HomeMy WebLinkAboutC03-027 FAAC9C'~-~`7-c~`J
AGREEMENT BETWEEN THE FEDERAL AVIATION ADMINISTRATION
AND THE COUNTY OF EAGLE, COLORADO
OTHER TRANSACTION AGREEMENT
WHEREAS, the Federal Aviation Administration (hereinafter the "FAA") wishes
to transfer funds as specified herein to the County of Eagle, Colorado, a body corporate
and politic, hereinafter the "County", to be used by the County to develop specifications
and the design, construction, and equipping of an Airport Traffic Control Tower (ATCT)
facility, that will be owned and operated by the County, for Eagle County Regional
Airport, which is located in Eagle County, Colorado.
NOW THEREFORE, the FAA and the County ("the Parties") mutually agree as
follows:
ARTICLE 1. PARTIES
The parties to this agreement are the FAA and the County.
ARTICLE 2. SCOPE
The purpose of this Other Transaction Agreement ("Agreement") is to provide FAA
funds, in the amount set forth in this Agreement, to the County for the design,
construction, and equipping of an ATCT at the Airport. The funds will be issued
pursuant to the Cost Share Pilot Program authorized under the Wendell H. Ford Aviation
and Investment Reform Act for the 21 S` Century (AIR-21), Public Law 106-181.
With the funds provided by the FAA under this Agreement, the County shall contract
with contractors who have prior experience in the design and/or construction of ATCT
facilities or similar facilities. The contractors shall develop the specifications and the
design for the ATCT and construct and equip it.
It is understood at the onset by all parties that the ATCT is to be staffed by non-FAA
personnel.
The ATCT is to be designed, constructed, and equipped to meet the requirements for
acceptance into the FAA Contract Tower Program (FCT).
Section 3.4.2 of the Pilot Program to Permit Cost-Sharing of Air Traffic Modernization
Projects includes:
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3.4.2 Supplementary FAA criteria for Facility or Equipment Transfer
Project transfer to the FAA will be at the sponsor's election. At the time
of transfer, the project should be operable and maintainable by the FAA
and should comply with FAA Order 6700.20, Non-Federal Navigational
Aids and Air Traffic Control Facilities, or any successor Order that
remains in effect. If the project is not transferred to the FAA, the sponsor
remains liable for all operations and maintenance costs, including the costs
of capital sustainment.
The County agrees that the proposal that it submitted was not developed with the intent
that the ATCT be operable and maintainable by FAA and agrees that it will not transfer
the ATCT facility to the FAA, without FAA consent.
This Other Transaction Agreement (OTA) is separate and distinct from any other
associated agreements entered into between the County and the FAA for the construction
of the ATCT facility. Other types of associated agreements may include reimbursable
agreements between the County and the FAA for the review of the County-provided
ATCT construction plans and specifications by FAA. This OTA Agreement shall take
precedence over any attachments in the event that the terms and conditions of the
attachments and this OTA contradict each other or that there is a dispute over the terms
and conditions.
This Agreement is an "Other Transaction". It is not intended to be, nor shall it be
construed as, a partnership, corporation, or other business organization.
ARTICLE 3. EFFECTIVE DATE AND TERM
The effective date of this Agreement is the date on which it is signed by the FAA, after
being signed by the County. This Agreement shall remain in effect until the Agreement
is concluded in accordance with Article 14 unless earlier terminated by the parties as
provided herein.
ARTICLE 4. SCHEDULE
The County agrees to complete the development of specification and design of the ATCT
facility within 360 days from the effective date of this agreement.
The County will include an estimate of time required for the following items, as
applicable: (a) obtaining timely approval by the FAA of its Airport Layout Plan,
(b) environmental documents, (c) approval by other federal agencies of permits and plans
required for construction, (d) and approval by State agencies of permits required to
design, construct and install equipment and have the ATCT operational within 3 years
after the effective date after the agreement.
ARTICLE 5. REPORTING REQUIREMENTS
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The County shall provide the Terminal Facilities Sector, ATB-300, with a written
progress report every month regarding the efforts of the County in the award of the
Architect & Engineering and construction contracts and the date of actual contract
awards; and accomplishment of design, construction and installation.
The County will provide specification and design documents prepared by its contractor
for review by ATB-300. The documents will be provided by the County for review at the
10 percent and 100 percent completion levels.
ARTICLE 6. LEGAL AUTHORITY
This Other Transaction Agreement is entered into under the authority of 49 U.S.C. 106(1)
and (m), which authorizes agreements and other transactions on such terms and
conditions as the FAA Administrator determines as necessary.
ARTICLE 7. POINTS OF CONTACT
For the County of Eagle County:
Name: Jack Ingstad
County Administrator
Address: Eagle County Building
500 Broadway
P.O. Box 850
Eagle, Colorado 81631-0850
For the Federal Aviation Administration (Washington Headquarters):
Name: Wilmer Hunter
Manager, Terminal Facilities Sector, ATB-300
Address: Federal Aviation Administration
300 D St. SW
Room 823
Washington, DC 20024
ARTICLE 8. FUNDING AND PAYMENT
1) The FAA shall contribute $829,600, not to exceed one-third of the total project cost as
its total share of the cost to perform this Agreement. Funds in the amount of $829,600
are hereby committed for the term of this agreement. The FAA will be reimbursed by
the County if one-third of the actual project cost falls below $829,600. The obligation
is chargeable to appropriation code W/482A/0/2BOSE0/G531/251G/40210751.
2) The FAA will not provide funds for any costs of any kind whatsoever, including but
not limited to, cost overruns, for the development of specifications and the design,
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construction, and equipping of the aforementioned ATCT facility over and above the
transferred funds as specified herein.
3) All funds provided by the FAA under this Agreement shall be used by the County
only for the aforementioned purpose.
4) The County shall be solely responsible for obtaining any additional fiends over and
above those provided by the FAA under this Agreement.
5) Within 60 days after the effective date of this Agreement, the FAA shall arrange for
the transfer of the funds shown above to the County.
6) Nothing contained herein shall prevent this Agreement from being amended or
modified. Such amendments and/or modifications must be in writing and signed by
both parties.
7) The FAA may terminate this Agreement upon 30 days notice in writing if the terms
and conditions contained herein are not complied with by the County.
ARTICLE 9. LIlVIITATION OF FUNDS
The liability of the FAA and the Federal Government's liability to the County is limited
to $829,600 as set forth in ARTICLE 8.
ARTICLE 10. IN5UR.ANCE
The County shall arrange by insurance or otherwise for the full protection of the County
from and against all liability to third parties arising out of, or related to, its performance
of this Agreement. The FAA assumes no liability under this Agreement for the losses
arising out of any action or inaction by the County, its employees, or contractors, or any
third party acting on its own behalf. The County agrees to hold the United States
harmless against any claim by third persons for injury, death or property damage arising
out of or in connection with its performance under this Agreement.
ARTICLE 11. COMPETITION FOR CONSTRUCTION
The contract for the construction of the aforementioned facility shall be awarded through
competitive procurement procedures unless the County can demonstrate that
single-source contracting is more advantageous, cost and other factors considered.
ARTICLE 12. AUDITS
1) The Federal Government has the right to examine and/or audit relevant financial
records relating to this agreement and the design and construction of the ATCT for a
period not to exceed three years, after expiration of the term of this Agreement. The
County and must maintain an accounting system that complies with acceptable
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accounting standards.
2) The County will keep all project accounts and records which fully disclose the
amount and disposition by it of the money transferred by the FAA to the County or
used, and the amount or nature of that portion of the cost of the project supplied by
other sources, and such other financial records pertinent to the project. The accounts
and records shall be kept in accordance with a generally acceptable accounting
system that will facilitate an effective audit in accordance with the Single Audit Act
of 1984.
3) The County shall make available to the Secretary of Transportation, the FAA, and the
Comptroller General of the United States, or any of their duly authorized
representatives, for the purpose of audit and examination, any books, documents,
papers, and records of the County that are pertinent to the money transferred by the
FAA to the County. The Secretary or the FAA may require that an appropriate audit
be conducted by the County. In any case in which an independent audit is made of
the accounts of the County relating to the disposition of the proceeds of the money
transferred or relating to the project in connection with which the aforementioned
money transfer was given or used, it shall file a certified copy of such audit with the
Comptroller General of the United States not later than six (6) months following the
close of the fiscal year for which the audit was made.
ARTICLE 13. CHANGES AND MODIFICATIONS
Changes and/modifications to this Agreement shall be in writing and signed by the
Federal Aviation Administration Contracting Officer and the County. Any modification
shall cite this Agreement, and shall state the exact nature of the modification. No oral
statement by any person shall be interpreted as modifying or otherwise affecting the
terms of this Agreement. Notification of changes to parties other than as specified
hereinabove shall not be considered to be in compliance with this requirement.
ARTICLE 14. DURATION OF AGREEMENT
This Agreement will be concluded when (1) the County's contractor(s) has completed the
design, construction, and equipment installation in the ATCT facility, and (2) the FAA
has approved said facility. The FAA may also terminate this Agreement prior to its
execution with or without cause with a 30-day notice in writing.
ARTICLE 15. CONSTRUCTION OF THE AGREEMENT
1) This Agreement is an "Other Transaction" issued under 49 U.S.C. 106 (1) and (m)
and is not a procurement contract, grant, or cooperative agreement. Nothing in
this Agreement shall be construed as incorporating by reference or implication
any provision of Federal acquisition law or regulation.
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2) Each party acknowledges that all parties hereto participated equally in the
negotiation and drafting of this Agreement and any amendments hereto, and that
this Agreement shall not be construed more stringently against one party than
against the other.
ARTICLE 16. DISPUTES
Where possible, disputes will be resolved by informal discussion between the parties.
In the event that the parties are unable to resolve any disagreement through good faith
negotiations, the dispute will be resolved by appropriate filing under the "Alternative
Dispute Resolution Procedures" with the Federal Aviation Administration, Office of
Dispute Resolution for Acquisition, Department of Transportation, 400 7~' Street, S.W.,
Washington, D.C. 20590.
ARTICLE 17. LIMITATION OF LIABII,ITY
The FAA is liable only to the limit of funding provided under this Other Transaction
Agreement. The FAA assumes no liability under this Agreement for any losses arising
out of any action or inaction by the County, its employees, or contractors, or any third
party action on its behalf. In no event shall the FAA be liable for claims for
consequential damages.
ARTICLE 18. CONSTRUCTION AND RELATED AGREEMENTS
The County shall include Article 19 in all lower tier Agreements regardless of tier.
ARTICLE 19. GENERAL FEDERAL REQUIREMENTS
The County shall comply with all applicable Federal laws, regulations, executive orders,
policies, guidelines and requirements as they relate to the application, acceptance and use
of Federal funds for this project.
ARTICLE 20. CONSIDERATION OF LOCAL INTEREST
The County warrants that it will give fair consideration to the interests of communities in
or near where the project will be located.
ARTICLE 21. OFFICIALS NOT TO BENEFIT
FAA Acquisition Management System Clause 3.2.5-1, "Officials Not to Benefit" and
Clause 3.2.5-7, "Disclosure Regarding Payments to Influence Certain Federal
Transactions" are attached hereto and incorporated by reference into this Agreement.
ARTICLE 22. PROTECTION OF INFORMATION
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The parties agree that they shall take appropriate measures to protect proprietary,
privileged or otherwise confidential information that may come into their possession as a
result of this Agreement.
ARTICLE 25. CIVIL RIGHTS ACT
The County shall comply with Title VI of the Civil Rights Act of 1964 relating to
nondiscrimination in Federally assisted programs and provide a certification to that
effect.
AGREED:
iviicnaei L. ~auagner
Chairman
/fir-~~~3 .
Witness:
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Marvin Poindexter
FAA Contracting Officer
The County of Eagle, Colorado
By and through its Board of County
Commissioners Federal Aviation Administration
