HomeMy WebLinkAbout20031830.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROJECT AND
AUTHORIZE CHAIR TO SIGN
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 an Airport
Improvement Project between the County of Weld,State of Colorado,by and through the Board of
County Commissioners of Weld County,and the Federal Aviation Administration,City of Greeley,
and Greeley-Weld County Airport Authority, 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 GrantAgreementforan Airport Improvement Project between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Federal Aviation Administration,City of Greeley,and Greeley-Weld County Airport Authority
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 16th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
:��-• ij
D i E. Lon , Ch it
`rk to the Board
1861 I�� �� Robert D sden, Pro- em
V `wr to the Board —
%O tar`�I M. J. eile
AST : i I!
Willis . Jerke
o. ty Att. ne d �EGN/�
Glenn Vaad
Date of signature:
2003-1830
AP0022
/ IIH1Hff
l
YfIOCO/A/lYlll t
rr,
www.gxy.net
MEMORANDUM
To: Esther Gesick
From: Steve Kiburz �C
Date: July 11, 2003
Subject: Greeley-Weld County Airport FAA Grant
Enclosed is a copy of the FAA's Airport Improvement Program Project No. 3-08-0028-15 grant.
The Airport will forward the 6 original copies for signature after they are executed by the
Greeley-Weld County Airport Board.
P.O. Box 727 • Greeley, CO 80632 • (970)336-3000 • FAX(970)336-3030 2003-1830
of TR4 DENVER AIRPORTS DISTRICT OFFICE
,��� NS�9 26805 EAST 68TH AVENUE
DENVER,COLORADO 80249-6361
p (303) 342-1252
lift
z
ZF�St4115 1
FEDERAL AVIATION
ADMINISTRATION
PLEASE READ BEFORE EXECUTING GRANT
June 26,2003
The Honorable Jerry Wones
Mayor of Greeley
1000 10'h 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. 3-08-0028-15 at the
Greeley-Weld County Airport in which$1,705,000 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 copy
is 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).
Sincerely,
raig Spitks,Mana r
Denver Airports District Office
Enclosures
U.S. Department
of Transportation
GRANT AGREEMENT
•
Federal Aviation
Administration
Part I - Offer
Date of Offer: June 26, 2003
Airport: Greeley-Weld County
Project Number: 3-08-0028-15
Contract Number: DOT-FA03NM-1033
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 13,2003 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 Runway 9/27,rehabilitate a portion of Taxiway A,install MITL,
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
1. The maximum obligation of the United States payable under this offer shall be $1,705,000. 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
$1,705,000 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 August 8, 2003, 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(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
ALP 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. 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.
(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).
FAA Form 5100-37(7/90) 3
(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.
14. 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
6/160'5/ /1 'di ./(
M nager,Deinker 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 24th day of July ,2003.
CI F G LEY,Cr/Lazy
See attached City of By: l
(SEAL) Greeley signature page Spons ' Designated Official Represe tative
Attest: Title:
Title:
Certificate of Sponsor's Attorney
I Jeff 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 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 nsor in accordance with the terms thereof.
Dated at this 24th day of July ,2003.
Signatur onsor'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 16th day of July ,2003.
C Y OF ELD,CO ORAD
By:
(SEAL) IS/1,./At-a Sponsor's Designated Official e r entative
Attest: - , r/ , Title: David E. Long, Chair 7/16/2003)
er to t e rY
Deputy er
OuNett' :to 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 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 16thday of July ,2003.
Si a of Sponso omey
FAA Form 5100.37(7/90) 6
j/(103--/b'3o
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties, covenants, and agreements contained
in the Project Application and incorporated materials refereed 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 Ur day of \"A t, ,2003.
`'.,.aus,uuue+rr�� GRE EY-WELD O Y AIRPORT AUTHORITY
•
e°' RA /i�fi�
(SEAL) c�`9`,Q'?' 4•.%\.V wonsor's esi torte tal Representative
Attest T =m' S EA ble( C\91.OA.7 tMR11
Title: ��+�E_at? i�cs__ 7 cOGOFlgCe•r
C'ePt Ifis*atr1' ponsor's Attorney
I, f R t D OP f , 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 ford 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 s.k," Co this Jj day ofy , 2003.
e A��
Signature of Spo sor sors omey
•
•
FAA Form 5100-37(7/90) 7
CITY OF GREELEY SIGNATURE PAGE
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
RE: PROJECT NUMBER: 3-08-0028-15
CONTRACT NUMBER: DOT-FA03NM-1033
ampCO'
tSTh nsPit t\ • THE CITY OF GREELEY,COLORADO
* AL By:to
$414,6. ''�I MAYOR
\q, Aa Sit
•r
Approved as to Legal Fo : Approved as to Substance-
•
lager1/1///0Z—fefi
City Atto
Y City Manager
Availability of Funds:
of Finnce / �Jki4I
Director Finance // �
FAA Form 5100-37(7/90) 8
Hello