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Home My WebLink About20021489.tiff RESOLUTION RE: APPROVE GRANT AGREEMENT FOR RELOCATION OF EAST AND CENTRAL PORTION OF TAXIWAY A AND CONSTRUCTION OF HI-SPEED TAXIWAY C5 AND AUTHORIZE CHAIR TO SIGN - FEDERAL AVIATION ADMINISTRATION 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 the relocation of the east and central portions of Taxiway A and the construction of hi-speed Taxiway C5 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, with 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 the relocation of the east and central portions of Taxiway A and the construction of hi-speed Taxiway C5 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 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 10th day of June, A.D., 2002. BOARD OF COUNTY COMMISSIONERS 'r WELD COUNTY, OL DO ATTEST:�SI edea(/� C -1%A n Vaad, Chair Weld County Clerk to the B9 a 1 C' Os P Jf9. _„� avid E. Lon so- :� I , Deputy Clerk to the Board /' .� 6' M. J. Geile 4 APPRD AS TO, "L / /L j 'Ili H. Jerke /,„--trounty A torney) R ert D. Ma den Date of signature: '-• ( - r 4eO0 00 64;i) 2002-1489 // AP0021 U.S. Department • of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: June 3, 2002 Airport: Greeley-Weld County Project Number: 3-08-0028-13 Contract Number: DOT-FA02NM-1037 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 21, 2002 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: Relocate east and central portion of Taxiway A, construct hi-speed Taxiway CS, 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,U.S.C., Subtitle VII,Part B, as amended, 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, 90.00 percent. This Offer is made on and subject to the following terms and conditions: Conditions I. The maximum obligation of the United States payable under this offer shall be $2,830,000. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under Title 49, U.S.C., section 47108(b), the following amounts are being specified for this purpose: $-0-for planning $2,830,000 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 provisions of Title 49,U.S.C., subtitle VII, Part B.. 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 June 28, 2002, 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 fumish 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(7/90) 2 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 MP Projects," dated July 1, 1999, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. Unless otherwise approved by the FAA, it 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. 11. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108(b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 12. 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. 13. It is understood and agreed by and between the parties hereto that the United States shall not be obligated to make any payments under this agreement until the Airport Layout Plan required for this project has been approved by the FAA. 14. 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: (I) 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. (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. FAA Form 5100.37(7/90) 3 (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, 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 did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out-of-tolerance material. c. Failure to provide a complete report as described in paragraph (c), 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. 15. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM 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 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 in the attached outline entitled "Pavement Maintenance Management Program." FAA Form 5100-37(7/90) 4 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 Title 49, U.S.C., Subtitle VII, Part B, as amended, 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 5th day of June , 20O2 . CITY OF GREELEY,COLORADO By: See attached City of Greeley signature page. (SEAL) Sponsor's Designated Official.Representative Attest: Title: Title: Certificate of Sponsor's Attorney I, Y \. ' acting as Attomey 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 relating thereto, and find that the acceptance thereof 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 Title 49,U.S.C., Subtitle VII, Part B, as amended. 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 Sp sor in accordance with the to thereof. Dated at�l‘//10 0 ' \ this day of , 20Q. Signature of Spo ttomey 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 10th day of June ,2C02 . COUNTY OF��D, OLORADO ♦�� By: i1lAf/fly/Et u l (SEAL) I ! Sponsor's Designates Mimi Representative Attest: �, { ' 14J}j►` Title: Glenn Vaad, Chair, Weld County Board _. 1/41=; of Commissioners By: Deputy Cler ' frt er•A u s ✓r te of Sponsor's Attorney %a i� 1, 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 relating thereto, and find that the acceptance thereof 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 Title 49,U.S.C., Subtitle VII,Part B, as amended. 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 Greeley, CO this l0thday of June C— rgnature 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. j a aN oity q%h�pa Executed this j 7 day of 7Q r2 , 2�0 `�COOµaOR�P0C0 */r T '.q % 3 W' F '•,SEE EY-WELD C UNTY AIRPORT AUTHORITY s,: SEA _31 ' lL Is... (SEAL) tt. C�0RP�... `�onsor's Designated R presentative L� a• Attest: �C. 'p'i'innn�tn�nnttkts%.•`Glenn Vaad . CL4,rv‘.0 v� Title: Jeiak4 u/�. /' Certificate of Sponsor's Attorney I, fr-- UM Chi- ,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 relating thereto, and fmd that the acceptance thereof 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 Title 49,U.S.C., Subtitle VII,Part B, as amended. 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. ,i-t.. .ixt7 Co Dated a t this / 7 day of f GG� 20Q� � /Lib Sig ature of Attorney FAA Form 5100-37(7/90) 7 CITY OF GREELEY SIGNATURE PAGE FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT RE: PROJECT NUMBER: 3-08-0028-12 CONTRACT NUMBER: DOT-FA99NM-1080 ATTESTle: ''C Rlt THE CITY OF GREELEY,COLORADO t a -t,tyfftNxCD ao . * s * By: WAO�^�n C Y C VP'P' *tt MAYOR chtt Approved as to Legal F Approved as to Substance: C ` City Atto City M gager Availability of Funds: /1 for of Finance FAA Form 5100.37(7/90) 8 oe 1 Ns DENVER AIRPORTS DISTRICT OFFICE ,,‘' AoP^ 26805 EAST 68TH AVENUE DENVER,COLORADO 80249-6361 o (303) 342-1252 er z ZF0 Sr411$ FEDERAL AVIATION ADMINISTRATION PLEASE READ BEFORE EXECUTING GRANT June 3, 2002 The Honorable Jerry Wones Mayor of Greeley 1000 10th Street Greeley, Colorado 80631 Mr. Glenn Vaad, Chairman Weld County Commissioners P.O. Box 758 Greeley, Colorado 80632 Mr. Glenn Vaad, Chairman Greeley-Weld County Airport Authority P.O. Box 727 Greeley, Colorado 80632 Dear Mayor Wones and Mr. Vaad: Enclosed are six copies of a grant offer for Airport Improvement Program Project No. 3-08-0028-13 at the Greeley-Weld County Airport in which$2,830,000 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Please complete Part II (Acceptance)by having the authorized officials execute the last page (s) of the grant offer. Certification by the attorney(s) should be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed,but evidence of such procedure is not required by the Federal Aviation Administration. After execution and certification of the grant agreement,please return three copies to this office. The other copies are for your records. All applicable project-related requirements pertaining to environmental analysis and approval for this grant have been met in accordance with the guidelines contained in FAA Order 5050.4A, Airport Environmental Handbook(1985). Sincerel Alan E. Wiechmann, Manager Denver Airports District Office Enclosures 11/lfflfY- !I/lIOCOUNlY A/N/i/ll www.gxy.net TO: Esther Gesick June 14, 2002 Clerk to the Board FROM: Mike Reisma {' Airport Manager RE: FAA Grant No. 3-08-0028-13 Attached find six (6) original copies of the above referenced Federal Aviation Administration Grant which was approved by the Board of Weld County Commissioners on June 10th, 2002. Your assistance in having the documents executed on behalf of Weld County is appreciated. Please note that certification by the County Attorney must be dated no earlier than the other required signature(s). Also, we have flagged the signature page for the Airport Authority as well for Glenn Vaad's signature as Chairman. Please call me at 336-3001 when complete, and we will pick up all six copies. One original copy will be returned for your permanent records after certification by the Airport Authority's attorney. PO Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030 Mill 11f/ocoh/ivey www.gxy.net TO: Esther Gesick June 3, 2002 Clerk to the Board FROM: Mike Reism-n Airport Mana: - RE: FAA Grant - Commissioners Agenda Attached is a copy of the Federal Aviation Administration Grant documents for the upcoming Taxiway A project at the Greeley-Weld County Airport. From our discussion, I understand that this will be placed on the Monday, June 10th, 2002 Board of County Commissioners Agenda. Also attached is a copy of the recent Airport Board Resolution concerning same. I will transmit original copies of the documents to you for execution once I have them available. Thanks for your help. 2002-1489 P.O. Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030 ' Ollff1fy iff/0001/4111 9xy�r A//i'PO//l www.TO: Esther Gesick June 18, 2002 Clerk to the Board FROM: Mike Reisman Greeley-Weld . . - t Airport RE: FAA Grant Document Attached is one original copy of the FAA grant documents for grant no. 3-08-0028-13, which have now been fully executed. This copy is provided for Weld County's permanent records. Thank your for assistance. P.O. Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030 GREELEY-WELD COUNTY AIRPORT AUTHORITY RESOLUTION NO. 9-02 A RESOLUTION AUTHORIZING ACCEPTANCE OF AN AIRPORT IMPROVEMENT PROGRAM GRANT (FAA GRANT NO. 3-08-0028-13) FROM THE FEDERAL AVIATION ADMINISTRATION AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS WHEREAS,The Greeley-Weld County Airport Authority Board of Commissioners approved and adopted an updated Airport Master Plan on December 16, 1993, which was also approved and accepted by the Greeley City Council and the Board of Weld County Commissioners; and WHEREAS, The Greeley-Weld County Airport previously submitted an Airport Improvement Program Grant Application to the Federal Aviation Administration for the continuation of funding of the airport expansion project; and WHEREAS, The Federal Aviation Administration is scheduled to make a grant offer from the Airport Improvement Program for such continuation of the airport expansion project; and WHEREAS, The Greeley City Council and Board of Weld County Commissioners have or are expected to accept the grant offer; and WHEREAS, The Greeley-Weld County Airport Authority Board of Commissioners deems it advisable to accept the grant offer from the Federal Aviation Administration. NOW, THEREFORE, BE IT RESOLVED by the Greeley-Weld County Airport Authority Board of Commissioners that the Airport Improvement Program grant offer by the Federal Aviation Administration for FAA Project No. 3-08-0028-13 is hereby accepted upon its offer. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to sign all necessary documents concerning said grant. ADOPTED this 16th day of May, 2002. ATTEST: GREELEY-WELD COUNTY AIRPORT AU HORITY: O1zaciL Bruce Stradley,Secretary surer Glenn Vdc,d, . rman Hello