HomeMy WebLinkAboutC80-001 Grant Agreement AirportA„ .,
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GPIAAT AGMEM ENT
Part 1 -Offer
Date of Offer July 23, 1980
Eagle County
Project No. 6-08-0020-01
Contract No. DTFA13-80-C-00485
TO: County of Eagle, Colorado
(herein referred to as the "Sponsor')
Airport
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 July 1, 1980
for a grant of Federal funds for a project for develop-
ment of the Eagle County 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:
Resurface and mark Runway 8/26 (approx. 5000' x 60'), two
connecting taxiways (approx. 200' x 50' and 200' x 40')
and portion of apron (approx. 13,000 s.y.); replace
rotating beacon.
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1
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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, 90 percent.
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
$ 375,000
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
Regulations, final determination as to the allowability of those costs to which such semi-
final payment relates will be made at the time of such semi-final payment.
FAA FORM 5100-13 PG. 2 (7-72) 1 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 20 in Part V 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 before August 8, 1980 , 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 Opportunity Clause.
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 termina-
tion, 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
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other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the contrac-
tor'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. In the event of the contractor's noncompliance with the nondis-
crimination clauses of this contract or with any of the said
rules, regulations, or orders, 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 sanc-
tions 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 obtaining the
compliance of contractors and subcontractors with the Equal Opportu-
nity 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 responsi-
bility for securing compliance.
The Sponsor further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 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 subcontrac-
tors 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 assis-
tance 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 identi-
fied 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 consti-
tute 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 excep-
tions 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 consti-
tutes 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
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control the subsequent erection of structures and control natural
growth to the extent necessary to prevent creation of obstructions
within said standards.
11. Assurance Number 18 of Part V of the project application incorporated
herein is amended by including at the end of the second sentence the
following language:
"including the requirement that (A) each air carrier, authorized to
engage directly in air transportation pursuant to SeFtion 401 or 402
of the Federal Aviation Act of 1958, using such airport shall be
subject to nondiscriminatory and substantially comparable rates,
fees, rentals, and other charges and nondiscriminatory conditions
as are applicable to all such air carriers which make similar use of
such airport and which utilize similar facilities, subject to reason-
able classifications such as tenants or nontenants, and combined
passenger and cargo flights or all cargo flights, and such classifi-
cation or status as tenant shall not be unreasonably withheld by any
sponsor provided an air carrier assumes obligations substantially
similar to those already imposed on tenant air carriers, and (B) each
fixed base operator using a general aviation airport shall be subject
to the same rates, fees, rentals, and other charges as are uniformly
applicable to all other fixed base operators making the same or
similar uses of such airport utilizing the same or similar facilities;
provision (A) above, shall not require the reformation of any lease
or other contract entered into by a sponsor before July 12, 1976.
Provision B above shall not require the reformation of any lease or
other contract entered into by a sponsor before July 1, 1975."
12. It is understood and agreed that no part of the Federal share of an
airport development project for which a grant is made under the
Airport and Airway Development Act of 1970, as amended (49 U.S.C.
1-701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C.
1101 et seq.), shall be included in the rate base in establishing
fees, rates, and charges for users of the airport.
13. This project and all work performed thereunder is subject to the
Clean Air Act and the Federal Water Pollution Control Act.
Accordingly,
a. The sponsor hereby stipulates that any facility to be utilized
in performance under the grant or to benefit from the grant
is not listed on the EPA List of Violating Facilities.
b. The sponsor agrees to comply with all the requirements of Sec-
tion 114 of the Clean Air Act and Section 308 of the Federal
Water Pollution Control Act and all regulations issued there-
under.
here-
under.
c. The sponsor shall notify the FAA of the receipt of any communi-
cation from the EPA indicating that a facility to be utilized
Page 6 (Rev. 8/11/76)
Page 7 of 9 pages
for performance of or benefit from the grant is under considera-
tion to be listed on the EPA list of Violating Facilities.
d. The sponsor agrees that he will include or cause to be included
' in any contract or subcontract under the grant which exceeds
$100,000 the criteria and requirements in these subparagraphs
a through d.
14. It is the policy of the Department of Transportation that minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance,tof contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement.
The recipient or its contractor agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts and subcontracts financed
in whole or in part with Federal funds provided under this agreement.
In this regard, all recipients or contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to compete
for and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in
the award and performance of DOT -assisted contracts.
If, as a condition of assistance, the recipient has submitted and the
Department has approved a minority business enterprise affirmative
action program which the recipient agrees to carry, out, this program is
incorporated into this financial assistance agreement by reference.
This program shall be treated as a legal obligation and failure to carry
out its terms shall be treated as a violation of this financial assistance
agreement. Upon notification to the recipient of its failure to carry
out the approved program, the Department shall impose such sanctions as
noted in 49 CFR Part 23, Subpart E, which sanctions may include termina-
tion of this agreement or other measures that may affect the ability of
the recipient to obtain future DOT financial assistance.
15. The sponsor agrees to limit requests for advances of project payments
to the minimum amounts needed for immediate disbursement.
16. The Federal Government does not plan or contemplate the construction
of any structures pursuant to Paragraph 27 of Part V - Sponsor's
Assurances - of the Application for Federal Assistance dated July 1, 1980
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.
17. By its acceptance hereof, the sponsor hereby convenants and agrees that
it will provide adequate land on the Eagle County Airport without cost
for the purpose of parking Federal Aviation Administration official and
employee vehicles or at the option of the sponsor will provide free
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accommodations for FAA official parking and free or reasonable cost
accommodation for FAA employee parking at the Eagle County Airport.
Said parking area shall be within reasonable proximity to the FAA
facilities located on said airport.
18. It is understood and agreed by and between the parties hereto, that
the United States of America shall not make nor be obligated to make
final payment hereunder until the Sponsor has acquired fee title or
such lesser property interest as may be found satisfactory to the FAA
in and to Parcels 4, 5, and 6. It is further understood and agreed
that the acquisition of said parcels shall not be a part of the project
and the United States shall not pay for any of the costs pertaining
thereto under this project.
19. It is hereby understood and agreed by and between the parties hereto
that the United States shall not make final grant payment hereunder
until the Sponsor has removed the fence in the approach to Runway 8,
said fence removal being necessary to achieve an unobstructed clearance
of 20:1 in accordance with the criteria set forth in Part 77 of the
Federal Aviation Regulations. It is further understood and agreed
that any work in connection with the foregoing shall be accomplished
by the Sponsor at no expense to the United States and such work shall
not be a part of this project.
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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 hereinafter provided, and said Offer and Acceptance shall comprise a Grant
Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the
d bligations and rights of the United States and the Sponsor with respect to the accomplish-
(__�Jent 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, except as
otherwise provided in Sponsor's Assurance No. 17, Part V of the Project Application.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By
(TITLE)
Chief, Engineering & Development Branch
Airports Division
Part II -Acceptance
The County of Eagle, 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.
--LXecuted this day of July, 1980.
Count of Ea le, Colorado
Name of Sponsor
By
(SEAL) Title Chairman, Board of County Commissioners
Attest:' l✓ ,
Title: 'County Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I, 1 �,,}k-- , acting as Attorney for the County of Eagle, Colorado
herein referred to as the "Sponsor") do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken by said
sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been
aly authorized and that the execut.ion thereof is in all respects due and proper and in
ccordance 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 sponsor in accordance
with the terms thereof.
Dated at Eagle, Colorado this 150 day of July, 1980.
Title County Attorn
f i'`F TRkWSPORTATION. FEDERAL AVIATION ADMINISTRATION a►Ao Na. e0-ao1ef
i"'.
LAY REPORT AND REQuL FOR
1. Federal Agency and Organ anal
Element `4'^',
2. Federal Grant be or Other
Identifying Number
<SEMENT FOR CONSTRUCTION PROGRAMS
DOT -FAA.
DTFA 13-80C-00485
of Request
d. Basis of Request
S. Partial Payment Request No.
Final
Cash
One (1 )
X} Partial
[Accrued Expenditure
b. Employer Identification No.
7. Grantee Account No. or Identifying
8. Period Covered (Month, Day, Year)
No.
FROM TO
84-6000762
ADAP 6-08-0020-01
7 10 80
9. Name of Grantee Organization
10. Name of Payee (If different than Item 9)
Eagle County Commissioners
STREET NO. AND NAME
STREET NO. AND NAME
P.O. Box 850
CITY STATE ZIP CODE
CITY STATE ZIP CODE
Eagle, Colorado 81631
11. STATUS OF FUNDS
PROGRAMS — FUNCTIONS — ACTIVITIES
CLASSIFICATION
(1)
(2)
(3)
TOTAL
$
s
a
a. Administrative expense ...................
b. Preliminary expense ......................
c. Land,structures, right-of-way ...............
"
�w trchitectural engineering basic fees........ _ .. .
18,784.80
18,784.80
e. Other architectural engineering fees........... .
0.00
0.00
f. Project inspection fees ...................
g. Land development .........................
h. Relocation expense .......................
i. Relocation payments to indiv. and businesses .... .
j. Demolition and removal ...................
r
3
k. Construction and project improvement cost........
.0.00
0.00
I. Equipment ...........................
m. Miscellaneous cost.............. ..... .
?otaI cumulative to date (Sum of Lines a -m) ......
18,784.80
4.80
o. Deductions for program income ...............
p. Net cumulative to date (Line n minus Line o)......
18,784.80
__.-.,.--.'.80
16,906.32
16,906.32
q. Federal share to date ............. . .
r. Rehabilitation grants (100110 reimbursement) .......
s. Total Federal share (Sum of Lines q and r) .......
16, 906.32
16, 906.32
t. Federal payments previously requested ..........
0.00
0.00
u. Amount requested for reimbursement............
16 906.32
S
S 16 906.32
v. Percent of project completed ...............
r,',
%°
I
_
12. CERTIFICATION – I certify that to the best of my knowledge and belief the billed costs of disbursements are in accordance with the terms of the proiec;
and that the reimbursement represents the Federal share due which has not been previously requested and that an inspection has been performed and all
work is in accordance with the terms of the grant.
GRANTEE
b. STATE, LOCAL. OR FEDERAL GOVERNMENT REPRESENTATIVE
a.
Nome
Name
Dale E. Grant
Title
Chairman, Board of County
Telephone No.
Title
Telephone No.
Commissioners
303 476-5387
_
Ignotu of Authorl:ldd Official'Dote
mat
Signature of Autharized Official
Date
