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Home My WebLink AboutBOCC.packet. 05142014 - CDOT Aeronautics GrantAGENDA ITEM SUMMARY REGULAR MEETING DATE: April 23, 2014 TOPIC: Aspen - Pitkin County Airport A Resolution approving the acceptance of CDOT Division of Aeronautics Grant Agreement Amendment Second Read and Public Hearine STAFF RESPONSIBLE: Brian Grefe, Assistant Aviation Director /Administration ISSUE STATEMENT: Staff is seeking approval to accept Colorado Department of Transportation, Division of Aeronautics Grant Amendment that amends the description of 11- ASE -01. BACKGROUND: In 2011 CDOT Division of Aeronautics offered and Pitkin County accepted grant 11- ASE -01. The grant had two elements. The first element was, "to participate in federally funded extension of Runway 15/33 and Taxiway A ". This element was funded at 2.5% of the $8,947,368 total eligible costs. The second element was to "purchase airfield snow removal equipment ". The snow removal equipment was funded at 35% of the $500,000 total Pitkin County completed the physical runway extension and associated taxiway work. The project is now nearing financial and final completion. The total federally eligible construction costs came under what was estimated at the time of the grant acceptance. Because of this the County is not able to utilize all of the funds made available for that grant element. Furthermore, the snow removal equipment that was identified in the second element was funded through Passenger Facility Charges. Because of this the snow removal grant element was not able to be utilized. The Colorado Department of Transportation, Division of Aeronautics (CDOT) has offered to amend the funding of this project by extending a grant amendment to Pitkin County. The total amount of the grant will remain the same, but the description will be changed to include an additional element, "Overmatch extension of Runway 15/33 and Taxiway A ". This change in description will allow CDOT to reimburse the County for items in which the FAA did not participate. CDOT will reimburse these elements at 90 %. In 2013 the County purchased two Operation's plow trucks for the Airport. These vehicles where purchased using only County Funds. Because of the description of the snow removal equipment element in the 11- ASE -01 grant, CDOT has allowed us to apply for reimbursement on those vehicles at 35 %. LINK TO STRATEGIC PLAN: Prosperous Economy — This amendment will allow the County to best utilize grant funds made available by the State of Colorado. BUDGETARYIMPACT Approving this amendment will positively affect the 2014 budget. Because these grant funds were not drawn on, the corresponding general ledger line item was not carried forward into 2014 nor budgeted. The net budget effect over the life of the grant will be negligible if approved, because all $400,000 was previously budgeted. If not approved, the County will need to return approximately $97,541 of CDOT grant funds. RECOMMENDED BOCC ACTION: Staff recommends the Board approve the resolution accepting a Contact Amendment to CDOT grant 11- ASE -01 and execution of the Contract Amendment Agreement CMS 414 HAV 67883 provided by the Colorado Department of Transportation, Division of Aeronautics. ATTACHMENTS: Resolution, CDOT Grant Amendment RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING A CONTACT AMMENDMENT OFFER FROM THE COLORADO DEPARTMENT OF TRANSPORTATION COLORADO AERONAUTICAL BOARD, DIVISION OF AERONAUTICS, TO AMMEND GRANT 11- ASE -01 AT THE ASPEN / PITKIN COUNTY AIRPORT RESOLUTION NO. -2014 Recitals: 1. Pitkin County is the owner, operator and sponsor of the Aspen/Piticin County Airport. 2. Pitkin County has received a construction grant from the Colorado Department of Transportation, Division of Aeronautics numbered 11- ASE -01 to assist in the funding of the extension to Runway 15133 and Taxiway A; and to Purchase Airfield Snow Removal Equipment. 3. Pitkin County has completed the aforementioned project. 4. The Colorado Department of Transportation, Division of Aeronautics has offered an amendment to the description of 11- ASE -01to allow Pitkin County to better utilize the grant funds. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. Acceptance of a Contract Amendment offer from the Colorado Division of Aeronautics to amend the description of 11- ASE -01 is approved. 2. The Chair is hereby authorized and directed to execute the Grant Amendment on behalf of Pitkin County, and any other documents necessary to complete the transaction(s), subject to approval of form by the County Attorney. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY OF 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspMitkin.com) ON THE DAY OF 2014. ATTEST: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS IN Rob Ittner, Chair Date: MANAGER APPROVAL Jon Peacock, County Manager i Amendment # 1 Original Contract TAmendment CMS # 11 HAV 28636 # 14 HAV 67883 CDAG # 11- ASE -01 91000950 / 491000594 1) PARTIES This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by and between Pitkin County (hereinafter called "Contractor "), and the STATE OF COLORADO (hereinafter called the "State ") acting by and through the Department of Transportation, (hereinafter called "CDOT). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Contractor 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) FACTUAL RECITALS a. The Parties entered into the Contract to participate in Federally Funded extension of Runway 15/33 and Taxiway A and to purchase Airfield Snow Removal Equipment. b. The Parties now desire to do the following: i. Add Element C: Overmatch extension of Runway 15/33 and Taxiway A. ii. Extend Term Date to 06/30/2015 4) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 5) MODIFICATIONS. The Amendment and all prior amendments thereto, if any, are modified as follows: 1. Section 5A is hereby deleted in its entirety and replaced with the following language: 5. TERM A. Initial Term -Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. The Grant shall terminate on June 30, 2015. 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. 2. Section 6A is hereby deleted in its entirety and replaced with the following language: 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. Element C: Overmatch extension of Runway 15/33 and Taxiway A. 3. Section 6B is hereby deleted in its entirety and replaced with the following language: 6. STATEMENT OF WORK 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 `. Page 1 of 3 June 30, 2015. 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. 4. Section 7A is hereby deleted in its entirety and replaced with the following language: 7. PAYMENTS TO GRANTEE 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 $126,143.00 for Element A, 35% of the project cost not to exceed $176.316 for Element B, and 90% of the project cost not to exceed $97,541 for Element C as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payment 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: $ 460,666.00 Federal: $ 4,793,434.00 6) START DATE This Amendment shall take effect upon the date of the State Controller's Signature. 7) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 8) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. Page 2 of 3 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE GRANTEE Pitkin County By: Rob Ittner Title: Chairman, Board of County Commissioners Date: *Signature STATE OF COLORADO John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Donald E. Hunt, Executive Director By: David C. Gordon, Aeronautics Division Director Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD Colorado Department of Transportation Date: Page 3 of 3