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HomeMy WebLinkAbout20151908.tiff RESOLUTION RE: APPROVE GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROJECT TO REHABILITATE RUNWAY 16/34 (PHASE 1 - DESIGN) AND REHABILITATE TAXIWAY "C" AND ASSOCIATED CONNECTORS (PHASE 1 - DESIGN) 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 Runway 16/34 (Phase 1 - Design) and Rehabilitate Taxiway "C" and Associated Connectors (Phase 1 - Design) 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 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 an Airport Improvement Project to Rehabilitate Runway 16/34 (Phase 1 - Design) and Rehabilitate Taxiway "C" and Associated Connectors (Phase 1 - Design) 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 grant agreement. CC (6C);writ) Rick Eke 2015-1908 AP0023 GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROJECT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C.(��'t C� •4 t-rz,4m / ,riiz-- /Wl p• arbara Kirkmeyer Chair / Weld County Clerk to the Board . Mike Freeman, Pro-Tem B f 0 ! �_ ll.....,..��'""*► D p y Clerk to the roar.,"'? t .�� Z e- ----� I can P. Con ay -daAP.R ED AS, RM`�,,t ,4ct$/`n.: l r ' r Cozad ..,: attorney �`� .\ \ ...7,- 1-4-e-- =2 Steve Moreno / Date of signature: — 2015-1908 AP0023 C U.S. Department Northwest Mountain Region Denver Airports District Office of Transportation Colorado, Idaho,Montana,Oregon, 26805 East 68'"Avenue,Suite 224 Federal Aviation Utah,Washington,Wyoming Denver,Colorado 80249 Administration Phone: (303)342-1254 Fax: (303)342-1260 June 24,2015 The Honorable Thomas E.Norton Mayor of Greeley 1000 10th Street Greeley,Colorado 80631 Ms.Barbara Kirkmeyer, Chair Weld County Commissioners P.O.Box 758 Greeley,Colorado 80623 Mr. Sean Conway,Chair Greeley-Weld County Airport Authority P.O.Box 727 Greeley,Colorado 80632 Dear Mayor Norton,Commissioner Kirkmeyer, and Mr. Conway: We are enclosing four copies of the Grant Offer for Airport Improvement Program(AIP)Project No. 3-08- 0028-024-2015 at the Greeley-Weld County Airport. Please read this letter and the Grant Offer carefully. To properly enter into this agreement,you must do the following: • The governing body must pass a resolution and execute the grant,along with your attorney's certification,by July 24;2015, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • The Sponsor's attorney must sign and date the grant agreement after the Sponsor. • We ask that you return one executed copy of the Grant Offer. Please keep the other copies of the grant for your records. Subject to the requirements in 49 CFR§ 18.21,each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please note Grant Condition No.4 requires you to complete the project without undue delay. To ensure proper stewardship of Federal funds,you are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis,your grant may be placed in"inactive"status which will impact future grant offers. Until the grant is completed and closed,you are responsible for submitting formal reports as follows: • A signed/dated SF-270(non-construction projects)or SF-271 or equivalent(construction projects)and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open(due December 31 of each year this grant is open);and 2015-1908 2 • Quarterly Performance Reports is due within 30 days from the end of every quarter. Once the project is completed and all costs are determined,we ask that you close the project without undue delay and submit the final closeout report documentation as required by FAA's Denver Airports District Office. A copy of a"Single Audit Certification Form"is enclosed. Please complete and return a copy to our office with the executed Grant Agreement. Please make a copy for your files. Kevin Luey is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. If you should have any questions,please contact Kevin at(303)342-1253. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, �2 V John P.B er Manager, enver Airports District Office Enclosure U.S.Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I—OFFER Date of Offer June 24,2015 Airport/Planning Area Greeley-Weld County Airport AIP Grant Number 3-08-0028-024-2015 (Contract No. DOT-FA15NM-1023) DUNS Number 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 March 16, 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 16/34(phase 1-design); Rehabilitate Taxiway"C"and associated connectors (phase 1—design) 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 revised on April 3, 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. 1page 3 - 08-0028 - 024-2015 o?ocr—/9og (0 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$300,000. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $0 for planning $300,000 for airport development or noise program implementation $0 for land acquisition. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. 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. 4. 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. 5. 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. 6. 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 July 24, 2015, or such subsequent date as may be prescribed in writing by the FAA. 7. 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 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. 8. United States Not Liable for Damage or Injury. The United States is 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. 9. 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. 2 ' Page 3 - 08- 0028 - 024-2015 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 866-492—0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(si. 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. 11. 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 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. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. 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. 13. 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. 14. 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 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. 15. 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. 16. 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.gov/facweb/. The Sponsor must also 3 ! Page 3 - 08- 0028 - 024-2015 provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FM when the Sponsor suspends or debars a contractor, person,or entity. 18. 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 19. 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,subrecipients of private or public Sponsors(private entity)are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 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 FAA, Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FM 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 Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 20. Exhibit A Included with Grant Application. The Exhibit "A" updated January 9, 2015, submitted with the project application is made a part of this grant agreement. 21. 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 February 11, 2015, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 22. Final Project 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 4 ( Page 3 - 08- 0028 - 024-2015 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. 23. AGES 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. 24. 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. 5IPage 3- 08 - 0028- 024 -2015 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIA� MIN/I�STRATION ( natu ) Jo P.Bauer ( ped Name) Manager,Denver Airports District Office (Title) 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. I declare under penalty of perjury that the foregoing is true and correct.' Executed this Cl day of .Yt.� <<,1 , l �`> . CITY OF GREELEY,COLORADO (Na e o onsor) (S!natu e of Sponsor's Designated Official Representative) By: 3714 d (, 3 (Printed Name of Sponsor's Designated Official Representative) Title: 11143yO4. P o -Tr*, (Title of Sponsor's Designated Official Representative) i CERTIFICATE OF SPONSOR'S ATTORNEY I, -Ds--5 ca_c •k: Ple.t,•- / c,-{-6-,rq,1acting 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 3-'5o (rl\this 9All-- day of �-k-i..\y , i5 By "1 "-1/L (Si ature of Sponsor's Attorney) 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. 6IPage 3 - 08 - 0028 - 024 -2015 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 S� day of k/(,dL/ , R0/cJr COUNTY OF WELD,COLORADO (Name of Sponsor) (Signature of 5 onsor's Desig tedOfficial Representative)- JUL-1 2015 BY: Barbara Kirkmeyer (Printed Name of Sponsor's Designated Official Representative) Title: Chair, Board of Weld County Commissioners (Title of Sponsor's Designated Official Representative) 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. .a Si- Dated at rip,' this / day of cLL/V AO/ . I B _ ignature f Sponsor's At rney) 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. 7IPage 3-08-0028-024-2015 ao/5-/908 CO 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.3 Executed this /r77 day of 327 /7 , ( S` GREELEY-WELD COUNTY AIRPORT AUTHORITY (Name of Sponsor) C tO(A c LOG i? ( (Signature of Sponsor's Designated Official Representative) By: \J0iYY VCU (�� (de f (Printed Name of Sponsor's Designated Official Representative) Title: IC c, Chaff r gl(Aide hIV - A u ov�� 7 (Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY I,bu/U 'AM Z. (i- ?0St ER ,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 aCO this /z/A day of a O /5-. By / L ;' (Si, a''a or's Attorney) s 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. 8IPage 3 - 08 - 0028 - 024 -2015 I GRANT AGREEMENT - FEDERAL AVIATION ADMINISTRATION ( FAA) STAFF APPROVAL PAGE ATTEST ' BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY , C • LORADO BY : a ft 14 • = oeir L - . : arbara Kirkme r Chair - 2015 De . uty Clerk to the �. � � � � _ � y j L 1 4$ cir* est orntsh Lan gm OVED AS O F DEW ,� ' er*rler APPRO � IAS E : T SUBSTANC\ ��.14y/ SHOP ,./7 "a 14:4 7.4 min% - tqlja Controller -- -- cf Elected_ Offici epartment Head soar APPROVED S TO FORM : - N/A- . Director of General Services County Attorney aO/5- /A o g (it) Hello