W. Va. Code R. § 220-2-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 220-2-5 - Matching Grant Process
5.1. The Matching Grant program may pay up to one half (1/2) of the non-federal share of all FAA funded projects at Airports in this State. The application process is tied to the FAA grant process.
5.1.1. Matching Grant Funds are derived from the aviation fuel tax deposited in State Fund 8275, as well as other available sources as directed by the State Legislature.
5.2. Eligible projects - Eligible projects are maintenance projects related to the rehabilitation and improvement of existing Airport infrastructure, including but not limited to:
5.2.1. Obstruction removal/mitigation and reporting;
5.2.2. Runway and Taxiway markings;
5.2.3. Airport Lighting rehabilitation including: Runway and Taxiway lighting systems, Airport guidance signage and Pilot Controlled Lighting systems;
5.2.4. Airport Navigational Aids including: Airport Beacons, Runway End Identifier Lighting, Visual Glide Slope Indicators PAPI's or VASI's, Approach Lighting Systems and Automated Weather Observing Systems (AWOS);
5.2.5. Pavement resurfacing/rehabilitation of Runways, Taxiways and Aprons Projects other than those mentioned above may be considered on a case-by-case basis.
5.3. The Airport applicant will be responsible for 100 percent of non-eligible construction costs, as well as all costs associated with any preliminary engineering, grant application, environmental studies, permits and documents, right of way and utilities for non-eligible projects.
5.4. The local match for construction is required to be cash. In-kind contributions may be accepted as part of the local share and are considered on a case by case basis.
5.5. In addition to eligible construction costs, DMTF grants may reimburse eligible engineering Design, Bid and Construction phase service fees following the notice of project approval.
5.6. For each Annual Cycle, the announcement date is April 1st of each year, and applications for direct grant awards must be received by July 1st of each year. Applications must include the following:
5.6.1. A DMTF application for Matching Funds Grant;
5.6.2. A description of need;
5.6.3. Detailed cost estimates;
5.6.4. A certified copy of a resolution from the applicant's governing body authorizing the submission of the application (if not available by the deadline, please explain in the cover letter that the resolution will be submitted when available);
5.6.5. A Project Schedule;
5.6.6. A detailed drawing of the work to be completed;
5.6.7. A copy of their most recent Audit Report which shall be no more than two (2) years old at the time of the Application. If the Audit Report is publicly available online, the web address for its location.
5.7. DMTF will review and rank the proposed projects based on merit and availability of Matching Grant program funds. It should be emphasized that the ranking process does not require that projects are funded in order of their ranking. The ranking is a means to help DMTF to generally prioritize projects. Other factors DMTF determines to be relevant may be taken into consideration, such as safety considerations, the applicant's past project performance, geographic distribution of recent projects, and the economic impact of the proposed project.
5.8. The Commissioner of DMTF will notify the applicants of the selection process results on or about July 30th of each year. Projects not selected for funding may be re-submitted the following year during the application process. Project re-submittals shall be updated to provide current data and will be evaluated and ranked as a new project submittal.
5.8.1. An application which is not awarded a matching or special grant under this process may file a request for reconsideration to the Commissioner of the DMTF pursuant to the provisions of Section 6 of this rule.
5.9. Grant Amount - State Share
5.9.1. The DMTF Matching Grant share shall not exceed 5% of the eligible scope of the eligible project.
5.10. Grant Amount - Airport Sponsor Share
5.10.1. The Local Match share shall be no less than two and one half (2.5%) of the eligible costs. Local Match share may be comprised of funds held by the Airport or other eligible sources (e.g., city, county or other funds). The Commissioner may elect to reduce the applicant's share in special cases, including projects in economically distressed areas.
5.11. Grant Amount - Project Cap
5.11.1. In an effort to extend DMTF grant funding to as many Airports as possible, DMTF places a Matching Funds Grant cap of $500,000.00 per Application. An Airport seeking funds for projects with costs that exceed the project cap are encouraged to apply for the entire project with the expectation that they could be asked to phase the project over multiple grant cycles.
5.11.2. Applicants desirous of a grant which exceeds this cap are encouraged to seek a special appropriation or designated direction of funds in the State Budget Bill through the State Legislature.
5.12. Material to be Submitted with the Application:
5.12.1. If the Airport is asking for multiple projects, the different project types must be split and ranked according to the applicant's priority.
5.12.2. The Application shall be in letter form and shall contain a detailed Description of Need, detailed Cost Estimates.
5.12.3. Contingencies are not an eligible cost and shall not be included in the funded grant amount.
5.12.4. Project cost estimates should not include contingency or any other non-eligible items.
5.12.5. The Application must include a detailed project drawing of the Airport showing where the work is to be done.
5.12.6. A copy of a Resolution from the Applicant's governing body authorizing the submission of the Application must be included (if not available by the deadline, explain in the cover letter that the resolution will be submitted when available).
5.12.7. Project Schedule
5.12.8. Requests for grant payments must include copies of the invoices from the consultant(s)and/or contractor(s).
5.13. Deadline
5.13.1. The application for a Direct Grant must be received by DMTF no later than July 1st, and absent good cause, the requirement for an application shall not be waived. Remember to include the name, phone number and email address for the primary point of contact for the application, as well as any consultant involved in its preparation. The Commissioner of DMTF shall reject any application that is not submitted by the deadline absent good cause.
5.14. DMTF Review and Action
5.14.1. Upon review of the Application, DMTF will advise the Applicant by email if and when additional information is required. DMTF will take no action on the Application until the Applicant has submitted all required information and the application has been validated. DMTF will complete its review of validated applications and notify the Applicant of its action.
5.14.2. Applicants with acceptable projects will receive a non-binding Notice of Project Approval (NPA), which could lead to Grant Funds and contract execution, in July of the applicable grant fiscal year. Once the NPA has been issued by DMTF, neither the project scope of work nor the dollar amount awarded can be increased without written approval from DMTF.
5.15. Project performance
5.15.1. Upon Grantee's receipt of the Notice of Project Approval the Grantee shall:
5.15.1.a. Within two weeks, submit a written acceptance to DMTF that the project will be performed as requested in the Application and as specified in the Notice of Project Approval;
5.15.1.b. Submit a revised Project Schedule with the above verification of the project;
5.15.1.c. Submit all bid documentation and engineer's cost estimate to DMTF for review and approval prior to release to prospective bidders;
5.15.1.d. Execute the Grant Agreement within 30 working days of receipt;
5.15.1.e. Grantee will comply with all applicable National Environmental Policy Act, West Virginia Department of Environmental Protection and U.S. Army Corps of Engineers regulations concerning wetlands and water quality, and with all provisions of the Endangered Species Act.
5.16. Grant Administration
5.16.1. Upon DMTF's approval of the grant funding, the Applicant will receive one (1) unexecuted copy of a Grant Contract specifying the amount of the grant and the Eligible Project(s). The Applicant shall execute and return one copy with original signatures, within thirty (30) working days of receipt, to the Commissioner of DMTF.
5.16.2. All Grant Contracts must be executed no later than August 31st of the award year. The Applicant risks losing grant funds if Contracts are not executed by the deadline date.
5.17. Standard Assurances
5.17.1. Upon execution of the Grant Agreement, the Standard Assurances are incorporated by this Rule and are considered part of the Grant Agreement even if not specifically referenced within the document.
5.18. Payment of Matching Grant Funds
5.18.1. Project costs are payable to the extent that such project costs are:
5.18.1.a. Incurred for work performed consistent with the Grant Agreement;
5.18.1.b. Made in conformance with the Application, the Criteria and the Grant Agreement;
5.18.1.c. Necessary in order to accomplish the project;
5.18.1.d. Reasonable in amount for the goods or services purchased;
5.18.1.e. Actual net costs to the Grantee (i.e. the price paid minus any refunds, rebates, or other items of value received by the Grantee that might reduce the costs actually incurred).

W. Va. Code R. § 220-2-5