HomeMy WebLinkAbout20101603.tiff RESOLUTION
RE: APPROVE GRANT AGREEMENT TO REHABILITATE PORTION OF GREELEY-WELD
COUNTY AIRPORT TAXILANES AND APRON 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 to Rehabilitate a Portion
of the Greeley-Weld County Airport Taxilanes and Apron among 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, the City of Greeley, and the Federal Aviation Administration (FAA),
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 to Rehabilitate a Portion of the Greeley-Weld County
Airport Taxilanes and Apron among 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,the
City of Greeley, and the Federal Aviation Administration (FAA) 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 21st day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
*11E La ELD COUNTY OLORADO
ATTEST: "- , gs. �I�t r 4S
ie,i ■o •I. Rademacher, C it
Weld County Clerk to the !� -r• 4'1/4,2*:‘
/ . /'
ara Kirkmeyer, rem
BY. , 1�� LZGZ .r ��
De Clerk o he oard
Sean Fr Conway
APP D AS T EXCUSED
Williarif. Garcia
ount ttorney ' cx`l R ' ��
David E. Long
Date of signature: Sill!
1s ucij \o VC ' ' P (.p4Ik( R) 2010-1603
Lc
--l\)�\t° -11-I° AP0023
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: July 22,2010
Airport: Greeley-Weld County
Project Number: 3-08-0028-22
Contract Number: DOT-FAI0NM-1071
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 21, 2010 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 a Portion of Taxilanes and Apron (Phase II),
all as more particularly described in the Project Application.
FAA Form 5100-37(7(90) 1
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 $75,000. 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(6) of the Act, the following amounts are being specified for this purpose:
$-0- for planning
$75,000 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 July 28, 2010, 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
FAA Form 5100-37(7/90) 2
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.
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.
FAA Form 5100-37(7/90) 3
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.
12. 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.
13. In accordance with Section 47108(6) 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;
FAA Form 5100-37(7/90) 4
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.
14. 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(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.
15. 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.l 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.I 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.l 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.l 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.
1. You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 orb 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
H. 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.
FAA Form 5100-37(7/90) 5
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.
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(6).
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).
FAA Form 5100-37(7/90) 6
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, D over Airpo s-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 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 day of ,2010.
CITY OF GREELEY,COLORADO
(SEAL) (Signature Sponsor's Designated Official Representative)
By:
(Typed Name of Sponsor's Designated Representative)
Attest:
(Typed Title of Sponsor's Designated Official Representative)
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 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 day of ,2010.
Signature of Sponsor's Attorney
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,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 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 2 Cck day of 1� 1 ,2010.
CITY OF GREELEY,COLORADO
See attached City of Greeley Signature Page
(SEAL) (Signature Sponsor's Designated Official Representative)
By:
(Typed Name of Sponsor's Designated Representative)
Attest:
(Typed Title of Sponsor's Designated Official Representative)
� t0� Certificate of Sponsor's Attorney
�N :'Wring 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 owne• • the Sponsor,there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the .aid r : t Agreement constitutes a
legal and binding obligation of the Sponsor in accordance with the terms thereof.
G✓e � CD 2171
day at this E day of �Jt I ,201 •
1
Signature of Sp• soy ttomey
FAA Form 5100-37(7/90) 7
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
• 'OJECT NO.3-08-0028-22
• Y� O.: DOT-FAI0NM-1071
N
ViIr T: * ; THE CITY OF GREELEY, COLORADO
i:
TT• ' y
CON
It ('
1,14-
CITY CL r 'K MAYOR
Approved as to Legal Form: Approved as to Substance:
j
City At n City Manager
Availability of Funds:
Director of Finance
FAA Form 5100-31 (7/90)
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 23rd day of July 2010.
COUNTY OF WELD,COLORADO
J `
(SEAL) `v>', (SignaVire Sponsor's esignated Official Representative)
186 i�la� w •'
GG " By: Douglas Rademacher
Attest: ■;�f�.�; ,(r
Clerk to tha� I Cl, Name off Weld d
Commissioners
7/21/2010
Chair, Board o Weld County Commissioners
i?By: �// /� �A��il_i,r�''L. �;(�li , (Typed Title of Sponsor's Designated Official Representative)
Deputy Clerk o t'1 �S;�y
ertificate of Sponsor's Attorney
1, 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 23rdiyof Jul 10.
Signa o Sponsor's Attomey
FAA Form 5100-37(7/90) 8
&oic -/6C5
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 214- day of -$..'1 i ,2010.
gNHuuntyt GREELEY-WELD COUNTY AIRPORT AUTHORITY
�a O T '.9p'.
(SEAL) a{ G F '•is (Signature Sponsor's Designated Official It sentative)
• EAL :� '
r++' By: Charles Archibeque
• O (Typed Name of Sponsor's Designated Representative)
Attest: • •• Vice Chairman
* ,xx. (Typed Title of Sponsor's Designated Official Representative)
ttttnnuouttaa.
Certificate of Sponsor's Attorney
1,Fred L. Otis ,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. I Q
Dated at �� (.O�i this 23 day of ,2010. CO .-4 .G Lz-.t L.
Signature of onsor's Attorney
FAA Form 5100-37(7/90) 9
1/1Elff1
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www.gxy..net
TO: Esther Gesick July 28, 2010
Clerk to the Board
FROM: Mike Reisma dd`.
Airport Man
RE: FAA Grant Document
Please find attached one fully executed original copy of the recent FAA grant agreement
which includes signature pages from the City and Airport Authority. This document is
being provided for the County's permanent records.
Please call me at 336-3001 if you require any additional information. Thank you again
to the staff of the Clerk's Office for its assistance in getting this grant handled in the
typical short time frame permitted by the FAA.
d e ��
c "
r,.
P.O.Box 727•Greeley,CO 80632 G red ey 970.336.3000•970.336.3030(Fax)
Jiluhtier
ICf/o1o1/NTY
A/NPD//l
www.gxynet
TO: Esther Gesick July 15, 2010
Clerk to the Board
FROM: Mike Reisma
Airport
RE: FAA Grant Agreement
The latest FAA draft grant agreement was recently received and as has become typical,
the FAA will be requiring its execution and return in rather short order. I have attached
a copy of the draft agreement, along with six copies of the County signature pages. Any
help in getting these approved and executed on the County's part as soon as possible
would be once again greatly appreciated.
Please note that at the present time it is necessary to leave the execution dates blank
on the signature sheets to ensure that they are not dated prior to the actual release date
by the FAA (which is still pending). Once the release date is known, we can enter that
date to fully complete the documents. Also, the County attorney's signature cannot be
dated prior to any of the other signatures.
Please call me at 336-3001 with any questions. Thank you again for your continued
assistance with this matter.
P.O.Box 727•Greeley,CO 80632 970.336.3000.970.33i
Greeley2010-1603
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