HomeMy WebLinkAbout20051287.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROJECT 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 the Airport
Improvement Project 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 grant
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said grant 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 Airport Improvement Project 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 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 grant agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
!'1 WELD COUNTY, COLORADO
4 E L,
William H. rke, Chair
1861 t;,( :"+'.0 i Clerk to the Board V
+, ' / M. J i , ro-Tt
-puty Clerk to the Board —s
Dft,vid E. Long
APP
Robe D. Masle .
unty Attorney PM(
Glenn Vaad
Date of signature: rFAr
2005-1287
--le-O J 1Pr464 AP0023
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TO: Esther Gesick April 22, 2005
Clerk to the Board
FROM: Mike Reisma 1M
Greeley-Wel. - . n , Airport
RE: FAA Grant Application Acceptance
Please find enclosed six copies of a Federal Aviation Administration Grant Agreement
for FAA Project No. 3-08-0028-17 at the Greeley-Weld County Airport. As in the past,
the Board of Weld County Commissioners need to approve and execute this document
in order for the airport to receive $415,000.00 in federal grant monies for an airport
improvement project scheduled for the current year.
Your assistance in placing this item on the Commissioners agenda for Wednesday,
April 27th, would be appreciated. Please note that the County Attorney's signature
needs to be dated on or after the execution date included on the Weld County signature
page.
After execution by the County, please return all six copies to me, as execution by the
City of Greeley is still pending. One fully executed copy will be returned to you for the
County's permanent records after all parties have completed the execution.
Thank you your assistance. Please call me at 336-3001 if you require any additional
information.
2005-1287
P.O. Box 727 • Greeley. CO 80632 • (970) 336-3000 • FAX(970) 336-3030
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: April 14,2005
Airport: Greeley-Weld County
Project Number: 3-08-0028-17
Contract Number: DOT-FA05NM-1006
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 1, 2005 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:
Rehabilitate MIRL on Runway 9/27, install PAPI's on Runway 9, install
airport beacon, install segmented circle, install runway lighting (counterpoise)
on Runway 16/34,
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 $415,000. 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
$415,000 for airport development.
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 May 16, 2005, 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, who 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 July 1, 1999, and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
10. 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.
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, a letter from the
FAA will unilaterally amend the change in grant description. 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. 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.
13. 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 this
provision may cause the letter of credit to be revoked.
14. 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 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.
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 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
L AVIATION ADMINISTRATION
•
Phillip J.Br en, cting Manager
Denver Airp rts istrict 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 do 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•ttt'itt gay of May , 2005.
p« chr- CITY OF GREELEY, COLORADO
• p
s6
G ( f/ YY>t t,._ `fi r. �e�t
ie
-{SEAL)) i `IL * r (Signature Sponsor's Designated Official Representative)
4)
,a, By: Thomas E. Selders
(Typed Name of Sponsor's Designated Representative)
Attest: jI A . r d.ik) Mayor. City of Greeley
City Cl¢kk (Typed Title of Sponsor's Designated Official Representative)
Certificate of Sponsor's Attorney
I, Jeffrey Parins , 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 Greeley- rn this day of May ,2005
Signature o po rs Att rney
FAA Form 5100-37(7/90) 4
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 do 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 27th day of April 2005.
4.O111hum� COUNTY OF WELD,COLORADO
Abia
'-, r1,-.,
�"' (Signature Sponsor's Designated Official Representative)
O.
' �, APR 2 7 2005
, 4;;/ -) _ �i ;�G By: William H. Jerke
•` 1 .e,a, fr, (Typed Name of Sponsor's Designated Representative)
Atte Ilya" Chair, Board of County Commissioners
"JiiiW e Bo rd (Typed Title of Sponsor's Designated Official Representative)
By:
Deputy Clerk to the BoardCetificate of Sponsors 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 thi ay of_4 /E/. ,2005.
/
Si re of Sponsor's Attorney
FAA Form 5100-37(7/90) 5
q?X'- -/Airy
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 do 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 31 St day of May ,s2�ti�Q ansuF
``p5 FI"
$ta��� ��111/
.......04,ga,� GREELEY-WELD COUNTY AIRPORT AUTHORITY
W SEAL •• th k_
(SEAL) 0'• �, <r(Signature Sponsor's Designated Official Representative)
'•. OtoRP�•'•
L,,�/'fir '••...*...�' se�x�,`a By: Debbie Pilch
FF...... uelmefl% (Typed Name of Sponsor's Designated Representative)
Attest: /47. Chairman
4‘c. rettetcK'l (Typed Title of Sponsor's Designated Official Representative)
IJ // m/ Certificate of Sponsor's Attorney
I,�/Gf -/ Lt 45 , 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 1friehrt Ce this.day of I nets ,2005.
Signature of Sponsor's Attorney
•
FAA Form 5100-37(7/90) 6
CITY OF GREELEY SIGNATURE PAGE
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
RE: ER 3-08-0028-17
COR .c r 1, OT-FA05NM-1011
P y V ...VVV`hhf�
0O1 ST. `€t? THE CITY OF GREELEY, COLORADO
SE ;: s' AL *
s\ i `A A
J �!��L\ •r ya
d, e.U‘tiV BY: 1/1711--) vt-e•
CITY CLERK ' MAYOR
Approved as to Legal Form: Approved as to Substance:
C
City Attor y � Cit n r
Availability of Funds:
Director of ante
FAA Form 5100-37(7190) 7
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