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Home My WebLink AboutC19-092 Federal Aviation AdministrationDocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4B06 Agreement Number AJW-FN-W SA -19 -NM -002931 NON-FEDERAL LIMITED DESIGN AND IMPLEMENTATION REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND EAGLE COUNTY EAGLE COUNTY REGIONAL AIRPORT EAGLE, COLORADO WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract services which the Eagle County (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such 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 Sponsor while helping to advance the agency's mission; WHEREAS, the authority for the FAA to furnish services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. § 106(l)(6) on such terms and conditions as the Administrator may consider necessary; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and Eagle County. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope This Agreement provides funding for FAA services limited to labor, travel, and expenses required to perform limited technical and/or engineering support, design, and Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 1 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4B06 Agreement Number AJ W -FN -W SA -19 -NM -002931 implementation services to support the Sponsor's project identified below. The scope of this Agreement is limited to technical consultation, site visits, feasibility assessments, project planning, scope definition, development of cost estimate(s), review of Sponsor provided design packages, development of FAA design packages, construction oversight, modification, removal, and restoration required to address impacted FAA NAS facilities. No government furnished equipment will be provided under this Agreement. If required, the FAA and the Sponsor will enter into a separate agreement to cover additional work beyond the scope of this Limited Agreement. Therefore, this Agreement is titled: Limited Design and Implementation Reimbursable Agreement for Eagle, CO (EGE) RWY 25 MALSR Shelter Relocation at Eagle County Regional Airport Note: MALSR - Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights, RWY - Runway This Agreement is in whole or in part funded with funding from an AIP grant [ ] Yes [X]No. If Yes, the grant date is: and the grant number is: If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available. ARTICLE 4. Points of Contact The FAA Western Service Area, Planning & Requirements Group, NAS Planning & Integration Team will provide administrative oversight of this Agreement. Andrew Edstrom is the Lead Planner and liaison with the Sponsor and can be reached at (206) 231-2841 or via email at andrew.edstrom@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. The FAA Western Service Area, NAVAIDS Engineering Center - Seattle A Group will perform the scope of work included in this Agreement. Patrick McDermott is the NAVAIDS Project Engineer and liaison with the Sponsor and can be reached at (206) 231-2634 or via email at patrick.mcdermott@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 3. FAA Contracting Officer: The execution, amendment, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Brad Logan who can be reached at (817) 222-4395 or via email at brad.logan@faa.gov. B. Sponsor: Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 2 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4BO6 Agreement Number AJW-FN-W SA -19 -NM -002931 Andy Solsvig Operations Manager Eagle County Regional Airport 219 Eldon Wilson Road Gypsum, CO 81637 Telephone: (970) 328-2649 Email: andy.solsvig@eaglecounty.us ARTICLE 5. Reserved ARTICLE 6. Reserved ARTICLE 7. Estimated Costs The fully -loaded estimated FAA cost associated with this Agreement is: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor WB4020 - Engineering Support $ 20,000.00 WB4050 - Construction $ 37,683.45 WB4060 - Installation & Checkout $ 10,000.00 $ 0.00 Labor Subtotal $ 67,683.45 Labor Overhead $ 10,716.55 Total Labor $ 78,400.00 Non -Labor WB4020, WB4050, WB4060 - Travel $ 20,000.00 $ 0.00 $ 0.00 $ 0.00 Non -Labor Subtotal $ 20,000.00 Non -Labor Overhead $ 1,600.00 Total Non -Labor $ 21,600.00 TOTAL ESTIMATED COST $ 100,000.00 ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 3 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4B06 Agreement Number AJ W -FN -W SA -19 -NM -002931 sent or payment is received as provided for in Article 9, Section E of this Agreement. This Agreement will not extend more than 36 months beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S. Treasury guidelines, refunds under $1.00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than $1.00. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Reimbursable Receipts team is identified by the FAA as the billing office for this Agreement. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt - processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. When submitting funding by mail, the Sponsor must include a copy of the executed Agreement and the full advance payment. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt -processing delay of up to 10 working days. FAA payment remittance address using USPS or overnight method is: Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave S.W. Attn: Rm 612 Washington D.C. 20591 Phone 202-267-1307 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: Eagle County Regional Airport Attn: Andy Solsvig 219 Eldon Wilson Road Gypsum, CO 81637 Telephone: (970) 328-2649 Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 4 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4B06 Agreement Number AJ W -FN -W SA -19 -NM -002931 D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment. E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Amendments Changes and/or amendments to this Agreement will be formalized by an appropriate written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. ARTICLE 11. 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 the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations 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 12. Order of Precedence Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 5 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4BO6 Agreement Number AJ W -FN -W SA -19 -NM -002931 If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. § 106(l)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110). ARTICLE 15. Reserved ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 6 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4B06 Agreement Number AJ W -FN -W SA -19 -NM -002931 seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14.2.1, Contractor Personnel Suitability Requirements are met. ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly, that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 7 of 8 DocuSign Envelope ID: OE6C4FE8-7FD7-4D10-9C2F-658090BE4BO6 AGREED: FEDERAL AVIATION ADMINISTRATION SIGNATURE ,F,G�_ X, NAME Bradley K. Logan TITLE Contracting Officer DATE 3/19/19 Agreement Number AJW-FN-W SA -19 -NM -002931 EAGLE COUNTY DocuSigned by: SIGNATURE ,� SWL NAME 7 e ngfmil24 , TITLE county Manager DATE 3/18/2019 Non -Federal Limited Design and Implementation Reimbursable Agreement V81 Page 8 of 8