HomeMy WebLinkAbout10242ORDINANCE NO. 10242
AN ORDINANCE APPROVING AND ACCEPTING AIRPORT
IMPROVEMENT PROGRAM (AIP) GRANT AGREEMENT NO. 3-
08-0046-047-2022 FROM THE UNITED STATES OF AMERICA
ACTING THROUGH THE FEDERAL AVIATION
ADMINISTRATION FOR FUNDS IN THE AMOUNT OF $292,877
FOR COSTS RELATED TO THE REHABILITATION OF RUNWAY
8R/26L (PHASE 1 - DESIGN) AT THE PUEBLO MEMORIAL
AIRPORT, ESTABLISHING PROJECT NO. AP2205 - REHAB OF
RUNWAY 8R-26L DESIGN AND CONSTRUCTION, BUDGETING
AND APPROPRIATING $300,585 TO SAID PROJECT,
APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND DIBBLE AND
ASSOCIATES CONSULTING ENGINEERS, INC., FOR THE
ENGINEERING DESIGN FOR SAID PROJECT, AND
AUTHORIZING THE AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS, the City of Pueblo has received a Grant Agreement from the Federal Aviation
Administration (FAA) to for costs related to Rehabilitation of Runway 8R-26L (Phase 1 - Design);
and,
WHEREAS, the funds from this grant need to be budgeted and appropriated into Rehab
Runway 8R-26L Design & Construction Project No. AP2205, where said project needs to be
created; and,
WHEREAS, Dibble & Associates as the Airport’s contracted engineering consulting firm
provided a proposal for design services for this project; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Federal Aviation Administration Grant Agreement No. 3-08-046-047-2022 (“Grant
Agreement”), a copy of which is attached hereto and made a part hereof by reference, by and
between the City of Pueblo, a Municipal Corporation, and the United States of America through
the Federal Aviation Administration (“FAA”), making available $292,877.00 in federal funds for
costs related to Rehabilitation of Runway 8R-26L (Phase 1 - Design), after having been approved
as to form by the City Attorney, is here by accepted and approved
SECTION 2.
The Mayor is hereby authorized to execute the Grant Agreement in the name and on
behalf of the City of Pueblo, where the Mayor may execute the Grant Agreement by electronic
signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo.
SECTION 3.
Project No. AP2205 – Rehab of Runway 8R-26L Design and Construction is hereby
established.
SECTION 4.
Funds in the amount of $292,877.00 shall be accepted pursuant to the Grant Agreement
and budgeted and appropriated to Project No. AP2205 - Rehab Runway 8R-26L Design and
Construction.
SECTION 5.
Matching funds in the amount of $7,708.00 shall be transferred from the Airport
Improvement Trust Fund to Project No. AP2205 - Rehab Runway 8R-26L Design and
Construction.
SECTION 6.
Pursuant to the Grant Agreement, the FAA may make unilateral amendments to the grant
terms and its obligation thereunder, including the increasing or decreasing of its grant obligation.
In accordance therewith, such amendments shall be effective without the need for an additional
ordinance or other action by City Council. Should the FAA increase the maximum grant obligation,
said funds shall be automatically budgeted and appropriated to Project No. AP2205 - Rehab
Runway 8R-26L Design and Construction without the need for further action.
SECTION 7.
The Agreement for Professional Engineering Services (“Professional Services
Agreement”), a copy of which is attached hereto and made part hereof by reference, by and
between the City of Pueblo, a Municipal Corporation, and Dibble and Associates Consulting
Engineers, Inc., an Arizona Corporation, to provide engineering design services for the
Rehabilitation of Runway 8R-26L (Phase 1 - Design) at Pueblo Memorial Airport, after having
been approved as to form by the City Attorney, is hereby approved.
SECTION 8.
The Mayor is hereby authorized to execute the Professional Services Agreement in the
name and on behalf of the City of Pueblo, where the Mayor may execute the Professional Services
Agreement by electronic signature and such electronic signature shall be attributable to the Mayor
and the City of Pueblo.
SECTION 9.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance to implement the policies and procedures described herein.
SECTION 10.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 25, 2022 .
Final adoption of Ordinance by City Council on August 8, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on August 9, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 25, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING AIRPORT IMPROVEMENT
PROGRAM (AIP) GRANT AGREEMENT NO. 3-08-0046-047-2022 FROM THE
UNITED STATES OF AMERICA ACTING THROUGH THE FEDERAL AVIATION
ADMINISTRATION FOR FUNDS IN THE AMOUNT OF $292,877 FOR COSTS
RELATED TO THE REHABILITATION OF RUNWAY 8R/26L (PHASE 1 -
DESIGN) AT THE PUEBLO MEMORIAL AIRPORT, ESTABLISHING PROJECT
NO. AP2205 - REHAB OF RUNWAY 8R-26L DESIGN AND CONSTRUCTION,
BUDGETING AND APPROPRIATING $300,585 TO SAID PROJECT,
APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND DIBBLE AND ASSOCIATES CONSULTING
ENGINEERS, INC., FOR THE ENGINEERING DESIGN FOR SAID PROJECT,
AND AUTHORIZING THE AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance will approve and accept an Airport Improvement Program (AIP) grant agreement
from the United States of America acting through the Federal Aviation Administration (FAA) to
provide funding for costs related to the rehabilitation of Runway 8R-26L (Phase 1-Design),
establish Project No. AP2205 - Rehab of Runway 8R-26L Design and Construction, and approve
an engineering design agreement.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The Colorado Department of Transportation (CDOT) conducted a pavement condition
assessment of this Runway, and it was determined that the pavement needs rehabilitation. This
project is on the Capital Improvement Plan schedule for 2022, approved by both the FAA and
CDOT for Entitlement Fund use.
FINANCIAL IMPLICATIONS:
The total design project cost is $308,292.00. The FAA AIP Grant is for $292,877.00 (95%). The
CDOT approved grant amount is $7,707.00 (2.5%), which will be accepted, budgeted, and
appropriated in a later ordinance. The City’s match is $7,708.00 (2.5%). Matching funds will be
transferred from the Airport Improvement Trust Fund.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not Applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the grant will not be accepted from the federal government and
the project will not occur.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
FAA AIP Grant Agreement
Dibble & Assoc. Engineering Design Agreement
Grant Certification Memo
3-08-0046-047-2022
0
U.S.Department
of Transportation
Federal Aviation
Administration
FAA Airport Improvement Program (AIP)
GRANT AGREEMENT
Part I -Offer
Federal Award Offer Date July 8,2022
Airport/Planning Area Pueblo Memorial Airport
FY2022 AIP Grant Number 3-08-0046-047-2022 [Contract No. DOT-FA22NM-1059]
Unique Entity Identifier NJK3BNUDRHJ7
TO: City of Pueblo, Colorado
(herein called the"Sponsor")(For Co-Sponsors,list all Co-Sponsor names.The word"Sponsor"in this Grant Agreement also
applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated March 3, 2022, for a grant
of Federal funds for a project at or associated with the Pueblo Memorial Airport, which is included as
part of this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Pueblo Memorial Airport(herein called the"Project")
consisting of the following:
Rehabilitate Runway 8R/261(Phase 1-design)
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code
(U.S.C.), Chapters 471 and 475;49 U.S.C. §§40101 et seq., and 48103; FAA Reauthorization Act of 2018
(Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021(Public Law
116-260, Division L);the Consolidated Appropriations Act, 2022 (Public Law 117-103); and the
representations contained in the Project Application; and in consideration of: (a)the Sponsor's adoption
and ratification of the Grant Assurances attached hereto; (b)the Sponsor's acceptance of this Offer;and
(c)the benefits to accrue to the United States and the public from the accomplishment of the Project
and compliance with the Grant Assurance and conditions as herein provided;
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THE FEDERAL AVIATION ADMINISTRATION,FOR AND ON BEHALF OF THE UNITED STATES,HEREBY
OFFERS AND AGREES to pay,95.00 percent of the allowable costs incurred accomplishing the Project
as the United States share of the Project.
Assistance Listings Number(Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$292,877.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment,which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$0.00 for planning;
$292,877 airport development or noise program implementation; and,
$0.00 for land acquisition.
2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed
by the last Sponsor signatory to the Agreement.The end date of the Period of Performance
is 4 years (1,460 calendar days) from the date of acceptance.The Period of Performance
end date shall not affect, relieve, or reduce Sponsor obligations and assurances that
extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date,which may include one or more funded portions or budget periods.
(2 Code of Federal Regulations(CFR) § 200.1).
b. Budget Period:
1. For this Grant is 4 years(1,460 calendar days)and follows the same start and end date as
the period of performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR§ 200.403(h),
the Sponsor may charge to the Grant only allowable costs incurred during the Budget
Period.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to 2 CFR
§ 200.308.
c. Close Out and Termination
1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off)all obligations incurred under this award no later
than 120 calendar days after the end date of the period of performance. If the Sponsor
does not submit all required closeout documentation within this time period,the FAA will
proceed to close out the grant within one year of the period of performance end date with
the information available at the end of 120 days. (2 CFR§ 200.344).
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2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions
set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as
applicable.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA
has determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the project application as accepted by the FAA,to allowable costs for
Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs
will be made in accordance with 49 U.S.C. §47109,the regulations, policies, and procedures of the
Secretary of Transportation ("Secretary"),and any superseding legislation. Final determination of
the United States' share will be based upon the final audit of the total amount of allowable project
costs and settlement will be made for any upward or downward adjustments to the Federal share
of costs.
6. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must
carry out and complete the project without undue delays and in accordance with this Agreement,
49 U.S.C.Chapters 471 and 475, and the regulations, and the Secretary's policies and procedures.
Per 2 CFR§200.308,the Sponsor agrees to report and request prior FAA approval for any
disengagement from performing the project that exceeds three months or a 25 percent reduction in
time devoted to the project.The report must include a reason for the project stoppage.The
Sponsor also agrees to comply with the grant assurances,which are part of this Agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any
part of the costs of the project unless this offer has been accepted by the Sponsor on or before
August 30,2022, or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to
recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes, or
misused in any other manner for any project upon which Federal funds have been expended. For
the purposes of this Grant Agreement,the term "Federal funds" means funds however used or
dispersed by the Sponsor,that were originally paid pursuant to this or any other Federal grant
agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the
amount of the Federal share of such funds.The Sponsor must return the recovered Federal share,
including funds recovered by settlement,order,or judgment,to the Secretary.The Sponsor must
furnish to the Secretary, upon request, all documents and records pertaining to the determination
of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds.All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for
damage to property or injury to persons which may arise from,or be incident to, compliance with
this Grant Agreement.
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11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI).
a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR § 25.110,the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment,whichever is later.This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
required by changes in information or another award term. Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/content/entity-registration.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each
payment request under this Agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor
by$25,000 or five percent(5%),whichever is greater,the FAA can issue a letter amendment to the
Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an
overrun in the total actual eligible and allowable project costs to cover the amount of the overrun
provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to
increase the maximum obligation does not apply to the "planning" component of Condition No. 1,
Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA
may suspend, cancel, or terminate this Grant Agreement.
15. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C.
§50101,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel
or manufactured products produced outside the United States to be used for any project for which
funds are provided under this grant.The Sponsor will include a provision implementing Buy
American in every contract and subcontract awarded under this Grant.
17. Build America, Buy America.The sponsor must comply with the requirements under the Build
America, Buy America Act(Public Law 117-58).
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18. Maximum Obligation Increase. In accordance with 49 U.S.C. §47108(b)(3), as amended,the
maximum obligation of the United States,as stated in Condition No. 1, Maximum Obligation, of this
Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are
available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
If the sponsor requests an increase,any eligible increase in funding will be subject to the United
States Government share as provided in 49 U.S.C. §47110, or other superseding legislation if
applicable,for the fiscal year appropriation with which the increase is funded.The FAA is not
responsible for the same Federal share provided herein for any amount increased over the initial
grant amount.The FAA may adjust the Federal share as applicable through an informal letter of
amendment.
19. Audits for Sponsors.
PUBLIC SPONSORS.The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA,the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than$750,000 in Federal awards and
are exempt from Federal audit requirements must make records available for review or audit by the
appropriate Federal agency officials,State, and Government Accountability Office.The FAA and
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
20. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR
§ 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management(SAM)to determine if the non-Federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting they are not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm are not
excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier
transactions(e.g.,sub-contracts).
c. Immediately disclose in writing to the FAA whenever(1)the Sponsor learns they have entered
into a covered transaction with an ineligible entity or(2)the Public Sponsor suspends or debars
a contractor, person,or entity.
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21. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving,
December 30, 2009,the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of,the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education,awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts,and subcontracts funded with this Grant.
22. Trafficking in Persons.
a. You as the recipient,your employees, subrecipients under this Grant, and subrecipients'
employees may not:
1. Engage in severe forms of trafficking in persons during the period of time that the Grant
and applicable conditions are in effect;
2. Procure a commercial sex act during the period of time that the Grant and applicable
conditions are in effect;or
3. Use forced labor in the performance of the Grant or any subgrants under this Grant.
b. We as the Federal awarding agency, may unilaterally terminate this Grant,without penalty, if
you or a subrecipient that is a private entity:
1. Is determined to have violated a prohibition in paragraph (a) of this condition;or
2. Has an employee who is determined by the agency official authorized to terminate the
Grant to have violated a prohibition in paragraph (a)of this Condition through conduct
that is either—
a. Associated with performance under this Grant;or
b. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180,OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement), as implemented by our agency at 2 CFR Part 1200.
c. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph (a) of this Condition.
d. Our right to terminate unilaterally that is described in paragraph (a)of this Condition:
i. Implements section 106(g)of the Trafficking Victims Protection Act of 2000 (TVPA),as
amended (22 U.S.C. § 7104(g)), and
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ii. Is in addition to all other remedies for noncompliance that are available to us under
this Grant Agreement.
23. AIP Funded Work Included in a PFC Application.Within 90 days of acceptance of this Grant
Agreement,the Sponsor must submit to the FAA an amendment to any approved Passenger Facility
Charge (PFC) application that contains an approved PFC project also covered under this Grant
Agreement as described in the project application.The airport sponsor may not make any
expenditure under this Grant Agreement until project work addressed under this Grant Agreement
is removed from an approved PFC application by amendment.
24. Exhibit"A" Property Map.The Exhibit"A" Property Map dated February 10, 2022, is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
25. Employee Protection from Reprisal.
a. Prohibition of Reprisals
1. In accordance with 41 U.S.C. §4712,an employee of a Sponsor,grantee, subgrantee,
contractor, or subcontractor may not be discharged,demoted,or otherwise discriminated
against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2)
below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety;or
v. A violation of law, rule,or regulation related to a Federal grant.
2. Persons and bodies covered.The persons and bodies to which a disclosure by an employee
is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the
relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct;or
vii. An authorized official of the Department of Justice or other law enforcement agency.
3. Submission of Complaint.A person who believes that they have been subjected to a
reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the
reprisal to the Office of Inspector General (OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint.A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General.Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. §4712(b).
6. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to
conduct or continue an investigation by the OIG,the person submitting a complaint
assumes the right to a civil remedy under 41 U.S.C. §4712(c)(2).
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SPECIAL CONDITIONS
26. Final Project Documentation.The Sponsor understands and agrees that in accordance with 49 USC
47111, and with the Airport District Office's(ADO) concurrence,that no payments totaling more
than 90.0 percent of United States Government's share of the project's estimated allowable cost
may be made before the project is determined to be substantially complete. Substantially complete
means the following: (1)The project results in a complete, usable unit of work as defined in the
grant agreement and (2)The sponsor submits necessary documents showing that the project is
substantially complete per the contract requirements,or has a plan (that FAA agrees with)that
addresses all elements contained on the punch list. Furthermore, no payments totaling more than
97.5 percent of the United States Government's share of the project's estimated allowable cost may
be made until: (1)The sponsor submits all necessary closeout documentation and (2)The sponsor
receives final payment notification from the ADO.
27. Airports Geographic Information System(AGIS) Requirements.AGIS requirements, as specified in
Advisory Circular 150/5300-18, apply to the project included in this grant offer. Final construction
as-built information or planning deliverables must be collected according to these specifications and
submitted to the FAA.The submittal must be reviewed and accepted by the FAA before the grant
can be administratively closed.
28. Buy American Executive Orders.The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America's Workers.
29. Plans and Specifications Prior to Bidding.The Sponsor agrees that it will submit plans and
specifications for FAA review prior to advertising for bids.
30. Design Grant.This Grant Agreement is being issued in order to complete the design of the project.
The Sponsor understands and agrees that within 2 years after the design is completed that the
Sponsor will accept,subject to the availability of the amount of Federal funding identified in the
Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in
order to provide a useful and useable unit of work.The Sponsor also understands that if the FAA
has provided Federal funding to complete the design for the project, and the Sponsor has not
completed the design within four(4)years from the execution of this Grant Agreement,the FAA
may suspend or terminate grants related to the design.
31. Pavement Maintenance Management Program.The Sponsor agrees that it will implement an
effective airport pavement maintenance management program as required by Airport Sponsor
Grant Assurance 11, Pavement Preventive Maintenance-Management.The Sponsor agrees that it
will use the program for the useful life of any pavement constructed, reconstructed, or repaired
with Federal financial assistance at the airport.The Sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for
Maintenance of Airport Pavements,"for specific guidelines and procedures for maintaining
airport pavements,establishing an effective maintenance program, specific types of distress
and its probable cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
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c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval,and
Reference, meeting the following requirements:
1. Pavement Inventory.The following must be depicted in an appropriate form and level of
detail:
a. Location of all runways,taxiways,and aprons;
b. Dimensions;
c. Type of pavement; and,
d. Year of construction or most recent major rehabilitation.
2. Inspection Schedule.
a. Detailed Inspection.A detailed inspection must be performed at least once a year. If a
history of recorded pavement deterioration is available, i.e., Pavement Condition
Index(PCI) survey as set forth in the Advisory Circular 150/5380-6,the frequency of
inspections may be extended to three years.
b. Drive-By Inspection.A drive-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condition. For drive-by
inspections,the date of inspection and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections and on
the maintenance performed must be recorded and kept on file for a minimum of five
years.The type of distress, location, and remedial action, scheduled or performed, must be
documented.The minimum information is:
a. Inspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.
4. Information Retrieval System.The Sponsor must be able to retrieve the information and
records produced by the pavement survey to provide a report to the FAA as may be
required.
9
3-08-0046-047-2022
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor,as hereinafter
provided,and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the
Project and compliance with the Grant Assurances,terms, and conditions as provided herein.Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically,and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
Marc Miller
(Typed Name)
Acting Manager, Denver ADO
(Title of FAA Official)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment,or both.
10
3-08-0046-047-2022
Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties,
covenants,and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with
all of the Grant Assurances,terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically,and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated August 9,2022
CITY OF PUEBLO,COLORADO
(Name of Sponsor)
96.14 'J....
Nicholas Gradisar(Aug 9,2022 20:19 MDT)
(Signature of Sponsor's Authorized Official)
By: Nicholas Gradisar
(Typed Name of Sponsor's Authorized Official)
Title: Mayor
(Title of Sponsor's Authorized Official)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements)and could subject you to fines, imprisonment, or both.
11
3-08-0046-047-2022
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Daniel C. Kogovsek , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute
this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the
said State; and Title 49, United States Code(U.S.C.), Chapters 471 and 475;49 U.S.C. §§ 40101 et seq.,
and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254);the Department of
Transportation Appropriations Act, 2021 (Public Law 116-260, Division L);the Consolidated
Appropriations Act, 2022 (Public Law 117-103); and the representations contained in the Project
Application. In addition,for grants involving projects to be carried out on property not owned by the
Sponsor,there are no legal impediments that will prevent full performance by the Sponsor. Further, it is
my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically,and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated at August 10,2022
By: Daniel C.Kogovsek(Aug 10,2022 12' MDT)
(Signature of Sponsor's Attorney)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements)and could subject you to fines, imprisonment,or both.
12
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII,as amended.As used
herein,the term "public agency sponsor" means a public agency with control of a public-use
airport;the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and
become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty(20)years from the date of acceptance of a grant offer of
Federal funds for the project. However,there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport.There shall be no limit on the duration of the terms,conditions,and assurances with
respect to real property acquired with federal funds. Furthermore,the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10)years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement,only Assurances 1, 2, 3,5, 6, 13, 18, 23,25,
30,32, 33, 34, and 37 in Section C apply to planning projects.The terms,conditions,and
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project;there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements
Airport Sponsor Assurances 5/2022 Page 1 of 18
It will comply with all applicable Federal laws, regulations, executive orders, policies,guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII,as amended.
b. Davis-Bacon Act, as amended —40 U.S.C. §§3141-3144,3146, and 3147,et seq.1
c. Federal Fair Labor Standards Act-29 U.S.C. § 201, et seq.
d. Hatch Act–5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. §
4601, et seq.', 2
f. National Historic Preservation Act of 1966–Section 106-54 U.S.C. § 306108.1.1
g. Archeological and Historic Preservation Act of 1974-54 U.S.C. §312501,et seq.1
h. Native Americans Grave Repatriation Act-25 U.S.C. Section §3001,et seq.
i. Clean Air Act, P.L. 90-148, as amended -42 U.S.C. §7401,et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973–Section 102(a)-42 U.S.C. §4012a.1
I. 49 U.S.C. §303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 -29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race,color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 -42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L.95-341, as amended.
r. Architectural Barriers Act of 1968, as amended -42 U.S.C. §4151,et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978–Section 403 -42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act-40 U.S.C. § 3701,et seq.'
u. Copeland Anti-kickback Act- 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 -42 U.S.C. §4321, et seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended–16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984-31 U.S.C. §7501, et seq.2
y. Drug-Free Workplace Act of 1988-41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
Airport Sponsor Assurances 5/2022 Page 2 of 18
bb. Build America, Buy America Act, P.L. 117-58,Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246—Equal Employment Opportunity'
b. Executive Order 11990—Protection of Wetlands
c. Executive Order 11998—Flood Plain Management
d. Executive Order 12372—Intergovernmental Review of Federal Programs
e. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898—Environmental Justice
g. Executive Order 13166—Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985—Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988—Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
j. Executive Order 14005—Ensuring the Future is Made in all of America by All of America's
Workers
k. Executive Order 14008—Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles,and Audit Requirements
for Federal Awards.4'5
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13—Investigative and Enforcement Procedures.
e. 14 CFR Part 16—Rules of Practice For Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150—Airport Noise Compatibility Planning.
g. 28 CFR Part 35—Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR §50.3—U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1—Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
k. 29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).'
Airport Sponsor Assurances 5/2022 Page 3 of 18
I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20—New Restrictions on Lobbying.
n. 49 CFR Part 21—Nondiscrimination in Federally-assisted programs of the Department of
Transportation -Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.'2
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S.Contractors.
u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance).
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities(ADA).
w. 49 CFR Part 38—Americans with Disabilities Act (ADA)Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41—Seismic Safety.
FOOTNOTES TO ASSURANCE(C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance.Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
° Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
Airport Sponsor Assurances 5/2022 Page 4 of 18
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein;to act in
connection with this application;and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,to
the landing area of the airport or site thereof,or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions,and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor.This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254,Section 163, it will not sell, lease,
encumber,or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or,for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended,for the duration of
the terms, conditions, and assurances in this Grant Agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
Code,to assume the obligations of this Grant Agreement and to have the power,authority, and
financial resources to carry out all such obligations,the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms,conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary,that agreement shall obligate that government to the same terms, conditions,and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
Airport Sponsor Assurances 5/2022 Page 5 of 18
undertake the noise compatibility program project.That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor,the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code,the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use,to taxi an aircraft between that property and any location on airport.Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans(existing at the time of submission of this
application)of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway,or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social,and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
Airport Sponsor Assurances 5/2022 Page 6 of 18
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport,the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any,a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. §44706,and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant,the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project.The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives,for the purpose of audit and examination, any
books, documents, papers,and records of the recipient that are pertinent to this Grant.The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a Grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six(6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of$2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages,to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works),which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
Airport Sponsor Assurances 5/2022 Page 7 of 18
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor(except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. §47112.
However,this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications,and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary,shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary.Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose,distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
Airport Sponsor Assurances 5/2022 Page 8 of 18
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal,State and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions.Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow,flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport(including established minimum flight altitudes)will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use,within its jurisdiction,that will reduce its compatibility, with respect to the
airport,of the noise compatibility program measures upon which Federal funds have been
expended.
Airport Sponsor Assurances 5/2022 Page 9 of 18
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport,the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable,and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport(whether as a tenant, non-tenant,or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations,conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees(including, but not limited to maintenance, repair, and fueling)that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance,the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
Airport Sponsor Assurances 5/2022 Page 10 of 18
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide,aeronautical services to the public. For purposes of this paragraph,the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not,either directly or indirectly, grant or
permit any person,firm,or corporation,the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography,crop dusting, aerial advertising and surveying,air carrier
operations,aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport,taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development,airport planning or noise compatibility project for
which a Grant is made under Title 49, United States Code,the Airport and Airway Improvement Act
of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport;the
local airport system;or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property;or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport,to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities,then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land,this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
Airport Sponsor Assurances 5/2022 Page 11 of 18
the sale.This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period)of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. §47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95
b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning,the
use of airport revenue and taxes in paragraph (a),and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. §47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms,conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments,available for
inspection by any duly authorized agent of the Secretary upon reasonable request;and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge,except, if the use by Government
Airport Sponsor Assurances 5/2022 Page 12 of 18
aircraft is substantial, charge may be made for a reasonable share, proportional to such use,for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that:
a. Five (5)or more Government aircraft are regularly based at the airport or on land adjacent
thereto;or
b. The total number of movements(counting each landing as a movement)of Government
aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the
airport(the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities,or weather-reporting and communication activities related to air
traffic control, any areas of land or water,or estate therein as the Secretary considers necessary or
desirable for construction, operation,and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto,together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures(such
as runways,taxiways, aprons,terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary.
Such airport layout plans and each amendment, revision,or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the signature of a
duly authorized representative of the Secretary on the face of the airport layout plan.The
sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of
the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
Airport Sponsor Assurances 5/2022 Page 13 of 18
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary,the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property (or replacement thereof)to a site acceptable to
the Secretary and all costs of restoring such property(or replacement thereof)to the level
of safety, utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to
2000d-4); creed and sex(including sexual orientation and gender identity) per 49 U.S.C. §47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements;or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of,or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from,funds received from this Grant.
a. Using the definitions of activity,facility and program as found and defined in 49 CFR§§
21.23(b)and 21.23(e),the sponsor will facilitate all programs, operate all facilities,or conduct
all programs in compliance with all non-discrimination requirements imposed by or pursuant to
these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant(or other federal assistance)
for any of the sponsor's program or activities,these requirements extend to all of the
sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel,alter, or acquire a facility, or part of a facility,the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property.Where the sponsor receives a grant or other Federal financial assistance in
the form of,or for the acquisition of real property or an interest in real property,the
assurance will extend to rights to space on, over,or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide,or is in the form of, personal property,or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport,or for another purpose involving the provision
of similar services or benefits;or
2. So long as the sponsor retains ownership or possession of the property.
Airport Sponsor Assurances 5/2022 Page 14 of 18
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work,or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The City of Pueblo, Colorado, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders or offerors that it will affirmatively ensure that for any contract entered into
pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or
airport concession disadvantaged business enterprises] will be afforded full and fair
opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English
proficiency),creed, sex(including sexual orientation and gender identity), age,or disability in
consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race,color, national origin (including limited English proficiency), creed,sex(including
sexual orientation and gender identity), age,or disability as a covenant running with the
land, in any future deeds, leases, license, permits,or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project,or program; and
b. For the construction or use of, or access to, space on,over,or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors,consultants,transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts,the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
Airport Sponsor Assurances 5/2022 Page 15 of 18
purposes, at fair market value, at the earliest practicable time.That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2)
transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under Sections 47114,47115,or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport;or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes,the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
b. For land purchased under a grant for airport development purposes(other than noise
compatibility), it will,when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land.That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary.The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under Sections 47114,47115,or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport;or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may be
needed for aeronautical purposes(including runway protection zones)or serve as noise buffer
land, and (2)the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987,was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
Airport Sponsor Assurances 5/2022 Page 16 of 18
continues to be used for that purpose, such use having commenced no later than December 15,
1989.
d. Disposition of such land under(a), (b), or(c)will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49
U.S.C., it will award each contract, or sub-contract for program management, construction
management, planning studies,feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U.S.C., or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies,Standards,and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards,and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars(https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf)for
AIP projects as of March 3, 2022.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property,to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement,comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit,to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race,color, national origin, or sex, in the award
and performance of any DOT-assisted contract covered by 49 CFR Part 26,or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise(DBE)and Airport Concessions Disadvantaged Business
Airport Sponsor Assurances 5/2022 Page 17 of 18
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts,and/or concession contracts.The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23,and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program,the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986(31
U.S.C. §§3801-3809,3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. §
47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport,the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any,the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
Airport Sponsor Assurances 5/2022 Page 18 of 18
STANDARD FORM OF
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT("Agreement")is made and entered into this 8 day of August , 2022
("Effective Date")by and between the City of Pueblo,a Municipal Corporation (hereinafter"Owner"), and
Dibble and Associates Consulting Engineers, Inc., an Arizona Corporation, doing business as Dibble
Engineering, a professional engineering firm (hereinafter "Engineer"), for Engineer to render certain
professional planning, design, engineering, and related services for Owner in connection with Project
AP2205, Project Name: Rehabilitate Runway 8R-26L and Taxiway A2 Removal(Design Only),hereinafter
referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree
as follows:
SECTION 1. GENERAL.
1.1 Engineer shall satisfactorily perform professional engineering services for all phases of
Project indicated below by mark placed in the appropriate box or boxes:
[ X] - Study and Report Phase
[ X] - Preliminary Design (Schematic) Phase
[ X] - Final Design Phase
[ ] - Construction Documents& Bidding Phase
[ ] - Construction Phase
Upon completion of any phase, Engineer shall not proceed with work on the next phase, if any, until
authorized in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional engineering services and the furnishing
(directly or through its professional consultants) of customary and usual civil, structural, mechanical,
electrical engineering, environmental, and planning services. Engineer shall also provide any landscape
engineering, surveying and geotechnical services incident to its work on the Project.
1.2 In performing the professional services, Engineer shall complete the work items described
generally in Appendix A—Scope of Services and the items identified in Section 2 of this Agreement which
are applicable to each phase for which Engineer is to render professional services.
1.3 Professional engineering services (whether furnished directly or through a professional
consultant subcontract) shall be performed under the direction and supervision of a registered engineer in
good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for
construction produced under this Agreement shall be the same as at least one record set which shall be
furnished to Owner and which shall be signed by and bear the seal of such registered engineer.
1.4 Surveying work included within or reasonably contemplated by this Agreement shall be
performed under the direction and supervision of a registered Professional Land Surveyor in good standing
and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement
shall be signed by and bear the seal of said Professional Land Surveyor.
1.5 Any architect services provided under this Agreement shall be performed under the
direction and supervision of an architect licensed to practice architecture in the state of Colorado.
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
- 1 -
SECTION 2. ENGINEERING SERVICES.
2.1 Study and Report Phase. If Engineer is to provide professional services with respect to the
Project during the Study and Report Phase, Engineer shall:
(a) Consult with Owner to determine his requirements for the Project and review
available data.
(b) Advise Owner as to the necessity of his providing or obtaining from others data or
services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations, and
comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory
agencies involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to various
alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the considerations
involved and the alternative solutions available to Owner, and setting forth Engineer's findings and
recommendations with opinions of probable costs.
(g) Furnish two (2) copies of the Report and present and review it in person with
Owner.
2.2 Preliminary Design(Schematic)Phase. If Engineer is to provide professional services with
respect to the Project during the Preliminary Design Phase, Engineer shall:
(a) Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any study or Report on the Project.
(b) Prepare and submit to Owner preliminary design documents consisting of final
design criteria, preliminary drawings, an outline of specifications, and written descriptions of all significant
features of Project.
(c) Prepare and submit to Owner a requirements checklist of any subsurface
investigation, additional data, permits, or other information and requirements which is anticipated will be
necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and design
risks and advantages/disadvantages inherent in or presented by design alternatives, and make
recommendations to Owner based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project including
construction cost,contingencies,professional compensation,consultant fees,costs of land and rights of way,
compensation for damages and finance costs, if any.
(f) Engineer shall furnish two(2)copies of each above referenced submittal document
to Owner for Owner's use, and shall review same in person with Owner.
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
- 2 -
2.3 Final Design Phase. If Engineer is to provide professional services with respect to the
Project during the Final Design Phase, Engineer shall:
(a) After consultation with the Owner, receipt of Owner's selection of any design
options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent, and character of the work to be performed by contractors, and
Specifications describing such work and the requirements therefor. Such plans and Specifications shall
comply with all applicable building codes and requirements of regulatory agencies having any approval
authority, including but not limited to any requirements of the Federal Aviation Administration. Final
design, including Drawings and Specifications, shall also comply with ADA Accessibility Guidelines
(ADAAG) Manual developed by the U. S. Architectural and Transportation Barriers Board(1998)or ADA
Standards for Accessible Design published at 28 C.F.R. Part 36, Appendix A, whichever is applicable.
Engineer shall include an attest statement on each record drawing sheet of final plan drawings that
certifies compliance with either the ADAAG Manual or 28 CFR Part 36 Standards.
(b) Make reasonable revisions to the Drawings and Specifications requested by Owner,
informing the Owner of any change in probable construction costs as a result of such revisions.
(c) Provide technical criteria,written descriptions and design data for Owner's use,and
disclose any significant risks and advantages/disadvantages inherent in or presented by design choices.
(d) Based upon Engineer's best professional judgment, prepare and submit to Owner a
current detailed cost estimate for the Project including construction cost, contingencies, professional
compensation, consultant fees, land and right of way costs, damages, and finance costs, if any.
(e) Engineer shall furnish two(2)copies of each above referenced submittal document
to Owner for Owner's use and shall review same in person with Owner.
2.4 Construction Documents& Bidding Phase. If Engineer is to provide professional services
with respect to the Project during the Construction Documents& Bidding Phase, Engineer shall:
(a) Prepare and submit to Owner draft forms of contract agreement,general and special
conditions,bid forms invitations to bid, information for bidders, forms of warranty and including any special
requirements imposed upon such contracts by any federal or other funding source and by any regulatory
agency. In preparing such draft forms, Engineer shall consider and incorporate,to the extent both advisable
and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general
conditions and selected specifications.
(b) After review and comment by Owner,prepare and submit all deliverables identified
in Appendix A to this Agreement, final forms of contract agreement, general and special conditions,
Drawings, specifications, bid forms, invitations to bid, information for bidders, and forms of warranty,
together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or
Specifications or advise of changes.Two(2)copies of these final bid documents shall be furnished to Owner.
Unless otherwise specified in Appendix A, a copy of all contract documents and drawings shall also be
submitted to Owner in Microsoft Word and AutoCAD(2018 or later version) format on electronic media.
(c) Make recommendations to Owner concerning the need for prequalification of
equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in
final bid and construction contract documents.
(d) Attend a pre-bid conference with bidders to discuss Project requirements and
receive requests for clarification, if any,to be answered by Engineer in writing to all plan holders.
(Agreement for Professional Engineering Services--CA Revised and Apprd 07/11/2022)
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(e) Consult with and make recommendations to Owner concerning: acceptability of
bidders, subcontractors, suppliers, materials,equipment, suitability of proposed"or equals",amount of bids
and any other matter involved in consideration and review of bids and bidders upon which Owner may
reasonably request Engineer's advice.
2.5 Construction Phase. If Engineer is to provide professional services with respect to the
Project during the Construction Phase, after award by the Owner of a general contract or contracts for
construction of the Project, Engineer shall:
(a) Perform all duties and functions to be performed by Engineer under the terms of
the construction contract.
(b) Visit the Project site, perform observations as to the progress and quality of the
work and advise the Owner as to same. The frequency and level of observation shall be commensurate with
the nature of the work and size of the Project,except that any specific provisions set forth in Appendix A-
Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level
of observation.
(c) Make determinations as to whether the work is proceeding in accordance and
compliance with the construction contract documents.
(d) Promptly advise the Owner in writing of any omissions, substitutions, defects or
deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work on the Project that does not conform to the contract documents.
(f) On request of the Owner, the construction contractor or any subcontractor on the
Project, issue written interpretations as to the Drawings and Specifications and requirements of the
construction work.
(g) Review shop drawings, samples,product data and other submittals of the contractor
for conformance with the design concept of Project and compliance with the Drawings, Specifications and
all other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions
noted,or modification or resubmittals required.
(h) Review all applications of Contractor for payment and in connection with same,
issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the
construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has
inspected the Project and that to the best of his knowledge,the work for which payment has been sought has
been completed by Contractor in accordance with the Drawings, Specifications and other contract
documents.
(i) Subject to written concurrence by Owner, promptly render a written
recommendation to Owner concerning all proposed substitutions of material and equipment.
(j) Draft, for Owner's consideration, and offer recommendations upon, all proposed
change orders and contract modifications.
(k) On application for final payment by the Contractor, make a final inspection of the
Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as-built
drawings, diagrams, and charts required by the contract documents, and issuing a certificate of final
completion of the Project.
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(1) The Engineer shall, if so provided in the construction contract, be the interpreter of
the construction documents and arbiter of claims and disputes thereunder. Upon written request of the
Owner or Contractor, the Engineer shall promptly make written interpretations of the contract documents
and render written decisions on all claims, disputes, and other matters relating to the execution or progress
of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on
the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar
days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the
Architect and Contractor.
2.6 Additional Responsibilities. This paragraph applies to all phases of Engineer's work.
(a) Engineer shall be responsible for the professional quality, technical accuracy,
timely completion, and coordination of all of Engineer's work, including that performed by Engineer's
consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of
Owner's approval or acquiescence in same. Engineer shall, without additional compensation, correct or
revise any errors, omissions, or other deficiencies in the work.
(b) Engineer shall be responsible, in accordance with applicable law, to Owner for all
loss or damage to Owner caused by Engineer's negligent act or omission; and Engineer hereby irrevocably
waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate
of review as a condition precedent to commencement of an action,including any such requirements set forth
in Section 13-20-602, C.R.S., or similar statute.
(c) Engineer's professional responsibility shall comply with the standard of care
applicable to the type of engineering and architectural services provided,commensurate with the size,scope,
and nature of the Project.
(d) Engineer shall be completely responsible for the safety of Engineer's employees,
subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary
safety equipment for said employees,subcontractors,and consultants and shall hold harmless and indemnify
and defend Owner from any and all claims, suits, loss or injury to Engineer's employees, subcontractors,
and consultants.
(e) Engineer acknowledges that, due to the nature of engineering and related
professional services and the impact of same on the Project, the Owner has a substantial interest in the
personnel and consultants to whom Engineer assigns principal responsibility for services performed under
this Agreement. Consequently, Engineer represents that Engineer has selected and intends to employ or
assign the key personnel and consultants identified in Appendix C - "Identification of Personnel,
Subcontractors and Task Responsibility," attached hereto for the Project assignments and areas of
responsibility stated therein. Within 10 days of execution of this Agreement,Owner shall have the right to
object in writing to employment on the Project of any such key person,consultant or assignment of principal
responsibility, in which case Engineer will employ alternate personnel for such function or reassign such
responsibility to another to whom Owner has no reasonable objection. Thereafter, Engineer shall not assign
or reassign Project work to any person to whom Owner has reasonable objection.
Within five (5) days of execution of this Agreement, Engineer shall designate in writing a Project
representative who shall have complete authority to bind Engineer, and to whom Owner should address
communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from
Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which
Engineer proposes to accomplish his work, with dates on which he will commence and complete each major
work item. The schedule shall provide for performance of the work in a timely manner so as to not delay
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/1 1/2022)
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Owner's time table for achievement of interim tasks and final completion of Project work,provided however,
the Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Engineer considers beyond or in addition to
the scope of work and services which Engineer has contractually agreed to perform under the terms of this
Agreement, Engineer shall advise Owner in writing(i)that Engineer considers the work beyond the scope
of this Agreement, (ii) the reasons the Engineer believes the out of scope or additional work should be
performed,and(iii)a reasonable estimate of the cost of such work. Engineer shall not proceed with such out
of scope or additional work until authorized in writing by Owner. The compensation for such authorized
work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to
compensation,then Engineer shall be compensated for his direct costs and professional time at the rates set
forth in Appendix B - "Fee Schedule".
2.7 Requirements Where Federal Assistance Provided.
(a) Engineer understands that Owner will be funding the Project in part or in whole by grants
or loans from the Department of Transportation, Federal Aviation Administration (the "Federal Agency")
and the Colorado Aeronautics Board(the"State Agency"). Engineer agrees it is subject to and shall comply
with all applicable grant or loan conditions and the regulations of the Federal and State Agencies which
apply to the work under this Agreement, whether referenced in Appendix A or not. All applicable loan or
grant conditions and regulations of the Federal and State Agencies are incorporated into this Agreement by
reference.
(b) Owner shall pay Engineer for work completed in accordance with the terms of this
Agreement. Engineer understands and accepts that Owner is seeking reimbursement for the Project through
applicable Federal and State loans or grants. Should applicable Federal and State Agencies indicate that
loans or grants shall not be granted or approved by said Agencies, performance under this Agreement shall
be placed on hold until such time as the funds are granted and approved, except that no such extension shall
continue past the expiration of the initial term of the master agreement approved through City of Pueblo
Resolution No. 13785. Should Owner determine in its sole discretion that grant or approval of the required
funds is impossible or unlikely, this Agreement shall terminate immediately upon notice from Owner and
Owner shall not be liable for any cost or fee under this Agreement.
SECTION 3. OWNER'S RESPONSIBILITIES
3.1 Owner shall:
(a) Designate a representative to whom all communications from Engineer shall be
directed and who shall have limited administrative authority on behalf of Owner to receive and transmit
information and make decisions with respect to Project. Said representative shall not, however, have
authority to bind Owner as to matters of legislative or fiscal policy.
(b) Advise Engineer of Owner's Project requirements including: objective, project
criteria, use and performance requirements, special considerations, physical limitations, financial
constraints, and required construction contract provisions and standards.
(c) Provide Engineer with available information pertinent to the Project including any
previous reports, studies, or data possessed by Owner which relates to design or construction of the Project.
(d) Assist in arranging for Engineer to have access to enter private and public property
as required for Engineer to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals, and
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other documents presented by Engineer,and render written decisions pertaining thereto within a reasonable
time. The Owner's approval of Drawings, design, Specifications, reports, and incidental engineering work
or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the
professional adequacy of his work. The Owner's review,approval or acceptance of, or payment for,any of
the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause
of action arising out of the performance of this Agreement.
(0 Upon advice of the necessity to do so from Engineer,obtain required approvals and
permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for
obtaining said approvals and permits.
(g) Notify Engineer whenever Owner becomes aware of any substantial development
or occurrence which materially affects the scope or timing of Engineer's services.
(h) Owner shall perform its obligations and render decisions within a reasonable time
under the presented circumstances. However, given the nature of Owner's internal organization and
requirements, a period of fourteen (14) days shall be presumed reasonable for any decision not involving
policy decision or significant financial impact. A period of forty-five(45)days shall be presumed reasonable
for Owner to act with respect to any matter involving policy or significant financial impact.
SECTION 4. TIME FOR PERFORMANCE.
Engineer's obligation to render services shall continue for such period of time as may reasonably be
required for completion of the work contemplated in Appendix A - Scope of Services and Sections 1 and 2
of this Agreement.
SECTION 5. PAYMENT.
5.1 Owner will pay to Engineer as full compensation for all services required to be performed
by Engineer under this Agreement,except for services for additional work or work beyond the scope of this
Agreement, an amount not to exceed $303,292.10 in the aggregate, and not to exceed those maximum
amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. For the
purposes of this agreement, only Engineering Services described in "Fee Schedule" - Appendix B for the
Study and Report Phase, Preliminary Design Phase, and Final Design Phase are approved. In the event
compensation for services is set forth in Appendix B as to each phase of work indicated in Section 1.1 of
this Agreement,the maximum amount of compensation for any phase shall not exceed the amount specified
in Appendix B for such phase, and together shall not exceed the maximum aggregate set forth herein.
5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for
payment,aggregating to not more than the maximum amount, for actual professional services rendered and
reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that
such services have been performed and expenses incurred. Thereafter, Owner shall pay Engineer for the
amount of the application within 40 days of the date of billing, provided that sufficient documentation has
been furnished, and further provided that Owner will not be required to pay more than 90%of the maximum
amount unless the Engineer's services on the Project phases for which this Agreement is applicable have
been completed to Owner's reasonable satisfaction and all required Engineer submittals have been provided.
5.3 The rates of compensation for service and for reimbursable expenses to be used with
periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule"
5.4 No separate or additional payment shall be made for profit, overhead, local telephone
expenses, lodging, routine photocopying, computer time, secretarial or clerical time, or similar expenses
unless otherwise provided and listed in Appendix B - "Fee Schedule"and approved by City.
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5.5 No compensation shall be paid to Engineer for services required and expenditures incurred
in correcting Engineer's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed
by Paragraph 2.6(g).
Section 6. Term and Termination
6.1 Term. The term of this Agreement begins on the Effective Date and ends on December 31,
2022, unless sooner terminated in accordance with this Agreement. City reserves the right to extend the
term of this Agreement in one-year increments by written acceptance of both parties.
6.2 Fund Appropriation. This agreement is expressly made subject to the limitations of the
Colorado Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt
or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo,
contrary to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt
limitation. Notwithstanding any other provision of this agreement, with respect to any financial obligation
of City which may arise under this agreement in any fiscal year after the current year, in the event the budget
or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge
such obligation, such failure shall not constitute a default by or breach of this agreement. The termination
of this Agreement due to lack of funding shall be without penalty to the City.
6.3 Owner reserves the right to terminate this Agreement and Engineer's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination,
Engineer and its subcontractors shall cease all work and stop incurring expenses,and shall promptly deliver
to Owner all data, drawings, specifications, reports, plans, calculations, summaries, and all other
information,documents, work product, and materials as Engineer may have accumulated in performing this
Agreement,together with all finished work and work in progress.
6.4 Upon termination of this Agreement for events or reasons not the fault of Engineer,
Engineer shall be paid at the rates specified in Appendix B for all services rendered and reasonable costs
incurred to date of termination; together with any reasonable costs incurred within ten (10) days of
termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses
to Engineer or Owner. In no event shall payment to Engineer upon termination exceed the maximum
compensation provided for complete performance in Section 5.1.
6.5 In the event termination of this Agreement or Engineer's services is for breach of this
Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to timely
proceed with work, or to pay its employees,engineers, and subcontractors,or to perform work according to
the highest professional standards,or to perform work in a manner deemed satisfactory by Owner's Project
Representative, then in that event, Engineer's entire right to compensation shall be chosen by Owner and
limited to the lesser of(a) the reasonable value of completed work to Owner or (b) payment at the rates
specified in Appendix B for services satisfactorily performed and reimbursable expenses reasonably
incurred, prior to date of termination.
6.6 Engineer's professional responsibility for its completed work and services shall survive any
termination.
SECTION 7. GENERAL PROVISIONS.
7.1 (a) Ownership of Documents. All designs, Drawings, Specifications, technical data,
and other documents or instruments procured or produced by the Engineer in the performance of this
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Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever
kind and however created,whether created by common law,statutory law,or by equity. The Engineer agrees
that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs,
drawings, specifications, and all other technical data pertaining to the work to be performed under this
Agreement.
(b) Advertising. Unless specifically approved in advance in writing by Owner,
Engineer shall not include representations of the Project in any advertising or promotional materials,except
for accurate statements contained in resumes or curriculum vitae of Engineer's employees. If Engineer
wishes to include representations in advertising or promotional materials, it shall submit a draft of same and
printer's proof of the proposed advertising or promotional materials to the Owner for prior review and shall
not publish or distribute same unless written approval of the materials is first obtained.
7.2 Insurance and Indemnity.
(a) Engineer agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts, claims for
damages because of bodily injury including personal injury, sickness or disease, or death of any of his
employees or of any person other than his employees, and from claims or damages because of injury to or
destruction of property including loss of use resulting therefrom; and such insurance will provide for
coverage in such amounts as set forth in subparagraph(b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in force is
as follows:
(i) Workers' Compensation Insurance complying with statutory requirements
in Colorado and in any other state or states where the work is performed.
(ii) Comprehensive General and Automobile Liability Insurance with limits
not less than One Million Dollars ($1,000,000.00) per person and occurrence for personal injury,
including but not limited to death and bodily injury, One Million Dollars ($1,000,000.00) per
occurrence for property damage, and One Million and No/100 Dollars ($1,000,000.00) for excess
umbrella liability.
(iii) Professional Liability Insurance in amounts and form acceptable to Owner,
and with a deductible not exceeding$50,000.00.
(c) Engineer agrees to hold harmless, defend, and indemnify Owner from and against
any liability to third parties, arising out of negligent acts, errors, or omissions of Engineer, his employees,
subcontractors and consultants. Engineer agrees to hold harmless, defend, and indemnify Owner from and
against any liability to subcontractors and consultants, arising out of negligent acts, errors or omissions of
Engineer and his employees, including claims of nonpayment. Nothing in this Agreement is intended, nor
should it be construed,to create any rights,claims,or benefits or assume any liability for or on behalf of any
third party, or to waive any immunities or limitations conferred under federal or state law, including but not
limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.
7.3 Notices. Any and all notices or other communications required or permitted by this
Agreement or by law to be served on or given to either the Owner or the Engineer by the other party shall
be in writing and shall be deemed duly served and given when personally delivered to the party to whom it
is directed, or in lieu of such personal service when deposited in the United States mail, first-class postage
prepaid, addressed to the Owner, Attention: Greg Pedroza, Director of Aviation, Pueblo Memorial Airport,
31201 Bryan Circle,Pueblo,Colorado,or to the Engineer at 7878 N. 16t Street,Suite 300, Phoenix,Arizona,
85020. Either party may change his address for the purpose of this paragraph by giving written notice of
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
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such change to the other party in the manner provided in this paragraph.
7.4 Entire Agreement. This instrument contains the entire agreement between the Owner and
the Engineer respecting the Project,and any other written or oral agreement or representation respecting the
Project or the duties of either the Owner or the Engineer in relation thereto not expressly set forth in this
instrument is null and void. In the event of any conflict between any provision of this Agreement and a
provision of any Appendix or attachment to this Agreement, the provision in this Agreement shall control
and supersede the conflicting provision in the Appendix or attachment.Any inconsistent resolution provision
in any attachment to this Agreement shall be void.
7.5 Successors and Assigns. This Agreement shall be binding on the parties hereto and on their
partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this
Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Engineer may be
assigned by him without the written consent of the Owner.
7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless
made by written Amendment signed by an authorized representative of Engineer and Owner.
7.7 Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance
with the laws of the State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado.
7.8 Equal Employment Opportunity. In connection with the performance of this Agreement,
Engineer shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, national origin, disability, or age. Engineer shall endeavor to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, national origin, disability,or age.
7.9 Severability. If any provision of this Agreement, except for Section 2.7, is determined to
be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding
source,then such provision shall be deemed void and the remainder of the Agreement enforced. However,
it is the intent of the parties that Section 2.7 of this Agreement not be severable, and that if any provision of
said section be determined to be contrary to law or the terms of any federal grant,then this entire Agreement
shall be void.
7.10 Appropriations. Subject to the Director of Finance certifying that a balance of appropriation
exists and funds are available,the amount of money appropriated for this Agreement is equal to or in excess
of the maximum compensation payable hereunder; provided, however, that if construction is phased and
subject to annual appropriation, funds only in the amount of initial appropriation are available and Engineer
shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual
appropriations.
7.11 Additional Requirements on Federally Funded Contracts. If any of the work to be
performed by Engineer under this Agreement is funded in whole or in part with federal funds, then this
Agreement shall be construed to include all applicable terms required by the federal assistance agreement
and integrated federal regulations. By executing this Agreement, Engineer agrees to be bound by all such
mandatory federal requirements, irrespective of Engineer's actual knowledge or lack of knowledge of such
requirements prior to execution of this Agreement.
7.12 Access to Property Not Under Owner's Control. Engineer acknowledges that the Project
may require access to property not under the control of Owner at the time of execution of this Agreement.
Engineer and Engineer's employees and consultants shall, at Engineer's expense, obtain all additional
necessary approvals and clearances required for access to such property. Owner shall assist Engineer in
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
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obtaining access to such property at reasonable times but make no warranty or representation whatsoever
regarding access to such property. Engineer understands and agrees that entry to properties not under
Owner's control may require Engineer to comply with the terms of separate access agreements to be
negotiated hereafter with owners of such property.
SECTION 8. DISPUTES.
8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to this
Agreement or Engineer's services or right to payment hereunder shall be determined and decided by the
Owner's Director of Aviation whose written decision shall be final and binding unless judicial review is
sought in a Colorado Court of competent jurisdiction pursuant to Rule 106,C.R.C.P.
8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall
proceed diligently with performance of his work under this Agreement.
SECTION 9. APPENDICES.
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A- "Scope of Services" consisting of 15 pages.
Appendix B - "Fee Schedule" consisting of 1 page.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility"
Consisting of I page.
SECTION 10. ACCESSIBILITY.
The Americans with Disabilities Act(ADA)provides that it is a violation of the ADA to design and
construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and
usability requirements of the ADA,except where an entity can demonstrate that it is structurally impractical
to meet such requirements. The Engineer therefore, will use his or her best reasonable professional efforts
to implement applicable ADA requirements and other federal, state, and local laws, rules codes,ordinances,
and regulations as they apply to the Project.
SECTION 11. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986.
Engineer certifies that Engineer has complied with the United States Immigration Reform and
Control Act of 1986. Engineer represents and warrants that to the extent required by said Act, all persons
employed by Engineer for performance of this contract have completed and signed Form 1-9 verifying their
identities and authorization for employment.
SECTION 12. PERA LIABILITY
The Engineer shall reimburse the Owner for the full amount of any employer contribution required
to be paid by the City of Pueblo to the Public Employees' Retirement Association ("PERA") for salary or
other compensation paid to a PERA retiree performing contracted services for Owner under this Agreement.
Engineer has submitted to Owner a completed form listing any PERA retirees employed by Engineer and
shall update said form with Owner at any time a PERA retiree is hired by Engineer.
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
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IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the Effective
Date first above written.
CITY OF PUEBLO, A MUNICIPAL DIBBLE AND ASSOCIATES
CORPORATION CONSULTING ENGINEERS, INC.
By: � • : Name:
� By:
Nicholas A. Gradisar, ayor Title:
Attest: Com(
City Cl
fiegi-7
[ SEAL ]
BALANCE OF APPROPRIATION EXISTS FOR THIS
CONTRACT AND FUNDS ARE AVAILABLE.
. i Cid °
Di ector of Finance
APPROVED AS TO FORM:
,ok/fx:tAl
City Attorney
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
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IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the Effective
Date first above written.
CITY OF PUEBLO, A MUNICIPAL DIBBLE AND ASSOCIATES
CORPORATION CONSULTING ENGINEERS, INC.
Name:
By: By: 14/7-1-1 ).-----
Nicholas
n
Nicholas A. Gradisar, Mayor Title: Vice President
Attest:
City Clerk
[ SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS
CONTRACT AND FUNDS ARE AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
City Attorney
(Agreement for Professional Engineering Services—CA Revised and Apprd 07/11/2022)
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