901 To: City of Fort Collins and City of 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 December 5, 2005 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: Rehabilitate Parallel Taxiway 'A', Security Enhancements, all as more particularly described in the Project Application. FAA Form 5100-37 (7190) 1 06-06 CH2M HILL AMEND ;10.130C TOPOGRAPHIC SURVEYS (For Quality Assurance Surveying) Maximum Not to Exceed of..............................................................$16,019.00 GEOTECHNICAL INVESTIGATION (For Quality Assurance Materials Testing) Maximum Not to Exceed of..............................................................$82.283.00 Total Maximum Not to Exceed for Part B - Special Services ......$335,038.00 The Maximum Not to Exceed for Part B Special Services is based on the attached CH2M HILL labor rate proposal. Method of payment shall be as follows: For services rendered under PART B — SPECIAL SERVICES, the Sponsor agrees to make monthly payments based upon the work performed by the Engineer up to 100 percent. All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this day of 2006. SPONSOR: CITY OF LOVELAND, COLORADO M City Manager CITY OF FORT COLLINS, By Attest ENGINEER: CH2M HILL By _ City Manager U Cps.... PLO FORT SEAL Jonathan Spencer, PE - Project Delivery Leader AS ASSISTANT CITY ATT 2 ATTACHMENT A SCOPE OF SERVICES FOR CONSTRUCTION OBSERVATION FORT COLLINS — LOVELAND MUNICIPAL AIRPORT AIP PROJECT 3-08-0023-20 Schedule I: North Taxiway A Rehabilitation and Reconstruction and Construct Southern Run -Up Pad Schedule II: Commercial Apron Expansion Schedule III: Apron Floodlighting Modifications Schedule IV: South Taxiway A Rehabilitation Schedule V: Lighting Control System (Non -Federal) Schedule VI: Runway 15/33 Seal Coat and Pavement Marking (Non -Federal) This is an Appendix attached to, made a part of and incorporated by reference with the Agreement between CH2M HILL, Inc. and The Cities of Fort Collins and Loveland, dated 10-31-00, for professional services. For the remainder of this scope of services, Fort Collins - Loveland Municipal Airport is indicated as "Owner" and CH2M HILL, Inc. is indicated as "Consultant". 1.0 GENERAL Consultant shall provide Services during Construction (SDC) as defined below. The SDC are intended to assist the Owner to administer the contract for construction, monitor the performance of the construction Contractor, verify that the Contractors work is in general conformance with the contract documents, and assist the Owner in responding to events that occur during the construction. The SDC are based upon the understanding that the Owner will contract directly with the Contractor and will be actively involved in the construction process to make decisions, provide approvals, and perform other actions necessary for the completion of the construction. The SDC are also based upon the Owner executing a contract for construction with the Contractor that is consistent with the Consultant's Agreement and with this scope of work, and which provides the requisite authority for the Consultant to fulfill its SDC responsibilities. The included SDC is for all six construction schedules, as shown on the project drawings. The fee for the SDC requirements for schedule IV will be listed separately in the event schedule IV is not awarded. The fee for schedules I, II, I1I, V and VI are included in one fee, as the work included in these schedules are concurrent. The Consultant's SDC are based upon the schedule or duration of construction anticipated at the time that these services are agreed. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these SDC and the Consultant's compensation for the SDC, and will require an adjustment to the Consultant's compensation. The Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of the Contractor, nor shall the Consultant be responsible for the Contractor's failure to perform in accordance with the contract documents. 2.0 SERVICES PROVIDED DURING CONSTRUCTION The Consultant shall provide services to assist in coordinating the site activities, administering the contract for construction, monitoring the contractor's performance, responding to design and technical submittals, and closing out the contract for construction. FNL-TWA-CM SOW-FINALDOC 2.1 Project Management 2.1.1 Reporting: The Consultant shall keep the Owner advised of the progress of the construction. This includes submitting monthly progress reports and invoices to the Owner and regular conversations with the Owner. 2.2 Docurnent Management System and Procedures The Consultant shall establish a system and set of procedures for managing, tracking and storing all relevant documents between the Contractor, the Consultant and Owner produced during the Bid/Award, Construction and Closeout phases of the project. The Consultant shall utilize an appropriate computer based document management system selected by the Consultant. Should the Owner require a specific system, the Owner will advise the Consultant in advanceandwill compensate the Consultant for any additional costs incurred. The Consultant shall, in coordination with the Owner, maintain hard copy records, suitably organized, of all relevant documentation. The Consultant shall implement procedures for the logging and tracking of all relevant correspondence and documents. The Consultant shall assist the Owner in monitoring all outstanding decisions, approvals or responses required from the Owner. 2.3 Site Coordination 2.3.1 Construction Management Plan (CMP): The Consultant shall prepare a Construction Management Plan (CMP) using FAA accepted format. The CMP shall be submitted to the Denver ADO for approval a minimum of 10 working days before the start of construction. The CMP 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 and acceptance tests required by the contract specifications. 2.3.2 Project Sequencing Meeting: The Consultant .shall coordinate and conduct one project sequencing meeting with the Owner and Contractor to prepare key personnel for the upcoming construction project, discuss long lead items and prepare for pre -construction meeting. The Consultant shall take minutes or otherwise record the results of this meeting. The Consultant attendees will include the Construction Manager, Project Manager, and the Senior Engineer. 2.3.3 Pre -Construction Conference: The Consultant shall coordinate and conduct one pre - construction conference with the Owner, Contractor, Subcontractors, Airport users, and FAA to review the project communication, coordination and other procedures and discuss the Contractor's general workplan and requirements for the project. The Consultant shall take minutes or otherwise record the results of this conference. The Consultant attendees will include the Construction Manager, Project Manager, and the Senior Engineer. FNL-TWALM SOW-FINAL.DOC 2 08/03106 2.3.4 Mobilize On -Site: The Consultant shall mobilize one Construction Manager on site to provide site coordination, contract administration and to monitor the performance of the Contractor. The Construction Manager shall mobilize in a field office to be provided by the Contractor, in accordance with the terms of the contract for construction. Construction Manager shall mobilize to the site, which includes working 4 days prior to the start of construction for 8 hours per day. In addition, one Field LnSpector will mobilize to the site, which includes working 2 days prior to the start of construction for 8 hours per day to coordinate field inspection activities with the Construction Manager. 2.3.5 Communications: The Consultant shall implement and maintain regular communications with the Contractor during the construction. The Consultant shall receive and log all communications from the Contractor and shall coordinate the communications between the Owner and Contractor. The Consultant shall not communicate directly with the Contractor's subcontractors. 2.3.6 Weekly Progress Meetings: The Consultant shall conduct weekly progress meetings with the Contractor and shall prepare the minutes of these meetings. The Consultant will have the Construction Manager, and the Project Manager attend the weekly progress meetings. A total of 15 weekly progress meetings are expected if Schedules I, II, III, V and VI are awarded. An additional 2 weekly progress meetings are expected if Schedule IV is awarded. It is anticipated that the Project Manager will remain on site for additional construction supervision on the days of the weekly progress meeting. Therefore, the Project Manager's time for the Weekly progress meeting is estimated at 8 hours per weekly meeting. 2.3.7 Field Instructions and Orders: The Consultant shall issue field instructions, orders or similar documents during construction as provided in the contract for construction. 2.4 Construction Contract Administration 2.4.1 Permits, Bonds and Insurance: The Consultant shall verify that the required permits, bonds and insurance have been obtained and submitted by the Contractor. 2.4.2 Payments to Contractor: The Consultant shall receive and review the Contractor's requests for payment. The Consultant shall determine whether the amount requested reflects the progress of the Contractor's work and is in accordance with the contract for construction. The Consultant shall provide recommendations to the Owner as to the acceptability of the requests. The Consultant shall advise the Owner as to the status of the total amounts requested, paid, and remaining to be paid under the terms of the contract for construction. Recommendations by the Consultant to the Owner for payment shall be based upon the Consultant's knowledge, information and belief from its observations of the work on site and selected sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the Consultant to ascertain that the Contractor has completed the work in exact accordance with the contract for construction; that the Consultant has made an examination to ascertain how or for what purpose the Contractor has used the moneys paid; that title to any of he work, materials or equipment has passed to the Owner free and clear of liens, claims, security interests, or encumbrances. TWA -CM SOW-HNALDOC 0MV06 2.4.3 Correspondence and Communications: The Consultant shall coordinate all written communications among the Contractor, the Consultant and Owner during the construction for work inspected. The Consultant shall prepare written communications to the Contractor and provide recommendations to the Owner for written commtudcations between the Owner and Contractor. 2.5 Changes 2.5.1 Minor Variations in the Work: The Consultant may authorize minor variations in the work which do not involve an adjustment in the Contractor's contract price nor time for construction and are not inconsistent with the intent of the contract documents. 2.5.2 Coordinate Issuance of Changes: The Consultant shall assist the Owner with the issuance of changes to the contract for construction. Design and engineering services to prepare drawings, specifications and other information for the change shall be considered as Additional Services, and shall entitle the Consultant to additional compensation for the design services. The Consultant shall receive and review the Contractor's response to the request for change and shall obtain such further information as is necessary to evaluate the basis for the Contractor's proposal. The Consultant shall assist the Owner with negotiations of the proposal and, upon approval by the Owner, prepare final change order documents for execution by the Owner and Contractor. 2.5.3 Review of Contractor's Requested Changes: The Consultant shall review all Contractor - requested changes to the contract for construction. The Consultant shall make recommendations to the Owner regarding the acceptability of the Contractor's request and, upon approval of the Owner, assist the Owner in negotiations of the requested change. Upon agreement and approval, the Consultant shall prepare final change order documents. Design and engineering services of the Consultant to review Contractor initiated changes and to prepare drawings and specifications for issuance to the Contractor shall be considered as Additional Services, entitling the Consultant to additional compensation. 2.5.4 Change Order Reports: The Consultant shall provide periodic reports to the Owner about the status of Change Orders. The report shall include issued Change Orders, pending change orders, and change order amounts. 2.6 Interpretations of Contract Documents The Consultant shall provide written responses to the Contractor's request for interpretation or clarification of the contract documents. 2.7 Claims and Disputes The Consultant shall receive, log, and notify the Owner about all letters and notices from the Contractor concerning claims or disputes between the Contractor and Owner pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. The Consultant shall review all such letters and notices and shall discuss them with the Contractor as necessary to understand each such claim or dispute. The Consultant shall advise the Owner regarding the Contractor's compliance with FNL-TWA-CM SOW-FINALDOC 4 MON06 the contract requirements for such claims and disputes. The Consultant shall assist the Owner in discussions with the Contractor to resolve claims and disputes. The Consultant shall not issue decisions on Contractor claims or disputes. The Consultant shall not, except as part of Additional Services, undertake comprehensive and detailed investigation or analysis of Contractor's claims and disputes, nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. 2.8 Project Controls 2.8.1 Contractor's Schedule Submittal: The Consultant shall review the Contractor's construction schedule and verify that it is consistent with the requirements of the contract for construction. The -Consultant shall advise the Contractor of any areas where the schedule is not in compliance with the contract for construction. The Consultant shall provide comments to the Owner to assist the Owner in approving, accepting or taking other action on the contractors schedule, in accordance with the contract for construction. The Consultant's review and comments shall not be considered as a guarantee or confirmation that the Contractor will complete the work in accordance with the contract for construction. 2.8.2 Contractor's Schedule Updates: The Consultant shall review the Contractor's weekly schedule updates or other schedule submissions. The Consultant shall advise the Contractor if the updates or other submissions are not in accordance with the contract for construction. The Consultant shall provide comments to the Owner regarding the updates or other submissions. 2.8.3 Effect of Change Orders: The Consultant shall review information submitted by the Contractor regarding the effect of proposed or issued Change Orders upon the construction schedule, duration and completion date. The Consultant shall advise the Owner as to the potential impact of proposed or issued Change Orders. The Consultant shall assist the Owner in discussions with the Contractor concerning the potential impact of proposed or issued Change Orders. 2.8.4 Periodic Reports: The Consultant shall provide periodic reports to the Owner as to the status of the construction schedule, date of completion, contract price, retainage, pending changes to the contract price or completion date and other issues material to the cost and time for completion of the construction. 2.9 Field Inspection 2.9.1 Field Office: The Consultant shall staff a field office on the project site for purposes of providing one full-time Construction Manager for the duration of the Taxiway A project (Schedules I, III, V and VI plus Schedule IV if awarded), one full-time field inspector for the Apron project (Schedule II) and a night field inspector for the anticipated 15 night shifts of Phase 5 and 8 (Schedule I) to observe the work of the Contractor. FNL-TWA-CM SOW-FINAL.DOC 5 08/03/06 2.9.2 Independent Survey and Material Testing Services: The Consultant shall employ an independent survey firm to verify the quality of the Contractor's work and an independent material testing firm to conduct acceptance testing. The Consultant shall review the reports and other information prepared by the testing firms for conformance to the construction documents. The Consultant shall assist in coordinating their schedules and the tra-nsmi, tal of their reports, findinac or other information to the Contractor and/or the Owner. The Consultant shall not be responsible for the accuracy or completeness of the work and reports of the independent testing, and survey firms. 2.9.3 Review of Work: The Consultant shall conduct daily on -site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. The Consultant's Construction Manager and Field Inspectors shall prepare written weekly reports and daily diaries observations. The Consultant's Construction Manager and Field Inspectors shall photograph the work in progress by the Contractor at regular intervals. These photographs shall be made available to the Owner. The Consultant's observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. The Consultant does not guarantee the performance of the Contractor. The Consultant's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction, and The Consultant shall not assume liability in any respect for the construction of the project. The Consultant shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and shall monitor the Contractor's compliance with its plan. 2.9.4 Deficient and Non -conforming Work: Should The Consultant discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is otherwise defective, or not conforming to requirements of the contract or applicable rules and regulations, The Consultant shall bring this to the attention of the Contractor and the Owner. The Consultant shall thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. 2.9.5 The Consultant Team Visits: The Consultant shall coordinate visits to the site by the "Project Team", to include the Electrical Engineer, Senior Engineer and one Staff Engineer to review progress and quality of the work. The "Project Team" shall conduct four site visits at 4 hours per site visit. The visits shall observe the general quality of the work at the time of the visit and review any specific items of work that are brought to the attention of the "Project Team" members by the Contractor or the Owner. 2.9.6 Factory and Off -Site Tests and Inspections: The Consultant shall coordinate tests and inspections of work, materials and equipment for the project at off -site facilities and suppliers, as specified in the contract for construction. 2.97 Performance and Witness Testing: The Consultant shall attend and witness field and factory performance tests as specified in the contract for construction and The Consultant contract scope. PNL-TWA-CM SOW-FINALDOC 6 0&0906 2.9.8 Regulatory and Third Party Testing and Inspections: The Consultant shall monitor the Contractor's coordination of inspection and testing by regulatory and third party agencies that have jurisdiction over the project. 2.9.9 Subsurface and Phvsical Conditions: Whenever the Contractor notifies the Consultant of subsurface or physical conditions at the site which the contract for construction provides should be so notified, The Consultant shall advise the Owner and inspect the conditions at the site. The Consultant shall advise the Owner as to the appropriate action(s), and shall assist the Owner in responding to the Contractor. Engineering and technical services that are required to investigate the subsurface or physical conditions shall be considered an Additional Service. 2.10 Shop Drawings, Samples and Submittals 2.10.1 Submittal Schedule: The Consultant shall obtain from the Contractor a proposed shop drawing and submittal schedule, which shall identify all shop drawings, samples and submittals required by the contract for construction, along with the anticipated dates for submission. 2.10.2 Review of Shop Drawings, Samples and Submittals: The Consultant shall review the Contractor's shop drawings, samples, and other submittals. The Consultant shall log and track all shop drawings, samples and submittals. The Consultant's review of all shop drawings, samples and submittals shall be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. 2.10.3 Scope of Review: The Consultant's scope shall be based upon the scope of work in the contract for construction. Should there be additional reviews required of the Consultant, the Consultant shall be entitled to additional compensation. 2.11 Requests for Information (RFI) 2.11.1 Requests for Information: The Consultant shall review the Contractor's requests for information or clarification of the contract for construction. The Consultant shall coordinate such review with the Owner as appropriate. The Consultant shall coordinate and issue responses to the requests. The Consultant shall log and track the Contractor's RFIs. 2.11.2 Proposed Substitutions: The Consultant shall assist the Owner in reviewing and responding to the Contractor's requests for substitution of materials and equipment. The Consultant shall review such requests and shall advise the Owner as to the acceptability of such substitutions. 2.12 Safety 2.12.1 The Consultant shall manage the health, safety and environmental activities of its staff and the staff of its subcontractors to achieve compliance with applicable health and safety laws and regulations. FNL-TWA-CM SOW -FINAL DOC 7 08/03/06 2.12.2 The Consultant shall coordinate its health, safety and environmental program with the responsibilities for health, safety and environmental compliance specified in the contract for construction. The Consultant shall coordinate with responsible parties to correct conditions that do not meet applicable federal, state and local occupational safety and health laws and regulations, when such conditions expose the Consultant staff, or staff of the Consultant subcontractors, to unsafe conditions. 2.12.3 The Consultant shall notify affected personnel of any site conditions posing an imminent danger to them, which the Consultant observes. 2.12.4 The Consultant is not responsible for health or safety precautions of construction workers. The Consultant is not responsible for the Contractor's compliance with the health and safety requirements in the contract for construction, or with federal, state, and local occupational safety and health laws and regulations. 3.0 SERVICES DURING THE CLOSE-OUT PHASE The Consultant shall assist the Owner in closing out the contract for construction and commencement of the Owner's use of the completed work. The Consultant's services shall include the following. 3.1 Substantial Completion 3.1.1 The Consultant shall assist the Owner in issuing documents for substantial completion and acceptance of the work. The Consultant shall advise the Owner on payment, and partial release of retention. Included with the Substantial Completion shall be an inspection to be attended by the Project Manager, the Electrical Engineer and Construction Manager. 3.2 Final Completion 3.2.1 The Consultant shall assist the Owner in issuing documents for final completion and acceptance of the work. The Consultant shall advise the Owner on final payment, release of retention, and release of insurance and bonds. Included with the Final Completion shall be an inspection to be attended by the FAA, the Project Manager and Construction Manager. 3.3 Close-out File and Records 3.3.1 The Consultant shall provide to the Owner an organized set of project documents and records. The Consultant shall also submit three copies of the FAA Final Construction Report to the Owner. 4.0 POST -CONSTRUCTION PHASE SERVICES 4.1 As -Built Drawings The Consultant shall revise the original design drawings to reflect available record information provided by the Contractor and equipment suppliers for the Final Record Drawings. One full-size set of drawings, two half size drawings and one CD containing the electronic set of drawings shall be provided to the Owner. One half-size set of drawings and one CD containing the electronic set of drawings shall be provided to the FAA. 4.2 Warranty Period Services FNL-TWA-CM SOW-FINALDOC 8 003/06 The Consultant shall provide the following warranty performance review services dieing the one-year warranty period to assist the Owner in coordinating corrections of deficient equipment or constriction: 4.2.1 Participate in an end -of -warranty period inspection one month prior to completion of the warranty period and provide a letter identifying any deficiencies found and recommended actions. This inspection shall be attended by the Senior Project Manager, Design Manager and Construction Manager. 4.2.2 Provide one onsite observation to verify correction of the deficiencies, if any, by the Construction Manager. 5.0 ADDITIONAL SERVICES 5.1 Services Provided The following additional services shall be provided by the Consultant upon authorization of the Owner and agreement on compensation to the Consultant. 5.1.1 Services necessary due to the default of the Contractor. 5.1.2 Services related to warranty claims, enforcement and inspection. 5.1.3 Services for the investigation and analysis of contractor claims; preparation of reports on contractor claims; provision of professional claims analysis services; participation in litigation or alternative dispute resolution of claims. 5.1.4 Preparation for and serving as a witness in connection with any public or private hearing or other forum related to the project. 5.1.5 Services supporting the Owner in public relations activities. 5.1.6 Value engineering or similar value analysis studies. 5.1.7 Services for review and/or preparation of Owner or Contractor proposed changes to the project. 5.1.8 Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the Owner. 6.0 SCOPE OF WORK AND COMPENSATION MASTER LIST OF ASSUMPTIONS The following assumptions were used when determining the compensation to the Consultant. These assumptions are in addition to the scope and additional services set forth in the foregoing scope of work. 6.1 Services During the Construction Phase 6.1.1 The included SDC is for construction Schedules I through VI. If Schedule IV is not awarded, the fee for Schedule IV will not be awarded and the hours will not be charged. Schedules of work are defined on the project drawings. 6.1.2 The construction period will last 103-calendar days for Schedules I, III, V and Vt. Schedule II will require a separate field inspector and will last 40-calendar days. Schedule IV, if awarded, will last 14-calendar days. The project is anticipated to begin construction in Mav or June of 2006. Phases I, II and III will be completed by mid -July 2006. Phase IV will occur between 30 and 45 days after the completion of Phase III. 6.1.3 The project will be constricted under one general contract for construction. FNL-TWA-CM SOW-FINALOOC 9 08/03/06 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 The maximum obligation of the United States payable under this offer shall be $4,627,500. 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 $4,627,500 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 August 16, 2006, 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 5100-37 (7190) 2 6.1.4 The Contractor will provide a field office structure and furniture for the Consultant staff. Monthly utility, telephone and cleaning charges will be paid by the Contractor. 6.1.5 The Consultant shall arrange and conduct one sequencing meeting with the Owner and Contractor in the Owner's office or at the project site. 6.1.6 The Consultant -shall arrange and conduct one pre-consmeeting ing with ule Owner, Contractor, FAA, and other interested parties in the Owner's office or at the project site. 6.1.7 Weekly construction progress meetings shall be conducted by the Consultant at the project site. The Consultant shall have 2 person(s) attend each meeting. 6.1.8 The Consultant shall provide one Construction Manager for a period of 103 calendar days for Schedules I, III, V and VI. The Consultant shall provide one Field Inspector for a period of 40 calendar days for Schedule II (Apron). One additional, night Field Inspector will be required for 15 calendar days during Schedule I work. If Schedule IV is awarded, the Consultant shall provide the Construction Manager fora period of 14 additional calendar days. An electrical engineer shall also be provided for 4 working days of inspection at 4 hours per day and the substantial completion inspection under Schedule I. The amount of hours for the Project Manager is estimated at 8 hours a week for 16 weeks for the weekly progress meetings (plus 2 additional weekly progress meetings if Schedule IV is awarded), plus substantial completion and final completion inspections. Additional hours are required for the Project Manager for the sequencing meeting, the pre -construction conference, preparing the CMP, submittal reviews and BFI's. The total amount of hours for the Project Manager is estimated at 12 hours a week for 17 weeks for Schedules I, II, III, V and VI, with 24 additional hours required if Schedule IV is awarded. The amount of field personnel hours for the Construction Manager was estimated at 15 weeks times 6 days a week at 10.5 hours per day plus 4 days at 8 hours per day for mobilization and 5 days at 8 hours a day for project closeout. The amount of field personnel hours for the Field Inspector during Schedule II (Apron) is estimated at 6 weeks at 5 days per week at 10.5 hours per day plus 11 hours for mobilization and project closeout. In addition, a night Field Inspector will be required for night work of Schedule I at an estimated 15 days at 8 hours per night. Additional non -field hours will be required for the Senior Engineer, Electrical Engineer and Staff Engineer for Contractor correspondence, BFI's, submittal review, RFQ's, and project closeout. 6.1.9 It is anticipated that no more than 30 original submittals and 15 re -submittals will be reviewed. This includes shop drawings, material submittals and samples. 6.1.10 Up to 1 construction schedule and 5 updates will be reviewed. 6.1.11 Up to 15 Requests for Interpretation/ Clarification will be reviewed and responded to. 6.1.12 Up to 5 Change Orders will be prepared. 6.1.13 Up to 4 periodic field inspection trips of 4 hours each will be made by the "Project Team". 6.1.14 The Consultant shall conduct one final inspection lasting 1 day including travel time, to be attended by the Senior Engineer, the Construction Manager, the Field Inspector and the Design Manager. 6.1.15 The Consultant shall review 4 monthly pay requests from the Contractor. 6.1.16 The Consultant shall provide surveying to verify the quality of the Contractor -3 work. FNL-TWA-CM SOW-FINALDOC '0 �)6/03/06 6.1.17 The Consultant shall provide geotechnical and material testing for acceptance testing. 6.1.18 The Consultant shall provide one rental vehicle for 110 days for the Construction Manager as part of the work. The rental vehicle will be a 4-wheel drive pickup truck or 4-wheel drive sport utility vehicle, whichever rate is cheaper. If Schedule IV is awarded, the Consultant shall provide one rental vehicle for 14 additional days for the Construction Manager. 6.1.19 The Consultant shall provide hotel and per diem expenses for the Construction Manager at a rate not to exceed $125 per calendar day for a total of 110 calendar days. If Schedule IV is awarded, the Consultant shall provide for 14 additional hotel and per diem expense days for the Construction Manager. The Construction Manager, if from the Denver metro area, may elect to drive from home to the site each day. In this case, the Construction Manager will be paid for auto mileage to and from the site and per -diem with a total not to exceed $125 per calendar day. 6.1.20 The Consultant will provide for vehicle mileage for the Field Inspector and Design Manager to make day trips from Denver, Colorado to the Loveland — Fort Collins Airport. The Field Inspector trips are based on 110 miles round trip for 40 total trips. The Design Manager trips are based on 160 miles round trip for the 19 trips (15 weekly progress meetings plus sequencing meeting, pre -construction conference, substantial completion and final inspection). If Schedule IV is awarded, two additional weekly progress meeting trips will be required of the Design Manager. 6.2 Services During the Post -Construction Phase 6.2.1 The Consultant shall prepare record drawings based on mark-ups from the Contractor. One full-size set of drawings, two half size sets of drawings, and one CD containing the electronic set of drawings will be provided to the Owner. One half-size set of drawings and one CD containing the electronic set of drawings will be provided to the FAA. 6.2.2 The Consultant shall conduct one warranty inspection lasting 1 day including travel time within one year of facility startup, to be attended by the Senior Engineer, the Construction Manager and the Design Manager. The Consultant shall prepare a report summarizing the findings. 6.2.3 The Consultant shall conduct one additional inspection to verify items discovered during the warranty inspection, if any, have been completed. This review will last 1 day, including travel time, within one month of the warranty inspection to be attended by the Construction Manager. The Consultant shall prepare a report summarizing the findings. 6.3 Owner Provided Services 6.3.1 Owner will provide to the Consultant all data in Owner's possession relating to the Consultant's services on the Project. The Consultant shall reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the Owner. 6.3.2 Owner will make its facilities accessible to the Consultant as required for the Consultant's performance of its services. 6.3.3 Owner will give prompt notice to the Consultant whenever Owner observes or becomes aware of any development that affects the scope or timing of the Consultant's services, or of anv defect in the work of The Consultant or the Contractor. FNL-TWA-CM SOW-FINALLOC ill 06l03/06 6.3.4 The Owner will examine information submitted by the Consultant and render in writing or otherwise provide decisions in a timely manner. 6.35 The Owner will furnish required information and approvals in a timely manner. 6.3.6 The Owner will cause all agreements with the Contractor to be consistent with The Consultant's Agreement. FNL-TWA-CM SOW-FINALQOC 12 08(OT06 6 G ATTALd/1e^f­r 3 COSTPROPOSAL FORT COLLINS - LOVELAND MUNICIPAL AIRPORT _ AIP 3-08-0023-20 Schedule I: North Taxiway A Rehabilitation and Reconstruction and Construct Southern Run -Up Pad, Schedule II: Commercial Apron Expansion Schedule III: Apron Floodlighting Modifications, Schedule IV: South Taxiway A Rehabilitation, Schedule V: Lighting Control System (Non -Federal), Schedule VI: Runway 15/33 Seal Coat and Pavement Marking (Non -Federal) Summary irarWPa' $priY NrcuY kNepetlsY kPMpn�wtl Savcaz Dul[1y Cwrslr Inn-ScOWIWaI, II, III,Vu,O VI ___ - — lrhu 52116W - —-- E g)06 Pen ¢1,350 Suvlcu bl 628]_956 5235p8B 62]B,)38 ulesea Services OAS y Stl,WWe. 1. II III V aM VI 51fi 018 816,OIB _-_-, 516019 s OA Mafia V Testy SeOOUWea l ll. N. V a,W VI Oulah,- __ $B2.2B3 _ _ _ _ 82 283 _ __510,019 2I83 $92213 Schedules Tolelc- SCFetlula[ 1, 9, III, V end VI $311,eW $103009 $351,659 $33 "I $335,030 235469 232006 119202 119652 119202 119852 Task No. Services During Construction - Schedules I, 11, Ill, V and VI °'" '�' - e ' e a„ Y,i1[ 2 1.1 Roponng Ibex $1)0 W $ 23.W $IM W $1}3 W SW.W $90.W SW W 5]3 W 593 W 5T3 22 Uoc Iw amia,'oh- 5yslom - ._. _ ... 4 _ 2 —.1G 2 - 23 1 noel Plan '" on I,1S _. 1B 4 B __:-. - - -'-4 _.�_ --'--ram- _;_..-_-__ _ ..___, 233 __ Ploj Isul,. c LGnc.g _ __. 4 $IS70 61.6]0 23.4 Plo-Ca.On.Sron Conlarmc0 .nia.g 23a 01 D 51250 -�_.- 2 :12 _.--_ - �__. .__ __.__ _ - 16 ___ .-... 285 cumm awns - ficn _ - W Sn BW 206 . ookly Plog ss lAOOlilgs - -. ..... 53.2tlu -_ _�__._ __ 2])v,Yl In l(Iklpna an00,tlerx ... - - - "' / - 44 8 ___ _ _.__ ,la lO riOr,llaC101 -- "- -- "- - - B 5�3BB Z5 coil J.. _- _._. han .. 4e ... fl[W �.—� 4 ._.__._ �—B __.__ C"_ --( 8 —.--_. �_. �_-� _. __— I6 lfi I2 _...- zi- .. __ Iwl Blllq,l OlcWBacI DOCmWnls _ _ _.. fa 6W 27 Gams anOD _ _ __. _ isPulox _. ... _—..— 24 f1.640 4 ._ a _ IS ..._ ..._ - .____ — ..-___ ..- _ - ..".B Plojoa:l GOOIIINs - - l9 210 ioW a[IrOCI,a -_. Shall D,awn,S - I J ar,seh and Sul .. 1314 _ 72 .___! . __. -_B40 __18 _ 310 _ 120 i6 ...__ 4 51.5W $13'2.300 [.II R¢111w111MIo1mTIWn 4e 50____ 4 e 1fi _ _ -- I$-.--__ 4 55420� .11 SWn lyl Gom1e01kYr 12 __1,0 1 ...._. Ifi _9. ._.._ 16 _ __... . 3. Foal Gamf191nn - ..- - --. _ 24 e B _..._� e _ _.___ 4 _ ._._.... ...._.. - __. 51420� 33 ... -"_ ...- ___ Cbsuoul Fa0aml fls�:orOn ..._ - __ 26 2 2 : 331 MFnm Polarl .—..__.__.._.—__.______.,._._.__...__.-_ _.-..__ 52,7401 - ...._.. •' Wv, P USOneu EeLLlaloU TOW $aW! 2fi a f0 a 32 -8. — - 53 Otl01 -. . ::.':. .. oils, lo,..,h,n (FW B,ae Drawix3a N,arlsarol) X0 ,k..�i.t-. 88 ',.+ors NM ...>.�,=.1078 ,.- •..: AI'? «,,.eZfi-h ,;,k-I20 �:.=.,t.IW ':;. A4 .•. a 534W ant F,O jn1 (numl or el lvroe peckagos 60',I) - -- y� -- 10 - """ - - - - - - - ---- - .. -_.. .... E405 [ A..PailM ." AuIO MiOM M105) _ )260 "- - - f150.W LSos Enmelal TOW Ek eOsos To1o1 Sarvkec 0u109 C n[lauellon icl,etlulee 1, ll, ll(V an0 V1 a, 1,12000 Ill W.00 $112,eB000 $5,50.00 M.340.00 3 )B6) Sla.." 00 32,000.00 $],]W.00 $>f000 52,]00.00 Sa,)B5.]0 5315,]B3.) Fask No. Outside Services - Schedules I, II, III, V and VI 9111 S "ng SmVsas Owflfi_`190D ___ a OOcM1 al5 rvc ... -- .. - ... _ ... ._...._- _ _ 22B3W - $Ifi 0190 - � � ._.. f822630 a 119 T Ikjl f1011la F tl �. — __—� --_ 1 u lio'd/Po D-e/ No val'GM A_IO MI -'-13) $6 fiW 0 a $1,0000 nary - Schedule IV _;... _.-_Dumy 1$_IV W iWS= o%as-scehWui.ry IBll4ee An�oSaYe Schedules IV 5 9 P.1 .9 Phil—, 01 a.I W oaar]eoe A 0 L D F F O M I J N L M N O 2 COST PROPOSAL _ FORT COLLINS - LOVELAND MUNICIPAL AIRPORT AIP 3-08-0023-20 _ Schedule l: North Taxiway A Rehabilitation and Reconstruction and Construct Southern Run -Up Pad, Schedule It: Commercial Apron Expansion _ Schedule III: Apron Floodlighting Modifications, Schedule IV: South Taxiway A Rehabilitation, Schedule V: Lighting Control System (Non -Federal), Schedule VI: Runway 15/33 Seal Coat Pavement 1 nut LeOor and Marking (Non -Federal) 10 51420o.a0 ° Task No.LA ices During Construction - Schedule IV 'L"° itl d �+ m,. ei Jb y Pwglacc MOBlnyc w+a $170W Slum 51mmn 51ssm se6.m smm smm srsm sesm srsm e5 2.3] s11ue16ncnn00,do,e __24 _.-._.. __..__._-_I9 ... 8 ... _____ ___. __ _. ..:. .__. ... _. 4 $2640W N 242 isw coneaclor -- - .._ _. .... --4 _ _._ _—_ _.. ..__... .._..... s4zDW 24 y,uclsm ......d ::� _2 2 118 $1.2WW sls lo, lnlo,maln �_-�__— ___ Si2.In0W ] J1 al Ryan ._ _._.. _ __4 ....___ 5]00W Deawns < __........__..__� _.__._.. .!..___—.._..... _ _ 4lWTOWLebor.+.e..ex=0 Sn±OW ie MNsI �4 .2 2 lmT WE 0A $14240 SiIL2_]ervlcee Our ny Conevuellon-SCM1edule IV 9) SO.W 53,000.00 $14,240.00 W.00 $OW 30.W $360.0 53W.W 312000 315000 5142.40 $14.432.40 Task No. Outside Services - Schedule IV 96 41.I7 um ServiceF __rn3___ __ _-._. '3120$DD _ GI 511! aSBrvCBs - ___ __ _.... i93W �y $5W _.—__ __._.. _ ..._._ ___Ll .. M ste ....--. ____ k TnJc$Ranlal $9 $B.69]00 .58i0W Iv Renal Fuel 6 le HGIkoW Hold eexl PBl Dirn __ $IW00 1150W l6,Total DW4Me Semleea- Schedule IV 1250W $u 2ee.W Popexd] 1"q�+w ly oliulu OV4YiM4 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 June 15, 2005, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. 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. 11. 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. 12. 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 C-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 outlined below: PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (1) location of all runways, taxiways, and aprons; FAA Form 5100-37 (7/90) 3 (2) dimensions; (3) type of pavement, and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. b. Inspection Schedule. (1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location, (3) distress types, and (4) maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 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(7/90) 4 (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 that 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. 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. 15. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; FAA Form 5100-37 (7190) 5 c. may be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. FAA Form 5100-37 (7190) 6 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 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 Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manage enver Airforts, Oistridt 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 tocomplywith all of the terms and conditions in this Offer and in the Project Application. n Executed this day of 2006. , {' CITY OF FORT COLLINS, Sponsor's Designated Official Representative Title: 4,(N cu' Certificate of Sponsor's Attorney e J 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. nn _rH Dated at F"i (l�8� n Ct7- this � day of huCpT, 2006, Signature of Sponsor's Attorney FAA Form 5100-37 (7/90) 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 ail of the terms and conditions in this Offer and in the Project Application. Exei'" G day of , 2006. CITY OF LOVELAND, COLORADO (SEAL) Sponsor's Designated Official Representative Title: �!flfflttl\\ 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 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. 11 t� Dated at ` u��� �� n this _ day of 2006 Signature of Sponsor's Attorney FAA Form 5100-37 (7190) 8 06-06 CH2M HILL AMEND #10MC Amendment No. Ten to Contract t1 Dated October 31, 2000 Between ` CH2M HILL, INC. COP J and The Cities of Fort Collins and Loveland The Cities and the Engineer agree to amend their contract for improvements to Fort Collins - Loveland Municipal Airport, Loveland, to include fees for engineering services. The improvement items are included in the Scope of Work of the original contract. The items covered by this amendment are as described on the attached: SCOPE OF SERVICES FOR CONSTRUCTION OBSERVATION FORT COLLINS - LOVELAND MUNICIPAL AIRPORT AIP PROJECT 3-08-0023-20 Schedule I: North Taxiway A Rehabilitation and Reconstruction and Construct Southern Run -Up Pad Schedule II: Commercial Apron Expansion Schedule III: Apron Floodlighting Modifications Schedule IV: South Taxiway A Rehabilitation (Not Awarded) Schedule V: Lighting Control System (Non -Federal) Schedule VI: Runway 15/33 Seal Coat and PnvaTM it Marking (Non -Federal) The Scope of Services and Cost Pr hereto as Attachments A and B re: bid by the Contractor under Schec Observation described in the attac not included. The Cities agree to p these additional improvements in PART B - SPECIAL SERVICES (CONSTI The maximum estimated SPEC i FIELD ENGINEERING ment No. Ten are attached rated herein by reference. Work .rded and the Construction related to Schedule IV work is engineering services related to IN) Bring is as follows: The Engineer shall be reimbursed on a Fixed Unit Rate Basis. The Engineer's costs shall be determined on the basis of time (i.e., the number of hours worked), multiplied by the Engineer's standard hourly rates for each applicable employee classification, which includes overhead, general administrative costs, and profit. Overhead costs are based on the most recent audit on the Engineer's records. The Engineer shall also be reimbursed for any direct expenses incurred as a result of his or her duties, including but not limited to lodging, auto mileage, meals, communication charges and computer charges. The estimated maximum for FIELD ENGINEERING is: Maximum Not to Exceed Item No. 1..............................................$236,736.00