HomeMy WebLinkAbout20162746.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR REHABILITATION OF RUNWAY 17/35,
TAXIWAY "C" AND ASSOCIATED CONNECTORS 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 the Rehabilitation
of Runway 17/45, Taxiway "C" and Associated Connectors among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, from the
Greeley -Weld County Airport Authority, City of Greeley, and United States Department of
Transportation, Federal Aviation Administration, commencing upon the full execution of signature,
and ending with further terms and conditions being as stated in said grant agreement, and
WHEREAS, after review, the Board deems it advisable to approve said grant 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 Rehabilitation of Runway 17/45, Taxiway "C",
and Associated Connectors 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, City
of Greeley, and United States Department of Transportation, Federal Aviation Administration, be
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern be, and hereby is,
authorized to sign said grant 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., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES1ditAgAi jde.o;ok.
Weld County Clerk to the Board
BY:
APP
ounty Attorney (I'
EXCUSED
Mike Freeman, Chair
•
Sean P. Conway, Pro -Tern
rbara Kirkmey
Date of signature: f9 '/ (c
cc. c,a CLr
OI/93/1'7
i z Steve Moreno
2016-2746
AP0024
3-08-0028-025-2016
ea
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I — OFFER
Date of Offer
Airport/Planning Area
AIP Grant Number
DUNS Number
August 29, 2016
Greeley -Weld County Airport
3-08-0028-025-2016 (Contract No. DOT-FA16NM-1068)
165002726
TO: City of Greeley and County of Weld, Colorado and the Greeley -Weld County Airport Authority
(herein called the "Sponsor") (For Co -Sponsors, list all Co -Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a
Co -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 November 24, 2015, for a grant of Federal
funds for a project at or associated with the Greeley -Weld County Airport, which is included as part of this Grant
Agreement; and
WHEREAS, the FAA has approved a project for the Greeley -Weld County Airport (herein called the "Project") consisting
of the following:
Rehabilitate Runway 17/35; Rehabilitate portions of Taxiway "C" and associated connectors
which is more fully described in the Project Application.
NOW THEREFORE, according to the applicable provisions of the former Federal Aviation Act of 1958, as amended and
recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended
and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations
contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant
Assurances dated March 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions
as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the
Project.
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This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $5,879,666OWT.
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing
allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the
United States under the provisions of 49 U.S.C. § 47108(b):
$0 for planning
$5,879,666 gia, LYt for airport development or noise program implementation
$0 for land acquisition.
2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this
agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the project period
of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs forobligations incurred prior to the end date of the period of
performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90
calendar days after the end date of the period of performance (2 CFR § 200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend
beyond the closeout of a grant agreement.
3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
4. Indirect Costs — Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate
identified in the project application and as accepted by the FAA to allowable costs for Sponsor direct salaries and
wages.
5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in
accordance with the regulations, policies and procedures of the Secretary. 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.
6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and
complete the project without undue delays and in accordance with this agreement, and the regulations, policies
and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this
agreement.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this
offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date. This offer will expire and the United States will 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 XX, 2016, or such
subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds. The Sponsor must 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 dispersed by the Sponsor that were originally paid
pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as
to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered
Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must
furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount
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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 require advance approval by the Secretary.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to
property or injury to persons which may arise from, or be incident to, compliance with this grant agreement.
11. System for Award Management (SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until
the Sponsor submits the final financial report required under this grant, or receives the final payment,
whichever is later. This requires that the Sponsor review and update the information at least annually after the
initial registration and more frequently if required by changes in information or another award term.
Additional information about registration procedures may be found at the SAM website (currently at
http://www.sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its
DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters
into an agreement with the Sponsor to provide services or other work to further this project, and is
accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be
provided through any legal agreement, including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS
number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned
by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained
from D & B by telephone (currently 866-606-8220) or the Internet (currently at
http://fedgov.dnb.com/webform).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation
(DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. 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 or five
percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the
maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total
actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the
statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not
apply to the "planning" component of Condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative
errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all
projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or
terminate this grant.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting
requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance 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
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be used for any project for which funds are provided under this grant. The Sponsor will include a provision
implementing Buy American in every contract.
17. Maximum Obligation Increase for Nonprimary Airports. In accordance with 49 U.S.C. § 47108(b), 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.
18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The
Sponsor must 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.Rov/facweb/. The Sponsor must also
provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office.
19. Suspension or Debarment. When entering into a "coveredtransaction" as defined by 2 CFR § 180.200, the
Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management
(SAM) to determine if non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or
disqualified from participating.
B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g.
Sub -contracts).
C. Immediately disclose to the FAA whenever the Sponsor: (1) learns they have entered into a covered
transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity.
20. Ban on Texting When Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving,
October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is
encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including
policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal
government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting
while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants,
contracts and subcontracts
21. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a
State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor
employees, and subrecipients of private or public Sponsors (private entity). Prohibitions include:
1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect;
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2. Procuring a commercial sex act during the period of time that the agreement is in effect; or
3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under
the agreement.
B. In addition to all other remedies for noncompliance that are available to the FM, Section 106(g) of the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to
unilaterally terminate this agreement, without penalty, if a private entity —
1. Is determined to have violated the Prohibitions; or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either —
a. Associated with performance under this agreement; or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on
Government -wide Debarment and Suspension (Nonprocurement)," as implemented by the FM at 2
CFR part 1200.
22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated January 9, 2015, is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
23. Co -Sponsor. The Co -Sponsors understand and agree that they jointly and severally adopt and ratify the
representations and assurances contained therein and that the word "Sponsor" as used in the application and
other assurances is deemed to include all co-sponsors.
25. Current FAA Advisory Circulars for AIP Projects: 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 December 31,
2015, and included in this grant, and in accordance with applicable state policies, standards, and specifications
approved by the Secretary.
26. Assurances: The Sponsor agrees to comply with the Assurances attached to this offer, which replaces the
assurances that accompanied the Application for Federal Assistance.
27. Pavement Maintenance Management Program: The Sponsor agrees that it will implement an effective airport
pavement maintenance management program as required by Grant Assurance Pavement Preventive
Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. The Sponsor further agrees that the
program will
1) Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,"
for specific guidelines and procedures for maintaining airport pavements, establishing an effective
maintenance program, specific types of distress and its probable cause, inspection guidelines, and
recommended methods of repair;
2) Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and
repair, is performed;
3) Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference,
meeting the following requirements:
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.
b. Inspection Schedule.
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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 the Advisory Circular 150/5380-6, 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. For drive -by inspections, the date of inspection and
any maintenance performed must be recorded.
4) 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 type of distress, location, and
remedial action, scheduled or performed, must be documented. The minimum information is:
a. inspection date;
b. location;
c. distress types; and
d. maintenance scheduled or performed.
5) Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by
the pavement survey to provide a report to the FM as may be required.
28. Projects Which Contain Paving Work hi Excess of $500,000: The Sponsor agrees to:
1) Furnish a construction management program to the FAA prior to the start of construction which details 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 must include as a minimum:
a. 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.
b. 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.
c. Procedures for determining that the testing laboratories meet the requirements of the American Society of
Testing and Materials standards on laboratory evaluation referenced in the contract specifications (0 3666,
C 1077).
d. Qualifications of engineering supervision and construction inspection personnel.
e. 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.
f. 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.
2) Submit at completion of the project, a final test and quality assurance report documenting the summary
results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable
test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -
tolerance material. Submit interim test and quality assurance reports when requested by the FAA.
3) Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent
any compelling justification; result in a reduction in Federal participation for costs incurred in connection with
construction of the applicable pavement. Such reduction will 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.
4) 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.
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29. Final Protect Documentation: The Sponsor understands and agrees that in accordance with 49 USC 47111, and
the Airport District Office's concurrence, that no payments totaling more than 97.5 percent of United States
Government's share of the project's estimated allowable cost may be made before the project is determined to be
satisfactorily completed. Satisfactorily complete means the following: (1) The project results in a complete, usable
unit of work as defined in the grant agreement; and (2) The sponsor submits necessary documents showing that
the project is substantially complete per the contract requirements, or has a plan (that FAA agrees with) that
addresses all elements contained on the punch list.
30. AGIS Requirements: Airports GIS requirements, as specified in Advisory Circular 150/5300-18, apply to the project
included in this grant offer. Final construction as -built information or planning deliverables must be collected
according to these specifications and submitted to the FAA. The submittal must be reviewed and accepted by the
FAA before the grant can be administratively closed.
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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.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this
29th
Bruce T. Barker
day of August 2016
By:
Title:
COUNTY OF WELD, COLORADO
(Name of Sponsor)
p
(Signature of Sponsor's Authorize
Sean P. Conway
(Printed Name of Sponsor's Authorized Official)
Chair Pro-Tem
(Title of Sponsor's Designated Authorized Official)
CERTIFICATE OF SPONSOR'S ATTORNEY
, 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 Weld (location) this 29th day of August
2016
(Signature of Sponsor's Attorney)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False
Statements) and could subject you to fines, imprisonment, or both.
91
JVIATIOM
GXI' Grant 3-01-0028-025
Project Vawrnitl6H I`:-
1km ) T
Federal (90%),
Statt1$% `>
lieii 604.4
= Total
:. .i:: IMinelManaus
RW 17/35
Rehabilitation
Total Grant Amount:
$0,500,000.00
$250,000.00
$250,000.00
$5,000,000.00
Total
hiation (Design
SI)I, 41- (Ili
Remaining design 5464.780.00 -5333.333-00=$131,44700
.lvialion (CA)
5458,112010
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Administration
Sl400un0
Two rounds of bidding i ncrease A dm In hum 55.000 to SI 0,000 to cover.
Conch ctinn
55,91.,087 .50
$6,514,647.46
S5863,: Re 'I
$ 511,01jt00 i $10 I;16I O
$6,514,64'46
Grant :\mount
Remaining
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