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Home My WebLink AboutC10-221 Airport Master Plan Study Grant U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I -Offer Date of Offer: July 22, 2010 Airport: Eagle County Regional Airport Project Number: 3-08-0020-046 Contract Number: DOT-FAlONM-1090 DUNS Number: .084024447 To: County of Eagle, Colorado (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the ~~F~~~) Whereas, the Sponsor has submitted to the FAA a Project Application, dated February 16, 2010, for a grant of Federal funds for a project at or associated with the Eagle County Regional Airport, CO, 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: Update Airport Master Plan Study all as more particularly described in the Project Application. FAA Form 5100-37 (7/90) 1 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 $325,000. 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: $325,000 for planning $0 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. 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. 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 July 27, 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) 2 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 June 2, 2010, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. 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 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. 11. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 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. 12. It is understood and agreed by and between the parties hereto that the STANDARD DOT TITLE VI ASSURANCES executed by the Sponsor is hereby incorporated herein and made a part hereof by reference. 13. 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. 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. FAA Form 5100-37 (7/90) 14. 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. Procurt 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. Imputed 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 have 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 ii. Is in addition to all other remedies for noncompliance that are available to us under this award. FAA Form 5100-37 (7/90) 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 nonprofit 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). 15. 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 (7/90) 5 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. ~JNITED STATES OF AMERICA AVIATION ADMINISTRATION 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 :~-,fday o~,~_~, 2010. 1 :~ COUNTY OF EAGLE, COLORADO b: ~~~ ; m (SEAL) ~~ ,~ `4.:; `' Attest: - i Title:~~~,e%'~ ~f' .~-- Sponsor's Designa d Official Representative ~\~ Certificate of Sponsor's Attorney ' ..%' I,G/?,c-z~ ~.;~~.~~2-=-<--- ,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. Dated at ~~~ ,c'- ~~~~i this ~! day of ~~ , 2010. ..~.~~..._.-r--. Signature of Sponsor's Attorney FAA Form 5100-37 (7/90) FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 6/2/2010 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory circulars NUMBER :. ~, ~: ; -., .; TITLE 't` 70/7460-1 K Obstruction Marking and Lighting 150/5000-13A Announcement of Availability-RTCA Inc., Document RTCA-221, Guidance and Recommended Re uirements for Air orts Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-66 Chan e 1 Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Airport Winter Safety and Operations 150/5200-336 Hazardous Wildlife Attractants On or Near Airports 150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing 150/5210-15A Airport Rescue & Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DENS) 150/5220-46 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-136 Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems for Non-Federal Applications FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 ~, NUMBER,:. TITLE - ~ `s 150/5220-17A Design Standards for an Aircraft Rescue Firefighting Training Facility and Chan e 1 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control E ui ment and Materials 150/5220-20 Airport Snow and Ice Control Equipment and Chan e 1 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Im airments 150/5220-22A Engineered Materials Arresting System (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5300-13 and Airport Design Changes 1 -15 150/5300-146 Desi n of Aircraft Deicin Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Surve 150/5300-176 General Guidance and Specifications for Aeronautical Survey Airport Imagery Ac uisition 150/5300-186 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5C Surface Drainage Design and Chan e 1 150/5320-6E Air ort Pavement Desi nand Evaluation 150/5320-12C and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport throu h 8 Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 NUMBER TITLE 150/5320-15A Management of Airport Industrial Waste 150/5325-46 Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1 J and Chan e 2 Standards for Airport Markings (Change 1 &2) 150/5340-5C Segmented Circle Airport Marker System 150/5340-18E Standards for Airport Sign Systems 150/5340-30D Design and Installation Details for Airport Visual Aids 150/5345-3F Specification for L821 Panels for the Control of Airport Lighting 150/5345-56 Circuit Selector Switch 1505345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Air ort Li htin Circuits 150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator (PAPI) Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44H Specification for Taxiway and Runway Signs 150/5345-45C Low-Impact Resistant (LIR) Structures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2. 2010 '" NUIVIBER~ ` ,; ~~. , ,~,. y M ~TlTIE x. 't"~ ~' ~~ ' ~'~ .. - ,~ ~.. .: . , 150/5345-46D Specification for Runway and Taxiway Light Fixtures 150/5345-476 Specifications for Series to Series Isolation Transformers for Airport Lighting S stem 150/5345-49C Specification L854, Radio Control Equipment 150/5345-506 Specification for Portable Runway and Taxiway Lights 150/5345-51A Specification for Discharge-Type Flasher Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-546 Specification for L-1884, Power and Control Unit for Land and Hold Short 150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56A Specification for L-890 Airport Lighting Control and Monitoring System ALCMS 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12E Airport Signing and Graphics 150/5360-13 and Chan e 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports During Construction 150/5370-10E Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-26 Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 NUMBER TITLE 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 and Changes 1 throu h 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airtield Pavement Surtace Evaluation and Rating (PASER) Manuals 150/5370-6D Chan a 1-4 Construction Progress and Inspection Report -Airport Grant Program 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management Program 150/5380-8A Handbook for Identification of Alkali-Silica Reactivity in Airtield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 6/2/2010 NUMBER TITLE ''°' 150/5000-12 Announcement of Availability -Passenger Facility Charge (PFC) Application (FAA Form 5500-1) TERM SHEET 1) Requested hearing date: (First choice) (Second choice) 2) For County Manager signature: n/a 3) Requesting department: Airport 4) Title: US Department of Transportation, Federal Aviation Administration, ant Agreement, Part I -Offer -Update Airport Master Plan Study 5) Convening as another board or authority? Airport 6) Check one: Consent: X On the Record: 7) Staff submitting: Chris Anderson 8) Purpose: Formal acceptance of USDOT, FAA Grant Offer. 9) Schedule: n/a 10) Financial considerations: Under this Grant Offer the FAA is proposing to allow Eagle County Airport the use of $325,000 of its 2010FY Entitlement Funds to update the Airport Master Plan, at a 95% match. Airport will be responsible for 5% matching funds, or an amount of up to $17,106.00 9) Other: ~~U ~;~ J~1 U; %'~ ~ ~;p ~-~' ~, ;~ A ~ ~~ y,~ ,' . ?Y ~~ ~~. gpPHOV~ q~FORM r ~~ ~~qle County Attotney' ice gY~ ~~g-~-- y oun y Comtt-i~ e~l~~ f ics