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Home My WebLink About900878.tiff RESOLUTION RE: APPROVE GRANT AGREEMENT FOR GREELEY-WELD COUNTY AIRPORT IMPROVEMENT PROGRAM AND AUTHORIZE CHAIRMAN 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 the Greeley-Weld County Airport Improvement Program Project with the U.S . Department of Transportation, Federal Aviation Administration, and WHEREAS, the terms and conditions of said Grant Agreement are as stated in the Grant Agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Grant Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Agreement for the Greeley-Weld County Airport Improvement Program Project with the U.S. Department of Transportation, Federal Aviation Administration, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 26th day of September, A.D. , 1990 . �� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Gene R. BBrantner, Chairman BY: Slam K Vy 2 rge Kennedy, Pro-Te cgtiles Deputy glerk to the Board APPROVED AS TO FORM: C nstance L. Harbert /�,J- -c.-t / C.W. 'Kirb�y��/>/ County Attorney d�� Gordo � a' t 900878 7 / . ev U.S. Department DENVER AIRPORTS DISTRICT OFFICE of Transportation 5440 Roslyn Street Federal Aviation Suite 300 Administration Denver, Colorado 80216-6026 ( 303) 286-5534 SEP 2 1 1990 The Honorable William J. Morton Mayor, City of Greeley P.O. Box 727 Greeley, Colorado 80632 Mr. Gene R. Brantner, Chairman Weld County Board of County Commissioners P.O. Box 727 Greeley, Colorado 80632 Mr. C. H. Carter, Chairman Greeley-Weld County Airport Authority P.O. Box 727 Greeley, Colorado 80632 Gentlemen: • Enclosed are six copies of a grant offer for Airport Improvement Program Project No. 3-08-0028-06 at the Greeley- Weld County Airport in which $461 ,835 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 of the grant offer. Certification by the attorney 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. Sincerely, ifi la E. Wie ann, Manager "-Denver Airp its District Office Enclosures 900878 U.S. Department of Transportation Grant Agreement Federal Aviation Administration Part 1 — Offer Date of Offer SEP 2 0 1990 Greeley—Weld County Airport Project Number: 3—08-0028-06 Contract Number: DOT-FA90NM-1060 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 20, 1990, 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 portion of parallel taxiway "A" (approx. 3300' x 40'); Rehabilitate aircraft parking apron. all as more particularly described in the Project Application. 1 C®878 Now therefore, pursuant to and for the purpose of carrying out the provisions of the :Airport .and Airway Improvement Act of 1983, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the ".Act", andfor the ,aviation Safety and Noise Abatement .act of 1979, 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 $461,835. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the .Act, the following amounts are being specified for this purpose: $ —0— for planning $461,835 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 September 28, 1990, or such subsequent date as may be prescribed in writing by the FAA. s 2 9`OS f+ 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 raisuse.d 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 judgement. 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 fonds. 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 July 15, 1990, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. 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). (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. 3 ii„,„ i (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. g c®137'S 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 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 effectii, e upon the Sponsor's acceptance of this Offer. United States of America Federal Aviation Administration r 2� a/lf�� Acting Ma ,r. 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. 1 Executed this �, day of 19 CITY OF GREELEY, COLORADO , (SEAL,) By: 1-' � �� Sponsor' esignated Official Representative attest:. ; Title: Y 1 tgi-trr Title: n , Certificate of Sponsor's Attorney I. I�HMR13 it?jiQJ.t my. acting as Attorney- for the Sponsor do hereby certify: i That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado. Further, l 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 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 wirii the terms thereof. Dated at Vi.AL-fle -.� 6 0 this a4 flay ay of (�L.HG�� 19 9D 0 1 Signature o Sporis >r's Attorney 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 26th day of September , 19 90 COUNTY OF ',VELD, COLORADO (SEAL) ( Anglidd„ Sponsor's Designated Official Representative Attest: Title: Chairman, Weld County Board of Commissioners Title: Clerk to the Board gy; rn, Deputy C rk to the Board Certificate of Sponsor's Attorney I. Thomas O. David , 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 1)\- Sponsor and Sponsor's official representative has been duly authorized and that the ood ion thereof is in all respects due and proper and in accordance with the laws of the said stave dud the Act. In addition, for grants involving projects to be carried out on property not eared be the Sponsor, there are no legal impediments that will prevent full performance he the spodsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and bidding obligation of the Sponsor in accordance with the terms thereof. Dated at Greeley, Colorado, this 26th day of Se ember 19 90 Signature of Sports �.�tornec Thf. OMIS 6 • 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 -rz CGS . 19 ye, . GREELF.Y—WELD COUNTY AIRPORT AUTHORITY (SEAL) �9 By /Y Sponsor's Designated Official Representative Title:hty Commission expires September 14, 1992 Certificate of Sponsor's Attorney C I / REy • 0747.1 , 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 eyecution 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 41-4---6--) ere° this _21 day of �Q 19 9'0 Signature of Sponsor's Attorney 0 7 CO'C878 „ 0 , ys4 Hello