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HomeMy WebLinkAboutbocc.res.011.2026 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO, AUTHORIZING THE CHAIR TO SIGN A NON-FEDERAL REIMBURSABLE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION – FEDERAL AVIATION ADMINISTRATION (“FAA”) IN THE AMOUNT OF $450,373.48 TO PERFORM PRELIMINARY PLANNING TO ASSESS THE IMPACTS OF FAA FACILITIES AS A RESULT OF THE RUNWAY 15/33 RECONSTRUCTION AT THE ASPEN/PITKIN COUNTY AIRPORT/SARDY FIELD RESOLUTION NO. 011-2026 RECITALS WHEREAS, pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, Pitkin County (County) is the owner, sponsor and operator of Aspen/Pitkin County Airport (Sardy Field), (Airport) located in the vicinity of Aspen, Colorado and operates, maintains and develops the Airport, in part, with federal grants, state funds, Passenger Facility Charges (PFC), and user fees, and; WHEREAS, pursuant to Resolution No. 025-2024, Pitkin County (“the sponsor”) received approval of the Airport Layout Plan (ALP) from the Federal Aviation Administration (FAA), which serves as a road map for implementing community-driven goals identified in the ASE Vision Common Ground Recommendations, and; WHEREAS, having an approved and signed ALP qualifies the Sponsor to receive Federal funding opportunities for critical airport projects including the runway, and; WHEREAS, as per the Airport Modernization Project, Runway 15/33 will be shifting to the west and widening, which requires shifting critical navigational facilities that support the runway, which are owned and maintained by the FAA, and; WHEREAS, activities involved in this project include technical consultation, engineering, design review, site visits, feasibility assessments, project planning, scoping and other related items for the equipment, and; WHEREAS, as part of this Federal grant program, the FAA will pay for 90-percent of all eligible costs. The Sponsor would be responsible for the remaining ten percent (10%), and; WHEREAS, the BOCC finds that it is in the best interests of the citizens of and the visitors to Pitkin County to approve this Resolution. 2 Resolution No. 011-2026 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution Of The Board Of County Commissioners (“BOCC”) Authorizing the Chair to Sign a Non-Federal Reimbursable Agreement (appended hereto as Exhibit A) with the Department of Transportation – Federal Aviation Administration in the Amount of $450,373.48 to Perform Preliminary Planning to Assess the Impacts of FAA Facilities as a Result of the Runway 15/33 Reconstruction at the Aspen/Pitkin County Airport/Sardy Field. 3 Resolution No. 011-2026 INTRODUCED AND FIRST READ ON THE 14TH DAY OF JANUARY, 2026 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 28TH DAY OF JANUARY 2026. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 15TH DAY OF JANUARY, 2026. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 15TH DAY OF JANAURY 2026. ADOPTED AFTER FINAL READING ON THE 28TH DAY OF JANAURY 2026. POSTED BY TITLE AND SHORT SUMMARY AFTER ADOPTION, ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) AFTER ADOPTION, ON THE 5TH DAY OF FEBRUARY 2026. PUBLISHED BY TITLE AND SHORT SUMMARY AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 5TH DAY OF FEBRUARY, 2026. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Sam Engen Jeffrey H. Woodruff, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL By: ___________________________ By:_______________________________ Richard Neiley, III Kara Silbernagel, County Attorney Interim County Manager Form Revised 01/01/2026 Feb-03-2026 Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 1 of 11 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND PITKIN COUNTY ASPEN-PITKIN COUNTY AIRPORT/SARDY FIELD ASPEN, COLORADO WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the Pitkin County (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA’s mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA’s mission; WHEREAS, the FAA has determined that this project is reasonably anticipated to support construction or alteration at an airport as to which notice will be required under section 77.9 of title 14, Code Federal Regulations; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and Pitkin County. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(l)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope A.The purpose of this Agreement between the FAA and the Sponsor is to providefunding for FAA services, including travel and expenses, required to perform preliminary planning to assess the impacts to FAA facilities as a result of the Sponsor’s Runway (RWY) 15/33 reconstruction project. This Agreement providesfunding for the FAA to establish these services. Therefore, this Agreement is titled: Aspen, CO (ASE) – Runway 15/33 Relocation EXHIBIT A Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 2 of 11 B. The FAA will perform the following activities: 1. Conduct preliminary project planning activities including, but not limited to, technical consultation, engineering, design review, site visits, feasibility assessments, project planning, scope definition, development of cost estimate(s), development of design packages, and travel in support of the reimbursable agreement program management. 2. Provide the Sponsor any design requirements and/or recommendations related to FAA facilities and/or infrastructure impacted by the Sponsor’s project. Specifically, civil and electronics design for the following facilities: a. Automated Surface Observation System (ASOS). Costs for which will be itemized separately. Note: ASOS planned to transition to Automated Weather Observation System (AWOS-C). b. Stand Alone Weather Sensors (SAWS). Costs for which will be itemized separately. Note: SAWS planned to transition to Stand Alone Weather System (SWS). c. RWY 15 Localizer (LOC) d. RWY 15 Distance Measuring Equipment (DME). Co-located with the Aspen-Pitkin County Airport/Sardy Field (ASE) LOC. e. RWY 15 Medium Intensity Approach Lighting System with Flashers (MALSF) f. RWY 15 Precision Approach Path Indicator (PAPI) g. Video Surveillance Advisory System (VSAS) 3. Coordinate with ASE to gain access to the project site, including any airport- specific security briefs or driving requirements, for the purposes of site surveys, construction inspection, and other activities. 4. Attend meetings and perform site visits in support of this agreement. 5. Submit Notice of Proposed Construction or Alteration (FAA Form 7460-1) for FAA owned equipment. 6. Participate in progress and coordination meetings. 7. Provide a copy of the site survey report, proposed statement of work, and estimated cost for the relocation of FAA facilities to the Sponsor. 8. Impacts to PKN LDA as a result of the runway shift will be assessed and if necessary, this agreement will be amended to cover design and construction required to mitigate those impacts. Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 3 of 11 9. Complete all required Environmental Screening Checklists (ESCs) and Technical Operations required environmental reviews. 10. Complete the FAA required portions of environmental analysis as required by the National Environmental Policy Act (NEPA). a. Specifically, review the project to the levels required by FAA Order 1050.1F, Environmental Impacts: Policies Procedures, and FAA Order 5050.4B, NEPA Implementing Instructions for Airport Actions. 11. Obtain any available photogrammetry data or master planning data, the latest approved Airport Layout Plan (ALP), and elevation data for future structures, and other data as required, and provide a 3-D model of the airfield for use during the siting study. 12. Facilitate the tower siting process per the current version of Order 6480.4, Airport Traffic Control Tower Siting Process, or the latest approved draft. 13. Provide a detailed siting report describing the location and relevant elevations for the preferred sites and identify the recommended site in accordance with the current version of Order 6480.4, Airport Traffic Control Tower Siting Process, or the latest approved draft. 14. Complete all required Technical Operational Risk Management (ORM). 15. Provide updates, as required, to the National Flight Data Center (NFDC) for all FAA facilities impacted by this project. 16. Coordinate with the Sponsor regarding on-going projects to minimize impacts to Airport and Air Traffic operations. 17. Incorporate requirements and recommendations made by the Airport, System Support Center (SSC), and Air Traffic and agreed upon by the FAA into the design drawings and specifications. 18. Coordinate with FAA Flight Procedures regarding the procedure design for all impacted FAA facilities. 19. Submit Frequency Transmitting Authorization (FTA) requests. 20. Provide documentation and support as required in preparation for follow-on agreements. C. The Sponsor will perform the following activities: 1. Coordinate design reviews at 10%, 30%, 60%, 90%, and 100% completion with the FAA engineer and Planning Specialist, including a complete schedule (and updates as they occur) for the work to be accomplished. Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 4 of 11 2. Incorporate any requirements and recommendations made by the FAA, and agreed to by the Sponsor, into design drawings and specifications and into the construction project regarding impacts to FAA-owned systems. 3. Provide the FAA point of contact (POC) identified by this document with a full set of plans and specifications for this project. This includes scaled electronic drawings of all project areas, grading plans of safety area, proposed runway centerline profiles, latitude, longitude, and elevation of runway ends in both .pdf and AutoCAD formats. 4. Provide survey information and/or documentation to verify the clearance of critical areas and obstruction surfaces relating to FAA facilities. 5. Provide any available photogrammetry data or master planning data, the latest approved Airport Layout Plan (ALP), and elevation data for future structures, and other data as required by the current version of Order 6480.4, Airport Traffic Control Tower Siting Process, or the latest approved draft. (Contact Shari Teel & Zane Edwards first). 6. Participate in the siting process in accordance with the current version of Order 6480.4, Airport Traffic Control Tower Siting Process, or the latest approved draft. 7. Provide to the FAA in support of the siting report: a. Airport Concurrence Letter b. Security considerations 8. Participate in safety and construction discussions/reviews (Safety Risk Management (SRM), Constructions Safety Phasing Plan (CSPP), etc.) with FAA. 9. Provide the FAA with project schedules as they are updated, highlighting work impacting FAA (required resources, anticipated impacts to facilities and/or infrastructure, etc.). 10. Provide the FAA with access to the project site, including assistance with any airport-specific security briefs or driving requirements, for the purposes of site surveys and other activities. 11. Submit Notice of Proposed Construction or Alteration (FAA Form 7460-1) for runway relocation construction activities. D. This agreement is in whole or in part funded with funding from an AIP grant [ ] Yes [X] No. If Yes, the grant date is:________ and the grant number is: _________________. If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available. Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 5 of 11 ARTICLE 4. Points of Contact A. FAA: 1. The FAA Western Service Area, Planning & Requirements Group, NAS Planning Team will provide administrative oversight of this Agreement. Jose Lopez Gudino is the Planning Specialist and liaison with the Sponsor and can be reached at (206) 231-2895 or via email at jose.lopez.gudino@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. The FAA Western Service Area, Engineering Services, NAVAIDS Engineering Center DES will perform the scope of work included in this Agreement. Austin Mixsell is the Lead Engineer and liaison with the Sponsor and can be reached at (206) 231-2638 or via email at austin.mixsell@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 3. The execution, amendment, and administration of this Agreement must be authorized and accomplished by the FAA’s Contracting Officer, Brad Logan who can be reached at (817) 222-4395 or via email at brad.logan@faa.gov. B. Sponsor: Pitkin County Diane Jackson, Airport Director 530 E. Main St., Suite 304 Aspen, CO 81611 Telephone: (970) 309-0250 Email: diane.jackson@aspenairport.com ARTICLE 5. Non-Interference with Operations The Sponsor understands and hereby agrees that any relocation, replacement, or modification of any existing or future FAA facility, system, and/or equipment covered by this Agreement during its term or any renewal thereof made necessary by Sponsor improvements, changes, or other actions which in the FAA’s opinion interfere with the technical and/or operations characteristics of an FAA facility, system, and/or piece of equipment will be at the expense of the Sponsor, except when such improvements or changes are made at the written request of the FAA. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties will determine funding responsibility. ARTICLE 6. Property Transfer – Reserved Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 6 of 11 ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM RUNWAY SHIFT ESTIMATED COST ASOS/SAWS ESTIMATED COST TOTAL ESTIMATED COST Labor WB4010 – Program Management $38,321.60 $17,984.40 $56,306.00 WB4020 – Engineering Support $112,793.20 $27,654.20 $140,447.40 WB4030 – Environmental & Occupational Safety & Health Compliance $11,900.56 $6,597.10 $18,497.66 WB4040 – Site Selection & Acquisition $19,750.20 $6,428.90 $26,179.10 Labor Subtotal $182,765.56 $58,664.60 $241,430.16 Labor Overhead $36,333.79 $11,662.53 $47,996.32 Total Labor $219,099.35 $70,327.13 $289,426.48 Non-Labor WB4010, WB4020, WB4030, WB4050 – Travel $67,725.00 $21,300.00 $89,025.00 WB4040 – Siting Assessment/Siting Report $60,000.00 $60,000.00 Non-Labor Subtotal $127,725.00 $21,300.00 $149,025.00 Non-Labor Overhead $10,218.00 $1,704.00 $11,922.00 Total Non-Labor $137,943.00 $23,004.00 $160,947.00 TOTAL ESTIMATED COST $357,042.35 $93,331.13 $450,373.48 FAA shall make reasonable efforts to perform under this agreement in a cost-effective manner, consistent with the estimated costs in this Article 7, Public Law 114-307, the FAA Financial Manual, and the FAA Acquisition Management System, as applicable. ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9 of this Agreement. This Agreement will not extend more than five years beyond its effective date. Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 7 of 11 ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor, except as described in section D of this Article. Per U.S. Treasury guidelines, refunds under $1.00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than $1.00. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Reimbursable Receipts team is identified by the FAA as the billing office for this Agreement. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt- processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. When submitting funding by mail, the Sponsor must include a copy of the executed Agreement and the full advance payment. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt-processing delay of up to 10 working days. FAA payment remittance address using USPS is: DOT/FAA/ESC P.O. Box 25770 AMK-322 – MPB 328 Oklahoma City, OK 73125 FAA payment remittance address using Fed Ex (overnight) is: DOT/FAA/ESC AMK-322 – MPB328 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 8 of 11 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: Pitkin County Attn: Daniela Angelova, Controller 530 E. Main St., Suite 304 Aspen, CO 81611 Telephone: (970) 618-0100 Email: daniela.angelova@pitkincounty.com D. The FAA will accept payments under this Article from only one of two sources: either (1) the Sponsor or (2) a Third Party on behalf of the Sponsor, and the same source must make all required payments. If a Third Party makes the payments, then any refund due from FAA upon completion of the Agreement will be returned to that Third Party. E. The FAA will provide the Sponsor a quarterly Statement of Account of costs incurred against the advance payment. F. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA’s actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA’s additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Amendments Changes and/or amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 9 of 11 ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under one or more of the following authorities: 49 U.S.C. § 106(l), 31 U.S.C. § 6505, Public Law 114-307, 130 Stat 1523, Dec. 16, 2016. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless it is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 46110). Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 10 of 11 ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.1F applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14.2, Contractor Personnel Suitability Requirements are met. Agreement Number AJW-FN-WSA-16-NM-000555 Non-Federal Reimbursable Agreement V98 January 8, 2026 Page 11 of 11 ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. Additionally, the FAA expects this agreement to be funded within 120 days of execution, if funding is not received by that date; the FAA may exercise the right to renegotiate estimated costs. AGREED: FEDERAL AVIATION ADMINISTRATION PITKIN COUNTY SIGNATURE SIGNATURE NAME Bradley K. Logan NAME Jeffrey H. Woodruff TITLE Contracting Officer TITLE Chair, Pitkin County Board of Commissioners DATE DATE Feb-03-2026