HomeMy WebLinkAbout961565.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF AIPORT IMPROVEMENT PROGRAM GRANT FROM
FEDERAL AVIATION ADMINISTRATION FOR GREELEY-WELD COUNTY AIRPORT
AUTHORITY AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
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 Letter from the Chairman of the
Greeley-Weld County Airport Authority dated September 3, 1996, concerning acceptance of the
Airport Improvement Program Grant from the Federal Aviation Administration, with further terms
and conditions being as stated in said letter, and
WHEREAS, after review, the Board deems it advisable to accept said grant, with a copy
of said letter being attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Airport Improvement Program Grant from the Federal Aviation
Administration for the Greeley-Weld County Airport Authority be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents concerning said grant.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
�4 ' /6�� WELD COUNTY, COLORAJ)O
•
t'�.,,o, �' Barba J. Kirkmeyer, Chair
el nty Clerk to the Board
� / r . Baxter, Pr -Tem
Deputy Clerk the Board
Da a K. Hall
APPRO AS TO F
Constance p�// L. Harbert 99 yn
C A orne l i t ! LP/�Y�1-h�)
W. H. Webster
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AP0007
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
SEP . 4 1996
Date of Offer:
Airport: Greeley-Weld County Airport
Project Number: 3-08-0028-07
Contract Number: DOT-FA96NM-1046
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 June 19, 1996 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:
Prepare environmental assessment; acquire land (Parcels 23, 24, and 27);
improve/pave county road; design and preparation of plans and specifications for
Runway 16/34 grading and drainage, construct irrigation system (phase I),
all as more particularly described in the Project Application.
FAA Form 5100-37 (7/90) 1
961.3'35
Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, 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 $1,266,217.00. 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
$1,266,217.00 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 Sonsor 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 27, 1996, 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 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.
FAA Form 5100-37 (7/90) 2
961365
•
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 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.
13. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon the
basis of preliminary plans and specifications; and the parties agree that within 90 days from the date of acceptance
of this Grant Offer,the Sponsor shall furnish final plans and specifications to the FAA, that no construction work
will be commenced hereunder, and that no contract will be awarded for the accomplishment of such work until the
said final plans and specifications have been approved, or certification accepted, by the FAA; and the parties do
further agree that any reference made in this Grant Offer or in the aforesaid Application to plans and specifications
shall be considered as having reference to said final plans and specifications as approved.
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
23, 24, and 27, 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 23, 24, and 27, as shown on
Exhibit "A" of any existing structures prior to final payment under the project and that it will not erect nor permit
FAA Form 5100-3717/90) 3
961565
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.
16. It is understood and agreed that adequate property interest for parcels 23, 24, and 27, 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 23, 24, and 27, a revised Exhibit "A" shall be submitted as part of the project close-out
documentation.
FAA Form 5100-37 (7/90) 4
961565
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, 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
4c- 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 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.
4
Executed this A \ 7 day of S e P , 19 _.
CITY OF GREELEY,COLORADO
By: See attached signature page
(SEAL) Sponsor's Designated Official Representative
Attest: Title:
Title:
((�� 11 II Certificate of Sponsor's Attorney
I, R cLl\A P QPad)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 find 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. 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 Gvee Ley ) Ca this��day of $eu Ley , 19 9.O
Signature of Sponsor's Attorney
FAA Form 5100-37 (7/901 5
961565
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.
Leh
Executed this day of 9/, 19 ,rO
C UNTY OF WELD,COLO O
BY: j24/th , 1. /S .
(SEAL) „ nponsor's Designated Offic Represeeive O 9 OW%)
Attest: Title: (%1-, Z ? / (16 //
G / U 97 t'S S I S
Title: d u c/
Bruce
of Sponsor's Attorney
L�I, ruce 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 relating thereto, and find 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 WI, Part B. 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 withthereof
the terms
Dated at F 0 etu - Cr) this„day of >JS/ /�7~ 1994
1
Sign of Sponsor's orney
FAA Form 5100-37 17/90) 6
961565
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 AA, r"
day of &e f , 19 qG
G ELE -WELD COUN AIRPORT AUTHORITY
By:
(SEAL) Sponsor's Designated 0 cial Represe 've
Attest: �Kme SAL,-4-4 Title: err irk CON-
Title: 'ijrFl cc /TA-,l nr r g..
Certificate of Sponsor's Attorney
I, REP C. O felt , 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 find 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 Tide 49, U.S.C., Subtitle VII, Part B. 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„dui? Col this day of , 19?(
414
Signature of Sponsor's Attorney
FAA Form 5100-37 (7190) 7
961565
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first hereinabove written.
ATTEST: �� THE CITY OF GREELEY, COLORADO
City Clet ayori474.-..
APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM:
I
4
B By: )(A 1l L
ity anager City Attorney
AS TO AVAAILABILITr/ F FUNDS:
/4K,Director of Finance
8
961565
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. DENVER AIRPORTS DISTRICT OFFICE
it a
pit 5440 ROSLYN STREET,SUITE 300
DENVER, COLORADO 80216-6026
a
(303)286-5537
�15If56Pt
FEDERAL AVIATION •
ADMINISTRATION
PLEASE READ BEFORE EXECUTING GRANT
The Honorable Vern Nelson
Mayor of Greeley
1000 10 th. Street
Greeley, Colorado 8063 l
Barbara Kirkmeyer,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. Kirkmcyer, and Mr. Hall:
Enclosed are six copies of a grant offer for Airport Improvement Program Project No. 3-08-0028-07 at the
Greeley-Weld County Airport in which $1,266,217.00 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.
This grant offer must be accepted on or before September 27, 1996. after acceptance please fax a copy
of the signature pages to this office (303/286-5539).
After execution and certification of the grant agreement, please return three copies to this office. The other
copies are for your records. •
Sincerely,
...-Alan E. Wiechmann,Manager
Denver Airports District Office
Enclosures
961565
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated on: 5/1/95
NUMBER/SUBJECT
70/7460-1H CHG 1 &2 -Obstruction Marking and Lighting
150/5000-13 Announcement of Availability—RTCA Inc.,Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
15O/51OO-14C Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects
15O/521O-5B Painting, Marking and Lighting of Vehicles Used on an Airport
15O/521O-7B Aircraft Fire and Rescue Communications
15O/521O-14 Airport Fire and Rescue Personnel Protective Clothing
15O/521O-15 Airport Rescue&Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
15O/522O-4B Water Supply Systems for Aircraft Fire and Rescue Protection
15O/522O-1OA Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
15O/522O-13B Runway Surface Condition Sensor Specification Guide
15O/522O-14A Airport Fire and Rescue Vehicle Specification Guide
15O/522O-16A Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19 Guide Specification for Small,Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20 CHG 1 - Airport Snow and Ice Control Equipment
150/5220-21 CHG 1 - Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5300-13 CHG 1, 2, 3 &4- Airport Design
150/5300-14 Design of Aircraft Deicing Facilities
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects
15O/532O-5B Airport Drainage
15O/532O-6C CHG 1 &2 - Airport Pavement Design and Evaluation
15O/532O-12B Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
15O/532O-14 Airport Landscaping for Noise Control Purposes
15O/5325-4A CHG 1 -Runway Length Requirements for Airport Design
15O/534O-IG Standards for Airport Markings
15O/534O-4C CHG 1 & 2 - Installation Details for Runway Centerline Touchdown Zone Lighting Systems
15O/534O-5B CHG 1 -Segmented Circle Airport Marker System
15O/534O-14B CHG 1 & 2 - Economy Approach Lighting Aids
15O/534O-178 Standby Power for NonFAA Airport Lighting Systems
15O/534O-18C CHG 1 - Standards for Airport Sign Systems
15O/534O-19 Taxiway Centerline Lighting System
15O/534O-21 Airport Miscellaneous Lighting Visual Aids
15O/534O-23B Supplemental Wind Cones
15O/534O-24 CHG 1 - Runway and Taxiway Edge Lighting System
15O/534O-27A Air-to-Ground Radio Control of Airport Lighting Systems
15O/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
15O/5345-5A Circuit Selector Switch
15O/5345-7D CHG 1 - Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
15O/5345-1OE Specification for Constant Current Regulators Regulator Monitors
15O/5345-12C Specification for Airport and Heliport Beacon
961565
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!471/OCOUA/lY
A///PD//l
P.O. Box 727•Greeley CO 80632
.970/356-9141 FAX.970/35&264?
September 3, 1996
Weld County Commission
Barbara J. Kirkmeyer, Chair
P.O. Box 758
Greeley, CO 80632
Dear Commissioner Kirkmeyer:
The Greeley-Weld County Airport Authority is scheduled to receive an offer from the
Federal Aviation Administration (FAA) for an Airport Improvement Program (AIP) grant in
the amount of 1.2 million dollars during the month of September, 1996. This is the first
of several grants over the next few years associated with the Runway Expansion Project
at the Greeley-Weld County Airport.
As in the past, Weld County is the Co-Sponsor of the grant along with the City of Greeley.
In order to take advantage of the grant offer before the new budget year begins for the
federal government, it is necessary for the Weld County Commission to formally approve
the acceptance of the grant before September 30, 1996.
Please accept this request to place this item for action on the Weld County
Commissioners Agenda prior to September 30, 1996. Please contact either myself or
Mike Reisman at 356-9141 if any additional information is required.
Sincerely,
Dale C��a
Chairman
GXY UNICOM: 122.8/IGXV IL S: 110.5/GX LOM: 348/GL L VOR I I4.2/AWOS I35.17 961565
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