HomeMy WebLinkAbout740580.tiff Page 1 of 9 pages
DEPARTMENT OF TRANSPORTATION STAT F
ss.
FEDERAL AVIATION ADMINISTRATION COUNTY OF WELD
Filed w'Sh the Clerk of the board
of County Commissioners
RANT AGREEMENT MAR 25 1974
STATE OF COLORADO ss
COUNTY OF WELD. Part 1-Offer
d?p MOROtit
Filed with the Clerk of the board Illy t)
ni County Commissioners Date of Offer February 21, 1974
EaNMft.n cog,
iI MAR 211974
WELD COUNTY MUNICIPAL Airport
• rn off aI �Pigots Project No. 7-08-0028-01
Contract No. DOT-FA74a-0409
TO: CITY OF Gtt ati EY AND COUNTY OF WELD, COLORADO .
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein -
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 5, 1973
, for a grant of Federal funds for a project for develop-
ment of the WELD COUNTY MUNICIPAL Airport(herein called
the "Airport"), together with plans and specifications for such project, 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 development of the Airport (herein called the
"Project") consisting of the following-described airport development:
"Acquire Area 8A for airport development; acquire Area 8B for future
airport development."
all as is ore particularly described L? the property map aLd Mans ail,' specifications incorporated in
the said Project Application;
FAA FORM 5100-13 PG. 1 (1O-)1I SUPERSEDES FAA FORM 1632 PG. 1 GAGE I
740580
Page 2 of 9 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD-
MINISTRATION, 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, 79.02 percentum.
•
This Offer is made on and subject to the following terms and conditions:
1 . The maximum obligation of the United States payable under this Offer shall be
S 64,1,01.00.
2. The Sponsor shall:
(a) begin accomplishment of the Project within sixty (60) days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51-
152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this Offer; which Regulations are hereinafter
referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula-
tions.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations.
Final determination as to the allowability of the costs of the project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided,
that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the
Re:ulations. final determination as to the allowability of those costs to which such semi-
thdt1 pay ment relates will be made at the time of such semi-final payment.
FAA FORM 5100-13 PG, 2 (7-72) SUPERSEDES PREVIOUS EDITION PAGE 2
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5. The Sponsor shall operate and maintain the airport as provided in the
Project Application incorporated herein and specifically covenants and
agrees, in accordance with its Assurance 4 in Part III of said Project
Application, that in its operation and the operation of all facilities
thereof, neither it nor any person or organization occupying space or
facilities thereon will discriminate against any person or class of
persons by reasons of race, color, creed or national origin in the use
of any of the facilities provided for the public on the airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. 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 beforeM4arch 29, 197L., or such subsequent
date as may be prescribed in writing by the FAA.
8. The Sponsor hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at
41 CFR Chapter 60, which is paid for in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the
Federal Government pursuant to a grant, contract, loan, insurance, or
guarantee, or undertaken pursuant to any federal program involving
such grant, contract, loan, insurance, or guarantee the following
Equal Opportummity 01au83.
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, sex,
or national origin. Such actions shall include, but not be
limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
c. The contractor shall send to each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
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the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
d. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such
rules, regulations and orders. f`
f. In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of the said
rules, regulations, or order, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further government contracts of
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24,
1965, or by rules, regulations, or order of the Secretary of
Labor, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately
preceding paragraph a. and the provisions of paragraph a. through g.
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to
any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the
event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request
the United States to enter into such litigation to protect the
' interests of the United States.
The Sponsor further agrees that it will be bound by the above Equal
Opportunity clause with respect to its own employment practices when
it participates in federally assisted construction work: Provided,
that if the applicant so participating is a State or local government,
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the above Equal Opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not
participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtain'g the compliance
of contractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor
that it will furnish the administering agency with the Secretary of
Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency
in the discharge of the agency's primary responsibility for securing
compliance.
The Sponsor further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 1121{6 of
24 September 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the Equal Opportunity
clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part III,
Subpart D, of the Executive Order. In addition, the Sponsor agrees
that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to
the Sponsor under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has
been received from the Sponsor; or refer the case to the Department
of Justice for appropriate legal proceedings.
9. The Sponsor hereby further covenants that it will not permit any
permanent-type structures, other than structures required for aids to air
navigation and such other structures as may be specifically excepted
in writing by the FAA, to be erected on, and that it will cause any
existing structures to be removed from, each area identified on the
Exhibit "A" as "clear zone" or any portions thereof, concerning which the
Sponsor has acquired a fee interest with federal financial assistance,
irrespective of whether such structures constitute an obstruction to
air navigation.
10. By its acceptance hereof, the Sponsor hereby covenants that to the extent
it has or may have either present or future control over each area
identified on the Exhibit "A"! as "clear zone", and unless exceptions to
or deviations from the following obligations have been granted to the
Sponsor in writing by the FAA, it will clear said area or areas of any
existing structure or any natural growth which constitutes an obstruction
to air navigation with the standards established by Section 77.23 as applied
to Section 77.25, Part 77, of the Federal Aviation Regulations; and the
Sponsor further covenants that it will control the subsequent erection of
structures and control natural growth to the extent necessary to prevent
creation of obstructions within said standards.
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11. The Sponsor will send a copy of all invitations for bids, advertised
or negotiated, for concessions or other businesses at the airport to
the Office of Minority Business Enterprise (OMBE) , Field Operations
Division, Department of Commerce, Washington, D. C. 20230. The Sponsor
will disclose and make information about the contracts, contracting
procedures, and requirements available to OMBE and minority firms on
the same basis that such information is disclosed and made available
to other organizations or firms. Responses by minority firms to
invitations for bids shall be treated in the same manner as all other
responses to the invitations for bids. Compliance with the foregoing
will be deemed to constitute compliance by the Sponsor with the require-
ments of 49 CFR 21 Appendix C(a)(1)(x), Regulations of the Office of
the Secretary of Transportation.
12. It is hereby understood and agreed by and between the parties hereto
that the Sponsor will acquire a fee title or such lesser property
interest as may be found satisfactory to the FAA in Areas 8A and 8B
as shown on the property map attached hereto and identified on
Exhibit "A"; and that the United States will not make nor be obligated
to make any payments involving said parcels 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
said parcels subject to no liens, encumbrances, reservations, or
exceptions which in the opinion of the FAA might create an undue
risk of interference with the use and operation of the airport.
13. It is understood and agreed by and between the parties hereto that
the United States shall not make nor be obligated to make final grant
payment hereunder until the Sponsor has furnished a current Airport
Layout Plan and said plan has been approved by the FAA.
14. The Federal Government does not now plan or contemplate the construc-
tion of any structures pursuant to Paragraph 11 of Part III -
Sponsor's Assurances - of the Project Application dated June 5, 1973,
and therefore, it is understood and agreed that the Sponsor is under
no obligation to furnish any such areas or rights under this Grant
Agreement.
15. By its acceptance hereof, the Sponsor hereby covenants and agrees
that it will provide adequate land on the Weld County Municipal Air-
port without cost for the purpose of parking Federal Aviation Adminis-
tration official and employee vehicles or at the option of the Sponsor
will provide free accommodations for FAA, official parking and free or
reasonable cost accommodation for FAA employee parking at the Weld
County Municipal Airport. Said parking area shall be within reasonable
prorimity to the FAA facilities located on said airport.
16. A. Pursuant to Sections 210 and 305 of the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 1970 (P.L.) 91-646);
Part 25, Regulations of the Secretary of Transportation, "Relocation
Page 7 of 9 pages
Assistance and Land Acquitition under Federal and Federally Assisted
Programs" (49 CFR Part 25, 36 Fed. Reg. 9178); the Regulations; and
other applicable provisions of law-- the terms used in this paragraph
to have the meanings assigned to them under such Act and regulations:
1. Sponsor will provide fair and reasonable relocation payments
to displaced persons as required by Subparts E, F, and G of said
Part 25;
2. Sponsor will provide relocation assistance programs for dis-
placed persona offering the services described in Subpart D of said
Part 25;
3. . Sponsor will adequately inform the public of the relocation
payments and services which will be available under Subparts D, E, F,
and G of said Part 25;
4. Comparable replacement dwellings will be available, or
provided if necessary, within a reasonable period of time before any
person is displaced;
5. Sponsor will fully comply with Subpart I of said Part 25;
6. Sponsor will adequately inform the public of the acquisition
policies, requirements, and payments which will apply to the project
with respect to any acquisition of real property to which said Part
25 and this agreement apply;
7. When approval of the FAA is required before Sponsor may pro-
ceed with any phase of the Project and that phase will cause the
displacement of any person, Sponsor will prior to proceeding with that
phase provide the FAA with written assurances satisfactory to the FAA
that:
(a) Based on a current survey and analysis of available replace-
ment housing and in consideration of competing demands for that housing,
comparable replacement dwellings will be available within a reasonable
period of time prior to displacement, equal in number to the displaced
persons who require them; and
(b)• The Sponsor's relocation program is realistic and is adequate
to provide orderly, timely, and efficient relocation of displaced
• individuals and families to decent, safe, and sanitary housing avail-
able to persons without regard to race, color, religion, or national
origin with minimum-hardship to those affected. •
B. With respect to every person who was displaced or from whom real
property was acquired after 1 January 1971 and who would have been
entitled to any payments or relocation assistance pursuant to the
assurances in this agreement had this agreement been in effect at the
•
Page 8 of 9 pages
time of such displacement or acquisition, Sponsor represents and under-
' takes as the case may be: (1) That such person has received or will
receive all the payments and has timely been or will be timely afforded
all the assistance and advantages that would have accrued to him under
the provisions of this paragraph had he been displaced or the real
property acquired or his entitlements as such tenant accrued subsequent
to the date of this agreement; and (2) that Sponsor has timely performed
or will timely perform all acts that would have been or would still be
required of the Sponsor had the assurances of this paragraph been
applicable at the times identified in this paragraph.
C. The obligation of the United States under this agreement to share
in the allowable costs incurred by Sponsor under this paragraph shall
be subject to all the pertinent and applicable provisions, limitations,
and conditions contained in the laws and regulations referred to in
this paragraph.
17. It is understood and agreed that as to the land acquired or to be
acquired for future development of the airport, the Sponsor will
construct and complete thereon a useful and usable facility consistent
with the National Airport System Plan not later than the time of fore-
casted need; and if the land so acquired or any part thereof, is not
used within the forecast period for the purpose for which it was
acquired, the Sponsor will refund the Federal share of acquisition
cost or fair market value of the land, whichever is greater, plus
the Federal share of net revenue, at the time of sale or expiration
of the period stated in this agreement. It is further understood and
agreed that the Sponsor will deposit all net revenue derived from the
interim use of the land into a special fund to be used exclusively
for aptroved items of airport developments, but in no case may the
Federal share of such funds be used to match Federal Aid funds in
future grants. It is still further understood and agreed that the
Sponsor will not dispose of the land by sale, lease, or otherwise
without the prior consent and approval of the FAA.
18. It is hereby understood and agreed by and between the parties hereto
that as to the land acquired or to be acquired hereunder for future
development of the airport, the Sponsor will not change the existing
use of said land with or without Federal financial assistance until
the environmental, social and economic impact of the change is con-
sidered and evaluated under the procedures and requirements of Federal
law and policy then in effect.
�., 9 ►
Page / of 9 pages
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 herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the-useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATIO AD INISTRATION
By.Chief, .Denver.Airport.District.Office,
(TITLE) FAA
Part II-Acceptance
The COUNTY OF WELD, COLORADO does hereby ratify and adopt all statements,
! representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof.
Executed this . Sixth_ . . . . day of March ,
COUNTY OF WEI,D.,. .QOf,OBDq
(Name of SUES CO-SPONSOR)
By . . . .,2-1( t(%1 _J (t4k
ri
(SEAL)
Title CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
At�04.424.4.,
K 16.E Tit COUNT7C CLER%
CO-SPONSOR'S
CERTIFICATE OFD ATTORNEY
I, Samuel. .S. .Tel.ep , acting as Attorney for . . . .COUNTTY.OF.WELD,. COLORADO . . ,
(herein referred to as the$,taxxxxi) do hereby certify:
"Co-Sponsor")
That I have examined the foregoing Grant Agreement and th �,r 4 i,gs taken by said
Co- Sponsor relating thereto, and find that the Acceptance thereof by said Ica been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of COLORADO and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the cn in accordance with the terms
thereof. Co-Sponsor
Dated at .Greeley this. .Sixth . . day,of'-.-- th C ,
•
Title County Attorney
FAA FORM 5100-13 PG 4(10-I1) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4
• --„ 9 f
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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 herein-
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and rights of the
United States and the Sponsor with respect to the accomplishment of the Project and the operation
and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATIO AD INISTRATION
Cre aJ4
By.Chief, .Denver.Airport.District.Office.
(TITLE) FAA
Part II-Acceptance .
-
The CITY OF GitrilLEY, COLORADO does hereby ratify and adopt all statements,
. , representations, warranties, covenants, and agreements contained in the Project Application and
incorporated -materials- referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof.
Executed this y day of 7f224-1u , 19 7'
CITY OF GREELEY, COLORADO
z (Name ofd)
q
By • r�Cz,/CENSOR
(SEAL) -
Title Y.AXOR
Attestor.
Title: CITY CLKRB •
CO-SPONSOR'S
CERTIFICATE OF 3iaCcgtlWATTORNEY .
I, William E. Shade , acting as Attorney for .0ITX.OF. GREET,RY, .COLORADO
(herein referred to as theme) dq hereby certify:' -
"Co—Sponsor")
That I have examined the foregoing Grant Agreement and t gipgs taken by said
Co—Sponsor relating thereto, and find that the Acceptance thereof by said as been duly auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of. . . .COLORADO and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the in accordance with the terms
thereof. Co-Sponsor
. 1 2�
Dated at . . L ,.:�2 )`ir ?��f . .this. . . . .�. . . . day of. .0 Csf,t
lI✓LL .:,. .
Title (Ty/
T /L/. . c_c6
l/
FAA FORM 5100-13 PG 410-71) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4
ADOkTED this Sixth day of March , 1974,
for the County of Weld, Colorado.
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
By /Va( E-i (F--Lez-cJ
Title Chairman, Board of County
Commissioners
ATTEST: Glenn K. Billings, Memer
•
• �(Qua-A�d,n Ro o r Mem
Ti e County Clerk
CERTIFICATE OF COUNTY CLERK
S . Lee Shehee, Jr. , the duly qu 1ified and
acting County Clerk for the County of Weld, Colorado, do hereby
certify that the foregoing Resolution was duly adopted at a
(regular)(special) meeting of the Board of County Commissioners of
the CoInty of Weld, Colorado, held on the 6th day of
March , 1974, and that said Resolution has been
compared by me with the original thereof on file in my office and
is a true copy of the whole of said original.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of
the County of Weld, Colorado, this 6th day of
March 1974•
Y \
By S. Lee Shehee, Jr.
Title County Clerk & Recorder
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