HomeMy WebLinkAbout991603.tiff RESOLUTION
RE: ACCEPT FAA GRANT 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 an FM Grant 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, and
WHEREAS, after review, the Board deems it advisable to approve said grant, 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 FM Grant 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 grant.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY ORADO
ie■ �' r� Dale K. Hall, Chair
■ r '- '�, :�. rA the Board
AGAimi_A v_11
r .
arba a J. Kirkmeyer, o-Tem r;
!. ti ,
to the Board
-• // Georg E. xter
APOVAs TO FORM:
M. J. eile
o�y Attorney
Glenn Vaad
3
l.GC; A° 9P000
A0008
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
•
Date of Offer: AUG 4 '` 1;i
Airport: Greeley-Weld County Airport
Project Number: 3-08-0028-11
Contract Number: DOT-FA99NM-1057
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:
Pave portion of Runway 16/34, portion of parallel taxiway and connector
taxiways; Install MIRL, MITE, guidance signs, PAPI's, and REIL's; Relocate
Runway 27 threshold; Construct portion of parallel taxiway and connector
taxiway to Runway 27; Relocate localizer and glide slope antennae,
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 $3,200,000. 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
$3,200,000 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 6, 1999, or such subsequent date as may
be prescribed in writing by the FAA.
7. The Sponsor shall ake 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 arse
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 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
FAA Form 5100-37(10/89) 3
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
cor.tract.
(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.
(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) 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
tatekniManager,Denver rts District O fice -
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 , 19_.
CITY OF GREELEY, COLORADO
By:
(SEAL) Sponsor's Designated Official Representative
Attest: Title:
Title:
D Certificate of Sponsor's Attorney
I, , In I r , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the ponsor 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 > dr1 ft,0--) this if day of j r'l9 a , 19 1
Signature of ponsor'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.
'r/Executed this "' day ofriC J ___ 199g.
{� TY OF WELD,CO OR O E By:
(SEAL) ILI/ �1J Sponsor's Designated Official R presentative
�rY, n '
Attest: �Lu,i.��'��• _litle: Chair
Title: Finance an AF; _ 4
By: 94,2% G r/ .' v y
Deputy Clerk to the `�( t,N. i t of Sponsor's Attorney
Board
1, t-"V"kz > %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 this day of/_.- 'j r.•_?- ,'1cSg •
,
Signatuke�a Sponsorsttorg�y—
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 accent 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 Austtit , 19`i .
J G LEY-WELD COU TY AI PORT AUTHORITY
By:
(SEAL) Sponsor's esignated O icial epresentative
Attest: i f s Title: _ aCAOfvWAI,
Title: _ NFF±P>= fJ 4Ac3r r.
/�
Certificate of Sponsor's Attorney
0,[1.Ir . 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 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(y �1E ,fr__&__ this if day of 4 , 190g
•
Signature of Sponsor's Attorney
FAA Form 5100-37(7/90) 7
CITY OF GREELEY SIGNATURE PAGE
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
^ RA BER: 3-08-0028-I1
ER. DOT-FA99NM-1015
,(*
So\� �1ATT g4,._.
t THE CITY OF GREELEY,COLORADO
109,0 +M wovh
4y �� ww• 0.9
Yf4
s* IY.
CITY CLERK MAYOR
Approved as to Legal Form: Approved as to Substance:
/k7 / (14
ity Attorney City anager
Availability of Funds:
Director of Finance
FAA Form 5100-37(7/90) 8
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TO: Board of County Commissioners July 12, 1999
Weld County
FROM: Michael A. Reisman
Airport Manager
RE: Acceptance Of FAA Grant Offer
As a result of the split of FAA Airport Improvement Program (AIP) funding for 1999, the 2.6
million dollar AIP grant received earlier this year represented only a portion of the funding
originally expected. The FAA has informed the Greeley-Weld County Airport Authority that
an additional grant offer will be made in the next two weeks, in an estimated amount of
3.224 million dollars. This amount will allow the airport to complete the runway portion of
the expansion project, and make it operational before the end of the calendar year.
Because of the time limitations being imposed by the FAA on the Airport Authority to
accept the grant offer and return executed copies by the end of July, the Airport Authority
respectfully requests acceptance of the grant offer by Weld County at its July 19th, 1999
meeting. Original copies of the grant offer by the FAA will not be made available to us until
after this date. Because of the short time frame to approve, sign and return these
documents, it is necessary to be able to gain such approval for the appropriate execution
by the County once the documents are received the following week.
Thank you for consideration of this matter:
SUBMITTED:
Pl. C. r2— ex---_
Michael A. Reisman, A.A.E.
Airport Manager
991603
P.O. Box 727 • Greeley, CO 80632 • (970)356-9141 • FAX(970)356-2643
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