HomeMy WebLinkAboutbocc.res.039.1999RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
ACCEPTING THE OFFER OF A FEDERAL
AVIATION ADMINISTRATION (FAA) AIRPORT
IMPROVEMENT PROGRAM (AIP) GRANT TO ASSIST
IN THE FUNDING OF 1999 ASPEN/PITKIN
COUNTY AIRPORT CAPITAL IMPROVEMENTS
Resolution #.57 Series of 1999
RECITALS
1. Pitkin County is the owner, operator and sponsor of the Aspen/Pitkin County Airport
(Sardy Field); and
2. Pitkin County plans to undertake the rehabilitation of the air carrier apron, the installation
of infrastructure for glycol collection system, and the relocation of rental car storage and has
applied to the FAA for funding assistance; and
3. The FM has made an offer of assistance through an AIP grant, which contains certain
assurances by and obligations of Pitkin County; and
4. Pitkin County has previously (or simultaneously) budgeted and/or appropriated the grant
local funding matching share;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO:
Section 1
That the FM offer of an AIP Grant No. 3-08-0003-18 in the amount of $1,814,537 is
hereby accepted, according to the AIP grant offer (including grant assurances) attached hereto as
Exhibit "A" and incorporated herein by this reference.
Further, that the Chair is hereby authorized and directed to execute the AIP Grant Offer on
behalf of the County and any other documents necessary to complete the transaction, subject to
recommendation for approval by staff and approval as to form by the County Attorney.
Section 2
This Resolution, and Grant Agreement shall be available for public inspection during
normal business hours in the office of the Pitkin County Clerk and Recorder, Pitkin County
Courthouse Annex, 530 E. Main, Aspen, Colorado, and the office of the Director of Aviation, 0233
E. Airport Road, Suite A., Aspen, CO 81611.
Section 3
That a public hearing on this Resolution shall be held at 2:00 p.m., local time, or as soon
thereafter as the conduct of business will allow, on March 24. 1999, in a location identified by a
notice in the Pitkin County Courthouse, Aspen, Colorado.
g: 99-39
Section 4
That this Resolution shall be published prior to and after adoption by title and short
outline only.
INTRODUCED AND APPROVED BY THE BOARD AND SET FOR PUBLIC HEARING AT A
PUBLIC MEETING ON THE 10th DAY OF March 1999.
NOTICE OF PUBLIC HEARING, INCLUDING THE TITLE AND A SHORT SUMMARY OF THIS
RESOLUTION PUBLISHED (no later than ten days in advance of the public hearing thereon) IN
THE ASPEN TIMES ON THE 13th DAY OF March , 1999.
FINALLY ADOPTED, AFTER A DULY -NOTICED PUBLIC HEARING, BY THE BOARD AT A
PUBLIC MEETING ON THE 24th DAY OF March , 1999, AND EFFECTIVE AFTER FINAL
ADOPTION.
PUBLISHED, BY TITLE AND A SHORT SUMMARY, AFTER FINAL ADOPTION IN THE
ASPEN TIMES ON THE 3rd DAY OF April . 1999.
ATTEST:
Jane, Deputy County Clerk
2.
3 I ar199
Date
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By" -fir`
Q. Leslie J. Lamont, Chaerson
3
Date
APPROVED AS TO FORM:
John Ely, Co Forney
RECOMMENDED FOR APPROVAL:
Scott Smith, Director of Aviation
ADMINISTRATIVE APPROVAL:
Tom Oken, DirectoYof min. Services
resos\aipl7res
MANAGER APPROVAL:
uz�rl{1e KoncJSan, County Manager
CONTRACT #
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
APPROVED BY
RESOLUTION
# 919-39
Part I - Offer
Date of Offer: March 22,1999
Airport: Aspen-Pitkin County
Project Number: 3-08-0003-18
Contract Number: DOT-FA99NM-1020
To: County of Piticin, Colorado
(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 December 7, 1998, for a.grant of Federal
funds for a project at or associated with the Aspen-Pitkin County Airport/Sardy Field 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 air carrier apron (Phase 2) and construct south replacement air
carrier apron,
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 $1,814,537. 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
$1,814,537 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, as amended.
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 priorto 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 30, 1999, or such subsequent date as may
be prescribed in writing by the FAA.
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 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 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 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
contact, 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 contact
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 contact
specifications (D 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
FAA Form 5100-37 (10/89) 3
(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 fmal 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 (a), 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."
15. 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.
16. 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.
FM 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
c
Manager, 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.
Executed this
(SEAL)
Attest:
Title:
Certificate of Sponsor's Attorney
19 't
APPROVED BY BOCC
11 ON 3r?y-99
--t-.
I, zI 04 , E. y 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 with the terms thhee-Masan
at ? i + V I fl Cew1 this o& `� - day of f ► t asan
Signature of Spo., orney
FM Form 5100-37 (7/90) 5