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HomeMy WebLinkAboutbocc.con.142.2010CONTRACT 1!/~6 c ~~) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING A GRANT OFFER(S) FROM THE FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM TO ASSIST IN THE FUNDING OF CAPITAL IMPROVEMENTS AT THE ASPEN/PITKIN COUNTY AIRPORT Resolution No. ©'~ ~ , 2010 RECITALS 1. Pitkin County is the owner, operator and sponsor of the Aspen/Pitkin County Airport. 2. Pitkin County intends to complete certain airport improvement projects and has applied or will apply to the Federal Aviation Administration (FAA) for funding assistance through the Airport Improvement Program (AIP). 3. The FAA could offer assistance through one or more AIP grant offer(s) for up to $200,000 for the completion of a Wildlife Hazard Assessment. 4. The FAA could offer assistance through one or more AIP grant offer(s) for up to $400,000 for the installation of air traffic control camera infrastructure. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Section 1: That future FAA grant offer(s) for up to $200,000 for a Wildlife Hazard Assessment is approved. That future FAA grant offer(s) for up to $40,000 for the installation of air traffic control camera infrastructure is approved. That the Chairman is hereby authorized and directed to execute the AIP grant offer(s) on behalf of the County, and any other documents necessary to complete the transaction(s), subject to recommendation for approval by staff and approval as to form by the County Attorney. 2 Section 2. This resolution and all grant agreement(s) shall be available for public inspection during normal business hours in the office of the Pitkin County Clerk and Recorder, Pitkin County Courthouse Annex Building, 530 East Main Street, Aspen, Colorado 81611, and the office of the Director of Aviation, 0233 East Airport Road, Suite A, Aspen, Colorado 81611. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON JUNE 9, 2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 13, 2010 ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON JUNE 23, 2010. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON iT T'..~,~~, 2010. Jut y ~ ATTEST: APPROVED AS TO FORM: __ _...~ ._ John Ely,. Co ey BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COUNTY MANAGER APPROVAL: IV~~ ~~~ Hilary etcher, Coun Manager 3- ~ O Date ~3 ~~ D to U.S. Department of Transportation GRANT AGREEMENT Federal Aviation Administration Part I -Offer Date of Offer: June 25, 2010 Airport: Aspen-Pitldn County/Sardy Field Project Number: 3-08-0003-42 Contract Number: DOT-FAlONM-1064 DUNS: 111305090 To: County of Pitkin, 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 June 22, 2010 for a grant of Federal funds for a project at or associated with the Aspen-Pitkin County AirportlSardy Field, 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: Conduct Wildlife Hazard Assessment/Plan, all as more particularly described in the Project Application. FAA Form 5100-37 (7/90) 1 3 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 $142,522. 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: $142,522 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. 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 on or before June 28, 2010, or such subsequent date as may be prescribed in writing by the FAA. 7. 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 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. FAA Form 5100-37 (7/90) 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 February 26, 2010, 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. 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. 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. 13. 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 consultant services contract, and that amount will not be paid to the consultant until acceptable final project documentation is provided. 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. 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 FAA Form 5100-37 (7/901 S 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. 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). 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 Manager, nver Airports strict 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 ma rial referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms an conditions in this Offer and in the Project Application. Executed this ~ ~~ day of , 2010. COUNTY OF PITKIN, COLORADO V Sponsor's Des nated O ial Representative Title: ~ .l ~.;, ('/~~~_. of Sponsor's Attorney _./ - I, !/ ( ,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 ~~Ct~ this ~~day of ^o~ `Ll~ , 2010. ' orney FAA Form 5100-37 {7/90) 7 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 2/26/2010 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars NUMBER TITLE 70!7460-1 K Obstruction Markin and Li htin 150/5000-13A Announcement of Availability-RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airports Surface Movement Sensors 150!5020-1 Noise Control and Com atibilit Plannin for Air orts 150/5070-66 Chan e 1 Airport Master Plans 150!5070-7 The Air ort S stem Plannin Process 150/5200-28D Notices to Aimlen NOTAMS for Air ort O erators 150/5200-30C Air ort Winter Safet and O erations 15015200-33B Hazardous Wildlife Attractants On or Near Airports 150/5210-5C Paintin ,Markin and li htin of Vehicles Used on an Air ort 150/5210-7D Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and E ui ment 150/5210-14B Air ort Fire and Rescue Personnel Protective Clothin 150/5210-15A Ai ort Rescue & Firefi htin Station Buildin Desi n 150/5210-18A S stems for Interactive Trainin of Air ort Personnel 150/5210-19A Driver's Enhanced Vision S stem DEVS 150/5220-4B Water Su I S stems for Aircraft Fire and Rescue Protection 150/5220-136 Runwa Surface Condition Sensor S ecification Guide 150/5220-16C Automated Weather Observin S stems for Non-Federal A lications 150/5220-17A And Chan e 1 Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18A Buildin s for Stora a and Maintenance of Air ort Snow and Ice Control E ui ment and Materials 150/5220-20 and Chan e 1 Airport Snow and Ice Control Equipment 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5220-22A En ineered Materials Arrestin S stem EMAS for Aircraft Overruns 150!5220-23 Frangible Connections 150/5220-24 Forei n Ob'ect Detection E ui ment 150/5300-13 and Chan es 1 -15 Airport Design 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 S ecifications for Aeronautical Surve Air ort Ima e A uisition 15015300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5C and Changes 1 Surface Drainage Design 150/5320-6E Ai ort Pavement Desi nand Evaluation 150/5320-12C and Changes 1 through 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Air ort Landsca in for Noise Control Pur oses 150/5320-15A Mana ement of Air ort Industrial Waste 15015325-46 Runwa Len th Re uirements for Air ort Desi n 150/5335-5A Standardized Method of Re ortin Pavement Stren th PCN 150/5340-1J and Chan es 2 Standards forAirport Markings (Change 1&2) 150/5340-5C Se mented Circle Air ort Marker S stem 150/5340-18E Standards for Air ort Si n S stems 150/5340-30D Desi nand Installation Details for Air ort Visual Aids 150/5345-3F S ecification for L821 Panels for Control of Air ort Li htin 150/5345-5B Circuit Selector Switch S FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010 ; �U N f B — 'T.'4 +�' `` : ����Tiex+ s, �. sibu��iv ° Ac',�i s y,'�+�?2.+`E;'� , '�3 ,'��w?:H • k v�`{r'�y�,a P�u�e�n�.r " 5-�. �'�f 74 FA k r�,�� C'h :: �.! 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 Airport Lighting Circuits 150/5345 -26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345 -270 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 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -47B Specifications for Series to Series Isolation Transformers for Airport Lighting System 15015345 -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 -54B Specification for L -1884 Power and Control Unit for Land and Hold Short 150/5345 -55A 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 Planning and Design Guidance for Airport Terminal Facilities Change 1 150/5370 -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 -66 Guidelines and Procedures for Maintenance of Airport Pavements 150/5390 -26 Heliport Design 150/5390 -3 Vertiport Design 150/5395 -1 Seaplane Bases THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY DATED: 6/2/2010 NUMBER 150/5100 -140 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 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Changes 1 through 6 150/5200 -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 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370 -6D Construction Progress and Inspection Report — Airport Grant Program Change 1-4 150/5370 -11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements 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 Airfield Pavements THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY DATED: 4/28/2010 NUMBER 150/5000 -12 Announcement of Availability — Passenger Facility Charge (PFC) Application (FAA Form 5500 -1) /, I7 U.S. Department of Transportation Federal Aviation Administration Denver Airports District Office 26805 E. 68th Avenue, Room 224 Denver, Colorado 80249 PLEASE READ BEFORE EXECUTING GRANT June 25, 2010 Mr. George Newman, Chair Board of Pitkin County Commissioners 530 East Main Street, Third Floor Aspen, Colorado 81611 Dear Mr. Newman: Enclosed are two copies of a grant offer for Airport Improvement Program Project No. 3-08- 0003-42 at the Aspen-Pitkin County Airport/Sardy Field in which $142,522 of Federal funds have been obligated to accomplish the development described on page 1 of the grant offer. Please complete Part II (Acceptance) by having the authorized officials execute the last page of the grant offer. Certification by the attorney must be completed following the acceptance and dated on or after the acceptance date. Your normal procedures for accepting documents such as this in accordance with local and state law should be followed, but evidence of such procedure is not required by the Federal Aviation Administration. After execution and certification of the grant agreement, please return one copy to this office. The other copy is for your records. All applicable project-related requirements pertaining to environmental analysis and approval for this grant have been met in accordance with the guidelines contained in FAA Order 5050.4B, Airport Environmental Handbook (2006). Sincerely, __ John .Bauer, anager De er Airports District Office Enclosures q