HomeMy WebLinkAbout8609RESOLUTION NO. 8609
RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION AERONAUTICAL BOARD FOR THE
PURPOSE OF IMPLEMENTING, ADMINISTERING, AND PROVIDING STATE
AVIATION SYSTEM GRANTS TO BE USED SOLELY FOR AVIATION
PURPOSES AT THE PUEBLO MEMORIAL AIRPORT
WHEREAS:
The General Assembly of the State of Colorado declared in Title 43 of the Colorado
Revised Statutes, Article 10, 1991 ( "the Act ") in C.R.S.43 -10 -101 "...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... ".
2. The Act created the Colorado Aeronautical Board ("the Board ") to establish policies
and plans for the growth and development of aviation in the state, andto establish
procedures for the administration and distribution of monies credited tothe aviation
fund to be used solely for aviation purposes at public - accessible airports, including
procedures for the state aviation system grant program. SEE C.R.S.43 -10 -105 of the
Act.
3. The Act created the Division of Aeronautics ( "the Division ") to support the Board in
fulfilling its duties. The duties of the Division in supporting the Board include
providing administrative support to the Board in the distribution of monies credited
to the aviation fund for aviation purposes, providing advisory assistance to airports
providing access to the public, including technical and planning assistance, and
implementing/ administering the state aviation system grant program established
solely for aviation purposes. SEE C.R.S.43 -10 -103 and C.R.S.43 -10 -108.5 of the Act.
4. Any entity operating a public - accessible airport in the state may apply to the Division
for a state aviation system grant to be used solely for aviation purposes. SEE
C.R.S.43 -10- 102(3) and 43 -10- 108.5(2) of the Act.
5. The Applicant is a public - accessible airport or an entity operating such an airport in
the state and has filed an application with the Division and the Board for a state
aviation system grant to be used solely for aviation purposes.
6. The Division is authorized to assist only those public - accessible airports or entities
operating such airports that request assistance by means of a resolution passed by
the governing board of the airport or entity and forwarded to the Division. SEE
C.R.S.43 -10- 103(5) of the Act.
7. The Applicant understands that if it is awarded a grant by the State, any
disbursement of grant funds to the Applicant shall be contingent upon the prior
receipt by the State of a resolution that has been adopted by the duly authorized
governing body of the Applicant and that expressly satisfies certain grant procedures
and requirements, as described below.
8. The Applicant desires to request such grant assistance by means of a resolution
passed by Applicant's duly authorized governing board, in order to comply with
C.R.S.43 -10- 103(5) of the Act and to satisfy certain grant procedures and
requirements. The Applicant intends that the resolution:
a) designate the individual authorized by the Applicant to execute the applicaticn
on its behalf and to act in all related matters as the Applicant's Project
Director for the project proposed in the Application, as described in the
Division's Grant Program Project Management Manual ( "the Manual "); and
b) commit the Applicant to comply with all terms and conditions of the
application and all guidelines, policies, procedures, and requirements
described in the Manual if a grant for the project is awarded to the Applicant
by the Board; and
C) obligate the Applicant to appropriate or otherwise make available in a timely
manner sufficient funds, if any, that are required from the Applicant for the
application project.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT:
SECTION 1
The City Council of Pueblo, a Municipal Corporation, as the duly authorized governing boar
of the grant Applicant, hereby formally accepts assistance from the Colorado Aeronautical
Board and the Division of Aeronautics in the form of a state aviation system grant. Pueblo,
a Municipal Corporation, states that such grant shall be used solely for aviation purposes,
as determined by the State, and as generally described in the Application.
SECTION 2
Pueblo, a Municipal Corporation, hereby designates Lewis A. Quigley, City Manager, as the
Project Director, as described in the Manual, and authorizes the Project Director b act in all
matters relating to the work project proposed in the Application and Contract in its behalf.
SECTION 3
Local matching funds for this project will be taken from the Land Sales Revenue account.
SECTION 4
Pueblo, a Municipal Corporation, hereby accepts and shall comply with all terms and conditions
of the Grant Contract and 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.
SECTION 5
The President of the City Council is hereby authorized to execute said Contract on behalf of
Pueblo, a Municipal Corporation and the City Clerk shall affix the Seal of the City thereto and
attest the same.
Introduced January 11, 1999
By John Verna
Councilperson
ATTEST:
City Clerk
APPROVED:
9 , 'h .,(,, 1
President of the City Council
J 6
Council Agenda
RESOLUTION APPROVING A CONTRACT FOR
TITLE : STATE AERONAUTICS GRANT ASSISTANCE
DEPARTMENT: PUEBLO MEMORIAL AIRPORT
ISSUE
# Y &C/C/
AGENDA ITEM # Cv
DATE: JANUARY 11, 1999
Should the City Council approve a Contract for grant assistance from the State of Colorado Department
of Transportation Aeronautical Board to be used solely for aviation purposes at the Pueblo Memorial
Airport.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
On August 10, 1998, City Council approved the application for grant assistance from the Colorado
Division of Aeronautics (Resolution No. 8484). This is the grant contract which was applied for at that
time. The grant funds will be used for the installation of a Precision Approach Path Indicator (PAPI)
on Runway 26R. The current VASI unit was evaluated recently showing that deterioration due to the
age of the unit makes it a priority for replacement as components for repair are increasingly expensive
and difficult to acquire. The continued life of the current VASI unit is questionable at best, even if
repairs or parts replacement is initiated. To maintain and improve the current level of Visual Landing
Aids, this VASI needs to be replaced with a PAPI unit.
FINANCIAL IMPACT
Local matching funds will be taken from the Land Sales Revenue account. The total project cost
identified in the grant contract is for $80,000:
State Amount: $52,000
Local Match Amount: $28,000
CONTRACT
Sk -
This Contract, made this day of TAY► ft 1997 , by and between the State of Colorado
for use and benefit of the Department of Transportation, Aeronautical Board ( "Board "), by the
Division of Aeronautics ( "Division "), 56 Inverness Drive East, Englewood, Colorado 80112-5114,
herein referred to as "the State ", and City of Pueblo, an operator that provides a public accessible
aviation service in Colorado, herein referred to as "the Grantee ".
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise
made available, and a sufficient unencumbered balance thereof remains available for payment in
Fund Number 160 HAA 009S 037 5000 0304 5110 1 N , Appropriation Code 037, Grant Budget
Line No 4249, FEIN 8460006156;
WHEREAS, the State is authorized to implement and administer the state aviation system grant
program ( "grant program ") and to provide grants to entities operating public accessible airports in
Colorado, in accordance with the provisions of C.R.S. 43 -10 -108;
WHEREAS, the grant program must be used solely for aviation purposes, as defined in C.R.S. 43-
10- 102(3);
WHEREAS, the Board and the Division have developed the Colorado Aviation System Grant
Program /Project Management Manual, Revised July 1, 1998 ( "Project Manual "), which contains
policies, procedures and requirements to administer the grant program;
WHEREAS, the Board and the Division have established criteria to evaluate grant applications and to
distribute grant program funds;
WHEREAS, the Grantee has submitted a grant Application (Attachment A) to use grant program
funds solely for the aviation purposes specifically described in the Scope of Work (Attachment B),
and the Division has determined that the Application meets the grant criteria;
WHEREAS, the Division has determined that the activities proposed in the Application are solely for
aviation purposes, are consistent with the State Aviation Systems Plan, and support and improve
the State Aviation System;
WHEREAS, the Grantee has the administrative and technical ability to properly complete the
objectives and activities described in Attachments A and B, and the Grantee desires to agree to
perform such activities in accordance with the Contract budget (Attachment C);
WHEREAS, the Division has determined that no State Agency can reasonably conduct the activities
and provide the services described in the Application;
WHEREAS, this Contract is executed by the State under authority of C.R.S. 29 -1 -203, 43 -10-
103(2), 43 -10- 108.5, 43 -10- 110(3), as amended, and the attached Board resolution (Attachment
D), and is executed by the Grantee under authority of C.R.S. 43 -10- 108.5(2), and pursuant to the
attached resolution (Attachment E) executed by the duly authorized governing body of the Grantee;
WHEREAS, the Grantee warrants it has taken all necessary steps to ensure the individual signing
the Contract for the Grantee has been delegated such authority by the governing body of the
Grantee.
NOW, THEREFORE, it is hereby agreed as follows:
1. Attachments A through F are incorporated herein as terms and conditions of this Contract. All
policies, procedures, and requirements concerning the grant program that are described in the
Project Manual, Revised July 1, 1998, as applicable to the Grantee are also incorporated herein as
terms and conditions of this Contract. The Grantee shall comply with all such terms and conditions.
2. If a conflict occurs between the terms and conditions of Attachments A through F or of the
Project Manual, and the terms and conditions of this Contract proper, then the following priority
shall be used to resolve such conflict:
A. First, the Attachment F "Special Provisions" and this Contact proper; then,
B. Attachment B; then,
C. Attachment C; then,
D. The Project Management Manual; then,
E. Attachment A; then,
F. Attachment D; then,
G. Attachment E; then,
H. Attachment F.
3. The Grantee shall satisfactorily perform and complete the activities and services described in
Attachment A and detailed in Attachment B (collectively referred to as "the work "), in accordance
with the terms and conditions of the Contract.
4. The Grantee shall submit periodic and final reports to the State concerning the performance of
the work, in accordance with the procedures and requirements described in the Project Manual,
Revised July 1, 1997, and the reporting criteria described in Attachment B.
5. The Grantee shall comply with the budget for the work, as described in Attachment C. The
Grantee shall be solely responsible for all costs of the work incurred in excess of the budget or
incurred prior to the effective date of the Contract.
6. The estimated total costs of the work are not to exceed $80,000.00. Subject to the
conditions of the Contract, the State and Grantee shall participate in providing this estimated total
cost amount as follows:
A. Maximum State Amount: $52,000.00
B. Grantee Local Match Amount: $28,000.00
C. Maximum Other Amount(s)
Total Grant Budget
$80,000.00
THE MAXIMUM State share amount of the Contract shall be comprised entirely and exclusively of
moneys from the C.R.S. 43 -10 -109, Aviation Fund made available by the Board to the grant
program. The State share of the actual costs incurred by the Grantee for the performance of the
work shall not exceed the maximum amount described above, without the benefit of a written
VA
Supplemental Contract of Change Order executed by the State prior to the performance of additional
activities or the incurring of additional costs.
If the actual costs incurred for the work are less than the estimated total program costs then the
State's maximum share of such costs shall be reduced proportionately, unless a prior written
Supplemental Contract or Change Order has been executed by the State which reduces the required
Grantee share or increases the State share. The Grantee may increase the Grantee share of the
costs of the work without further State approval, provided that any such increase shall not result in
any increase in the State share.
7. The State shall reimburse the Grantee for the satisfactory performance and completion of the
work only in accordance with the reimbursement method(s), provisions, and procedures described in
Section II (9) and (1 1) of the Project Manual, Revised July 1, 1998. The method of payment will
depend on the type of the work performed under the grant, and the State will decide which
particular method of payment described in the Project Manual will be used for the work.
8. The Grantee shall make a complete file of all records, communications, and other written
materials that pertain to the performance of the work under this Contract including, without
limitation, all cost records. The Grantee shall maintain such file for a period of not less than three
(3) years after the date of termination of this Contract, or for such longer period as may be
necessary to resolve any matters that may be pending.
The Grantee shall permit the State to audit and /or inspect its records for the work during the term
of this Contract and for a period of not less than three (3) years following the termination of this
Contract, in order to verify appropriate use of State funds, to assure compliance with the terms
hereof, and to evaluate the performance of the work.
The Grantee shall also comply with the specific accounting, record keeping, audit, and capital
equipment requirements and procedures, as described in Section II of the Project Manual.
9. The term of this Contract shall commence on the date this Contract is approved in writing by
the State Controller or designee ( "the effective date "), as evidenced by the date indicated in
paragraph 1 of Page 1 of this document, and shall terminate on June 30, 2000 unless otherwise
terminated as provided herein. The State may extend the effective dates for performance of the
contract by issuance of an Contract Option prior to the state expiration date. All work performed or
costs incurred by or at the direction or request of Grantee prior to the effective date shall be the
sole responsibility of the Grantee and shall not be compensated under the terms of this agreement.
10. The Grantee shall not execute any subcontract for the performance of the work under this
Contract without the prior written approval of the Director of the Division, or designee, prior to such
execution.
The Grantee shall ensure that all subcontracts contain express provisions requiring the
subcontractor to make and maintain all records concerning the cost(s) and performance of the work
and to allow the State to inspect, examine, and audit such records, in accordance with the
procedures described above and in the Project Manual. All subcontracts must comply with the
requirements described in Section II(14) of the Project Manual, Revised July 1, 1998.
The Grantee shall not assign the Contract without the prior written approval of the State. Any
assignment without such approval shall be void.
3
1 1. CONTRACT TERMINATION
(a) Termination for Cause
If, for any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under
this Contract, or if the Grantee shall violate any of the covenants, agreements, or stipulations of this
Contract, the State shall thereupon have the right to terminate the Contract for cause by giving
written notice to the Grantee of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs, equipment,
etc., and reports or other material prepared by the Grantee under this Contract shall, at the option
of the State, become its property, and the Grantee shall be entitled to received just and equitable
compensation for any satisfactory work completed on the activities or functions of this Contract.
Notwithstanding the above, the Grantee shall not be relieved of liability to the State for any
damages sustained by the State by virtue of a breach of the Contract by the Grantee, and the State
may withhold any payments to the Grantee for the purpose of offset until such time as the exact
amount of damages due the State from the Grantee is determined.
(b) Termination for Convenience.
The State may terminate this Contract at any time the State determines the purposes of the
distribution of moneys under the agreement would no longer be served by completion of the
Contract. The State shall effect such termination by giving written notice of termination to the
Grantee and specifying the effective date thereof, at least thirty (30) days before the effective date
of such termination.
12. The Grantee shall perform its duties under the Contract as a Grantee /independent contractor
and not as an employee of the State. Neither the Grantee nor any agent, employee, subcontractor,
or servant of the Grantee shall be or shall be deemed to be an agent or employee of the State, and
they shall have no authorization, express or implied, to bind the State to any agreements,
settlements, liability, or understanding except as expressly set forth herein. The Grantee shall be
responsible to the State for the ultimate results of the performance required hereunder but shall not
be subject to the direction and control of the State as to the means and methods of accomplishing
the results. The specification in this Contract of particular performance standards the State deems
essential to proper performance and Contract value shall in no event be deemed to alter this
relationship. The Grantee shall pay when due all required employment taxes and income taxes
withholding, including federal and State income tax on any moneys paid pursuant to this Grant
Contract. The Grantee shall provide and keep in force worker's compensation (and show proof of
such insurance) and unemployment compensation insurance in the amounts required by law, and
shall be solely responsible for the acts of the Contract, its employees and agents. The Grantee
acknowledges that the Grantee and its employees are not entitled to the benefits of worker's
compensation insurance or unemployment insurance unless the Grantee or a third party provides
such coverage and that the State does not pay for or otherwise provide such coverage.
Grantee shall be solely and entirely responsible for its acts or omissions and the acts or omissions of
its agents, employees, subcontractors, and servants. Grantee shall pay when due all employment
taxes and income tax withholding and shall provide and keep in force worker's compensation (and
show proof of such insurance) and unemployment compensation insurance, to the extent required
by law for the work.
13. To the extent this Contract may be executed and performance of the obligations of the parties
may be accomplished within the intent of the Contract, the terms of this Contract are serveable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision. The waiver of
any breach of a term shall not be construed as a waiver of any other term.
14. This Contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal,
addition, deletion, or other amendment hereto shall have any force and effect unless embodied in a
written contract executed and approved pursuant to State Fiscal Rules.
15. The grantee /local entity shall keep the airport facility accessible to, and open to, the public
during the entire useful life of the grant funded improvements /equipment. The Division has
determined that the useful life of the grant funded shall be five years.
a) If the grantee /local entity ceases operation or closes the airport, or otherwise fails to
maintain the airport facility accessible to and open to the public during that entire useful life, then
the grantee /local entity shall reimburse the Division for the entire value of any unexpired useful life
of the improvements /equipment, or a pro -rata basis, not later that 30 calendar days after that
cessation /closure.
b) If the grantee /local entity ceases operation or closes the airport, or otherwise fails to
maintain the airport facility accessible to and open to the public during that entire useful life, but
does not comply with subparagraph (a) above, then the Division has the right to enter upon the
airport property and remove such improvements /equipment (if practicable) from the airport facility
for use elsewhere for aviation purposes. In that event the Division will own such
improvements /equipment, vis -a -vis the grantee, and the grantee shall execute any documents and /or
take any actions requested by the Division to perfect the ownership.
c) The Division has no obligation to take the action described in subparagraph (b) above,
but it may do so at its sole option and in its exclusive discretion. If the Division elects not to take
such action, it may still pursue all available legal remedies.
16. The Grantee shall submit to the State with the executed Contract a resolution (Attachment E)
that has been duly adopted by the governing board of the Grantee.
That resolution must expressly:
A. designate a particular individual as the "Project Director" for the Grantee's performance
of the work;
B. authorize the Project Director to take all steps and perform all necessary functions in
connection with the work, as described in the Project Manual;
C. authorize the signatory named below to execute the Contract on behalf of the Grantee;
D. indicate that the Grantee has taken or will take all necessary actions to appropriate or
otherwise make available all funds that the Grantee is required to provide for the work
under the Contract, if any; and
E. accept and approve all terms and conditions of the Contract.
17. The State may prospectively increase or decrease the amount payable under this Agreement
(including authorizing a specific funding amount for the next fiscal year within the term of this
agreement (through a CHANGE ORDER LETTER, approved by the State Controller or his
designee, to the form attached hereto as Exhibit A, subject to the following conditions:
67
a. The CHANGE ORDER LETTER ( "Letter ") shall include the following
1. Identification of contract by contract number and affected paragraph number(s);
2. Types of services or programs increased or decreased and the new level of each
service or program;
3. Amount of the increase or decrease in the level of funding for each service or
program and the total;
4. Intended effective date of the funding change;
5. A provision stating that the Change shall not be valid until approved by the State
Controller or such assistant as he may designate;
b. Upon proper execution and approval, such letter shall become an amendment to this
Agreement and, except for the General and Special Provisions of the Agreement, the
letter shall supersede the Agreement in the event of a conflict between the two. It is
understood and agreed that the letter may be used only for changes in funding and
corresponding adjustments to service levels and any budget line limits.
c. If the grantee /local agency agrees to and accepts the change, the grantee /local agency
shall execute and return the letter to the Department by the date indicated in the letter.
In the event the grantee /local agency does not accept the change, or fails to timely
return the executed letter, the Department may, upon notice to the Planning Agency,
terminate this Agreement effective at any time after twenty (20) days following the
return deadline specified in the letter. Such notice shall specify the effective date or
termination.
In the event of termination, the parties shall not be relieved of their obligations up to the
effective date of termination.
d. Changes in funding made through the letter process during the term of this contract may
be under the following circumstances:
1. If necessary to fully utilize Colorado State appropriations and /or non - appropriated
federal grant awards.
2. Adjustments to reflect current year expenditures.
3. Supplemental appropriations or non - appropriated federal funding changes
resulting in an increase or decrease in the amounts originally budgeted and
available for the purpose of this program.
4. Closure of programs and /or termination of related contracts.
5. Delay or difficulty in implementing new programs or services.
6. Other special circumstances as deemed appropriate by the State.
10.1
18. After coordinations, the parties may at any time make bilateral changes within the general
scope of the Work, using the simplified Work Change Order Letter process described in this
paragraph and the sample letter attached for any of the following reasons:
a. Where the agreed changes result in no adjustment to the [price] [ceiling cost], delivery
schedule, or other terms and conditions of the contract. The change letter will contain a
mutual release of claims for adjustment of price, cost, time for performance, or other
terms and conditions, whether based on costs of changed work or direct or indirect
impacts on unchanged work, as a result of the change; or
b. Where the changes to the contract are priced based on the prices /funding amounts in
the grants; or
c. Where the changes to the contract are priced based on established catalog prices
general extended to the public;
The written change letter will be substantially in the form at Exhibit B, must bear the
signature of the authorized agency official, the contractor, and - except where the parties
agree on the face of the change order that no price /cost, schedule, or other contract
adjustments are due the contractor - the State Controller or his designee. The letter shall
refer to the basic contract and include a detailed description of the changes to the contract,
the price or cost ceiling adjustment, the effective date, and (where applicable) the time
within which the changed work must be done.
19. The term of this agreement can be further extended at the sole option of the State for
continued performance for a period of one (1) year of any services within the limits and at the
rates specified in this agreement contract.
A. The State may exercise the Option by written notice to the contractor deposited in the
mail, using a form substantially equivalent to Exhibit C.
B. The State shall give the Contractor 15 days preliminary written notice of its intent to
execute the Option, by the preliminary notice itself does not commit the State to an
extension. If the State exercises this Option, the Contract shall be deemed modified
accordingly.
c. Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
7
IN WITNESS WHEREOF, the parties hereto have caused the foregoing Contract to be executed by
their duly authorized officers the day and year first above written.
ATTEST
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APPROVAL:
CLIFFORD W. HALL
State Controller
STATE OF COLORADO
ROY ROMER, GOVERNOR
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DEPARTMENT OF TRANSPORTATION
Division of Aeronautics
Division Director
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APPROVAL:
CLIFFORD W. HALL
State Controller
STATE OF COLORADO
ROY ROMER, GOVERNOR
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DEPARTMENT OF TRANSPORTATION
Division of Aeronautics
Division Director
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APPLICATION
COLORADO DEPARTMENT OF TRANSPORTATION
Aeronautics Division
COLORADO DISCRETIONARY AVIATION GRANT
PROGRAM
APPLICANT AGENCY City of Pueblo
(City, County, Authority, Other)
Pueblo Memorial Airport
PROJECT LOCATION 31201 Bryan Circle
Pueblo, CO 81001
MAILING ADDRESS 31201 Bryan Circle
Pueblo CO 81001
TELEPHONE NUMBER (719) 948 -3355 FAX NUMBER (719) 948 -4878
PROJE PERIOD: fr 1/1/ to 12/31/99
v- �r� rvrana cr - -
Signature - Projeci'Di Title Date
Return Original Application to:
COLORADO DEPARTMENT OF TRANSPORTATION
Aeronautics Division
56 INVERNESS DRIVE EAST Telephone: (303)792 -2160
ENGLEWOOD, CO 80112 -5114 Fax: (303)792 -2180
PROJECT SUMMARY:
Installation of a Precision Approach Path Indicator (PAPI) for Runway 26R.
GRANT PROPOSAL
Describe how Grant Funds are to be used.
The City of Pueblo, Pueblo Memorial Airport, is seeking Colorado Department of
Transportation Division of Aeronautics grant assistance for the installation of a Precision
Approach Path Indicator (PAPI) for it's main Runway 26R. The current VASI system is in
need of replacement due to it's age.
Even with the decrease in commercial service, Pueblo Memorial Airport recognized a 4%
increase in landings in 1997 compared to 1996.
Attach additional pages if necessary
PROBLEM STATEMENT
This section should provide enough information to adequately describe
the conditions requiring State financial assistance.
A PAPI unit has been planned for as an equipment upgrade for a number of years but
not implemented or identified as an AIP project. The overall condition of the Runway
26R VASI unit was evaluated during a recent taxiway project that required relocation
of the power supply and control unit. The evaluation indicated that deterioration due
to the age of the unit makes it a priority for replacement as components for repair are
increasingly expensive and difficult to acquire.
The continued life of the current VASI unit is questionable at best, even if repairs or
parts replacement is initiated. To maintain and improve the current level of Visual
Landing Aids, Pueblo Memorial Airport requests a State grant to accomplish this
project.
In FY1997, the Pueblo Memorial Airport enplanement activities decreased due to
leakage to Colorado Springs, inadequate air service, and loss of commercial air service.
Air service resumed in early 1998, however, it is not anticipated that Pueblo Memorial
Airport will reach the 10,000 enplanements required to be eligible for Federal Airport
Improvement Projects (AIP) funding.
Until such time as Pueblo Memorial Airport reaches the 10,000 threshold, funding will
have to come from State or local sources. The Taxpayers Bill of Rights (Amendment
1) severely restricts the City's ability to consistently make improvements at the Airport.
State help is essential to make this airport a safe haven for air travelers.
Attach additional pages if necessary
FINANCIAL INFORMATION FOR APPLICANT AGENCY
ASSESSED VALUATION
(city - county) $37.3,040,648:°?
MILL LEVY
total mills 17.10 * 1 $6,381,324
OVERLAPPING MILL LEVY* 91.548 *. 1 $48,633,048
SALES TAX RATE @ 3.5 %
ANNUAL REVENUE 1 $30,469"985 ..
LONG TERM DEBT $42,13002
ANNUAL BUDGET FOR APPLICANT AGENCY $37,123,079�--
ANNUAL BUDGET FOR APPLICANT
AIRPORT (if applicable) 1 $1 1 000,000 ...
*Sum of mill levies of overlapping jurisdictions
e.g., Sum of levies of municipality, school district, etc.
"Mills Mills per $1.00 Assessed Valuation
***Per $1,000 of Assessed Value
DOES YOUR AIRPORT HAVE HEIGHT LIMITATIONS X
IN PLACE TO COMPLY WITH FAR PART 77? YES NO
PART A
PROJECT FUNDING SUMMARY (from all sou rces: 1$80,000
GRANT FUNDS REQUESTED S52,000
OTHER FUNDS ISO
LOCAL $28,000
OTHER STATE $0
FEDERAL $0
PART B
BUDGET SUMMARY
TOTAL
Grant
Share
%
Other
Sources
%
CAPITAL EQUIPMENT
MAINTENANCE SERVICES
FACILITIES IMPROVEMENTS
$60,000
$48,000
80%
$12,000
20%
Project Total
$60,000
$48,000
80%
$12,000
20%
ENGINEERING SERVICES
$20,000
$ 4,000
20%
$16,000
80%
Composite Total
$$80,000
$52,000
65%
$28,000
35%
PART C
CAPITAL EQUIPMENT
Description
Number
of Units
Cost per
Unit
Total
Cost
Grant
Share %
Other
%
TOTAL MAINTENANCE SERVICES
TOTAL CAPITAL EXPENSE
•.:• ..... ....
...... .. ... . ::
.... ..
PART D
FACILITIES MAINTENANCE SERVICES
Description
Total
Cost
Grant
Costs
Grant
Share %
Other
%
TOTAL MAINTENANCE SERVICES
PART E
FACILITIES IMPROVEMENTS
Description
Estimated cost
Grant
Share
%
Other
Share
%
Install PAPI on Runway 26R
$60,000
$48,000
80%
$12,000
20%
TOTAL ENGINEERING SERVICES
$4,000
5%
TOTAL FACILITIES
IMPROVEMENTS
$60,000
$48,000
80%
$12,000
20%
PART F
ELIGIBLE ENGINEERING SERVICES (not to exceed 5% of total grant budget)
(if approved)
State Elig.
Eng. Serv.
Surcharge
to grant
Design for Installation of PAR on Runway 26R
$4,000
TOTAL ENGINEERING SERVICES
$4,000
5%
PART G
REPORT REQUIREMENTS
Formal contracts for each grant will have individual reporting requirements
(See Contract Attachment B)
PART H
PROJECT CONTACTS
Project Director
Name
Address
City
St
Zip
Lewis A. Quigley
1 1 City Hall Place
Pueblo
CO
81003
Telephone No. (719) 584 -0800
Fax No. (719) 584 -0850
Fiscal Records Res ponsibili
Name
Address
City
I St
Zip
Bill Martin
1 City Hall Place
Pueblo
CO
181003
Telephone No. (719) 584 -0845
Fax No. (719) 584 -0844
Project Payments Mailed to:
Name
Address
City
St
Zip
Don Sating
31201 Bryan Circle
Pueblo
CO
81001
Telephone No. (719) 948 -3355
Fax No. (719) 948 -4878
Project Correspondence to:
Name
Address
City
St
Zip
Don Saling
31201 Bryan Circle
Pueblo
CO
81001
Telephone No. (719) 948 -3355
Fax No. (719) 948 -4878
Colorado Department of Transportation
Division of Aeronautics
Contract Attachment B - SCOPE OF WORK
COLORADO
ACRONAUTICS OMSION
i
i
CITY OF PUEBLO
Activity #
Activity Description
Grant Objective: to install PAPI system
99- 24- 8/6(1)
Submit specification for installation of Precision Approach Path Indicator (PAPI) on
Runway 26R to CDOT- Aeronautics Division for review and approval.
99- 24- 8/6(2)
Advertise to obtain competitive bids following the standard procurement procedure of the
sponsoring agency. Submit any and all bids or sole source justification to CDOT-
Aeronautics Division for review and approval.
(State: $52,000.00 Local: $28,000.00)
99- 24- 8/6(3)
Notify CDOT- Aeronautics Division when instrumentation has received FAA certification.
99- 24- 8/6(4)
Certify satisfactory completion of grant objectives.
ATTACHMENT B
COLORADO DEPARMENT OF TRANSPORTATION
DIVISION OF AERONAUTICS
CONTRACT ATTACHMENT C - GRANT BUDGET
GRANT PROJECT NO. 99- 24 -8/6 CITY OF PUEBLO
GRANT FUNDS APPRO VED
SOURCE OF FUNDS
OBJECTIVE NO.
99- 24 -8/6
LOCAL
1 $28,000.00
STATE
$52,000.00
FEDERAL
TOTAL COSTS
$80,000.00
PROPOSED EXPENSES
CATEGORY
TOTAL
CONTRACTURAL SERVICES
OPERATING EXPENSES
CAPITAL EQUIPMENT
$80,000.00
FACILITIES IMPROVEMENTS
TOTAL
$80,000.00
ATTACHMENT C
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Division of Aeronautics
56 Inverness Drive East
Englewood, Colorado 80112 -5114
(303) 792 -2160 FAX (303) 792 -2180
COLORADO DIVISION OF AERONAUTICS
STATE OF COLORADO
AERONAUTICAL BOARD RESOLUTION 98 -4
OT
� I
DM TWNT TIT TRVOKATATM
A RESOLUTION AUTHORIZING THE UTILIZATION OF AVIATION FUND REVENUES TO
FUND DISCRETIONARY AVIATION GRANT AWARDS AND AUTHORING THE
DIRECTOR, DIVISION OF AERONAUTICS, TO ADMINISTER STATE AVIATION GRANTS
ON BEHALF OF THE COLORADO AERONAUTICAL BOARD IN THE EXECUTION OF
SAID AWARDS.
WHEREAS, the Colorado General Assembly acknowledged that there exists a need to
promote the safe operations and accessibility to aviation in the State, that
improvements to aviation transportation facilities will promote diversified economic
development across the State, and that accessibility to airport facilities to residents of
this State is crucial in the event of a medical or other type emergency (C.R.S. 43 -10-
110); and
WHEREAS, moneys credited to the Aviation Fund shall be those tax revenues collected
in accordance with C.R.S. 39 -26 -104, 39- 27- 112(2)(b) and C.R.S. 43 -10 -109 shall be
used exclusively for aviation purposes (C.R.S. 43 -10- 110(1); and
WHEREAS, distribution of tax revenues so collected shall be disbursed to public -
accessible airports in accordance with C.R.S. 43 -10- 110(2) and that moneys in the
Fund not transferred to governmental entities operating public - accessible airports as
provided in Subsection (2) and not appropriated for administrative expenses, shall be
used by the Colorado Aeronautical Board exclusively for aviation purposes, including
awarding of grants pursuant to the provision of Section C.R.S. 43 -10- 108.5; and
WHEREAS, the Division is charged with administering the State aviation system grant
program (C.R.S. 43- 10- 103(2)(g); and
WHEREAS, the Colorado Aeronautical Board has established procedures for the
administration and distribution of moneys credited to the Aviation Fund created in
C.R.S. 43 -10 -109, to support the development of aviation facilities at public -use
airports, commercial service airports and reliever airports; and
WHEREAS, the grant program shall be implemented and administer by the Division and
the Board (C.R.S. 43 -10- 108.5)(1)) and that entities operating a public - accessible
airport may apply to the Division for a state aviation system grant to be used for
aviation purposes (C.R.S. 43 -10- 108.5(2)); and
WHEREAS, applications have been received by the Division and sufficient moneys exist
in the Aviation Fund to administer a state aviation grant program.
NOW, THEREFORE, BE IT RESOLVED that the Colorado Aeronautical Board hereby
authorizes aviation system grant awards in the amount noted in Attachment A to
grantees in accordance with C.R.S. 43 -10- 108.5.
BE IT FURTHER RESOLVED that the Board authorizes the Director, Division of
Aeronautics , to administer said grants and to enter into contracts with the grantees
identified in Attachment A to specified awards in accordance with C.R.S. 43 -10-
108.5(3).
RESOLVED, PASSED AND ADOPTED this ninth day of October 9, 1998, in Aurora, CO.
George F. Efrewer, Chairman
Colorado Aeronautical Board
ATTEST:
Caro ine Scott, Grants Administrator
CDOT- Aeronautics Division
AVIATION GRANT AWARDS
1999 COLORADO
DISCRETIONARY
Attachment A
Amt. Award Local Share Federal /other
Total Description
Applicant
Airport
666,667.00 Local match for federal safety project
33 333.00
600,000.00
San Luis Valley Reg. Apt.
City of Alamosa
R ..
Reconstruct Taxiway
Archuleta County Apt. Auth.
Stevens Field Pagosa Spr9s
4,662,128.00 1)p avement maintenance; 2) local match for GA
Aspen- Pitkin County Airport
145,032.0
1,231,979.00
3.285,117.00
parking apron reconstruction
Pitkin County
Fog trans. ramp; slurry seal 10/28 and Tway "C
Arapahoe Cty. Apt. Auth.
Centennial Airport
119,395.00 Extend parallel Uway elec. Gate Su per Unicom
Harriet Alexander Fld.- Salida
95,516.00
23.879-00
Chaffee County
348,570.00 Widen existing runway to 60 ft
Custer County
Silver West Apt.- Westcliffe
.
50,0000
10,000.00
288.570 00
;:.
Gal underground fuel storage tank
55,000.00 Replace 10
Delta County
N. Fork Valley Apt. - Paonia
35,000.00
20,000.00
P p edge lighting system
Seal GA ram replace runway g 9 9 �
50,000.00
14,050.00
64,050.00
City of Durango /La Plata Cty.
Plata County Apt.
Local match for federal runway overlay
Local
Eagle County
Eagle County Regional Apt.
35,000.00
91,700.00 Ttway reflectors/Remark/match Master Plan update
19,700.00
5 400 00
66,600.00
Town of Erie
Tri- County Airport - Erie
39,800.00 Provide aviation education services statewide
31,000.00
8,800.00
Fantasy of Flight Foundation
udate ALP
60,000.00 PAPIs; lighted vnndcone; p
Fremont County
Fremont County Airport
30 000 00
30 000-00
al e g ramp 2)loca
707,500-00 1)fog se east parkin
64175 00
64175 00
579,150.00
Front Range Airp ort Auth.
Front Range Airport
_
975 000.00 Loccl match for federal rMray overlay
50,000-00
25 ,000-00
900
Cities of Ft. Collins - Loveland
Ft Collins/Loveland Mum
79 931.00 Super Unicomm; bury power Imes, beacon; striping
Ft Morgan Municipal Apt
59,931.00
20,000-00
City Ft. Morgan
s:.
3 44
3 830 002 00 Local match for federal runway project
'
Greeley -Weld Cty Apt Auth
Greeley-Weld Weld County Airport
Y
191,501 00
191 501 00
-
for security and Part 77 purposes
345 000 00 Acquire land
Gunnison County Airport
120 750 00
224 250.00
.
Gunnison County
i
"
1,800
1 860,000 00 Local match for federal runway project
Holyoke Municipal Airport
100 000
60,000.00
City of-H. olyoke
1)upd to r/way lighting; 2) re v /r locate
73,500-00 a moe e
Spanish Peaks Airfield -
56,900.
16,600-00
building from OFA; 3)purchase land per ALP;
ro
Huerfano County
lWalsenburg
100 nno 00 Roti Kaitate s �-1 snow _ —,-
^ 000.0^
cn ^n0.00
leffer ^ aunty • - • uth.
ffco F''
Arapahoe Cty. Apt. Auth. Centennial Airport
Chaffee County Harriet Alexander Fld.- Salida
County I Silver West Apt. - Westcliffe
County IN. Fork Valley Apt.- Paonia
of Durango /La Plata Cty. I Durango -La Plata County Apt.
- I Fog trans. ramp; slurry seal 10/28 and Tway "C"
95,516.00
23,879.00
_ .......
119,395.00
parallel ..__ _
Extend t/wa ; elec. Gate; Su P erUnicom
ara
_
50,000.00
...
10,000.00
288,570.00
348,570.00
Widen existing runway to 60 ft.
.. .....
35,(=.0
_ ...
20 000.00
.
55,000.00
......
Replace 10,000 Gal underground fuel storage tank
50,000.001 14,050.00 1 1 64,050.00 [Seal GA ramp; replace runway edge lighting system
Eagle County
Eagle County Regional Apt.
35,000.00
Local match for federal runway overlay
Town of Erie
Tri -County Airport - Erie
19,700.00
.... ::.
5,400.00
66,600.00
91,700.00
T/way reflectors/Remark/match Master Plan update
Fantasy of Flight Foundation
...
31,000.00
8,800.00
39 800.00
Provide aviation education services statewide
Fremont County
Fremont County Airport
30 ,000.00
30,000.00
60,000.00
PAPls; lighted windcone; update ALP
Front Range Airport Auth.
Front Range Airport
64,175.00
64,175.00
_
579,150.00
707 500.00
..... ...I— .
1)fog seal east parking ramp; 2)local match
. : :....
Cities of Ft. Collins - Loveland
:: .... ...
Ft. Collins/Loveland Muni.
50,000.00
-... . -..
25,000.00
900,000.00
_
975,000.00
.
Loacl match for federal r1way overlay
City of Ft. Morgan
_..
Ft. Morgan Municipal Apt.
...
59,931.00
20,000.00
79
Super Umcomm; bury powerlines; beacon; striping
Greeley -Weld Cty Apt Auth
... _
Greeley -Weld County Airport
.
..
. ::
191,501.00
_ ..::. .....:::
191,501.00
3,447,000.00
_. ..
3,830 002.00
_
Local match for federal runway project
Gunnison County
Gunnison County Airport
120,750.00
224,250.00
345 000.00
Acquire land for security and Part 77 purposes.
W �tY .. P Pose s.
City of Holyoke
... : ::
Holyoke Municipal Airport
....::: .... ........
100,000.00
60,000.00
1,800,000 00
1,960
_.
Local match for federal runway project
Huerfano County
Spanish Peaks Airfield -
.... ::< ... .
56,900.00
16,600.00
73,500.00
1)update r/way lighting; 2) remove /relocate
Walsenburg
building from OFA; 3)purchase land per ALP;
leffer- - )unty uth.
-ffco P' --'
^^ 000.0^
`^ ^)0.00
100 non 00
R °K = 1,0 itate s--l snow ^� ^w
RECEIVED A
RESOLUTION NO. 8484
RESOLUTION APPROVING A REQUEST AND APPLICATION BY THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, FOR GRANT ASSISTANCE FROM THE
COLORADO DIVISION OF AERONAUTICS IN THE FORM OF A STATE
AVIATION SYSTEM GRANT, DESIGNATING THE CITY MANAGER AS ITS
PROJECT DIRECTOR TO EXECUTE THE APPLICATION AND TO ACT ON
RELATED MATTERS
WHEREAS:
1. The General Assembly of the State of Colorado declared in Title 43 of the Colorado
Revised Statutes, Article 10, 1991 ( "the Act ") in C.R.S.43 -10 -101 "...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... .
2. The Act created the Colorado Aeronautical Board ( "the Board ") to establish policies and
plans for the growth and development of aviation in the state, and to establish
procedures for the administration and distribution of monies credited to the aviation
fund to be used solely for aviation purposes at public - accessible airports, including
procedures for the state aviation system grant program. SEE C.R.S.43 -10 -105 of the
Act.
3. The Act created the Division of Aeronautics ( "the Division ") to support the Board in
fulfilling its duties. The duties of the Division in supporting the Board include providing
administrative support to the Board in the distribution of. monies credited to the aviation
fund for aviation purposes, providing advisory assistance to airports providing access
to the public, including technical and planning assistance, and
implementing /administering the state aviation system grant program established solely
for aviation purposes. SEE C.R.S.43 -10 -103 and C.R.S.43 -10 -108.5 of the Act.
4. Any entity operating a public - accessible airport in the state may apply to the Division
for a state aviation system grant to be used solely for aviation purposes. SEE
C.R.S.43 -10- 102(3) and 43 -10- 108.5(2) of the Act.
5. The Applicant is a public - accessible airport or an entity operating such an airport in the
state and has filed an application with the Division and the Board for a state aviation
system grant to be used solely for aviation purposes.
6. The Division is authorized to assist only those public - accessible airports or entities
operating such airports that request assistance by means of a resolution passed by the
governing board of the airport or entity and forwarded to the Division. SEE C.R.S.43-
10- 103(5) of the Act.
-1-
7. The Applicant understands that if it is awarded a grant by the State, any disbursement
of grant funds to the Applicant shall be contingent upon the prior receipt by the State
of a resolution that has been adopted by the duly authorized governing body of the
Applicant and that expressly satisfies certain grant procedures and requirements, as
described below.
8. The Applicant desires to request such grant assistance by means of a resolution passed
by Applicant's duly authorized governing board, in order to comply with C.R.S.43 -10-
103(5) of the Act and to satisfy certain grant procedures and requirements. The
Applicant intends that the resolution:
a) designate the individual authorized by the Applicant to execute the application
on its behalf and to act in all related matters as the Applicant's Project Director
for the project proposed in the Application, as described in the Division's Grant
Program Project Management Manual ( "the Manual "); and
b) commit the Applicant to comply with all terms and conditions of the application
and all guidelines, policies, procedures, and requirements described in the
Manual if a grant for the project is awarded to the Applicant by the Board; and
c) obligate the Applicant to appropriate or otherwise make available in a timely
manner sufficient funds, if any, that are required from the Applicant for the
application project.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT:
SECTION 1
The City of Pueblo hereby formally requests assistance from the Colorado Aeronautical Board
and the Division of Aeronautics in the form of a state aviation system grant. Such grant shall
be used solely for aviation purposes, as determined by the state, and as generally described
in the Application.
SECTION 2
The City of Pueblo hereby designates Lewis A. Quigley, City Manager, 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 behalf of the City.
SECTION 3
The City of Pueblo 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. Local matching funds will be taken from the Land Sales
account contingent upon approval of the grant.
-2-
SECTION 4
The City of Pueblo hereby commits to comply with all terms and conditions of the Application
and all guidelines, procedures, standards, and requirements described in the Manual as
applicable to the performance of the grant work if a grant for the project is awarded the City
of Pueblo by the Board.
INTRODUCED August 10, 1998
BY: Al Gurule
Councilperson
APPROVED:
Preside of the City Council
ATTEST:
City Clerk
-3-
Form 6 -AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall ant be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may
d4sigisift. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAIL ABU TTY
2. Faancial obligations of the State payable alter the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and
Ot made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than filly thousand dollars for the construction. erection. repair. ma or improvement of any
building, toad: bridge, viaduct, urine!. excavation or other public wocks for this State, the contractor shall, before catering the performance of any such work
included in this contract, duly execute and deliver to and file with the official whose stgnaturc appears below for the State . a good and sufficieat bond or other
acceptable surety to be approved by said official in a penal sum not leas than one -half of the total amount payable by the terms of this contract. Such bond
shall be duly executed by a quaGfiea corporate surety, conditioned for the due and faithful performance for the contract. and in addition, @hall provide that if
the contractor or his subcontractors fail to duly pay for any labor, materials, team hire. sustenance. provisions, provendor or other supplies used or consumed
by such contractor or his subcontractor in performance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum
specified in the bond..togther with interest at the rate of eight per cent per annum. Uolcu such bond, when so required, is executed, delivered and filed, no
claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to
the Treasurer of the State of Colorado may be accepted in lieu of a bond. Thu provision is in compliance with 39- 26-106 C.R.S.. as amended.
INDEMNIFICATION
4. To -the extent authorized by law, the contractor @hall indcamify, save and hold hartaku the Stare, its employees " agents, against any and all
tiitau, damages, liability and court awards including costa, expenses, and attorney foes incurred as a result of any act or omission by the contractor, or its
employees. agent:, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. _Theeontraetor agues to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
rapocting d'uctimioation and unfair employment practices (24- 34402. C.R.S. 1992 Replacement Vol.). and as required by Executive order. Equal Oppocumity
l
and Affirmative :Action. date April 16. 1975. Awsuant drereto, flu foUowvrg prvWxionr shall be contained in aU Sane contracts or atbtronahtcu.
During the petfotmance of this contract, the contactor agrees as follows:
(1)'• The contractor will not disc riminate against any employee or applicant for employment because of ace, creed, color, national origin, .cx, marital
status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to instim that applicants ate employed. and the
employees arc treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the
following: employment, upgadi rag, demotion, or transfer, recruitment or recruitment advertising. lay -offs or terminations; aw of pay or other forms of
compensation; and selectioa for training, including apprenticeship. The contactor agrees to post is conspicuous places, available to employees and applicants
for employment, notices to be provided by the contacting officer setting for provision of this non- disctiminatioa clause.
(2) The contractor will, in all solicitations or advetti emcats for employees placed by or on behalf of the contractor. state that all qualified applicants
will receive consideration for employmcat without regard to race, creed, color, national origin. sex, marital status, religion, ancestry. mental or physical
handicap. or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order. Equal Oppommity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor will send to each labor unions will furnish all information and reports required by Executive Order, Equal Opporurmty and
Affirmative Action of April 16, 1975, and by the rules, rtgulatiom and Orders of the Governor, or pursuant thereto, and will permit access to his books.
records, and accounts by the contracting agency and the ofGce of the Governor or his designee for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
(5) A Labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of wort opporwnity, because of race,
creed, color, sex national origin, or ancestry_
(6) A Labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract
to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder, or attempt either
directly or indirectly, to commit any act defined in this contract to be discriminatory.
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated or suspended:m whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affrrtnative Action of April 16, 1975 and the rules, regulations, or orders
promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may he invoked as provided in Executive Order, Equal
Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by
law.
(8) The contractor will include the provisions of paragraph (1) through (8) in every subcontract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provision of 8 -17 -101 do 102, C.R.S. for preference of Colorado labor are applicable to this contract if public worts within the State are undertaken
hereunder and are financed in whole or in pan by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non- resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary
to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8- 19 -1 -1 and 102, C.R.S.).
GENERAL
7. The laws of the State of Colorado sod rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement
of this contract. Any provision of this contract whether or not incorporated heroin by reference which provided for arbitration by any extra judicial body or
person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing cortimed in any provision
incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall 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 will not
invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations
that have been or may hereafter be established.
9. The signatories hereto aver that they arc familiar with 18-8 -301, et. seq.,(liribery and Corrupt Influences) and 18- 8-401, et. seq., (Abuse of Public
Office), C.R.S. 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described
herein.
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Division of Aeronautics
5200 Front Range Parkway
Watkins, CO 80137
(303) 261 -4418 FAX (303) 261 -9608
CONTRACT OPTION LETTER
Date: May 24, 2000
TO: City of Pueblo
31201 Bryan Circle
Pueblo, CO 81001
SUBJ: Option to Extend Duration of Grant Contract
In accordance with Paragraph 9 of contract routing number SC- HAV -99 -00031 between the State
of Colorado Department of Transportation, Division of Aeronautics and the
CITY OF PUEBLO
covering the period of January 21, 1999 through June 30, 2000, the State hereby exercises the
option for an additional one year's performance period at the total grant amount specified in
Attachment C.
State of Colorado:
Bill Owens, Governor
�t'"tdJ'f4 on
Colorado Department of Transportation
Aeronautics Division
Division Director
For the City of Pueblo
Grantee
APPROVAL:
For the State Controller
ARTHUR L. BARNHART
By: