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HomeMy WebLinkAboutbocc.res.034.2005EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING GRANT OFFERS OF THE FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROGRAM (AIP) TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY AIRPORT CAPITAL IMPROVEMENTS Resolution # O.~q, Series of 2005 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 is intending to make an offer of assistance through the AIP grant offer(s), which contains certain assurances by and obligations of Pitkin County. 4. Adjustments are made to the year 2005 budget as follows: Previous Budget This Change Revised AIP Capital Funding404.69.94799.86900 $14,665,788 $3,334,212 $18,000,000 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: Section 1. That the FAA grant offer(s) up to the amount of up to $18,000,000 is approved. Further, that the Chair is hereby authorized and directed to execute AIP Grant Offer(s) 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, FIRST. READ, AND ADOPTED ON APRIL 5, 2005 AND SET FOR PUBLIC HEARING ON ?~/'i~/~ ~ ,2005. NOTICE OF CONFIRMATORY PUBLIC HEARING PUBLISHED 1N THE ASPEN TIMES ON APRIL 1~/ 2005. CONFIRMED AT A PUBLIC HEARING At/Off.//.. ,,~ ? , 2005. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION IN THE ASPEN TIMES ON THE ~' ~-~ DAY OF M f~-Y' ,2005. ATTEST: je~etteJdn~s~v' CDeputy Clerk and Recorder Date BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO BY:Patti-Kay Clap~p r,~ Chairperson Date APPROVED AS TO FORM: John Ely, Count~ey ~'' MANAGER APPROVAL: Hilary F10her Smith, C%urffy Manager -- RECOMMENDED FOR APPROVAL: J~wood, A.A.E., Director of Aviation Tom Oken, Treasurer and Chief Financial Officer U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer From: County of Pitkin, Colorado (herein called the "Sponsor") Date of Offer: Airport: Project Number: Contract Number: DUNS Number: March 31, 2005 Aspen-Pitkin County/Sardy Field 3-08-0003-31 DOT-FA05NM-1002 111305090 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 October 13, 2004, 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: Improve Runway 15/33 safety area including object free area (relocate Taxiway "A" from Taxiways "A2" to "A4"), all as more particularly described in the Project Application. FAA Form5100-37 (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 Applica.tion 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, 95.00 per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS The maximum obligation of the United States payable under this offer shall be $6,723,300. 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 $6,723,300 for airport development and noise program implementation. 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. 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. The Sponsor shall carry out and complete the Project without undue delays 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. 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 April 8, 2005, 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 deterrrfination of the amount of the Federal share or to any settlement, litigation, negotiation, or FAA Form 5100-37 (7/90) 10. 11. 12. I3. 14. 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. 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 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. Unless otherwise approved by the FAA, the Sponsor 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. 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 15 percent for land projects. 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 deterrrfines 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. 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. 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: FAA Form5100.37 (7/90) 15. PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management p[ogram 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: 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 (Al?) 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. Co 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. 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. The Sponsor agrees to perform the following: 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: FAA Form5~00-37 (7190) 16. (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. (s) A listing of ail 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. 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. 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. 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. The sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant services, the Sponsor agrees to make payment only for work that has been satisfactorily completed. It is understood by and between the parties hereto that the approximate value of the final project documentation is ten percent (I 0%) of the total value of the consultant services contract, and the amount will not be paid to the Consultant until acceptable final project documentation is provided. FAA Form 5100-37 (7/90) 5 7 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 Un/ted 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 Mana~'~r, D~nver/i~portsJDistr~ict 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 ~ ~ day of (SE^I~) ~ ~ COUNTY OF PITKIN, COLORADO Sponsor's Designate~d fficial Representative Certificate of Sponsor s Attorney I, _5 , , , acting as Attomey for the Sponsor do hereby certify: That in my ophiion 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 th 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 /~ff/'/, fD /~)F~Lo this k~'~ ' ,/ day of /5]~/ ,20 ~ S~gnature of Sponsor's A~ J FAA Form 5100-37 (7/90)