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HomeMy WebLinkAboutC18-286 Federal Aviation AdministrationC18-286 U.S. Department of Transportation Federal Aviation Administration Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: County of Eagle, Colorado GRANT AGREEMENT PART I -OFFER September 13, 2018 Eagle County Regional Airport 3-08-0020-059-2018 3-08-0020-059-2018 {Contract No. DOT-FA18NM-1074) 08-402-444 7 (herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-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 June 25, 2018, 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: Reconstruct North General Aviation Apron (Phase II -Construction) 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 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. 3-08-0020-059-2018 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 $5,659,460. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $5,659,460 for airport development or noise program implementation; and, $0 for land acquisition. 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs -Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA to allowable costs for Sponsor direct salaries and wages. s. 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. 6. 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. Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the assurances which are part of this agreement. 7. 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. 8. 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 September 19, 2018, or such subsequent date as may be prescribed in writing by the FAA. 9. 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 for 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 21 1 3-08-0020-059-2018 other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary . 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11. 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 ma i ntain 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 . Additional info r mation about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System : DUNS number means the ni ne -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 866-705-5771) or on the web (current ly at http://fed gov .dnb .com/webform). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA , the Sponsor must make each payment request under this agreement electronically via the Delph i elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees . 13. 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 amendment to the Sponsor unilaterally reducing the maxim um obligation . The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual elig i ble and allowab le project costs to cover the amount of the overrun provided it will not exceed the statutory limitations fo r grant amendments . The FAA's authority to increase the maximum obligation does not apply to the "planning " component of condition No . l. The FAA can also issue an informal letter amendment that modifies the grant descript i on to correct administrative errors or to delete work items if the FAA finds it advantageous and i n the best in t erests of the Un ited States . An informa l letter amendment has the same force and effect as a formal grant amendment . 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all proj ects in this grant. If the Sponso r fa i ls to comply with this requirement, the FAA may suspend , cance l, or terminate this agreement . 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requ i rements, including submittal of timely and accurate reports . 16. Buy American. Unless otherwise approved in advance by the FAA , the Sponsor will not acqu i re or permit any contracto r or subcontracto r to acquire any steel or manufactured products produced outside the United States to be used for any project for w hich funds are provided under this grant. The Sponsor will include a provis ion i mplementing Buy American in every cont ract. 17. 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 i ncreased for a planning project; B. may be i ncreased by not more than 15 percent for development projects; C. may be in creased by not mo re t han 15 percent for a land project. 3 1Page 3-08-0020-059-2018 18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific aud it in accordance with 2 CFR part 200 . The Sponsor must submit the audit reporting package to the Federal Audit Cle aringhouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200 , the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by : 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non -federa l entity is excluded o r disqual ified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating . B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e .g. Sub- contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. 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. Estab lishme nt 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 21. Exhibit "A" Property Map. The Exhibit "A" Property Map dated August 20, 2014, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 22. Employee Protection from Reprisal. A. Prohibition of Reprisals - 1 . In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d . A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2 . Persons and bodies covered : The persons and bodies to which a disclosure by an employee is covered are as follows: 41 Page 3-08-0020-059-2018 a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the grantee or subgrantee; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint -A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint -A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. s. Required Actions of the Inspector General -Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy -Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under41 U.S.C. § 4712(c). 23. Current FAA Advisory Circulars for AIP Projects. 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 February 20, 2018, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 24. Assurances. The Sponsor agrees to comply with the Assurances attached to this offer, which replaces the assurances that accompanied the Application for Federal Assistance. 25. Final Project Documentation. The Sponsor understands and agrees that in accordance with 49 USC 47111, and with the Airport District Office's (ADO) concurrence, that no payments totaling more than 90.0 percent of United States Government's share of the project's estimated allowable cost may be made before the project is determined to be substantially complete. Substantially 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. Furthermore, no payments totaling more than 97 .5 percent of the United States Government's share of the project's estimated allowable cost may be made until: (1) The sponsor submits all necessary closeout documentation and (2) The sponsor receives final payment notification from the ADO. 26. 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. 27. 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 A. 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; B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; 3-08-0020-059-2018 C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. location of all runways, taxiways, and aprons; b. dimensions; c. type of pavement, and; d. year of construction or most recent major rehabilitation. 2. Inspection Schedule. a. 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. b. 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. D. 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: 1. inspection date; 2. location; 3. distress types; and 4. maintenance scheduled or performed. E. 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. 28. Proiects 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; and 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. 8. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure 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. Submit interim test and quality assurance reports when requested by the FAA. 61 3-08-0020-059-2018 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 FM and will be 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. # 7 I age 3-08-0020-059-2018 The Sponsor's acceptance of this Offer and ratification and ado ption of the Project App li cation incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter prov ided, 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 an d the Sponso r with respect to the accomplishment of the Project and compliance with th e assurances and conditions as provided herein . Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDER Kristin Brownson (Typed Name) Act ing Manager, Denver Airports Dist rict Office {Title of FAA Official) PART II-ACCEPTANCE The Sponsor doe s 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.1 Executed this 'V .NIJ day of 0(1,Jo b kt!-2018 (Si no re of Sponsor's Authorized Offici I) By : I~ i-1 '°' CJ~ t)l..l,Lfl-. -~ VL"-1 (Printed Name of Sponsor's Authorized Officia l) Title: f'Jol!.C U~~ (Title of Sponsor's Authorized Official) CERTIFICATE OF SPONSOR'S ATTORNEY I, ---~B'-=_r-+'/~w"--'-"~-_,_r_r_e_y~~· acting as Attorney for the Sponsor do hereby certify : That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agre ement under the laws of the State of Colorado . Further, I have examined the foregoing Gran t Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution the reof 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 im pediments that will prevent full performance by the Sponsor. Further , it is my opinion that the said Grant Agreement constitutes a legal and bind ing obligation of the Sponsor in ac cordance with the terms thereof. Dated at .J,,. 0 O I> 1 " 0 cl 0o~on) this __ /_J_t-__ day of __ O~C-t~-~ ~2~0~1~8 __ <:5'-''flt, (0%"/Ci >I By -----"~'----+----,,,,-""--:::::::::::--___,------'--____ _ '{srgnature of Sponsor's Attorney} 1 Knowingly and willfully prov id ing 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 . 8 j Page .-