HomeMy WebLinkAbout971895RESOLUTION
RE: APPROVE FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT FOR
AIRPORT EXPANSION 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 Airport
Expansion between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Federal Aviation Administration, with 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 Airport Expansion between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
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 3rd day of September, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
Dale K. Hall
to the Board
ed: /9P; GI
WELD QOUNTY, COLO ADO
!Georget. Baxter, Chair
EXCUSED
ance L. Harbert
arbara J. Kirkmeyer
W. H Webster
971895
AP0008
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer: AUG 2 8 1997
Airport: Greeley -Weld County Airport
Project Number: 3-08-0028-08
Contract Number: DOT-FA97NM-1047
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 May 19, 1997, 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:
Acquire land (Parcels 22, 26, 28, and 29); relocate utilities; site preparation for
Runway 16/34 and parallel taxiway,
all as more particularly described in the Project Application.
FAA Form 5100-37 (7/90) 1
971895
Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, as
amended, 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,
90.00 percent.
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 $3,023,742. For the purposes of
any future grant amendments which may increase the foregoing maximum obligation of the United States under
Title 49, U.S.C., section 47108(b), the following amounts are being specified for this purpose:
$-0- for planning
$3,023,742 for airport development and noise program implementation
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 provisions of Title 49, U.S.C., subtitle VII, Part B.
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 17, 1997, 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
971895
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 which 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 for
AIP Projects," dated May 1, 1995, and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
10. Unless otherwise approved by the FAA, it 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.
11. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant
agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49,
U.S.C., Section 47108(b) to cover increased eligible and allowable development project costs. Upon approval of
the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount.
Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the
United States will be adjusted to the amount specified.
12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere
to this provision may cause the letter of credit to be revoked.
13. The Sponsor agrees to perform within five years of this grant the airport development which requires this land
acquisition, and further agrees not to dispose of the land by sale or lease without prior consent and approval of
the Federal Aviation Administration. In the event the land is not used within the five years for the purpose for
which it was acquired, the Sponsor will refund the Federal share of acquisition cost or the current fair market
value of the land, whichever is greater.
14. It is understood and agreed by and between the parties hereto that until the Sponsor has submitted evidence that it
has acquired a fee title or such lesser property interest as may be found satisfactory to the FAA in and to Parcels
22, 26, 28, & 29, as shown on the property map attached hereto and identified as Exhibit "A", or any portion
thereof for which grant payment is sought, subject to no liens, encumbrances, reservations or exceptions which in
the opinion of the FAA might create an undue risk or interference with the use and operation of the airport, the
United States will not make nor be obligated to make final payment.
15. By its acceptance hereof the Sponsor covenants and agrees that it will clear Parcels 22, 26, 28, & 29, as shown on
Exhibit "A" of any existing structures prior to final payment under the project and that it will not erect nor permit
the erection of any permanent structures therein except those required for aids to air navigation or those which
may be specifically approved by the FAA.
FAA Form 5100-37 (7/901 3
971895
16. It is understood and agreed that adequate property interest for parcels 22, 26, 28, & 29, shall be as determined by
the Administrator. It is further understood and agreed that should there be a change in the land interests shown
on the Exhibit "A" for parcels 22, 26, 28, & 29, a revised Exhibit "A" shall be submitted as part of the project
close-out documentation.
17. The Sponsor agrees to comply with the Assurances attached to this offer which replaces the assurances that
accompanied the Application for Federal Assistance.
FAA Form 5100-37 (7/90) 4
971895
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
cc .--O• - jjj
Aa-�"r4anager, 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 does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this
(SEAL)
Attest:
Title:
day of 19 .
By:
Title:
CITY OF GREELEY, COLORADO
See attached signature page
Sponsor's Designated Official Representative
Certificate of Sponsor's Attorney
I Thomas D. Grant 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 relating thereto, and fmd that the
acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in
all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B, as amended. 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 4th day of September
1997
Signature of Sponsor's Attorney
FAA Form 5100-37 17/901 5
971895
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this 3rd day pf Se
ATTEST:
s■
+0 `.:
.i :IA
the Board
1997 .
By:
COU1 Y OF WELD, COLORADO
ponsor'
esignated Official Representative
Title: Chair. Board of County Cnmmicgionprs
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 relating thereto, and fmd that the
acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in
all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B, as amended. 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 3rd day of September 1991:
SigpatureafSponsorsAtt rney
FAA Form 5100-37 (7/90) 6
971895
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained
in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application.
Executed this i0 day of Ser 19 ? 2
GREELEY-WELD COUNTY AIRPORT AUTHORITY
(SEAL)
Attest:
Title:
5. -yo c_ /7regA rer
By:
Title:
Sponsor's es>ed O. rcial epresentative
Certificate of Sponsor's Attorney
I, t /ZFP 0 /l 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 relating thereto, and fmd that the
acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in
all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B, as amended. 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 Qli Cu this / day of r 19'
Signature of Sponsor's Attorney
FAA Form 5100-37 171901 7
971895
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of this day and year first hereinabove written.
ATTEST:
APPROVED AS TO SUBSTANCE:
THE CITY OF GREELEY, COLORADO
By: tt.4 t # Jfl
ayor
APPROVED AS TO LEGAL FORM:
By.
City Manager City Attorney
AS TO AVAILABILITY OF FUNDS:
By:
Director of Fin de
FAA Form 5100-37 (7/90) 8
971895
DENVER AIRPORTS DISTRICT OFFICE
26805 E. 68TH. AVE., SUITE 224
DENVER, COLORADO 80249-6361
(303) 342-1250
FEDERAL AVIATION
ADMINISTRATION
PLEASE READ BEFORE EXECUTING GRANT
AUG 2 8 1997
The Honorable Vern Nelson
Mayor of Greeley
1000 10th Street
Greeley, Colorado 80631
Barbara ICirlaneyer, Chair
Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80632
Dale K. Hall, Chairman
Greeley -Weld County Airport Authority
P.O. Box 727
Greeley, Colorado 80632
Dear Mayor Nelson, Ms. Kirkmeyer, and Mr. Hall:
Enclosed are six copies of a grant offer for Airport Improvement Program Project No. 3-08-
0028-08 at the Greeley -Weld County Airport in which $3,023,742 of Federal funds have
been obligated to accomplish the development described on page 1 of the grant offer. Please
complete Part II (Acceptance) by having the authorized officials execute the last page (s) of
the grant offer. Certification by the attorney (s) 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 three copies to this
office. The other copies are for your records.
Sincerely,
flan . Wiec , Manag
Denver Airports District Office
Enclosures
971895
C/lfflfV-
1YfIOCOONTY
A//IPDH
P.O. Box 727• Greeley, CO 80832
970/358-9141 FAX 970/355264?
TO:
Don Warden
Kim Schuett
FROM: Mike Reisma
Airport Manage
SUBJECT: Acceptance of FAA Grant Offer
August 26, 1997
The Federal Aviation Administration has finalized its grant offer for the 1997 airport
expansion project funding. It is requested that the acceptance of the grant be placed on
the Weld County Board of Commissioners Agenda for Wednesday, September 3, 1997.
The grant must be executed and returned to FM no later than September 17, 1997. The
FAA has included additional monies in its grant offer from that originally budgeted. This
results in a higher amount of matching funds required at the local level.
The following financial detail is provided concerning this action:
TOTAL 1997 PROJECT COST $3,359,713.33
FAA GRANT OFFER $3,023,742.00
SPONSOR MATCHING FUNDS REQUIRED $ 335,971.33
1997 CDOT AERONAUTICS GRANT $ 160,000.00
(Matching funds offset)
REMAINING MATCHING FUNDS $ *175,971.33
(City and County funded)
*CITY SHARE $87,985.66
*COUNTY SHARE $87,985.67
Please call me at 356-9141 with any questions.
NOTE: A condition of the CDOT grant was that the matching funds offset to the City
and County be budgeted towards the terminal building project.
GXY UNICOM. 1228/IGXV ILS- 110.5/GX IOM : 348/GLL VOR_ 1142/AWLS 135. 17
971895
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