HomeMy WebLinkAboutC04-264 US Department of Transportation
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u.s. Department
of Transportation
GRANT AGREEME.NT
Federal Aviation
Administration
Part I - Offer
Date of Offer:
August 18, 2004
Airport:
Eagle County Regional
Airport
Project Number:
3-08-0020-36
Contract Number: DOT-FA04NM-1092
DUNS Number:
08-402-4447
To:
The County. of Eagle, Colorado
(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 May 14,2004 for a grant of Federal
funds for a project at or associated with the Eagle County Regional 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 Index lie' Aircraft Rescue and Fire Fighting Vehicle, Acquire
Snow Removal Equipment (Carrier Vehicle with Broom Attachment),
Rehabilitate Portion of South General Aviation Apron, and Extend
Runway 7125, Phase I (Acquire Wetlands),
all as more particularly described L the Project Application.
FAA Form 5100-37 (10/89)
1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States
Code, as amended, herein called "the Act", 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 F'EDERAL
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 acc~mplishing the
Project, 95.00 per centum thereof.
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 $1,470,650. For the
purpose of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being
specified for this purpose:
$0.00 for planning
$1,470,650 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 Act.
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 fmal audit of the total amount of
allowable project costs and settlement will be made for any upward or downward adjustments to the
Fea~ral share of costs.
4. The Sponsor shall carty 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 30, 2004, 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
FAA Form 5100-37 (10/89)
2
any determination of the amount ofthe 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.
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 AlP Projects," dated July 1, 1999, 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, the Sponsor 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 mutually understood and agreed that if, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00
or five percent (5%), whichever is greater, the maximum obligation of the United States can be
unilatf:rally reduced by letter from the FAA advising of the budget change. Conversely, if there is an
overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant
obligation of the United States to cover the amount of the overrun not to exceed the statutory percent
limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if,
during the life of the project, the FAA determines that a change in the grant description is advantageous
and in the best interests of the United States, the change in grant description will be unilaterally amended
by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the
United States is adjusted to the amount specified or the grant description is amended to th.e description
specified.
12. In accordance with Section 47I08(b) of the Act, as amended, the maximum obligation of the United
States, as stated in Condition No. I of this Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
c. may be increased by not more than 15 percent for land projects.
13. 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.
FAA Form 5100-37 (10/89)
3
14. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective
airport pavement maintenance management program as is required by Airport Sponsor Assurance
Number C-ll. The Sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program
must conform with the provisions outlined below:
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be
followed to assure that proper pavement maintenance, both preventive and repair, is performed. An
airport sponsor may use any form of inspection program it deems appropriate. The program must, as a
minimum, include the foUowing:
a. Pavement Inventory. The following must be depicted in an appropriate form and level ~f detail:
(1) location of aU runways, taxiways, and aprons;
(2) dimensions;
(3) type of pavement, and;
(4) year of construction or most recent major rehabilitation.
For compliance with the Airport Improvement Program (AlP) assurances, pavements that have been
constructed, reconstructed, or repaired with federal :fmancial assistance shall be so depicted.
b. Inspection Schedule.
(1) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history
of recorded pavement deterioration is available, i.e., Pavement Condition Index (pCI) survey as
set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of
Airport Pavements," the frequency of inspections may be extended to three years.
(2) Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month
to detect unexpected changes in the pavement condition.
c. Record Keeping. Complete information on the fmdings of all detailed inspections and on the
maintenance performed must be recorded and kept on file' for a minimum of five years. The types of
distress; . their locations, and remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below:
(1) inspection date,
(2) location,
(3) distress types, and
(4) maintenance scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
FAA Form 5100-37 (10/89)
4
.
. .
d. Information Retrieval. An airport sponsor may use any form of record keeping it deems
appropriate, so long as the information and records produced by the pavement survey can be retrieved to
provide a report to the FAA as may be required.
e. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance
of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guidelines, and recommended methods of repair are presented.
15. The Sponsor agrees to monitor progress on the work to be accomplished by this grant. For consultant
services, the Sponsor agrees to make payment only for work that has been satisfactorily completed. It is
understood by and between the parties hereto that the approximate value of fmal project documentation is
ten percent (10%) of the total value of the engineering services contract, and that amount will not be paid
to the Engineer until acceptable final project documentation is provided.
FAA Form 5100-37 (10/89)
5
. I '- .
I .
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.
~
enver 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. .
Executed this L day of ~ 20.1..4
Atte
COUNTY OF EAGLE, COLORADO
spomm~.~_
(SEAL)
Certificate of Sponsor's Attorney
I, ~ ~~lttu.i( t. acting as Attorney for 111. Spomnr do hereby certlfY: .
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 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 the Act. 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 ~^ ~.I./ I f) this lJJ- day of ~)~{- . 2~
~ !
FAA Form 5100-37 (7/90)
6
