HomeMy WebLinkAboutbocc.res.118.2003 EMERGENCY RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITK1N COUNTY,
COLORADO
ACCEPTING THE OFFER OF FEDERAL
AVIATION ADMINISTRATION (FAA) AIRPORT
IMPROVEMENT PROGRAM (AIP) GRANT TO ASSIST
1N THE FUNDING OF ASPEN/PITKIN
COUNTY AIRPORT CAPITAL IMPROVEMENTS
Resolution #/Icl('., Series of 2003
RECITALS
1. Pitkin County is the owner, operator and sponsor of the Aspen/Pitkin County Airport
(Sardy Field).
2. Pitkin County is completing certain airport improvements and has applied to the FAA for
funding assistance.
3. The FAA has made an offer of assistance through the AlP grant offer, which contains certain
assurances by and obligations of Pitkin County.
4. Pitkin County has previously budgeted and 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 FAA grant offer of AIP Grant No. 3-08-0003-27 in the amount of $5,952,673 attached
hereto and incorporated herein by this reference s approved.
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 the Grant Agreement shall be available for public inspection during normal
business hours in the office of the Pitkin County Clerk & Recorder, Pitkin County Courthouse
Annex, 530 E. Main Street, Aspen, Colorado 81611 and the office of the Director of Aviation,
0233 E. Airport Road, Suite A, Aspen, Colorado 81611
INTRODUCED, READ, AND APPROVED AT THE REGULAR MEETING ON THE 2 nd
DAY OF SEPTEMBER 2003.~ ~u~^~SH~, 4:~' ¢o~5~.*,.*~-0~¥ to~¢ £~v~. o~ ~-/~'~
~ ~TST: ~ BO~ OF CO~TY COMMISSIONERS
~ ~ OF P~K~ CO~TY, COLO~O
[nette Jones,
:puty Clerk an~ [ecorder Chai~son
/5/v
Date Date
APPROVED AS TO FORM: MANAGER. AP-~ -PROVAL:
County Manager
RECOMMENDED FOR APPROVAL:
James P. Elw0~o~d, A.A.I~., ! Tom Oken, Treasurer and
Director of Aviation Chief Financial Officer
CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCH/VING
Originating Person:Department/Divisi°n:'~... '~t.~: ~ ' tt~-/~)"'
Contact ~ ~-~< ' - -
Phone ii: C] ?t~- .~0- ._&',} g>4 ~X ~'S-a~
BOCC AGENDA ITEM (BOCC signature required)
STAFF AUTHORIZED SIGNATURE (as per Procurement Code)
Check Contract Type: Dollar Amount: ~-", c/:5'-~, ~7~
Services
Maintenance
License/Use
Lease
Construction
Purchase
__Employment
__Intergovernmental Agreement (Requires BOCC Action)
Non Profit
__.Quasi-Public
w/ Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K - Department Head
25-50K - Department Head (if appropriate), Section Leader
Over 50 K - Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name): fi".~r~jdff
Contract Start Date: ~tct/z4AT/-' ,'~3 C~ntract End Date:
Automatic Renewal (Y/N)0 ~
All Contracts should be proofed for the following:
· No Pages Missing
If a Page is Left Intentionally Blank - Note on Page
· Page numbered consecutively
· All Signatures Affixed
· All Dates Filled In
· All Other Blanks Filled In
· All Exhibits Attached
· All Legal Descriptions Attached (if appropriate)
· Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date:.
Authorized Staff Person
Signature of authorized staff person indicate that document has been proofed and ready
ibc scanning.
Note: Clerk's Office ~vill keep original documents in compliance with Colorado
State Archives retainage schedule.
M\procurement\training\clerknarrative.doc
U,S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: August 29, 2003
Airport: Aspen-Pitkin County/Sardy Field
Project Number: 3-08-0003-27
Contract Number: DOT-FA03NM-1126
To: County of Pitkin, 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 March 24, 2003, for a grant of Federal funds
for a project at or associated with the Aspcn-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:
Improve Runway 15/33 safety area (relocate parallel Taxiway "A" from
existing connector Taxiways "A6" to "A8" and construct connector Taxiway
"A5"),
alt as more particularly described in the Project Application.
FAA Form 5100-37 (7/90) 3.
Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, herein called "the Act", 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 per centum thereof.
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 $5,952,673. For the purposes of
any future grant amendments which may increase the foregoing maximum obligation of the United States under
the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose:
S-O-for planning
$5,952,673 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 10, 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 ho~vever 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
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. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as
stated in Condition No. 1 of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than l 5 percent for land projects.
12. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum
grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent
(5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter
from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and
allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the
amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a
change in the grant description is advantageous and in the best interests of the United States, the change in
grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned
letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description
is amended to the description specified.
13. 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.
14. It is understood and agreed by and between the parties hereto that the United States shall not participate in the
cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the
Sponsor is legally responsible for payment of such costs. FAA participation will be limited to those utilities
located on private right-of-way or utilities that exclusively serve the Airport.
FAA Form 5100-37 (7/90) 3
15. 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
outlined below:
An effective pavement maintenance management program is one that details the procedures to be followed to
assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use
any form of inspection program it deems appropriate. The program must, as a minimum, include the following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed,
reconstructed or repaired with federal financial assistance shall be so depicted.
b. Inspection Schedule
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set
forth in Advisory Circular 150/5380-6 "Guidelines and Procedures for Maintenance of Airport
Pavements," the frequency of inspections may be extended to three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to
detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The types of
distress, their locations and remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so
long as the information and records produced by the pavement survey can be retrieved to provide a report
to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6 "Guidelines and Procedures for Maintenance of
Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines and recommended methods of repair are presented.
16. The Sponsor agrees to perform the following:
FAA Form 5100-37 (7/90) 4
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.
(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 (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.
FAA Form 5100-37 (7/90) [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 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 effective upon the Sponsor's acceptance of this Offer.
United States of America
Federal Aviation Administration
Acting a~M~ger, 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 t~ ~---J~'-- day of ,~-~"/"~ · ,20 ~? 3
COUNTY OF PITKIN, COLORADO
By: SP n~r's Designated 0~a~l Representative
Attest: Title: Y~gtgd 6
Certificate of Sponsor's Attorney
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 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 /' ? this r~_ day of :' - '
Signature of Sponsor's Attorney
FAA Form 5100-37 (7/90) 6