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HomeMy WebLinkAboutbocc.con.284.2013 CONTRACTT_ a O/3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 9.S-5-- 0(3 OF PITKIN COUNTY, COLORADO C A-1' ect ACCEPTING A GRANT OFFER(S) FROM THE FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT'PROGRAM AND THE COLORADO DIVISION OF AERONAUTICS TO ASSIST IN THE FUNDING OF CAPITAL IMPROVEMENTS AT THE ASPEN/PITKIN COUNTY AIRPORT RESOLUTION NO.j046 -2013 I. 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. Pitkin County intends to complete certain airport improvement projects and has applied or will apply to the Colorado Division of Aeronautics for funding assistance through Aeronautics' Discretionary Grant Program. 4. The FAA could offer assistance through one or more AIP Grant offer(s) for up to $4,750,000 for the purchase of snow removal equipment(s); for the design and construction of runway and taxiway crack seal/fog seal projects; for the design and construction of taxiway paved shoulders; and for the design and reconstruction of an aircraft wash/holding pad. 5. The State of Colorado could offer assistance through one or more grant offer(s) for up to $400,000 for the purchase of snow removal equipment(s); for the design and construction of runway and taxiway crack seal/fog seal projects; for the design and construction of taxiway paved shoulders;and for the design and reconstruction of an aircraft wash/holding pad. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: The execution of future FAA grant offer(s) for up to $4,750,000 for the design and construction of the projects noted above is approved. The execution of future State Division Aeronautics grant offer(s) for up to $400,000 for the construction of the project noted above is approved. • County staff is hereby authorized and directed to execute the State Division of Aeronautics grant offer(s) on behalf of the County, and any other documents necessary to complete the transaction(s), subject to approval of form by the County Attorney. The chairman is herby 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. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE /7 DAY OF AUGUST 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /664 DAY OF AUGUST, 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (.aspcnpitkin.) ON THE Pt-DAY OF AUGUST 2013. adas ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF AUGUST 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE.#DAY OF A-196t1ST 2013. 1 ATTEST: BOARD OF COUNTY COMMISSIONERS BYE 21144 M By , ,, �a .• tw Jea tte Jones George New an, Chair• an De'uty County Clerk 7, /l Date: • 7 t / APPROVED AS TO FORM: MANAGER APPROVAL of• 2 ohn y, ounty • . ney / Jon Peacock, County Manager • U.S. Department t/ of Transportation CONTRACT# 7 'cG/,. GRANT AGREEMENT Federal Aviation Administration Part I - Offer • Date of Offer: August 2,2013 Airport: Aspen-Pitkin County • Project Number: 3-08-0003-48 Contract Number: DOT-FAI3NM-1042 DUNS Number: 08-527-8844 To: County of Pitkin,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 January 11, 2013 for a grant of Federal funds for a project at or associated with the Aspen-Pitkin County Airport, 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: "Acquire Snow Removal Equipment(blower and loader)", all as more particularly described in the Project Application. FAA Form 5100-37(7/90) 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, 90.00 per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Conditions •1. The maximum obligation of the United States payable under this offer shall be $1,089,723. 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(6)of the Act,the following amounts are being specified for this purpose: $0 for planning • $1,089,723 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. 3. 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. 5. 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 September 6, 2013 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. 8. 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. FAA Form 5100-37(7190) 2 ' 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 April 16, 2013, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 10. 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: Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the. increase. 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.. 11. Unless otherwise approved 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 airport development or noise compatibility for which funds are provided under this grant. •The Sponsor will include in every contract a provision implementing this special condition. 12. In accordance with Section 47108(b) of the Act;as amended, the maximum obligation of the United States, as stated in Condition No. I 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 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. 14. TRAFFICKING.IN PERSONS: a.Provisions applicable to a recipient that is a private entity. I. 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.1 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.I of this award term through conduct that is either— A.Associated with performance under this award;or FAA Form 6100-37(7/90) 3 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.1 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 Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c.Provisions applicable to any recipient. I. 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 orb 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. A for-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 shall provide for a Single Audit in accordance with Office of Management and Budget Circular A- 133. The Sponsor shall submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at htta://harvester.census.eov/fac/collecUddeindex.html. The Sponsor shall also provide one copy of the completed A-133 Audit to the Denver Airports District Office. 16. The Sponsor agrees to submit a Federal Financial Report (FAA Form SF-425) for all open grants to the Airports District Office within 90 days following the end of each Federal fiscal year and with each Final Project Closeout Report. FM Form 5100.37(7/90) 4 The Sponsor further agrees to submit an Outlay Report and Request for Reimbursement(FAA Form SF-27I for construction projects) or Request for Advance or Reimbursement (FAA Form SF-270 for non-construction projects) to the Airports District Office within 90 days following the end of each Federal fiscal year and with each Final Project Closeout Report. • 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. • UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION • Fittribwkakt cting Manager, Denver Airports 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. I declare under penalty of perjury that the foregoing is true and correct. Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.0 Section 1001 (False Statements)and could subject you to fines, imprisonment or both. Net Executed this day of Silk in ,2013. COf j , a� rA, • C NTY OF PITKIN,C LORADO % � SEAL /I ' F ,f t C) (SEAL) ‘'• 4u?t i Sponsor's Dest tad Official epresentative • Attest: �� / Title: l Title: / ! r I . • 1 / Certificate of Sponsor's Attorney I, :.±U/CK ci ,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 /sPeu this "/ " day of fen ,2013. • • Signature of Sponsor FAA Form 610037(7/90) 6 U.S. Department CONTRACT# of Transportation GRANT AGREEMENT Federal Aviation Administration Part I - Offer Date of Offer: August 2,2013 • Airport: Aspen-Pitkin County Project Number: 3-08-0003-49 Contract Number: DOT-FAI3NM-1043 HUNS Number: 08-527-8844 To: County of Pitkin,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 April 29, 2013 for a grant of Federal funds for a project at or associated with the Aspen-Pitkin County Airport, 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: "Rehabilitate Runway 15/33 (maintenance), Construct Taxiway "A" (Shoulders) Phase I,and Rehabilitate Apron (wash pad) Phase I", all as more particularly described in the Project Application. FAA Fonn 510047(7190) 1 u/� • 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,90.00 per centum thereof. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Conditions 1. The maximum obligation of the United States payable under this offer shall be$844,691. 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: SO for planning $844,691 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. 3. Payment of the United States share of the allowable project costs will he 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 he 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 early 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. 5. 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 September 6, 2013 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 Rinds 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. 8. The United States shall not he responsible or liable for damage to property or injury to persons which may arise from,or be incident to.compliance with this grant agreement. • FAA Form 5100-37(7190) • • Special Conditions 9. 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. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. 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 front 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. 10. Unless otherwise approved 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 airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract n provision implementing this special condition. I I. In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. I 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. Approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction. Failure to comply with this requirement • may result in suspension,cancellation,or termination of Federal assistance tinder this agreement. 13. 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: (I)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. 14. TRAFFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. I. You as the recipient,your employees,subrecipients under this award,and subrecipients' employees may not- i. Engage in severe forms ol'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 tinder 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 n.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.I 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 FAA Form 6100-37(7190) 3 // Guidelines to Agencies on Governmcntwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than n private entity. We as the Federal awarding agency may unilaterally terminate this award,without penally,if a subrecipient that is a private entity-- 1. Is detennined to have violated an applicable prohibition in paragraph a.I 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.I 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 pan 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. I. 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 orb of this section: i. Implements section I06(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.1 of this award term in any subaward you make to a private entity. d.Definitions. For purposes of this award term: I."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 propose 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. A for-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 shall provide for a Single Audit in accordance with Office of Management and Budget Circular A- 133. The Sponsor shall submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at huu://harvester.census.auvifacicollecUddcindes.html. The Sponsor shall also provide one copy of the completed A-133 Audit to the Denver Airports District Office. 16. The Sponsor agrees to submit a Federal Financial Report(FAA Form SF-425)for all open grants to the Airports District Office within 90 days following the cod of each Federal fiscal year and with each Final Project Closeout Report. FAA Form 6100-37(7/90) 4 /y • The Sponsor further agrees to submit an Outlay Report and Request for Reimbursement (FAA Form SF-271 for construction projects) or Request for Advance or Reimbursement (FAA Form SF-270 for non-construction projects) to the Airports District Office within 90 clays following the end of each Federal fiscal year and with each Final Project Closeout Report. I7. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number C-I I. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. As a minimum, the program must conform with the provisions outlined below: PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must,as a minimum, include the following: a. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: (I) location of all runways,taxiways,and aprons; (2) dimensions; (3) type of pavement,and; (4) year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP)assurances, pavements that have been constructed, reconstructed.or repaired with federal financial assistance shall be so depicted. h. 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 Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. (2) Drive-By Inspection. A drive-by inspection must he performed a minimum of once per month to detect unexpected changes in the pavement condition. c. 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 types of distress, their locations. and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: (1) inspection date, (2) location. (3) distress types,and (4) maintenance scheduled or performed. For drive-by inspections,the date of inspection and any maintenance performed must be recorded. FAA Form S100-37(7/90) 5 /3 d. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 18. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail 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 shall 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 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 ol'tests to he 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 shall include the pay reductions applied and the reasons for accepting any out-of-tolerance material. An interim test and quality control report shall 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. shall,absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion ol'the FAA 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. ft FAA Form 5100.37(7/90) 6 iy • The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall he evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise. n 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 ERRAL AVIATAVIATION ADMINISTRATION 1 h n Acting Manager, Denver Airports 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. I declare under penalty of perjury that the foregoing is true and correct. Knowingly and willfully providing false information to the Federal government is a violation of IS U.S.0 Section 1001 (False Statements)and could subject you to fines. imprisonment or both. Executed this day of 5e- lrelL,2013. QU \am, C NTY Or PITKIN,C LORADO 5s \SEAL )ii (SEAL) ' '�t-�'_�,> Sponsor's Designated Official epresentative Attest: t`/�1'd b'/i.)If/�GI�/r� •_.��''i� Welt) 'fide: Title: AVtati I (� 1g (�, elry Certificate or Sponsor's Attorney I. ,j'OKA& ,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 fnregoin_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 doe and proper and in accordance with the laws of the said State and the Act. In addition. for grams involving projects to be carried out on prnpeny not owned by the Sponsor-there are no legal impediments that will prevent full performance by the Sponsor. Funher, it is any opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accorddaannce with the terms thereof. Dated at &Pick) this _/ day of fornT .2013. Signature of Sponsor' 1r - FAA Form 5100.37(7190) /4