HomeMy WebLinkAboutC15-330 FAA Grant to Rehabilitate Air Carrier Apron b
U.S.Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer July 23, 2015
Airport/Planning Area Eagle County Regional Airport
AIP Grant Number 3-08-0020-055-2015 (Contract No. DOT-FA15NM-1032)
DUNS Number 08-402-4447
TO: Eagle County, 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 July 17, 2015, for a grant of Federal funds
for a project at or associated with the Eagle County Regional Airport, which is included as part of this Grant Agreement;
and
WHEREAS,the FAA has approved a project for the Eagle County Regional Airport (herein called the "Project") consisting
of the following:
Rehabilitate Air Carrier Apron (Construction, Phase IV)
which is more fully described in the Project Application.
NOW THEREFORE, according to the applicable provisions of the former Federal Aviation Act of 1958, as amended and
recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended
and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations
contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant
Assurances dated March 2014 and revised on April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the
Grant Assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay 90.00 percent of the allowable costs incurred accomplishing the Project as the United States share of the
Project.
1 I Page 3 - 08 - 0020 - 055 - 2015
cic-33o
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is$6,929,263.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this
purpose:
$0 for planning
$6,929,263 for airport development or noise program implementation
$0 for land acquisition.
2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in
accordance with the regulations, policies and procedures of the Secretary. 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. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and
complete the project without undue delays and in accordance with this agreement, and the regulations, policies
and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this
agreement.
5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this
offer at any time prior to its acceptance by the Sponsor.
6. Offer Expiration Date. This offer will expire and the United States will 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 21, 2015, or such
subsequent date as may be prescribed in writing by the FAA.
7. Improper Use of Federal Funds. The Sponsor must 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 dispersed by the Sponsor that were originally paid
pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as
to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered
Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must
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 require advance approval by the Secretary.
8. United States Not Liable for Damage or Injury. The United States is 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.
9. System for Award Management(SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until
the Sponsor submits the final financial report required under this grant, or receives the final payment,
whichever is later. This requires that the Sponsor review and update the information at least annually after
the initial registration and more frequently if required by changes in information or another award term.
2IPage 3 - 08 - 0020 - 055 - 2015
•
Additional information about registration procedures may be found at the SAM website (currently at
http://www.sam.gov).
B. Requirement for Data Universal Numbering System (DUNS) Numbers
1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its
DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters
into an agreement with the Sponsor to provide services or other work to further this project, and is
accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be
provided through any legal agreement, including a contract.
2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS
number to the Sponsor.
3. Data Universal Numbering System: DUNS number means the nine-digit number established and assigned
by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be
obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at
http://fedgov.dnb.com/webform).
10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation
(DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Projects. 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 or five
percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum
obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun
in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not
exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant
description is advantageous and in the best interests of the United States, the FAA can issue a letter to the
Sponsor amending the grant description.
By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the
amount or description in the letter.
12. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality standards for all
projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or
terminate this grant.
13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting
requirements and payment requirements, including submittal of timely and accurate reports.
14. Buy American. Unless otherwise approved in advance 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 which funds are provided under this grant. The Sponsor will include a provision
implementing Buy American in every contract.
15. Maximum Obligation Increase for Primary Airports. In accordance with 49 U.S.C. § 47108(b), 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 project.
16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The
Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit
Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also
provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office.
17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor,
3IPage 3 - 08 - 0020 - 055 - 2015
person,or entity.
18. Ban on Texting When Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving,
October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is
encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including
policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal
government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting
while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants,
contracts and subcontracts
19. Trafficking in Persons.
A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a
State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor
employees,subrecipients of private or public Sponsors(private entity)are:
1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect; or
3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under
the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA, Section 106(g) of the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to
unilaterally terminate this agreement,without penalty, if a private entity—
1. Is determined to have violated the Prohibitions;or
2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either—
a. Associated with performance under this agreement; or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49
CFR Part 29.
20. Exhibit A Included with Grant Application. The Exhibit "A" updated August 20, 2014, submitted with the project
application is made a part of this grant agreement.
21. Pavement Maintenance Management Program: The Sponsor agrees that it will implement an effective airport
pavement maintenance management program as required by Grant Assurance Pavement Preventive
Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed,
reconstructed, or repaired with federal financial assistance at the airport. The Sponsor further agrees that the
program will
1. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements,"
for specific guidelines and procedures for maintaining airport pavements, establishing an effective
maintenance program, specific types of distress and its probable cause, inspection guidelines, and
recommended methods of repair;
2. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and
repair, is performed;
4IPage 3 - 08 - 0020 - 055 - 2015
3. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference,
meeting the following requirements:
a. Pavement Inventory.The following must be depicted in an appropriate form and level of detail:
1) location of all runways, taxiways, and aprons;
2) dimensions;
3) type of pavement, and;
4) year of construction or most recent major rehabilitation.
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 the Advisory Circular 150/5380-6, 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. For drive-by inspections, the date of inspection and
any maintenance performed must be recorded.
4. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance
performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and
remedial action, scheduled or performed, must be documented. The minimum information is:
a. inspection date;
b. location;
c. distress types; and
d. maintenance scheduled or performed.
5. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by
the pavement survey to provide a report to the FAA as may be required.
22. Projects Which Contain Paving Work in Excess of$500,000: The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to the start of construction which details the
measures and procedures to be used to comply with the quality control provisions of the construction
contract, including, but not limited to, all quality control provisions and tests required by the Federal
specifications. The program must include as a minimum:
1) The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the contract.
2) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the
project,together with a description of the services to be provided.
3) Procedures for determining that the testing laboratories meet the requirements of the American Society
of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D
3666,C 1077).
4) Qualifications of engineering supervision and construction inspection personnel.
5) A listing of all tests required by the contract specifications, including the type and frequency of tests to be
taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances
permitted for each type of test.
6) Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions,where necessary, are undertaken.
b. Submit at completion of the project,a final test and quality control report documenting the results of all tests
performed, highlighting those tests that failed or that did not meet the applicable test standard. The report
must include the pay reductions applied and the reasons for accepting any out-of-tolerance material. An
interim test and quality control report must be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests,will, absent
any compelling justification; result in a reduction in Federal participation for costs incurred in connection
with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be
5 ' Page 3 - 08 - 0020 - 055 - 2015
based on the type or types of required tests not performed or not documented and will be commensurate
with the proportion of applicable pavement with respect to the total pavement constructed under the grant
agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that sponsor test results are inaccurate.
23. Final Project Documentation: The Sponsor understands and agrees that in accordance with 49 USC 47111, and
the Airport District Office's concurrence, that no payments totaling more than 97.5 percent of United States
Government's share of the project's estimated allowable cost may be made before the project is determined to be
satisfactorily completed. Satisfactorily complete means the following: (1)The project results in a complete, usable
unit of work as defined in the grant agreement; and (2) The sponsor submits necessary documents showing that
the project is substantially complete per the contract requirements, or has a plan (that FAA agrees with) that
addresses all elements contained on the punch list.
24. AGIS Requirements: Airports GIS requirements, as specified in Advisory Circular 150/5300-18, apply to the project
included in this grant offer. Final construction as-built information or planning deliverables must be collected
according to these specifications and submitted to the FAA. The submittal must be reviewed and accepted by the
FAA before the grant can be administratively closed.
6 IPage 3 - 08 - 0020 - 055 - 2015
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 AVIA
7,
MINISTRATION
4r
ignature)
hn P.Bauer
(Typed Name)
Manager,Denver Airports District Office
(Title)
PARTII-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.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this 4}1A- day of A-(A,{,.cc— , 2015 .
COUNTY OF EAGLE,COLORADO
(Name of'p/sor)I
tiff 11/I . . --A
A. • --
Signatu C of ponsor's Designated Officio Representa d:.
By: C- " .kQ,(r-
(Printed Name f Sponsor's Designated Official Re esentative)
Title: GONNIm\SSll04,1r dw K
(Title of Sponsor's Designated Official Representative)
� CERTIFICATE OF SPONSOR'S ATTORNEY
I, ' ,Yscc. \ IZ.:1-NC'e t,\_ ,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 3..' 9 f AA this 4' day of RAMC'k.cer- , 2015
By
(Signature of Sponsor's Attorney)
1
Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.Section 1001(False
Statements)and could subject you to fines,imprisonment,or both.
7IPage 3 - 08 - 0020 - 055 -2015
