HomeMy WebLinkAbout981341.tiff RESOLUTION
RE: APPROVE ACCEPTANCE AND FAA GRANT AGREEMENT FOR RUNWAY PROJECT
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 an Acceptance and FAA Grant
Agreement for the Airport Runway Project between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Greeley-Weld
County Airport, and the Federal Aviation Administration, with terms and conditions being as
stated in said grant, and
WHEREAS, after review, the Board deems it advisable to approve said acceptance and
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 Acceptance and FAA Grant Agreement for the Airport Runway
Project between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley-Weld County Airport, 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
•�••ATTEST:
• Constance L. Harrbert, Chair
Weld Co j a. r•'Ri a . � 7,4
' t fl 1L . L' 1 LkC_),2 ,1
W. H. We ster, Pro-Tem-
BY: f6
Deputy` �� ��: 1 0
eorge Vtaxter
R VED FORM:
áraJ. KirkdA
981341
Cc.' /4"P FAA AP0008
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P.O. Box 727•Greeley CO 80832
970/3569141 FAX 970/35&2643
TO: Esther Gesick August 3, 1998
Clerk To The Board
FROM: Mike Reisma
Greeley-Wel C . irport
RE: Grant Contracts For Board Agenda
Attached please find six (6) original copies of the Grant Contracts from the Federal
Aviation Administration. The Airport Authority Board has already accepted these by
Resolution, and your assistance in having Dale Hall sign the yellow flagged pages for the
airport is appreciated.
The Grant Offer will have to be accepted by the County Board of Commissioners by
Resolution as in the past. After approval, please have the Chair sign each of the blue
flagged pages, along with the County Attorney's signature as required.
Please return all six copies to me after execution. I will return one original copy to you
after executed by the City of Greeley. Thanks for your help.
GWY UNICOM: 122.8/IGXY ILS: 110.5/GX LOM:348/GLL VOR. 114.2/AWOS 135.17 981341
U.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I - Offer
Date of Offer:
Airport: Greeley-Weld County
Project Number: 3-08-0028-09
Contract Number: DOT-FA98NM-1044
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 February 19, 1998 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 19 and 21, oil and gas interests), paving and lighting for
Runway 16/34(design only), acquire and remove building,and site preparation
(placement of subbase/base)for Runway 16/34(Phase III),
all as more particularly described in the Project Application.
FAA Form 5100-37 (7/90) 1
qi1/31//
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 $3,847,021. 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
$3,847,021 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 August 31, 1998, 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 (7/901 2
98i 3<-1
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 three 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 three 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 the STANDARD DOT TITLE VI
ASSURANCES executed by the Sponsor is hereby incorporated herein and made a part hereof by reference.
15. 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
19 and 21 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.
FAA Form 5100-37 (7/90) 3
9Fi3c/I
18. By its acceptance hereof the Sponsor covenants and agrees that it will clear Parcels 19 and 21 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.
19. It is understood and agreed by and between the parties hereto that the United States shall not be obligated to
make any payments under this agreement until the Airport Layout Plan required for this project has been
approved by the FAA.
24. It is understood and agreed that adequate property interest for parcels 19 and 21 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 19 and 21 a revised Exhibit "A" shall be submitted as part of the project close-out
documentation.
FAA Form 5100-37 (7/90) 4
9gi3yi
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
Ptfrcvti Manager,De ver Airports District ffice
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 2 S,S day of Ay5 , 19 K
CITY OF ELEY,C LOR ADO
By: ("el -it �/tea
(SEAL) ' po is Designated Official Repres ntative
Attest: 41
� h. l Title: (1 /2?
Title: j (Lk
Y V
Certificate of Sponsor's Attorney
I, ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Colorado.
Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor 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, 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 this_day of , 19_.
See mkt c it.t
Signature of Sponsor's Attorney
FAA Form 5100-37 17/90) 5
9g/39 i
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 5th day of August , 1998 .
CO�JNTY OF WELD,COLO 0
11, rJ , BY: C/(4Q--/15
(SEAL) rJ Sponsor's Designated Official Representative
�E Constance L. Harbert (08/05/98)
Attest: . �r�1,1�_.,��;_f Title: Chair
•
By:
Deputy Cler��'r)
N ✓tifrcate of Sponsor's Attorney
I, Bruce T. 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 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,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 5th day of August
S' ature of Sponsor' Attorney
FAA Form 5100.37 (7/90) 6
9D 3q
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.
L
Executed this g day of Agri u' , 19 95:'
GRE EY-WELD CO TY AIRPORT AUTHORITY
By:
(SEAL) Sponsor's
�Designated
� fficial Representative
Attest: l;/'v�fl�'v(H''v Attest/� � ����iX/w+ Title:
Title: .- / `n, e sr_
Certificateof Sponsor's Attorney
I, FP 6-1) t tIS , 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,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 o/��in accordance with the terms thereof.
Dated at%... , it this day of Akira
, 19t1
Signature of Sponsor's Attorney
FAA Form 5100-37 (7/90) 7
98) 3q r
CITY OF GREELEY SIGNATURE PAGE
FEDERAL AVAIATION ADMINISTRATION
GRANT AGREEMENT
RE: PROJECT NUMBER: 3-08-0028-09
CONTRACT NUMBER: DOT-FA98NM-1044
ATTEST: THE CITY OF GREELEY, COLORADO
Citlg'rk B ayor
Approved as to Legal Form: Approved as to Substance:
// /
2 .r /7„-e
City Attorney Cit Manager
Availability of Funds:
Director o fi �
nance
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