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HomeMy WebLinkAboutC09-488 FAA Non-Federal Reimbursable AgreementnF~ 1 1 Agreement Number AJT-FN-NAT-09-0473 NON-FEDERAL REIMBURSABLE AGREEMENT BF,TWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND COLORADO DIVISION OF AERONAUTICS, COLORADO DEPARTMENT OF TRANSPORTATION AND EAGLE COUNTY, COLORADO WHEREAS, the Federal Aviation Administration (hereinafter referred to as "FAA" or "Contractor") is able to furnish directly or by contract, supplies, equipment, and services which the State of Colorado, acting by and through the Colorado Division of Aeronautics, which a division of the Colorado Department of Transportation (hereinafter referred to as "Project Sponsor", the "State", or "Colorado Division of Aeronautics") requires, has funds available for, and has determined such supplies, equipment, and services should be obtained from the FAA, and Eagle County, Colorado, on behalf of its Regional Airport (hereinafter referred to as "Eagle" or "Airport"), hereby grants permission to the FAA and/or FAA's Contractor to install equipment in the Airport facility and train Airport employees; WHEREAS, it has been determined that competition with the private sector for provision of such supplies, equipment and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Project Sponsor while helping to advance the FAA's mission. WHEREAS, 49 USC Section 106(1) and (m) authorizes agreements and other transactions on such terms and conditions as the Administrator determines necessary. NOW THEREFORE, the FAA, Project Sponsor, and Eagle County mutually agree as follows: ARTICLE I -Type of Agreement This agreement (hereinafter referred to as "Agreement" or "Contract") is an "other transaction" within the meaning of 49 USC 106. It is not intended to be, nor shall it be construed as, a partnership, corporation, or other business organization. Page 1 of 13 ARTICLE II -Scope of Agreement and Description of Project A. The purpose of this Agreement between the FAA, the State, and Eagle County is to establish a strategic relationship with respect to deploying a radar display at an airport traffic control tower ("ATCT") that is not associated with a parent terminal radar approach control ("TRACON") facility. The Eagle ATCT is a contract tower facility manned by FAA Contract Tower Program controllers. The objective of this Agreement is to provide a vehicle to enable the State to reimburse the FAA for the purchase of a Standard Terminal Automation Replacement System ("STARS") Local Integrated Tower Equipment ("CITE") Stand-Alone Tower Display System ("SATDS") and associated services. Because the STARS CITE will be used by ATCT controllers as an advisory tool within the National Airspace System, the Agreement is required to provide training and certification in accordance with FAA Orders. This Agreement will specify overall responsibilities, oversight authority, funding processes, and installation and certification requirements. The State is working with and on behalf of the Eagle County to secure the equipment and services named in this agreement. B. FAA Roles and Responsibilities 1. System Acquisition. The FAA will manage the acquisition and installation of the STARS CITE at the Eagle County Regional Airport ATCT. The FAA shall deliver the STARS CITE no later than September 30, 2010. 2. System Requirements. The FAA will ensure that the STARS CITE is developed in accordance with FAA's Requirements Document for the Stand-Alone Tower Display System, dated January 13, 2003. 3. Site Survey. The FAA and/or its contractor will conduct a Site Survey to determine the requirements necessary for site preparation. 4. Site Preparation. The FAA will conduct STARS CITE site preparation activities as agreed to in the site survey. Installation. The FAA and its contractor, Raytheon, will install the system in the Eagle County Region Airport Air Traffic Control Tower (ATCT) as determined by the Site Survey. 6. Radar Connection. The FAA shall work with its contractor, Harris Corporation, to establish communication between the Air Traffic Control Beacon Interrogator (ATCBI) secondary surveillance radar system at the Eagle County Regional Airport and the Eagle County Regional Airport Air Traffic Control Tower (ATCT). 7. Sycter„ Testing. The FA_A and!or its contractor wi1.1 conduuct or.-site testing of the STARS CITE following delivery of the system to verify proper installation and system operation. Page2ofl3 Certification. The FAA will certify the STARS LITE in accordance with FAA Order 6000.15, General Maintenance Handbook for Airways Facilities. 9. System Maintenance. The FAA shall maintain the STARS LITE in accordance with FAA Order 6000.30, National Airspace System Maintenance Policy. 10. Periodic Inspections. The FAA will provide periodic inspections of the STARS LITE including the maintenance log and security logs. 11. Training. The FAA and/or its contractor will provide STARS LITE training to Eagle County Regional Airport air traffic controllers and maintenance personnel in accordance with the FAA Standard. The training shall be accomplished no later than October 31, 2010. 12. STARS LITE Spares. The FAA will provide sufficient STARS LITE spares in accordance with FAA Order 6000.38, Policy to determine NAS Equipment Sparing Requirements for Airway Facilities Work Center. 13. Replacement of Failed Components. The FAA will provide replacement/repair of failed STARS LITE components from the FAA Logistics Center. C. Project Sponsor (Colorado Division of Aeronautics) and/or Eagle County's Roles and Responsibilities: 1. System Acquisition. The State shall provide funding to the FAA for acquisition of the STARS LITE system only as provided in this Agreement. 2. Initial System Maintenance. The Colorado Division of Aeronautics shall provide funding to the FAA for maintenance of the STARS LITE thru September 30, 2010 pursuant to this Agreement. 3. The Colorado Division of Aeronautics agrees to provide funding for ls' (WB5010, WB5020, WB5030, and WB5090) and 2na (WB5100) Level Engineering support for the two year period stipulated in Article II, Section D below. 4. Configuration. The Colorado Division of Aeronautics is not required and not responsible under this reimbursable agreement to the FAA to keep the STARS LITE system consistent with any approved configuration changes (hardware or software) to the FAA's product baseline. 5. Failed Components. Any failed STARS LITE components replaced or repaired by the FAA Logistics Center will be paid for by the Colorado Division of Aeronautics at the time of the replacement/repair for the period of this Reimbursable Agreement. Page 3 of 13 6. Site Survey. The Colorado Division of Aeronautics shall make provisions for the FAA and/or its contractor, Raytheon, to conduct a site survey prior to ordering the STARS LITE system from the manufacturer. The Colorado Division of Aeronautics shall have an individual authorized to make pertinent decisions present to participate in the site survey and the decision making process. 7. Site Preparation. The Colorado Division of Aeronautics will conduct necessary STARS LITE site preparation activities as deternlined by the Site Survey. 8. Radar Connection. The Colorado Division of Aeronautics shall work with the FAA to establish communication between the Air Traffic Control Beacon Interrogator (ATCBI) secondary surveillance radar system at the Eagle County Regional Airport and the Eagle County Regional Airport Air Traffic Control Tower (ATCT) and will be responsible for all leased telecommunication costs that would be required for the system to function correctly. 9. System Defects. The Eagle County Regional Airport shall report all problems to the FAA in accordance with procedures provided by the FAA Operations Support Facility (OSF) as provided in Section D below. 10. Controller Training. The Eagle County Regional Airport shall require all air traffic controllers to be trained on using the STARS LITE. 11. Security. The Eagle County Regional Airport agrees to meet FAA Security requirements in accordance with FAA order 1370.82, Information Systems Security Program, and as set forth in the applicable STARS LITE Technical Instructions, for the facility and personnel and further agrees 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. All air traffic controllers and maintenance technicians shall participate in the initial security training applicable to their roles and responsibilities and in annual security refresher training. All personnel shall comply with the FAA Security Incident Reporting requirements. 12. Disposal. Not applicable under this Reimbursable Agreement. Page 4 of 13 D. List the estimated FAA project costs Estimated Costs Description of Reimbursable Item Task (WBS) Total Costs STARS LITE system (includes High Brightness Displa and FDIO Interface with Safet Alerts WB4010 163,494 Initial Site Spares with Safety Alert/FDIO and CDR WB4010 27, 60 9 AT Operations (3 days) Training and AF Maintenance (3 days) Training W64010 ___ _ 29,049 STARS LITE Maintenance Laptop W64010 5710 STARS LITE radar video maps ($400.00/map X 6 maps) WB4020 2,400 STARS LITE MSAW terrain ma WB4020 2,200 Site Preparation WB4020,WB4050,WB4060,WB4080 6000 Resident Engineer WB4050 10,300 En ineering Technician WB4020 8000 Local Adaptation (OSF) WB4020 10,000 Site Test, Shakedown, CAI and Certification Sup ort WB4060 10,000 15~ Level Maintenance Su ort 2 ears-FY2009/2010 WB5010,WB5020,WB5030,WB5090 5,354 OSF Support (2years- FY2009/2010) WB5100 4,000 2"d Level Engineerin Sup ort 2 ears- FY2009/2010 W65100 26,000 FTI Telecommunication costs (2 year lease- FY2009) W64080 9,379 Agreement Subtotal 319,495.00 FAA Overhead (6.0%) 19,169.70 Total Estimated Costs $338,664.70 E. The maximum amounts payable under this Agreement by the State, by federal fiscal year, are: FY '10 (11/01/09 - 9/30/10) $319,927.10 FY '1l (10/O1/10 - 9/30/11) $18,737.62 F. The FAA will charge the Project Sponsor for administrative overhead at the current rate of 6.0% which is included in the estimated costs (see Section D). Page5of13 ARTICLE III -Term and Effective Date The agreement shall become effective upon the date of the signature of the Colorado State Controller or his designee and shall continue for a period not to exceed thirteen (13) months from the effective date unless otherwise terminated. ARTICLE IV -Reimbursement, Performance, and Accouutin~ Arrangement A. The Project Sponsor agrees to prepay the entire estimated cost of the Agreement. The Project Sponsor wilt send a copy of the executed agreement and full advance payment in the amount of $ 338,664.70 to the Accounting Division listed in Section D of this article. The advance payment will be held as anon-interest bearing deposit. Such advance payment by the Project Sponsor must be received before the FAA incurs obligation to implement this Agreement. Any amount due on the final bill will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the Project Sponsor. However, the State cannot pay all or part of the final bill if it exceeds the maximum amount established in Article II, Section E above. If the FAA anticipates that the maximum amount of this Agreement will be exceeded, the procedure established in Section F if this Article must be followed. B. In determining the costs to the FAA, there shall be included a general administrative overhead cost based on the current rate of 6.0% of the project costs. This overhead represents the cost to the FAA of those indirect expenses that are a part of the cost of overhead agency operations. C. The FAA hereby assigns the responsibility for the accomplishment of this Agreement to the Western Service Area. D. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Project Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments must include the Agreement number, Agreement name, sponsor name, and mailing address. FAA-Mike Monroney Aeronautical Center ATTN: AMZ-330 P.O. Box 25082 Oklahoma City OK 73125 Telephone - (405) 954-9429 The overnight mailing, address is: nO'T/FAsJMike Monr oney Aero::a'.:tical Cen±er AMZ-330 Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 Page6ofl3 The Project Sponsor hereby identifies the office to which the FAA will render bill for the project costs incurred as: State of Colorado Travis Vallin, Aeronautics Director Department of Transportation Division of Aeronautics 5126 Front Range Parkway Watkins, Colorado 80137 303-261-4418 Fax 303-261-9608 Email: travis.vallin(a,dot.state.co.us Federal ID Number: 98-02565 DUNS #: 190016944 The Project Sponsor and Eagle County hereby identify the project point of contact as: Ovid Seifers, Director Eagle County Regional Airport P.O. Box 850 Eagle, Colorado 81631 Telephone (970) 328-2680 FAX: (970) 524-8247 E. Billing will be made by FAA on SF-1114. The Reimbursable Bill Support List (a summary of cost by object class) will accompany all bills. F. Estimate as contained in Article II of $338,664.70 is the maximum amount of this Agreement. If during the course of this Agreement, the FAA expects costs to exceed this maximum amount, the FAA will notify the Project Sponsor immediately. The FAA will stop work under the Agreement when it anticipates the maximum amount of the Agreement will be exceeded. The FAA will also provide the Project Sponsor a modification to the Agreement which includes FAA additional costs plus overhead for the Project Sponsor's review and approval. The Project Sponsor will send a copy of the executed amended Agreement to the FAA-Mike Monroney Aeronautical Center with the additional advance payment. Project Sponsor shall not be liable to FAA for any additional costs over the maximum amount if FAA incurs these additional costs before a modification to the Agreement is fully executed. ARTICLE V -Amendment Changes and or modification to this Agreement shall be made in writing, signed by authorized representatives of each party, and comply with State Fiscal Rules. Page7ofl3 ARTICLE VI -Liability FAA assumes no liability for any actions or activities conducted under this Agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b) and 2671-2680). ARTICLE VII - Damage to FAA Property The parties understand that no FAA property is subject to this Agreement. ARTICLE VII -Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party (other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date) by giving at least thirty (30) days prior written notice of termination. Upon receipt of a notice of termination, the receiving party shall take immediate steps to stop accrual of any additional obligation, which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE VIII -Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any disagreement through good faith negotiations, the dispute maybe resolved by the FAA Administrator, or designee whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see e.g. 49 USC 46110). ARTICLE IX -Funds Availability The Project Sponsor certifies that arrangements for sufficient funding appropriations have been made for payments of the estimated costs set forth above. ARTICLE X -Construction of the Agreement This Agreement is an "other transaction" issued under 49 USC 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. F.ach party aelrnp~ulerjgec that all part1Ps hereto partieipaterl eq~wally in the 1?egotlatlnn anrYl drafting of this Agreement and any amendments thereto, and that, accordingly, this Agreement shall not be construed more stringently against one party than against the other. Page 8 of 13 ARTICLE XI- Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability or fitness for a particular purpose of any property, including any equipment, device or software that maybe provided under this Agreement. ARTICLE X1I -Protection of lnformation 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 XIII -Order of Precedence In the event of any inconsistency between the terms of this Agreement, the inconsistency shall be resolved by giving preference in the following order: A. Colorado Special Provisions B. The rest of the Agreement. C. The Attachments. ARTICLE XIV-Legal Authority This 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 Administrator determines necessary. FAA warrants that it has the legal authority to enter into this Agreement. ARTICLE XV-Civil Rights Act Eagle County Regional Airport shall comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE XVI -Officials Not To Benefit AMS 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 XVII- Securi Security for the STARS LITE system shall be maintained in accordance with the FAA Order 1370.82, Infornlation Systems Security Program, and as set forth in the applicable STARS LITE Technical Instnictions. Page9of13 ARTICLE XIX-Transfer of Property Section 44502(e) Transfer of Property. The Colorado Division of Aeronautics may transfer a Stand Alone Tower Display and associated equipment to FAA without consideration, in accordance with the provisions of 49 USC 44502(e). FAA shall accept the system so transferred, and shall maintain and operate it under FAA-established criteria. ARTICLE XX-Entire Agreement This document is the entire agreement of the parties, who accept the terms of the Agreement as shown by their signatures below. In the event the parties duly execute any amendment to the Agreement, the terms of such amendment shall supersede the terms of this Agreement to the extent of any inconsistency. If not executed by the Colorado Division of Aeronautics within 100 calendar days of the FAA signature below, the terms offered under this Agreement are void. Page 10 of 13 ARTICLE XXII -SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS X24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. Page 11 of 13 FAA Agreement No. AJT-FN-NAT-09-0473 Non-Federal Reimbursable Agreement between the Federal Aviation Administration, State of Colorado Division of Aeronautics, and Eagle County, Colorado THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT FEDERAL AVIATION ADMINISTRATION STATE OF COLORADO Name: Peter DeWald Bill Ritter Jr., GOVERNOR Title: Contracting Officer, AJA-46 ~'%'-~/ ~~ ~ /C' ~ c o~ BYE V/~ lC,wcG~,, \ ~~: Vla`r• ~o~' ~ ~- a~ `~ Sig ature and Date For The Executive Director e ~ l y"~~ ~~'~ ~~ ~~ Y ~a~ ~r Colorado Department of Transportation LEGAL REVIEW: John W. Suthers, Attorney General By: ALL CONTRACTS_ REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contactor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: .. Date: ~ ~~z ~` v~ Page 12 of 13 This page left intentionally blank Page 13 of 13 W arrant No. 0 0 0 3 0 0 9 6 217 STATE OF COLORADO ~ 1 1 HAA FAA/EAGLE FAA/Eagle Reimbursable M ~-I O O 1510301913 12~ 28r 0 ~ r r r r r r r r r i ~ r r r r r r i r r i I i i ~ r r r r r r r r r r r i r r r r r r r r r r r r r r r r i r r r r r r r r r r r r r r r r r r r r r i r r r r i r r ~ r r r r . r r NON 338664/70 r i r r r r r r r r r r i i r r r r i r ;NET 338664170 NEGOTIABLE STATE OF COLORADO warrant NO. 00030096217 OFFICE OF THE STATE CONTROLLER WARRANT MONTH DAV YEAR ON THE TREASURER OF THE STATE OF COLORADO 5 6 - ~ , a a / a a t 12 2 c~. ~ C~ ~ Charge to: HX COL© DEPT OF' TRANSP0I~TATION IT 303 ?57 99961 AY EXACTLY**THREE HUNDRED THIRTY-EIGHT THOUSAND SIX HUNDRED SIXTY-FOUR & 70.00/100*** '' FEDERAL AVIATION ADMINISTRATION I' AY PO THE `' oROER 600 INDEPENDENCE AVE NW ~ °F WASHINGTON DC ?. 0 5 91 I OUT OF MOP~IES NOT OTHERWISE APP~O PRIAfED PFVA6LE THROUGH ANV FlNAPlC AL TdSTITUTION ~~ SECURITY FEATURES INCLUDED, DETAILS ON BACK i~s~U~' ~~'" DOLLARS cEr~rs ***$338,664 70 'Dollars - --~o~ /%~~'~; ~- ?y STAT CONTROLLER y¢I~\/.; ~~~ x : ~~, . ~. ,~ x,96 STATE TR ASURER II'00300962L7ii' ~:044LL5443~: 6 3 7 2 3680 311'