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Home My WebLink Aboutbocc.con.154.2011 # /q,65 0 70a CONTRACT # /5 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Aeronautics 1^ 1 ,• OT 5126 Front Range Parkway D J Watkins, CO 80137 - (303) 261-4 418 FAX (303 -261 -9608 FEB 1 4 ZO 11 DTPARTMFNT OF TRANSPORTATION February 9, 2011 By Mr. David Ulane, Project Director Aspen /Pitkin County Airport 0233 E. Airport Raod, Suite A Aspen, CO 81611 RE: Notice -to- Proceed — CDAG No: 11- ASE -01 Dear Mr. Ulane: The Colorado Aeronautical Board is pleased to announce that final execution of the CONTRACT between the CDOT- Division of Aeronautics/ Colorado Aeronautical Board and Pitkin County for your 2011 Aviation Grant. With this, the CDOT- Division of Aeronautics hereby issues the Notice -to- Proceed for expenditure of Colorado Discretionary Aviation Grant (CDAG) funds as specified in the GRANT CONTRACT with Pitkin County effective 2/9/2011. Pitkin County is responsible for the following Colorado Discretionary Aviation Grant program compliance measures: X Submit Aviation Claim for Costs Incurred (additional electronic claim forms are available upon request). X Submit Progress Reports. X Verify satisfactory completion of project. (Certificate of Completion attached) The Colorado Aeronautical Board appreciates the opportunity to work with Pitkin County to meet its needs and those of the aviation community. Please feel free to contact me at the Division (303) 261 -4418 with any questions regarding this notice or reimbursement(s) for expenditures. Sincerely, 9c / .4 Kaitlyn Westendorf, Grants Administrator CDOT- Aeronautics Division Attachments O O R lq ' AVIATION CLAIM FOR COSTS INCURRED ` *� • ERONAUTIC 1 mwmIwrff TRAMPOR7A7.1 4V1510• RETURN ORIGINAL FORM TO: Telephone: (303) 261 - 4418 FAX: (303) 261 -9608 Colorado Department of Transportation Division of Aeronautics Attn: Scott Brownlee 5126 Front Range Parkway Watkins, CO 80137 GRANTEE: Pitkin County SAP PO# 291000950 To Be Completed by CDOT Personnel GRANT NUMBER: 11- ASE -01 ELEMENT: A Percent Complete: PART 1 ELEMENT DESCRIPTION Total % State Local Federal/Other A. Participate in Federally Funded extension of $8,947,368 2.5 $223,684 $223,684 $8,500,000 Runway 15/33 and Taxiway A B. Purchase Airfield Snow $500,000 35 $176,316 $323,684 $ Removal Equipment TOTALS $9,447,368 $400,000 $547,368 $8,500,000 PART 2 - CLAIM ELEMENT: A Total State Local Federal /Other Beginning Balance $8,947,368 $223,684 $223,684 $8,500,000 Total Previous Claims $ $ $ $ Total This Claim $ $ $ $ Remaining Balance $ $ $ $ PART 3 Grantee Vendor Number Claim Number Pitkin County 5000195 Date Project Director Signature Date CDOA Review Date Approved for Payment ;1 ':� O � O R �O AVIATION CLAIM FOR COSTS INCURRED ERONAUT1CS ' RETURN ORIGINAL FORM TO: Telephone: (303) 261 -4418 FAX: (303) 261 -9608 Colorado Department of Transportation Division of Aeronautics Attn: Scott Brownlee 5126 Front Range Parkway Watkins, CO 80137 GRANTEE: Pitkin County SAP PO# 291000950 To Be Completed by CDOT Personnel GRANT NUMBER: 11- ASE -01 ELEMENT: B Percent Complete: PART 1 ELEMENT DESCRIPTION Total % State Local Federal /Other A. Participate in Federally Funded extension of Runway $8,947,368 2.5 $223,684 $223,684 $8,500,000 15/33 and Taxiway A B. Purchase Airfield Snow $500,000 35 $176,316 $323,684 $ Removal Equipment TOTALS $9,447,368 $400,000 $547,368 $8,500,000 PART 2- CLAIM ELEMENT: B Total State Local Federal /Other Beginning Balance $500,000 $176,316 $323,684 $ Total Previous Claims $ $ $ $ Total This Claim $ $ $ $ Remaining Balance $ $ $ $ PART 3 Grantee Vendor Number Claim Number Pitkin County 5000195 Project Director Signature Date CDOA Review Date Approved for Payment Date 2-) �� O ? Aviation Grant Progress Report Return original form to: Colorado Division of Aeronautics Telephone: 303 -261 -4418 Attn: Scott Brownlee Fax: 303 -261 -9608 5126 Front Range Parkway Watkins, CO 80137 Airport: Aspen /Pitkin County Airport Grantee: Pitkin County Grant Number: 11- ASE -01 Brief description of the progress of the project; please include the percentage of completion. Project Director: Print Name Signature Date: '-1 A x =— Aviation Grant Project Completion 86 Acceptance Certificate Return original form to: Colorado Division of Aeronautics Telephone: 303 - 261 -4418 Attn: Scott Brownlee Fax: 303 - 261 -9608 5126 Front Range Parkway Watkins, CO 80137 Airport: Aspen /Pitkin County Airport Grantee: Pitkin County Grant Number: 1 1 Date of Project Completion: Funds to be liquidated: $ PO #: 291000950 This document verifies that the project has been completed and accepted by the project director. Signing this certificate states that all costs for claims have been submitted and the grant can now be closed out. Project Director: Print Name Signature Date: JAN 2 E 2011 - 9 CDAG # 11- ASE -01 Cg // utAs I ,hv 1M Routin DOT - # a I7 CDAG # 11- ASE -01 SAPPO# 2AIc 0Q 5O CMS 4t,-3/a_3/ p STATE OF COLORADO Colorado Department of Transportation Colorado Aeronautical Board Grant Agreement with Pitkin County TABLE OF CONTENTS 1. PARTIES 1 2. E1 DATE AND NOTICE OF NONLIABILITY 1 3. RECITALS 1 4. DEFINITIONS 2 5. TERM and EARLY TERMINATION. 3 6. STATEMENT OF WORK 3 7. PAYMENTS TO GRANTEE 3 8. REPORTING - NOTIFICATION 5 9. GRANTEE RECORDS 5 10. CONFIDENTIAL INFORMATION -STATE RECORDS 6 11. CONFLICTS OF INTEREST 6 12. REPRESENTATIONS AND WARRANTIES 6 13. INSURANCE 7 14. BREACH 7 15. REMEDIES 8 16. NOTICES and REPRESENTATIVES 9 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 10 18. STATEWIDE GRANT MANAGEMENT SYSTEM 10 19. GENERAL PROVISIONS 11 20. COLORADO SPECIAL PROVISIONS 12 21. SIGNATURE PAGE 15 EXHIBIT A - COLORADO DISCRETIONARY AVIATION GRANT APPLICATION EXHIBIT B - RESOLUTION 1. PARTIES This Grant Agreement (hereinafter called "Grant ") is entered into by and between Pitkin County (hereinafter called "Grantee "), and the STATE OF COLORADO acting by and through the Department of Transportation — Aeronautics Division (hereinafter called the "State" or "Division "). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). Except as provided in Section 7 (B) (v), the State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Authority to enter into this Grant exists in C.R.S §43 -10 -108.5 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. §39- 27- 112(2)(b) and C.R.S. §43 -10 -109 and a sufficient unencumbered balance thereof remains available in the Aviation Fund for encumbering and subsequent 1 of 15 CDAG # 11- ASE -01 payment of the Agreement under Vendor ID 5000195. Fund 160, GL No. 4512000010, and Organizational Code VDG11 -033. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is to promote aviation at Colorado public use airports for the betterment of the Colorado Aviation System. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit A B. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6 and §18. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Colorado Discretionary Aviation Grant Program Application), and Exhibit B (Resolution m accordance with the General Assembly of the State of Colorado declared in CRS §43 -10 -101. D. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant "Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. G. Manual "Manual" refers to the Aviation Grants Management Manual as approved by the Colorado Aeronautical Board. II. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. I. Program "Program" means the Colorado Discretionary Aviation Grant program that provides the funding for this Grant. J. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit A. K. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. L. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A including the performance of the Services and delivery of the Goods. The Work is 2 of 15 CDAG # 11- ASE -01 further described in the plans and specifications for the project as approved by the Federal Aviation Administration ( "FAA "). M. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts, 5. TERM and EARLY TERMINATION. A. Intial Term -Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on June 30, 2014 unless sooner terminated or further extended as specified elsewhere herein. Grant funds remaining following the completion of the project or the expiration of the contract will be returned to the Aviation Fund. 6. STATEMENT OF WORK A. Brief Project Description Element A: Participate in Federally Funded extension of Runway 15/33 and Taxiway A Element B: Purchase Airfield Snow Removal Equipment B. Completion Grantee shall complete the Work and its other obligations as described herein in Exhibit A and in the plans and specifications for the project as approved by the FAA on or before June 30, 2014. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. C. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. Grantee is subject to its local procurement standards. If none exist, Grantee is subject to the general procurement standards of the State. D. Employees All persons employed by Grantee or Sub - grantees shall be considered Grantee's or Sub - grantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. E. Federal Laws, Rules and Regulations If the Grant Funds involve Federal funding, Grantee understands and agrees that Federal laws, rules and regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee agrees to comply with all required Federal laws, rules and regulations applicable to the Work, in addition to all State requirements. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is 2.5% of the project cost not to exceed $223,684 for Element A and 35% of the project cost not to exceed $176,316 for Element B, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. The State and Grantee shall participate in providing the Grant Amount as follows: State: $400,000.00 Local: $547,368.00 Federal: $8,500,000.00 3of15 6" CDAG # 1 1- ASE -01 B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Available Funds - Contingency - Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not fully appropriated or otherwise become unavailable for this Grant, the State may terminate it in whole or to the extent of funding reduction, without further liability, after providing notice to Grantee in accordance with § 16. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. v. Retroactive Payments The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve Federal funding and (2) Federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit A. This shall not be used solely for aviation purposes as defined in CRS §43 -10 -102 (3) and this Grant shall' not be used for the subsidization of airlines. Misuse of Grant Funds, including subsidization for airlines, may result in forfeiture. D. Matching Funds Grantee shall provide matching funds as provided in Exhibit A. Grantee shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. E. Payment Compliance All Grant reimbursements shall comply with Title 49 Part 18 of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governements. Additionally, Grantee shall only by reimbursed for costs allowable under 2 CFR Part 125, Appendix A. 4 of 15 Li CDAG # 11- ASE -01 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §18, if applicable. A. Performance, Progress, Personnel, and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period "). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other 5of15 / 6. CDAG # 1 1- ASE -01 procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION -STATE RECORDS Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Sub - grantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure- Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub - grantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and Grantee's Signatory 6 of 15 CDAG # 11- ASE -01 Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by -laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA "), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Sub - grantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub - grantee' s liabilities under the GIA. ii. Non -Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to sub - Grantees that are not "public entities ". B. Certificates Grantee and all Sub - grantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Sub - grantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any sub -grant, Grantee and each Sub - grantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of 7 of15 CDAG # 11- ASE -01 its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B); provided that the State may terminate pursuant to §15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non - performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or sub- Grants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Witholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest 8of15 l3 CDAG # 11 -ASE -01 The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. iii. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. iv. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). v. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: vi. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price /cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. vii. Withold Payment Withhold payment to Grantee until corrections in until corrections in Grantee's performance are satisfactorily made and completed. viii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. ix. Removal Demand removal of any of Grantee's employees, agents, or Sub - grantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. x. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non - infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such 9 of 15 (J / CDAG # 11- ASE -01 Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Scott Brownlee CDOT- Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 303 - 261 -4418 scott.brownlee@dot.state.co.us B. Grantee: David Ulane Aspen/Pitkin County Airport 0233 E. Airport Raod, Suite A Aspen, CO 81611 970 - 429 -2853 david.ulane @co.pitkin.co.us 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 18. STATEWIDECONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §18 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24 -102 -206, §24 -103 -601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. 10 of 15 � f (, CDAG # I I -ASE-0 I Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Division of Aeronautics, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 19. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Sub - grantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Attribution In all publications and publicly funded projects under this Grant a credit line shall be included that reads: "This project paid for in part by a Coloraod Discretionary Aviation Grant from the Colorado Department of Transportation, Division of Aeronautics ". C. Binding Effect Except as otherwise provided in §19(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. D. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. E. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. F. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. G. Indemnification - General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub - grantees, or assignees pursuant to the terms of this Grant; however, the provions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. H. Jurisdction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. I. Modification xi. By the Parties Except as specifically provided in this Grant, modifications hereof shall not be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, 11 of 15 CDAG # 11- ASE -01 including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS - TOOLS AND FORMS. xii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. J. Order of Precedence The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: xiii. Colorado Special Provisions, xiv. The provisions of the main body of this Grant, xv. Exhibit A, xvi. Exhibit B, K. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. M. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. 20. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. 1. CONTROLLER'S APPROVAL. CRS §24- 30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. D. 4. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay 12of 15 CDAG # 11- ASE -01 when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. 5. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference shall be null and void. H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.9. EMPLOYEE FINANCIAL INTEREST. CRS § §24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J. 10. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid Loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), Grantee shall not knowingly employ or Grant with an 13 of 15 l CDAG # 11- ASE -01 illegal alien to perform work under this Grant or enter into a Grant with a Sub - grantee that fails to certify to Grantee that the Sub - grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to undertake pre- employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub - grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub - grantee is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if a Sub - grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5 - 102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the Granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24 -76.5 -101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this Grant. SPs Effective 1 /1 /09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 14 of 15 / (r CDAG# I I- ASE -0 21.SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO Pitkin County B John W. Hickenlooper, GOVERNOR �pntt� ti..�L Colorado Department of Transportation Print Name of Authorized Individual Donald E. Hunt — Executive Director Title: By: David C. Gordon ASST . Adc*TGpno Dact.CTok Aeronautics Division Director Print Title of Authorized Individual *. ature *Signature Date: - / Date: r- -ZS G ��....� LEGAL REVIEW John W. Suthers, Attorney Genelal re b.: Coo I S ,.Kc folr By: Signature - ssistant Attorney Gene I 1, Date: - 1 l ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER avid J. McDe jy ott, C By: .0 Colorado I partment of Transportation Date: C n / % 1) Page 15 of 15 g CDAG# 11- ASE -01 Exhibit A o 114 ►. COLORADO DISCRETIONARY AVIATION GRANT APPLICATION . ERONAUTIC 1 APPLICANT INFORMATION APPLICANT AGENCY (Airport Sponsor) Pitkin County Colorado MAILING ADDRESS CITY ZIP CODE 0233 E. Airport Rd. Suite A Aspen 81611 - PHONE NUMBER FAX EMAIL (970) 429 - 2853 (970) 920 - 5384 david.ulane@co.pitkin.co.us PROJECT PERIOD (mm /dd /yyyy) FROM 1/1/2010 TO 1/1/2012 ._..�� 10/28/2010 Signature - Sponsoring Agency, Title Date (mm /dd /yyyy) RETURN ORIGINAL APPLICATION TO: Colorado Department of Transportation Telephone: (303) 261 -4418 Division of Aeronautics FAX: (303) 261 -9608 5126 Front Range Parkway Watkins, CO 80137 Or email to: scot brownleeAdot.state.co.us PROJECT SUMMARY ®Additional Information Submitted with Application Extension of Runway 15/33 and Taxiway A 1,000' to the south. Airfield Snow Removal Equipment Replacment Please see attached additional information. PROJECT FUNDING SUMMARY CDAG $400,000 Local $547,368 FAA/Other $8,500,000 TOTAL $9,447,368.00 1 1of6 )- 1 CDAG# 11- ASE -01 Exhibit A PROJECT SUMMARY AND GRANT PROPOSAL IDENTIFY THE EXISTING PROBLEM ®Additional Information Submitted with Application Please see attached additional information. DEFINE THE PROPOSED PROJECT AND ESTIMATED SCHEDULE IN DETAIL *INCLUDE LAYOUT SKETCH ['Additional Information Submitted with Application The attached diagram shows the layout and phasing of the 1,000' runway extension. As of October, 2010, negotiations were still underway regarding the mitigation of the water well system, as required by the EA. It is expected that construction will begin in early spring 2011, and be completed by late fall of 2011. The replacement plow truck is expected to be procured and ordered in the first quarter of 2011, with delivery expected prior to the winter of 2011. The airport received a CDAG grant in 2010 for $223,684, the first half of the state's match for the total project cost, which is expected not to exceed $17,894,000. PART A — FUNDING RESOURCES 1. CDAG Grant Funds Requested $400,000 2. Local In -Kind 3. Local Cash $547,368 4. FAA Funds $8,500,000 5. Other Funds Identify Source: ////////:/// 6. Total Other Funds (Items 2, 3, 4, 5) $9,047,368 7. Project Funding Summary (Total items 1 through 6) $9,447,368 2 of 6 9)- CDAG# 11- ASE -01 Exhibit A PART B — BUDGET SUMMARY Define individual elements of each budget item CDAG % Local % FAA/ % TOTAL Other Capital Equipment Snowplow $176,316.00 35.2% $323,684.00 64.7% 0.0% $500,000.00 0.0% 0.0% $0.00 0.0% 0.0% $0.00 Construction Runway /Taxiway 2.5% Extension $223,684.00 2.5% $223,684.00 $8,500,000.00 95.0% $8,947,368.00 0.0% 0.0% $0.00 0.0% 0.0% $o.00 Other o.o% - o.o% $o.00 o.o% o.o% $o.00 o.o% o.o% $o.00 PROJECT GRAND TOTAL $9,447,368.00 ON -SITE PROJECT DIRECTOR NAME David Ulane, AAE MAILING ADDRESS CITY, STATE ZIP CODE 0233 E. Airport Rd. Suite A Aspen, CO 81611 - PHONE NUMBER FAX EMAIL (970) 429 -2853 (970) 920 -5384 david.ulane @co.pitkin.co.us LOCATION OF PROJECT FISCAL RECORDS (Complete only if different than Project Director) NAME MAILING ADDRESS CITY, STATE ZIP CODE PHONE NUMBER FAX EMAIL ( ) - ( ) - 3 of 6 �3 CDAG# 11- ASE -01 Exhibit A Project Summaries Runway Extension In July, 2010, following completion of an federal Environmental Assessment (EA), the Pitkin County Commissioners approved a project to extend runway 15/33 at the Aspen /Pitkin County Airport 1,000 to the south. At Aspen's 7,815' elevation, the airport's existing 7,000' runway length often restricts the number of passengers, fuel and baggage that can be accomodated on existing air carrier aircraft, particularly in the hot summer season. The runway extension will not allow larger or heavier aircraft to operate at the airport, and will be available only for takeoffs to the north. The extension will allow existing aircraft to operate with more payload, reduce the number of "bumped passengers ", allow air carriers to fill more aircraft seats with revenue passengers, provide the potential for longer stage lengths by both general aviation and air carrier aircraft, and increase operational safety. This application reflects the high end estimated cost of both design and construction costs, including the replacement of a domestic water well system located in the runway extension area, which was a mitigation measure required by the EA. The applicant realizes that actual state funding will be proportional to actual project costs. Airfield Snow Plow Replacement This project will entail the scheduled replacment of the airport's 1996 International 5000 airfield snow plow truck and 14' blade with a new, high speed runway plow truck with 22' blade. Identify the Existing Problem Runway Extension At Aspen's 7,815' elevation, the airport's existing 7,000' runway length often restricts the number of passengers, fuel and baggage that can be accomodated on existing air carrier and general aviation aircraft particularly in the hot summer season. The runway extension will allow existing aircraft to operate with more payload, reducing the number of "bumped passengers ", allow air carriers to fill more aircraft seats with revenue passengers, and provide the potential for longer stage lengths by both general aviation and air carrier aircraft. 4 of 6 n} CDAG# 11- ASE -01 Exhibit A Airfield Snow Plow Replacement Due to the significant amount of snowfall at Aspen's 7,815' elevation (nearly 200" annually), the airport's heavy snow removal equipment fleet sees extensive use, and is normally scheduled for replacement on ten year intervals. In this instance, we were able to realize fourteen years of service from our International plow. However, increasing maintenance costs, the vehicle's age, and its lack of commonality with our current snow removal fleet necessitate replacement at this time. Doing so will ensure that we can continue to provide the highest level of snow removal capabilities expected by our users. 5 of 6 3 •,v S 'Co , \ • '., . ' - P ' •- ' ' 2 CA V , '. ' ' ' • J , : , . s , • - Z• ,,gt, e. ' 4 1-- \ :: ' ' , t• - . ' ' 4:, - ,.. tr.. 1 ,.:1 .•-• V.. ,„... ", ....;':„...,- .-- --- ....- .,.. -? C. V C. - 1) . l' s 1 i'C .. , t , gsl 1 .. • - , 1.. ' • 2 z; . _.1 cc. t-- -- '. '.• ' - -0 .. . v , . I: ) (...) ,... r . 1 ; • : .v.: lk, .. rnu ..- : .. . ., . . ; -:. (" 111111$ \\;.!.; • , ' \.". ei., , . 2 40 #., 1 • ,-..,, , . ‘,...,..: • • . , , , l 'i"?..,..'' - . . -.• lki .e'l . . , ,..:.• '-- •• : '4' ., C6. • . 0 , _ 1,, Lt•I C 1- C ■ A y-- a. 1 . i .A\ ' f - . 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' • , • ii \ a \ -:.'1 1. ii,, , , , 7 ' ''..- -,.- . ' . \ \ ce- ' . \ c -- .._-.- , ...1 .:\ .,.. ‘ , ,, ...., (.). - . -.,. ce- to '7' • \ - t \ . N- 1 ,, _. \ , -, \ — , ) IP \ \ .1,,, '., k 't ) .., - --- It I ■• \ '.. I \ • '.!1",, :.'‘ t , , • -`,, ,4 \ ' , ii-- .., ii• ',, 1 V.,'--, : ....,.\ \ \ ...„ ' * 0 -...., "•,' •', : :■ t e r -- - ...' ..\ ,, . . 1 I:4 , ' . \ii,.i t: ' ' i . . 1 4 '1'1 :'' .., A , \ \ 1 , • 6 1 • - Iii" ..,"'''...\ \\\, ,: • ..,, : . , 1;7, " , , , \1 ,,,40 \4:Nttt CDAG# 11- ASE -01 EXHIBIT B RESOLUTION WHEREAS: The General Assembly of the State of Colorado declared in Title 43 of the Colorado revised Statutes, Article 10, 1991 in C.R.S. §43 -10 -101 (the Act) "... that there exists a need to promote the safe operations and accessibility of general aviation in this state; that improvements to general aviation transportation facilities will promote diversified economic development across the state; and that accessibility to airport facilities for residents of this state is crucial in the event of a medical or other type of emergency..." The Act created the Colorado Aeronautical Board ( "the Board ") to establish policy and procedures for distribution of monies in the Aviation Fund and created the Division of Aeronautics ( "the Division ") to carry out the directives of the Board, including technical and planning assistance to airports and the administration of the state aviation system grant program. SEE C.R.S. §43 -10 -103 and C.R.S. §43 -10 -105 and C.R.S. §43 -10 -108.5 of the Act. Any entity operating a public - accessible airport in the state may file an application for and be recipient of a grant to be used solely for aviation purposes. The Division is authorized to assist such airports as request assistance by means of a Resolution passed by the applicant's duly- authorized governing body, which understands that all funds shall be used exclusively for aviation purposes and that it will comply with all grant procedures and requirements as defined in the Division's Aviation Grant Management Manual, revised 2009, ( "the Manual "). NOW, THEREFORE, BE IT RESOLVED THAT: Pitkin County, as a duly authorized governing body of the grant applicant, hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant. Pitkin County states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. Each airport- operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements/ equipment; or b) to reimburse the Division for any unexpired useful life of the improvements/ equipment, or a pro -rata basis. By signing this grant agreement, the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Agreement. FURTHER BE IT RESOLVED: That Pitkin County hereby designates David Ulane as the Project Director, as described in the Manual and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in its behalf, including executions of the grant contract. FURTHER: Pitkin County has appropriated or will appropriate or otherwise make available in a timely manner all funds, if any, that are required to be provided by the Applicant under the terms and conditions of the grant contract. FINALLY: Pitkin County hereby accepts all guidelines, procedures, standards and requirements described in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted by the State, including all terms and conditions contained therein. for Pitkin County, Grantee ATTEST Page 1 of 1 911 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 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. '// , 2009 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. 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 $1,500,000 for the Airport Master Plan Update. 5. The FAA could offer assistance through one or more A1P grant offer(s) for up to $1,000,000 for the Runway Extension Project Environmental Assessment. 6. The FAA could offer assistance through one or more grant offers for up to $6,000,000 as part of a National Economic Stimulus package for general aviation ramp rehabilitation and /or taxiway improvements. 7. The State of Colorado could offer assistance through one or more grant offer(s) for up to $500,000 for improvement projects at the airport as contained in the airport's approved five year capital improvement program. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Section I; That future FAA grant offer(s) up to the amount of $1,500,000 of federal funds for projects associated with the Airport Master Plan Update are approved. 2' 1 That future FAA grant offer(s) for up to $1,000,000 for the Runway Extension Project Environmental Assessment is approved. That future FAA grant offer(s) up to $6,000,000 for general aviation ramp rehabilitation and/or taxiway improvements are approved. That 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. Further, 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. 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 JANUARY 28, 2009 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON FEBRUARY 1, 2009 ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON FEBRUARY 1 I, 2009. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, TN THE ASPEN TIMES WEEKLY ON FEBRUARY 22, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY I -PttCri(: • .1 ette Jones, / Patti Kay- Clapper, air D =•uty Clerk an Recorder -09 b — 18 -0 �1 Date Date 4 APPROVED AS TO FORM: COUNTY MANAGER APPROVAL: ibt(- ,r. John Ely, County Hilary tcher, Cou alter 5