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8870
RESOLUTION NO. 8870 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: 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. 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 Council of Pueblo, a Municipal Corporation, as the duly authorized governing body 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 to 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 34 half cents sales tax 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 December 13, 1999 ATTEST: By Al Gurule Councilperson APPROVED: /0'., h U - �'fk t wi, C - , - City Clerk President of the City Council Colorado Department of Transportation COLORADO AERONAUTICAL BOARD AERONAUTICS DIVISION COLORADO DISCRETIONARY AVIATION GRANT PROGRAM Contract of Award 2000 CONTRACT This Contract, made this day of ThA.,wi 2000, 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 "), 5200 Front Range Parkway, Watkins, Colorado 80137, herein referred to as "the State ", and City of Pueblo — Pueblo Memorial Airport 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 0096 038 5000 0304 5110 1 N , Appropriation Code 038, Grant Budget Line No 4270 FEIN 846000615 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- 108.5; 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 November 1999 ( "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. 29 -1 -203, and 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 individual signing the Contract for the Grantee warrants that it has the authority to sign his Contract on behalf of the grantee, and that it has taken all necessary steps to ensure that it has been delegated authority to do so 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 November 1999, 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, 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 November 1999, 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 $70,000.00. 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: $56,000.00 B. Grantee Local Match Amount: $14,000.00 C. Maximum Other Amount(s) $ Total Grant Budget $ 70,000.00 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 2 work shall not exceed the maximum amount described above, without the benefit of a written Supplemental Contract or a written Change Order Letter (as described in paragraph #17 below) 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 Letter 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 State's share of the eligible costs of the work as defined in the contract Scope -of -Work actually incurred by the Grantee in the satisfactory performance and completion of the work only in accordance with the terms of this contract and with the reimbursement method(s), provisions, and procedures described in Section II (9) and (11) of the Project Manual, Revised November 1999. 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, 2001 unless otherwise terminated as provided herein. The State may extend the effective dates for performance of the contract by issuance of an Option Letter, as described in paragraph #19 below, 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 November 1999. The Grantee shall not assign the Contract without the prior written approval of the State. Any assignment without such approval shall be void. 9 11. 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 a 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 0 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 servable, 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 3 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 5 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: 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. R 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 contract 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 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 r' • 1 E 1 r� By Title u City Clerk APPROVAL ARTHUR L. BARNHART State Controller By m STATE OF COLORADO BILL OWENS, GOVERNOR _/ � 6' 6 ' lJ J L DEPARTMENT OF TRANSPORTATION Division of Aeronautics Division Director RANTEE B I President of the Council EXHIBIT A - SAMPLE GRANT /SUBGRANT CHANGE ORDER LETTER Date: State Fiscal Year Change Order Letter No. In accordance with Paragraph 17 of contract routing number between the State of Colorado Department of Transportation Division of Aeronautics, and Contractor covering the period of through the undersigned agree that the maximum amount payable by the State for eligible services in Attachment B is (increased /decreased) by $ (amount of change to a new total of $ ( ►. The description of services in Attachment B is hereby modified accordingly. The services affected by this (increase /decrease) are modified as follows: The Budget is revised accordingly, as set forth in the Revised Budget, Attachment C- Amended, attached and incorporated herein by reference. This amendment to the contract is intended to be effective as of , but in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistance as he may designate. Please sign, date, and return all copies of this letter on or before , 20 _ Contractor Name: By: Name: Title: APPROVALS: For ARTHUR BARNHART State Controller M 9 State of Colorado: Bill Owens, Governor Colorado Department of Transportation Division of Aeronautics Division Director By: EXHIBIT B - SAMPLE BILATERAL CHANGE ORDER LETTER Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph 18 of contract routing number between the State of Colorado Department of Transportation, Division of Aeronautics, and contractor covering the period of , 19 — through , 20 _, the undersigned agree that the services/ supplies affected by this change letter are modified as follows: Services/ Supplies Attachment B - Scope of Work is amended by adding The maximum amount payable by the State for (services) (supplies) in Attachment B is (increased/ decreased) by ($ amount of change) to a new total of ($ ), based on the unit pricing schedule in Attachment C. The budget in Attachment C is hereby modified accordingly: [ON The parties agree that the changes made herein are "no cost" changes and shall not be the basis for claims for adjustment to [price] [cost ceiling], delivery schedule, or other terms or conditions of the contract. The parties waive and release each other from any claims or demands for adjustment to the contract, including but not limited to price, cost, and schedule, whether based on costs of changed work or direct or indirect impacts on unchanged work. Controller approval of this "no cost" change is not required. Contractor initials Agency initials This change to the contract is intended to be effective as of I but, except with respect to "no cost" changes identified above, in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate Please sign, date and return all copies of this letter on or before , 20 Contractor Name: By: Name: Title: APPROVAL: State of Colorado: Bill Owens, Governor By: Colorado Department of Transportation Aeronautics Division Division Director 10 For ARTHUR BARNHART State Controller By: EXHIBIT C - SAMPLE OPTION FORM LETTER Date: TO: (Contractor) (Address) SUBJ: Option Exercise Letter In accordance with Paragraph 9 of contract routing number between the State of Colorado Department of Transportation, Division of Aeronautics and Contractor covering the period of , 20 _, through , 20 _, the State hereby exercise the option for an additional one year's performance period at the (cost) (price) specified in Attachment C. The maximum amount payable by the State in Attachment C, is (increased/ decreased by ($ amount of change to a new total of ($ ). Attachment C is hereby modified accordingly and made part of this letter as Attachment C- Amended. State of Colorado: Roy Romer, Governor Colorado Department of Transportation Aeronautics Division Division Director APPROVAL: For the State Controller ARTHUR BARNHART By: 11 APPLICANT NOTICE AND COMMITMENT The purpose of the Colorado Discretionary Aviation Grant program is to support and improve the state aviation system by providing grants, to be used solely for aviation purposes, to entities operating airports that are accessible to and open to the public. That purpose is not served if an airport receives a grant, but then ceases operation or otherwise closes to the public before the expiration of the useful life of any improvements made, or facilities /equipment purchased with the grant. In that event, the grant is not being used for aviation purposes, at an airport that is open to the public, as required by law. Therefore, this is to NOTIFY each airport- operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements /equipment; or b) to reimburse the Division for any unexpired useful life of the improvements /equipment, on a pro -rata basis. By signing this application , the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Contract of Award. By signing this application, the applicant also affirms that it will endeavor to promulgate the enactment of local ordinances, regulations and restrictions to provide land -use protection of its airport as a designated area of state interest, as provided in C.R.S. 24- 65.1- 202(4) and (4)(a) and 24- 65.1- 204(3). � � I V" 04.'t�� Signature 12 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 Project Period from: 3/1/00 to: 12/31/00 o�sR - Project Director,!) / Title Date Return Original Application to: COLORADO DEPARTMENT OF TRANSPORTATION Aeronautics Division 5200 Front Range Parkway Telephone: 303 -261 -4418 Watkins, CO 80137 Fax: 303 -261 -9608 % Project Summary: The proiect involves the maintenance of taxiway pavements with seal coat and crack- �k� ���.Metit � 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 continuation of our pavement maintenance program which involves seal coating several taxiways and the purchase of crackseal material. Approximately 76,000 square yards of pavement is due to be cracksealed and seal coated. This pavement is located on Taxiways A thru H. A contractor will need to be hired to apply the seal coat material. The Airport employees will continue to apply the crackseal material. Attach additional pages if necessary Problem Statement This section should provide enough information to adequately describe the conditions req uiring State financial assistance. Taxiway A was rehabilitated in 1995 and is currently at the age where cracksealing and seal coat are necessary to extend it's life. Taxiway B was cracksealed and seal coated in 1994 and Taxiways C thru H were done in 1993. These taxiways are all due to be cracksealed and seal coated again in order to extend the life of the pavement. Attach additional pages if necessary Financial Information for Applicant Agency Assessed Valuation (city - county) 1 $461,124,800 Mill Levy total mills 15.633 $7,190,580 Overlapping Mill Levy* 83.152 1 $53,890,216 Sales Tax Rate @ 3.5 % :. Annual Revenue $30;.78:1;'!05 Long Term Debt $34,525;732': Annual Budget for Applicant Agency $54 2Q8 825 Annual Budget for Applicant Airport (if applicable) 1,070,371.1 *Sum of mill levies of overlapping jurisdictions e.g., Sum of levies of municipality, school district, etc. Does your agency have a 6 -Year State Capital Improvement Program (CIP) on file with CDOT - Aeronautics Division? Does your airport have height limitations in place to comply with FAR Part 77? in X, YES NO PART A Project Funding Summary (from all sources) 1$70,000 Grant Funds Requested 1$56,000 Other Funds 1$14,000 Local $14,000 Other State $ Federal $ PART B Budget Summary TOTAL Grant Share % Other Sources % Capital Equipment Maintenance Services $70,000 $56,000 80% $14,000 20% Facilities Improvements Project Total $70,000 $56,000 80% $14,000 20% PART C Capital Equipment Description Number of Units Cost per U it Total Cost Grant Share % Other % $60,000 $48,000 80% 20% Crackseal $10,000 $ 8,000 80% 20% Total Maintenance Services $70,000 $56,000 80% 20% Total Capital Expense PART D Facilities Maintenance Services Description Total Cost Grant Costs Grant Share % Other % Seal Coat $60,000 $48,000 80% 20% Crackseal $10,000 $ 8,000 80% 20% Total Maintenance Services $70,000 $56,000 80% 20% PART E Facilities Improvements Description Estimated cost Grant Share % Other Share % Total Facilities Improvements PART F Eligible Engineering Services (not to exceed 5% of total grant budget) (if approved) State Elig. Surcharge Eng. Serv. to grant Total Engineering Services 5% i 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 City Hall Place Pueblo CO 81003 Telephone No. (719) 584 -0800 Fax No. (719) 584 -0850 Fiscal Records Responsibility Name Address City St Zip Bill Martin 1 City Hall Place Pueblo CO 81003 Telephone No. (719) 584 -0845 Fax No. (719) 584 -0844 Project Payments Mailed to: Name Address City St Zip Don Saling 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 Flcti�.e,vt B l is Colorado Department of Transportation Division of Aeronautics Contract Attachment B - SCOPE OF WORK AERONAUTICS DIVISION Cy A CITY OF PUEBLO CDAG No. 00 -28 -9n Activity Description GRANT OBJECTIVE: to crack fill, seal coat or slurry seal Taxiways A through H as appropriate. MAINTENANCE SERVICES 00- 28- 9/7(1)(a) Submit specifications for crack fill, seal coat or slurry seal to Taxiways A through H to CDOT- Aeronautics Division for review and approval. 00- 28- 9/7(1)(b) Obtain competitive bids following the standard procurement procedure of the sponsoring agency. Submit results of competitive bidding process or sole source justification to CDOT- Aeronautics Division for approval. (State: S56,000.00 Local: $14,000.00) 00 -28- 9/7(2) Certify satisfactory completion of grant objective. ATTACHMENT B q -� 1 Flc�&Me �S COLORADO DEPARRIENT OF TRANSPORTATION DIVISION OF AERONAUTICS CONTRACT ATTACHMENT C - APPROVED GRANT BUDGET GRANT PROJECT NO. 00- 28 -9/7 GRANTEE CITY OF PUEBLO GRANT FUNDS APPROVED SOURCE OF FUNDS OBJECTIVE NO. 00- 28 -9/7 STATE $56,000.00 % 80 LOCAL $14,000.00 % 20 FEDERAL % TOTAL COSTS $70,000.00 APPROVED EXPENSES CATEGORY TOTAL FACILITIES IMPRPOVEMENTS MAINTENANCE SERVICES $70,000.00 CAPITAL EQUIPMENT ENGINEERING SERVICES COSTS TOTAL $ 70,000.00 ATTACHMENT C R �� Flcl,.�.en/t ��j is STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Aeronautics a 0 ♦5200 Front Range Parkway Watkins, 00 80137 (303) 261 -4418 FAX (303) 261 -9608 DETwerl@!r av rw.w�otrwnav COLORADO DIVISION OF AERONAUTICS STATE OF COLORADO AERONAUTICAL BOARD RESOLUTION 99 -3 A RESOLUTION AUTHORIZING THE UTILIZATION OF AVIATION FUND REVENUES TO FUND DISCRETIONARY AVIATION GRANT AWARDS AND AUTHORIZING THE DIRECTOR, DIVISION OF AERONAUTICS, TO ADMINISTER STATEWIDE AVIATION GRANTS ON BEHALF OF THE AERONAUTICAL BOARD IN THE EXECUTION OF SAID AWARDS. WHEREAS, the Colorado General Assembly acknowledged that there exists a need to promote the safe operation and accessibility of general aviation in this State, that improvements of general 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 and shall be used exclusively for aviation purposes (C.R.S. 43-10-1100); 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 purposes, including awarding of grants pursuant to the State aviation system program established by the General Assembly pursuant to the provision of Section C.R.S. 43 -10- 108.5; and 11 WHEREAS, the Division is charged with administering the State aviation system grant program (C.R.S. 43-10-103(2)(g); 'and WHEREAS, the 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 airports, commercial service airports and reliever airports; and WHEREAS, the grant program shall be implemented and administered by the Division and the Board (C.R.S. 43 -10- 108.50)) and that operating a public - accessible airport may apply to the Division for a state aviation system grant to be used solely for aviation purposes (C.R.S. 43 -10- 108.5(2)); WHEREAS, applications shall 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 on 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 pursuant to specified awards in accordance with C.R.S. 43 -10- 108.5(3). RESOLVED, PASSED AND ADOPTED this 7th day or October, 1999 at Pueblo, CO. A Gk J mes Fritze, Chairman olorado Aeronautical Bold ARREST: A. 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