HomeMy WebLinkAbout990447.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR GREELEY-WELD COUNTY AIRPORT 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 the Greeley-
Weld County Airport among the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, the City of Greeley, and the 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 Grant Agreement for the Greeley-Weld County Airport among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, the City of Greeley, and the 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 10th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W!% . HSair
ELD COUNTY C LORADO
ATTEST: LI/
Daly K Weld County Clerktot . . y one ,s
•
pi p
&&:4_ 11 J �- arbara. J. Kirkmeyer, ro-Tem BY: Deputy Clerk to the B� /
George axter
'
OV AS FORM:
7i7
M. . Geile
o Attorney ✓6K?l.!5,
ia
Glenn Vaa l
d
/�/� 990447
CC l / AP0008
'11Rffy
!711OCOUNIY
wwwgzynet A/11PDf/1T
TO: Esther Gesick March 5, 1999
Clerk To The B
FROM: Mike Reisma
Airport Mana
RE: FAA Grant For County Commissioners Agenda
As discussed with you by phone today, please find attached one copy of the next FAA
grant for the airport expansion project. The amount of the grant is blank, and we have
been asked by the FAA to approve acceptance of the grant in amount up to 2.5 million
dollars, with the knowledge it will be something less than this. The grant must be
approved, executed and returned to the FAA all by March 31St, or we face losing it.
Also attached are six copies each of the signature pages for the County. Please have all
sets executed by the appropriate individuals, and return all of them to me for further
execution. One fully executed copy of the document will be returned to the County after
execution by the City and Airport Authority.
I understand that this will be placed on the Wednesday, March 10th agenda. Please call
me at 356-9141 with any questions.
P.0, Box 727 • Greeley, CO 80632 • (970)556-9141 • FAX(970)356-2643 990447
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: March 19 , 1999
Airport: Greeley-Weld County Airport
Project Number: 3-08-0028-10
Contract Number: DOT-FA99NM-1015
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 February 18, 1999 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:
Acquire land (Parcels 20 and 25), acquire avigation easement (Parcel 25A),
construct portion of Runway 16/34 and parallel taxiway connectors - site
preparation and paving,
all as more particularly described in the Project Application.
FAA Form 5100-37(10/89) 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 $2,658,000. 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
$2,658,000 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 March 31, 1999, 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(10/89) 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 May 1, 1995, 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 attests any automated facility, technology system, or equipment assessed and/or tested under this
Airport Improvement Program project has, or will have, a complete assessment for year 2000 (Y2K)date change
data processing compliance. Any future Y2K awareness, assessment, and testing work for the facilities, systems,
or equipment related to the project will be the responsibility of the sponsor or its contractor. The Government
will not participate in additional costs for Y2K assessment or testing work for any automated data processing
subject to this grant agreement.
13 . The sponsor attests any automated facility, technology system, or equipment acquired, assessed, tested, installed
or repaired under this Airport Improvement Program project has completed,or will complete, successful
verification and validation of the year 2000 (Y2K) date change data processing. The sponsor shall ensure Y2K
compliance of the facilities, systems, or equipment prior to its acceptance and/or commissioning to verify it
meets operational standards. The sponsor must provide for continuous operation and maintenance of such, or
alternate courses of action. The future Y2K awareness, assessment(including associated testing), renovation,
validation, and implementation work related to the project will be the responsibility of the sponsor or its
contractor. The Government will not participate in additional costs of Y2K assessment, testing, or repair work
for the automated data processing subject to this grant agreement.
14. 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.
15. The Sponsor agrees to perform within three years of this grant the airport development which requires this land
acquisition, and further agrees not to dispose of the land by sale or lease without prior consent and approval of
the Federal Aviation Administration. In the event the land is not used within the three years for the purpose for
FAA Form 5100-37(10/89) 3
which it was acquired, the Sponsor will refund the Federal share of acquisition cost or the current fair market
value of the land, whichever is greater.
16. The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated
Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or
which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage
facilities, smoke generating activities,or places of public assembly, such as churches, schools, office buildings,
shopping centers, and stadiums.
17. It is understood and agreed by and between the parties hereto that the STANDARD DOT TITLE VI
ASSURANCES executed by the Sponsor is hereby incorporated herein and made a part hereof by reference.
18. It is understood and agreed by and between the parties hereto that until the Sponsor has submitted evidence that it
has acquired a fee title or such lesser property interest as may be found satisfactory to the FAA in and to Parcels
20 and 25 as shown on the property map attached hereto and identified as Exhibit "A", or any portion thereof for
which grant payment is sought, subject to no liens, encumbrances,reservations or exceptions which in the
opinion of the FAA might create an undue risk or interference with the use and operation of the airport, the
United States will not make nor be obligated to make final payment.
18. By its acceptance hereof the Sponsor covenants and agrees that it will clear Parcels 20 and 25 as shown on
Exhibit"A" of any existing structures prior to final payment under the project and that it will not erect nor permit
the erection of any permanent structures therein except those required for aids to air navigation or those which
may be specifically approved by the FAA.
19. It is understood and agreed that adequate property interest for parcels 20, 25, and 25A shall be as determined by
the Administrator. It is further understood and agreed that should there be a change in the land interests shown
on the Exhibit"A" for parcels 20, 25, and 25A a revised Exhibit "A" shall be submitted as part of the project
close-out documentation.
20. 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.
FAA Form 5100-37(10/89) 4
(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.
FAA Form 5100-37(10/89) 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 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
R u—s Manager,Denver r 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 22nd day of March , 1999.
CITY OF GREELEY,COLORADO
By: 0 See 4144c -Ed s;s ,.4, t Pcep_
(SEAL) Sponsor's Designated Official Representative
Attest: Title:
Title:
Certificate of Sponsor's Attorney
•
I,t )e r C h/C- 1 aY .,$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 cen w
f ith the terms thereof
LA
Dated at Greek e\ CO this — day of , 19`e..ct
Signature o po Ys Att mey
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 2 2nd day of March , 1999 .
TY OF WELD,C LORADO
By: 1
(SEAL) �, Sponsor's Designated Official Representative
Dale K. Hall ( 3-22-99 )
Attest: '✓,'A - }le: Chair, Weld County Board of Commissioners
I
Title:
Deputy Clerk to \Bo j �
• �-.; ti) tEt 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 fmd that the
acceptance thereof by said Sponsor and Sponsors 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 22ndlayof
Sid re o Sponsor's Attorney
FAA Form 5100-37(7/90) 7
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 21 day of Y\&Ctrc L 19
ELEY-WELD CO TY AIRPORT AUTHORITY
By: V
(SEAL) Sponsor's Designated Offi ial Representative
Attest: Title: C l C< r W a h
Title: _ Oc^ 1ee_.
Certificate of Sponsor's Attorney
I, Rea O T'-S ,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 It 4. 04. this 2 1 day of (M Cora 19`ry
Si Lure of Sponsor's Attorney
FAA Form 5100-37(7/90) - 8
CITY OF GREELEY SIGNATURE PAGE
FEDERAL AVIATION ADMINIS IRATION
GRANT AGREEMENT
RE: PROJECT NUMBER: 3-08-0028-10
CONTRACT NUMBER:
DOT-FA99NM-1015
ATTEST: THE CITY OF GREELEY,COLORADO
10,0114) kir;SsJr L
March 22 , 1999
Approved as to Legal Form: Approved as to Substance:
L„,
City Attorney City anager
Availability of Funds:
)S,KI O
c S4149/
4(Director of Finance
FAA Form 5100-37(7/90) 9
Hello