HomeMy WebLinkAboutC10-060 Runway Extension Project Phase V FAA GrantU.S. Department
of Transportation
GRANT AGREEMENT
Federal Aviation
Administration
Part I -Offer
Date of Offer: March 3, 2010
To: County of Eagle, Colorado
(herein called the "Sponsor")
Airport: Eagle County Regional
Project Number: 3-08-0020-45
Contract Number: DOT-FAlONM-1007
DUNS Number: 08-402-4447
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 October 2, 2007 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:
Rehabilitate Runway 7/25 (Phase ~,
all as more particularly described in the Project Application.
FAA Form 5100-37 (7/90)
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 FEDERAL 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 accomplishing the Project, 95.00 per centum thereof.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Conditions
The maximum obligation of the United States payable under this offer shall be $943,363. 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- for planning
$943,363 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.
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 final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to the Federal share of costs.
4. The sponsor shall carry 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.
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 ot1 or before March 12, 2010, or such subsequent date as may
be prescribed in writing by the FAA.
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 any determination of the amount of the
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
FAA Form 5100-37 (7/90)
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.
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
Required for Use in AIP Funded and PFC Approved Projects," dated March 21, 2007, and included in this grant,
and in accordance with applicable state policies, standards, and specifications approved by the Secretary.
10. 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.
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 unilaterally 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 the description specified.
12. 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-11. 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 following:
a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
(1) location of all runways, taxiways, and aprons;
FAA Form 5100-37 (7/90)
and between the parties hereto that the approximate value of the final 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.
17. TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a
subrecipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a. l of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.l of this award term through conduct that is either-
A. Associated with performance under this award; or
B. hnputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
1. Is determined to leave violated an applicable prohibition in paragraph a. l of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated
an applicable prohibition in paragraph a.l of this award term through conduct that is either--
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49
CFR Part 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a, l of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22
U.S.C. 7104(g)), and
FAA Form 5100-37 (7/90)
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a. l of this award term in any subaward you make to a private
entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or
program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those
terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonproftt organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. Afor-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at
section 103 of the TVPA, as amended (22 U.S.C. 7102).
FAA Form 5100-37 (7/90)
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 the Act, 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.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
District Office
Part II - Acceatance
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.
,,r' ~,~
Executed this ~`' `= ~ day of11'%~ c ~ ~~_ , 2010.
Title:
Certificate of Sponsor's Attorney
I, ~f `da ~ T ~ T ~e ~, acting as Attorney for the Sponsor do hereby certify:
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.
n^
Dated at ~ ~ ~ ~ "'" this ~~ Y day of /V/-, ~ ~ 4 , X010.
~~ r.....--- ~~,~,_.~ _.. .
Signature of Sponsor's Attorney
FAA Form 5100-37 (7/90)
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Dated 3/21/2007
View the most current versions of these ACs and any associated changes at
http://www.faa.gov/airports airtrafficlairports/resources/advisory circulars/.
Number Title
70/7460-1K * Obstruction Markin and Li htin
15015000-13 Announcement ofAvailability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements
for Airport Surface Movement Sensors
150/5070-66 Airport Master Plans
15015070-7 Airport S stem Plannin Process
15015200-28C Notices to Airmen NOTAMS for Air orf 0 erators
150/5200-30A
and Changes 1
throw h 8 Airport Winter Safety and Operations
150/5200-33A Hazardous Wildlife Attractants On or Near Airports
150/5210-5B Paintin ,Markin and Li htin of Vehicles Used on an Airport
15015210-7C Aircraft Fire and Rescue Communications
150/5210-13B Water Rescue Plans, Facilities, and E ui ment
150/5210-14A Air ort Fire and Rescue Personnel Protective Clothin
150/5210-15 Airport Rescue &Firefi htin Station Buildin Desi n
150/5210-18 S stems for Interactive Trainin of Airport Personnel
150/5210-19 Driver's Enhanced Vision S stem DEVS
150/5220-46 Water Su I S stems for Aircraft Fire and Rescue Protection
150/5220-10C Guide S ecification for Water/Foam T e Aircraft Rescue and Firefi htin Vehicles
150/5220-13B Runwa Surface Condition Sensor Specification Guide
15015220-16C Automated Weather Observin S stems AWOS for NonFederal Applications
15015220-17A
and Chan e 1 Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildin s for Stora a and Maintenance of Air ort Snow and Ice Control E ui ment and Materials
15015220-19 Guide S ecification for Small Dual-A ent Aircraft Rescue and Firefi htin Vehicles
150/5220-20
and Chan e 1 Airport Snow and Ice Control Equipment
150/5220-216 Guide S ecification for Devices Used to Board Airline Passen ers With Mobilit Im airments
150/5220-22A En ineered Materials Arresting S stems EMAS for Aircraft Overruns
150/5300-13
and Changes 1
throw h 11 Airport Design
150/5300-14
and Changes 1
throw h 2 Design of Aircraft Deicing Facilities
150/5300-16 General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic Surve
15015300-17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to
the National Geodetic Surve
15015300-18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection
and Geographic Information S stem GIS Standards
15015320-5B Airport Draina e
150/5320-6D
and Changes 1
throw h 4 Airport Pavement Design and Evaluation
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14 Air ort Landsca in for Noise Control Pur oses
150/5320-15
and Change 1 _ Management of Airport Industrial Waste
15015325-4B Runwa Length Requirements for Airport Desi n
150/5335-5A Standardized Method of Re ortin Pavement Stren th PCN
15015340-1J Standards for Air ort Markin s
150/5340-5B
and Change1 _
Segmented Circle Airport Marker System
15015340-18D Standards for Airport Si n S stems
150/5340-30B Desi nand Installation Details for Airport Visual Aids
15015345-3E S ecification for L-821 Panels for Control to Air ort Li htin
150/5345-5A Circuit Selector Switch
150/5345-7E Specification for L-824 Under round Electrical Cable for Airport Li htin Circuits
15015345-10F Specification for Constant Current Re ulators Re ulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
15015345-13A S ecification for L-841 Auxiliar Rela Cabinet Assembl for Pilot Control of Air ort Li htin Circuits
150/5345-26C Specification for L-823, Plu and Rece tacle, Cable Connectors
15015345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator S stems PAPI
150/5345-39C FAA S ecification L-853, Runwa and Taxiwa Retroreflective Markers
15015345-42F S ecification for Air ort Li ht Bases, Transformer Housin s, Junction Boxes and Accessories
150/5345-43F Specification for Obstruction Li htin E ui ment
15015345-44G S ecification for Taxiwa and Runwa Si ns
150/5345-45B Low-Impact Resistant LIR Structures
150/5345-46C S ecification for Runwa and Taxiwa Li ht Fixtures
150/5345-476 S ecification for Series to Series Isolation Transformers for Air ort Li htin S stems
15015345-49B Specification L-854, Radio Control Equipment
150/5345-50A Specification for Portable Runwa Li hts
15015345-51A Specification for Dischar e-T e Flasher Equi ment
150/5345-52 Generic Visual Glideslo e Indicators GVGI
150/5345-53C Air ort Li htin E ui ment Certification Pro ram
150/5345-4A
and Chan e 1 Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55 Li hted Visual Aid to Indicate Tem ora Runwa Closure
150/5345-56 S ecifications for L-890 Airport Li htin Control and Monitorin S stem ALCMS
150/5360-9 Plannin and Desi n of Airport Terminal Facilities at Non-Hub Locations
150/5360-12D Airport Si nin & Graphics
150/5360-13
and Chan e 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370-2E Operational Safet on Airports Durin Construction
150/5370-10B Standards for Specif in Construction of Air orts
150/5370-11A Use of Nondestructive Testin Devices in the Evaluation of Air ort Pavement
150/5380-6A Guidelines and Procedures for Maintenance of Air ort Pavements
150/5390-2A Heliport Desi n
150/5390-3 Vertiport Desi n
150/5395-1 Seaplane Bases
The Following Additional Apply to AIP Projects Only
Dated: 3/21/2007
Number Title
150/5100-14D Architectural, En ineerin ,and Plannin Consultant Services for Airport Grant Pro~ects
150/5100-15A Civil Ri hts Re uirements for the Airport Improvement Pro ram
150/5100-17
and Changes 1
through 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects
150/5200-37 Introduction to Safet Mana ement S stems SMS for Air ort 0 erators
150/5300-15 Use of Value En ineerin for En ineerin Desi n of Airport Grant Pro~ects
150/5320-17 Airfield Pavement Surface Evaluation and Rating PASER Manuals
150/5370-66 Construction Pro ress and Inspection Report--Airport Grant Pro ram
150/5370-11A Use of Nondestructive Testin Devices in the Evaluation of Air ort Pavements
150/5370-12 Qualit Control of Construction for Air ort Grant Pro~ects
150!5370-13A Offpeak Constuctien, of ,4irport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Mana ement S stem
150/5380-8 Handbook for Identification of Alkali-Silica Reactivit in Airfield Pavements
The Following Additional Apply to PFC Projects Only
Dated: 3/21/2007
Number _~ Title
150/5000-12__~ Announcement ofAvailability--Passenger Facility Charge (PFC) Application (FAA Form 5500-1)
