HomeMy WebLinkAbout20112328.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROJECT TO
REHABILITATE TAXIWAY 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 an Airport
Improvement Project to Rehabilitate the Taxiway among the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, the Greeley-Weld County
Airport Authority, the City of Greeley, and the Federal Aviation Administration, commencing
upon full execution, with further 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 an Airport Improvement Project to
Rehabilitate the Taxiway among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, the Greeley-Weld County Airport Authority,
the City of Greeley, 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
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Barbara Kirkmey , Chair /
Weld County Clerk to th cp
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BY:
I • i._.a� �I/, . -: ` ` ,Deputy dlerk to the Bo! :♦ ' �� �/�'/
Wjll�am F. Gareia-
APPRO ED A RM: O�V ckA
avid E. Long
C unty Attorney _ 4>( kvia
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Dougla4 Rademach r
Date of signature: 9-
CAA•• WP 2011-2328
q- 15 ll AP0023
U.S. Department Denver Airports District Office
26805 E.68' Avenue, Room 224
of Transportation Denver, Colorado 80249
Federal Aviation
Administration
PLEASE READ BEFORE EXECUTING GRANT
August 17, 2011
The Honorable Thomas E.Norton
Mayor of Greeley
1000 10th Street
Greeley, Colorado 80631
Mr. Douglas Rademacher,Chairman
Weld County Commissioners
P.O. Box 758
Greeley,Colorado 80623
Mr. William Garcia, Chairman
Greeley-Weld County Airport Authority
P.O. Box 727
Greeley, Colorado 80632
Dear Mayor Norton, Commissioner Rademacher, and Mr. Garcia:
Enclosed are four copies of a grant offer for Airport Improvement Program Project No. 3-08-0028-
23 for the Greeley-Weld County Airport in which $600,000 of Federal funds have been obligated to
accomplish the project described on page 1 of the grant offer. Please complete Part I1 (Acceptance)
by having the authorized officials execute the last page of the grant offer.Certification by the
attorney should be completed following the acceptance and dated on or after the acceptance
date.
Your normal procedures for accepting documents such as this in accordance with local and state law
should be followed, but evidence of such procedure is not required by the Federal Aviation
Administration.
After execution and certification of the grant agreement, please return one copy to this office. The
other copies are for your records.
All applicable project-related requirements pertaining to environmental analysis and approval for this
grant have been met in accordance with the guidelines contained in FAA Order 5050.4B, Airport
Environmental Handbook(2006).
Sincerely,
Gn
John P. Bauer, anager
De r Airports District Office
Enclosures
2011-2328
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: August 17,2011
Airport: Greeley-Weld County
Project Number: 3-08-0028-23
Contract Number: DOT-FA11NM-1057
DUNS#: 165002726
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 January 20, 2011 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:
Rehabilitate Taxiway(Taxilanes)
all as more particularly described in the Project Application.
FAA Form 5100-37 (7/90) 1
c>?(Y/
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, 95.00 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 $600,000. For the purpose 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:
$-0-for planning
$600,000 for airport development.
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 8, 2011, 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
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, who 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
Required For Use In AIP Funded and PFC Approved Projects," dated June 2, 2010, and included in this grant,
and in accordance with applicable state policies, standards, and specifications approved by the Secretary.
10. 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.
11. 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 C-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:
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
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.
FAA Form 5100-37 (7/90) 3
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.
12. 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.
FAA Form 5100-37(7/90) 4
(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, and 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 that did not meet the applicable test standard. The report
shall include the pay reductions applied and the reasons for accepting any out-of-tolerance material. An
interim test and quality control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, 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.
13. 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.
14. 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 or by an amount not to exceed 25 percent of the total increase
in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on
current credible appraisals or a court award in a condemnation proceeding.
15. The Sponsor agrees to comply with the Assurances attached to this offer, which replaces the assurances that
accompanied the Application for Federal Assistance.
16. 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
FAA Form 510037 0/90) 5
and between the parties hereto that the approximate value of the final project documentation is ten percent (10%)
of the total value of the engineering services contract, and that amount will not be paid to the Engineer until
acceptable final project documentation is provided.
17. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a
subrecipient that is a private entity—
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.1 of this award term through conduct that is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may
unilaterally terminate this award,without penalty, if a subrecipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated
an applicable prohibition in paragraph a.1 of this award term through conduct that is either--
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49
CFR Part 29.
c. Provisions applicable to any recipient.
I. You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a.l of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22
U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.l of this award term in any subaward you make to a private
entity.
d. Definitions. For purposes of this award term:
1. "Employee"means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or
program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
FAA Form 5100-37 (7/90) 6
•
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude,peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those
terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at
section 103 of the TVPA, as amended (22 U.S.C. 7102).
18. The Sponsor shall provide for a Single Audit in accordance with Office of Management and Budget Circular A-
133. The Sponsor shall submit the Single Audit reporting package to the Federal Audit Clearinghouse on the
Federal Audit Clearinghouse's Internet Data Entry System at http: /harvester.census.roy the'collect'ddeindex.html.
The Sponsor shall also provide one copy of the completed A-133 Audit to the Denver Airports District Office.
FAA Form 5100-37 (7/90) 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 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
Manager, nver Ai s District Office
Part II - Acce ance
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 do hereby accept this Offer and by such
acce tapeQsomply with all of the terms and conditions in this Offer and in the Project Application.
' tt4' of ,2011.
G(iEt%)
CITY OF GREELEY,COLORADO ��//////''11
'\ t 1 Sponsor's Designated Official Representative�Title: / Q
Title: aith)
Certificate of Sponsor's Attorney
h , 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 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 G+' s,r Co this 3"'
+.1 day of Rt^:)u.ST 2011.
Signature of Sponsor's Attorney
FAA Form 5100-37 (7/90) 8
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 do 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 29th da�'rtjas ' 2011.
•
, COUNTY OF WELD,COLORADO
tee,1 •
/42
.� ,\ 7 �J/
(SEAL) %<(I w.. /_Sponsor's Designated Offi ial Representative
•
or 1 { l '"i
Attest: Title: Chair, Board of Weld County Commissioners
C/7,�/rk to t Boa LUG 2 9 2011
By iQCdll9
Deputy Cle to the Board
Certificate of Sponsor's Attorney
I, Bruce 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 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 Greeley. CO this 29thday of August . 2201 LV„si � n�
gn tur of Sponsor's Attorney
FAA Form 5100-37(7/90) 9
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 do 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 29th day of Au:ust 2011.
Lfl a% GREELEY-WELD COUNTY AIRPORT
AUTHORITY
1561 t.O p
(SEAL) c "- ' %1 Sponsor' , esignat Official Representative
Attest: Title: Ch ir, Airport Authority
Cle . to the '' .rd
By: / i - .L.c t
deputy Cler to 'the Board
Certificate of Sponsor's Attorney
I, /7/6/O/1 1 S7/ f4{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 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 G/r/%i l7 LO this '/' day of A#ie / ,2011.
a Sis At
/t
Sig
FAA Form 5100-37 (7/90) 10
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