HomeMy WebLinkAbout20072152.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR STORMWATER DETENTION FACILITY DESIGN
AND CONSTRUCTION AT GREELEY-WELD COUNTY AIRPORT AND AUTHORIZE
CHAIR TO SIGN - FEDERAL AVIATION ADMINISTRATION (FAA)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant Agreement for Stormwater
Detention Facility Design and Construction at the Greeley-Weld County Airport between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Greeley-Weld County Airport Authority, and the Federal Aviation Administration
(FAA), commencing upon full execution, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Grant Agreement for Stormwater Detention Facility Design and
Construction at the Greeley-Weld County Airport between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the
Greeley-Weld County Airport Authority, and the Federal Aviation Administration (FAA) be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 30th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WE OUNTY, COLORADO
A +ter (�'
ATTEST: iat,) h � ��� Gm
'� •avid E. Long, Chair
Weld County Clerk to the B ' d
r 1361
°•��•`' �4lliam . J k -Tem
BY:
Deputy Cler to the Boar.
WillWa&
AP OVED AS T
Robert D. Masden
County Attorney
Dougla ademache
Date of signature:
2007-2152
AP0024
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer:
Airport: Greeley-Weld County Airport
Project Number: 3-08-0028-18
Contract Number:
DUNS: 165002726
To: City of Greeley and County of Weld, Colorado and the Greeley-Weld County Airport Authority
(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 March 27, 2007 for a grant of Federal funds
for a project at or associated with the Greeley-Weld County 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:
Improve airport drainage,
all as more particularly described in the Project Application.
FAA Form 5100-37(7/90) 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION
ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES
to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95.00 per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Conditions
1. The maximum obligation of the United States payable under this offer shall be$150,000. 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
$150,000 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 20th, 2007, 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
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.
FAA Form 5100-37(7/90) 2
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. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere
to this provision may cause the letter of credit to be revoked.
12. 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.
13. 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.
14. 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;
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(7/90) 3
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 ,Denverorts Di trict Office
Part H - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this day of ,2007.
CITY OF GREELEY,COLORADO
(SEAL) Sponsor's Designated Official Representative
Attest: Title:
•
Title:
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.
Dated at this day of ,2007.
Signature of Sponsor's Attorney
FAA Form 5100-37(7/90) 5
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
Manager, Denver Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,representations,warranties, covenants,and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this day of n t,ty.+„2007.
CITY OF GREELEY,COLORADO
(SEAL) A Sponsor's Designated Official Representative
Attest: �@ ,„�I� Title: in
Title: Ca' lnxf 1A11Q J
Certificate of Sponsor's Attorney
I, T.�.q ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof
Dated at AAOo keus.4 this k Lit""day of_ to .atAt{ ,2007.
u0 A _
Signature S o or's Attorney
FAA Form 5100-37(7/90) 5
The Sponsor does hereby ratify and adopt all assurances,statements,representations,warranties,covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this 30th day of July ,2007.
COUNTY OF WELD,COLORADO
cst
tit
`3toSponsor's Designated Official Rep s tative
•., /� � �t�/�� ,r� Title: David E. Long, Chair
(1.4 7/30/2007
Certificate of Sponsor's Attorney
I, Bruce T. Barker ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at Weld County, CO this 30th day of July ,2007.
Si e o Spons ttorney
(Clerk's note: This page was replaced by following signature page because it needed to be
dated as of August 15, 2007)
FAA Form 5100.37(7/90) 6
0700 7-o'/5
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this 15th day of August , 2007.
COUNTY OF WELD,COLORADO
1851a a/a�1 Sponsor's Designated Official R resentative
tt° 0�*' w�/ David E. Long. Chair
`®
e erk to the Board
Certificate of Sponsor's Attorney
I, Bruce T. Barker , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at Weld County, CO this 15thday of August ,2007.
S' ature of Sponsor's Attorney
FAA Form 5100-37(7/90) 6
The Sponsor does hereby ratify and adopt all assurances,statements,representations,warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this /6 L day of AJ5. �004uup
��,p GUu TY Aopp e,
GREEDS COUNTY AIRPORT AUTHORITY
4��:"Q,4OR,4'''-1/ s
SEAL .� _ 1�--
( <a(SEAL) _�••. •
Sponsor's Designated Official Representative
may/ •
••. OCORPcP•`
Attest: / 2�.0, ,16..a44<"��,q.-•"... �``�``�Title: C w.tMs -.-
tttttttttttttt
Title: 4 S S`,'• S ecre Ter/
Certificate of Sponsor's Attorney
I, /C/el) D M ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative
has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said
State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at �.c,..(�i7 t4/0 this J7day of dtr ..0" ,2007.
�fif leS
fJ �c//��wffJJJJa �� 1.•LC_
Signu sor'sAttorney
FAA Form 5100-37(7/90) 6
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
,i r2 4 ,' UMBER 3-08-0028-17
6 IiI ,„ I I BER: DOT-FA05NM-1011
t *
AT ,i ,4 * * THE CITY OF GREELEY,COLORADO
:Apy'1v (vial
4 . BY: l/t-DYn� : - --
CITY C RIC _ 1 MAYOR
Approved as to Legal Form: Approved as to Substance:
se
City Atto e C ag
Availability of Funds:
//sue
Director of Finan'e
FAA Form 5100-37(7/90) 8
Page 1 of 1
Esther Gesick
From: Michael A. Reisman [Reisman@gxy.net]
Sent: Monday, July 23, 2007 4:25 PM
To: Esther Gesick
Subject: Airport Grant Document
Attachments: Greeley18grant.doc
Esther:
Please find attached the FAA Grant Agreement for Project No. 3-08-0028-18 at the Greeley-Weld County Airport.
I need to have the approval/acceptance of this document put on the agenda of the BOCC at your earliest
convenience. For informational purposes, this grant will provide the Airport Authority with $150,000.00 in federal
grant monies to design and undertake Phase I construction on storm water detention facility improvements.
Additional funds will be provided in 2008 to fully complete the project.
If you could please let me know what date this will be on the Board's agenda, I would appreciate it. Thank you in
advance for your assistance.
Mike Reisman
Greeley-Weld County Airport
Internal Virus Database is out-of-date.
Checked by AVG Free Edition.
Version: 7.5.467/Virus Database: 269.6.2/785 -Release Date: 5/2/2007 2:16 PM
2007-2152
7/24/2007
Page 1 of 1
Donna Bechler
From: Esther Gesick
Sent: Tuesday, August 21, 2007 7:56 AM
To: Donna Bechler
Subject: FW: Airport Grant Docs
Attachments: Greeleyl8grant.doc
From: Michael A. Reisman [mailto:Reisman@gxy.net]
Sent: Monday, August 20, 2007 3:42 PM
To: Esther Gesick
Subject: Airport Grant Docs
Esther:
The Federal Aviation Administration called me today and they have an administrative problem with the signature
page from Weld County which was included in the recent grant agreement we approved and submitted. Although
we were circulating the document prior to August 9th in order to turn it around by their short deadline, they need to
have the signature dates after August 9th (which was the grant issuance date) but before August 20th (which was
the deadline for return). They would actually like the Weld County signature page to be dated August 15th if
possible.
Unfortunately, I need to ask if you can have the Weld County signature page from the document re-executed by
Weld County, with the execution and attorney dates both indicating August 15th if possible. I have attached an
electronic copy of the grant agreement again in case you need it. The only thing I need back is four original
copies of the signature page which I will send to the appropriate agencies holding copies. I suggest having five
executed, and slip sheeting one directly into your original copy of the document.
If you can please let me know if this is possible I would appreciate it. Please call me when they are complete, and
we will pick them right up. Sorry for the inconvenience.
Mike Reisman
(970) 336-3001
Reisman@gxy.net
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8/21/2007
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