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HomeMy WebLinkAbout06978ORDINANCE NO. 6978 AN ORDINANCE ACCEPTING STATE AVIATION SYSTEM GRANT CONTRACT NO. 03 -44 -12/10 FROM THE COLORADO AERONAUTICAL BOARD AND THE DIVISION OF AERONAUTICS FOR PAVEMENT MAINTENANCE AT PUEBLO MEMORIAL AIRPORT AND APPROPRIATING $30,388 FROM THE AVIATION FUEL TAX FUND, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo, as the duly authorized governing body of the grant Applicant, hereby formally accepts assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a State Aviation System Grant Contract, a copy of which is attached hereto and is hereby approved. The City of Pueblo states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. SECTION 2. Funds in the amount of $30, 388 are hereby appropriated from the Aviation Fuel Tax Fund for the Grantee Local Match as required by the Grant Contract. SECTION 3. The President of City Council is hereby authorized to execute said Grant Contract on behalf of the City of Pueblo, A Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED: April 14, 2003 11'1 COUNCILPE N APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: C CLERK PASSED AND APPROVED: April 2R. 2003 COLORADO DEPARTMENT OF TRANSPORTATION AERONAUTICAL BOARD AERONAUTICS DIVISION 1 2003 Colorado Discretionary Aviation Grant Award Contract COLORADO CONTRACT This Grant Contract, made this /O day of _MAV � 2003 by and between the State of Colorado for the use and benefit of the Department of Transportation, Aeronautical Board ( "Board ") by the Division of Aeronautics ( "Division "), 5126 Front Range Parkway, Watkins, Colorado 80137, herein referred to as "the State ", and City of Pueblo, an operator that provides a public accessible aviation service in Colorado, herein referred to as the "the Grantee" or "the Contractor." WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number 160, Appropriation Code 034 Grant Budget Line No. 4443, FEIN 846000615B WHEREAS, the State is authorized to implement and administer the state aviation system grant program ( "Grant Program ") and to provide grants to entities operating public accessible airports in Colorado, in accordance with the provisions of C.R.S. § 43 -10- 108.5; WHEREAS the Grant Program must be used solely for aviation purposes, as defined in C.R.S. § 43 -10- 102(3); WHEREAS, the Board and the Division have developed the Colorado Aviation System Grant Program/Project Management Manual, Revised November 1999 ("Project Manual"), which contains policies, procedures and requirements to administer the Grant Program; WHEREAS, the Board and the Division have established criteria to evaluate grant applications and to distribute Grant Program funds; WHEREAS, the Grantee has submitted a grant application (Exhibit A) to use Grant Program funds solely for the aviation purposes specifically described in the Scope of Work (Exhibit B), and the Division has determined that the application meets the grant criteria: _ WHEREAS, the Division has determined that the activities proposed in the application are solely for aviation purposes, are consistent with the State Aviation Systems Plan, and support and improve the State Aviation System; WHEREAS, the Grantee has the administrative and technical ability to properly complete the objective and activities described in Exhibits A and B, and the Grantee agrees to perform such activities in accordance with the Contract Budget (Exhibit C); WHEREAS, the Division has determined that no State Agency can reasonably conduct the activities and provide the services described in the Exhibit A and B; WHEREAS, this Contract is executed by the State under authority of C.R.S. § § 29 -1 -203, 43 -10- 103(2), 43 -10- 108.5, 43- 10- 110(3) and the Board resolution (Exhibit D) and is executed by the Grantee under the authority of C.R.S. § 29 -1 -203 and § 43 -10- 108.5(2), and pursuant to the attached resolution (Exhibit E) executed by the duly authorized governing body of the Grantee. NOW, THEREFORE, it is hereby agreed as follows: Section 1. Scope of Work The Grantee shall satisfactorily perform and complete the activities and services described in the grant application (Exhibit A) and the scope of work (Exhibit B), collectively referred to as the "work," in accordance with the terms and conditions of this Contract. Section 2. Order of Precedence In the even of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: A. The Special Provisions contained in this Contract B. This Contract Proper C. Exhibit B _ D. Exhibit C E. The Project Management Manual F. Exhibit F G. Exhibit G — H. Exhibit D I. Exhibit E J. Exhibit H — K. Exhibit A Section 3. Performance Period This Contract is made this li4�tMay of April , 20 The term of this Contract shall be effective upon approval by the State Controller or designee ( "the effective date "). This Contract shall terminate on June 30, 2005 unless otherwise terminated as provided herein. Section 4. Price/Cost The Grantee shall comply with the budget for the work, as described in Exhibit C. The Grantee �– shall be solely responsible for all costs of the work incurred in excess of the budget or incurred prior to the effective date of the Contract. The estimated total costs for the work are 154.408.00 Subject to the conditions of this Contract, the State and Grantee shall participate in providing this estimated total cost amount as follows: A. Maximum State Amount: $123,520.00 B. Grantee Local Match Amount: $30,888.00 C. Maximum Other Amount(s): $ Total Grant Budget $154,408.00 -- The maximum State share amount of the Contract shall be comprised entirely and exclusively of moneys from C.R.S. § 43 -10 -109, Aviation Fund, made available by the Board to the grant program. The State share of the actual costs incurred by the Grantee for the performance of the work shall not exceed the maximum amount described above, without the benefit of a written Contract Amendment or a Funding Letter, described below, and executed by the State prior to the performance of additional activities or the incurring of additional costs. If the actual costs incurred for the work are less than the estimated total program costs, then the State's maximum share of such costs shall be reduced proportionally, unless a Contract Amendment or a Funding Letter has been executed by the State which reduces the required Grantee share or increases the State share. The Grantee may increase the Grantee share of costs of the work without any further State approval, provided that such increase shall not result in any increase in the State share. Section 5. Payment Terms The State shall reimburse the Grantee for the State's share of the eligible costs of the work as defined in the Contract Scope of Work (Exhibit B) actually incurred by the Grantee's satisfactory performance and completion of the work. Such reimbursement will be made in accordance with the terms of this Contract and with the reimbursement method(s), provisions and procedures described in Section II(9) and (11) of the Project Manual. The method of payment will depend on the type of work performed under the grant, and the State will decide which particular method of payment described in the Project Manual will be used for the work. Section 6. Legal Authority The individual signing this Contract for the Grantee warrants that he /she has the authority to sign this Contract on behalf of the Grantee, and that he /she has taken all necessary steps to ensure that he /she has been delegated authority to do so by the governing body of the Grantee. Section 7. Reporting Requirement The Grantee shall submit periodic and final reports to the State concerning the performance of the work, in accordance with the procedures and requirements described in the Project Manual and the reporting criteria described in attached Exhibit B. Section 8. Files and Inspection The Grantee shall maintain a complete file of all records, communications and other written materials that pertain to the performance of the work under this Contract including, without limitation, all cost records. The Grantee shall maintain such files for a period of not less than three (3) years after the date of termination of this Contract, or for such longer period as may be necessary to resolve any matters that may be pending. The Grantee shall permit the State to audit and/or inspect its records for the work during the term of this Contract and for a period of not less than three (3) years following the termination of this Contract, in order to verify appropriate use of State funds, to assure compliance with the terms hereof, and to evaluate the performance of the work. The Grantee shall also comply with the specific accounting, record keeping, audit and capital equipment requirements and procedures, as described in Section II of the Project Manual. Section 9. Termination Provisions A. Termination for Convenience The State may terminate this contract at any time the State determines that the purposes of the distribution of State moneys under the Contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services satisfactorily performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made, provided, however, that if less than sixty percent (60 %) of the services covered by this Contract have been performed upon the effective date of such termination, the contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this contract) incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. In no event shall reimbursement under this clause exceed the contract amount. If this Contract is terminated for cause, or due to the fault of the contractor, the Termination for Cause or Default provision shall apply. B. Termination for Default/Cause If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the contractor of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the contractor under this contract shall, at the option of the State, become its property, and the contractor shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Contractor shall be obligated to return any payment advanced under the provisions of this Contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the contractor is determined. If after such termination it is determined, for any reason, that the Contractor was not in default, or that the Contractor's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the Contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding The parties hereto expressly recognize that Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services/products provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon receipt of such funds by the State. In the event that such funds or any part there of are not received by the State, the State may immediately terminate this contract without liability, including costs for termination. Section 10. Grantee Commitment The Grantee shall submit to the State with the executed Contract an executed Applicant Notice and Commitment (attached to this Contract as Exhibit H). Section 11. Subcontracts and Assignment The Grantee shall not execute any subcontract for the performance of the work under this Contract without the prior written approval of the State. The Grantee shall ensure that all subcontracts contain express provisions requiring the subcontractor to make and maintain all records concerning the cost(s) and performance of the work and to allow the State to inspect, examine and audit such records, in accordance with the procedures described above and in the Project Manual. All subcontracts must comply with the requirements described in Section II(14) of the Project Manual. The Grantee shall not assign the Contract without the prior written approval of the State. Any assignment without such approval shall be void. Section 12. Severability To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 13. Entire Understanding This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 14. Grantee's Facility Obligations The Grantee shall keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements /equipment. The Division has determined that the useful life of the grant funded project shall be three years If the Grantee ceases operation or closes the airport, or otherwise fails to maintain the airport facility accessible to and open to the public during that entire useful life, then the Grantee shall reimburse the Division for the entire value of any unexpired useful life of the improvements/equipment, or a pro -rata basis, not later than 30 calendar days after that cessation/closure. If the Grantee ceases operation or closes the airport, or otherwise fails to maintain the airport facility accessible to and open to the public during that entire useful life, but does not comply with the paragraph above, then the Division has the right to enter upon the airport property and remove such improvements/equipment (if practicable) from the airport facility for use elsewhere for aviation purposes. _ In that event, the Division will own such improvements /equipment, vis -A -vis the Grantee, and the Grantee shall execute any documents necessary and/or take any actions requested by the Division to perfect the ownership. The Division has no obligation to take the action described above, but it may do so at its sole option and in its exclusive discretion. If the Division elects not to take such action, it may still pursue all available legal remedies. Section 15. Participating Resolution The Grantee shall submit to the State with the executed Contract a resolution (attached to this Contract as Exhibit E) that has been duly adopted by the governing board of the Grantee. The resolution must include the following: A. Designate a particular individual as the "Project Director" for the Grantee's performance of the work; B. Authorize the Project Director to take all steps and perform all necessary functions in connection with the work, as described in the Project Manual; C. Authorize the signatory named below to execute the Contract on behalf of the Grantee; D. Indicate that the Grantee has taken or will take all necessary actions to appropriate or otherwise make available all funds that the Grantee is required to provide for the work under this Contract, if any; and E. Accept and approve all terms and conditions of the Contract. Section 16. Contract Modifications A. Contract Option The state may require continued performance for a period of one (1) veaz for any services at the rates and terms specified in the contract. The state may exercise the option by written notice to the -- contractor within 30 days prior to the end of the current contract term in a form substantially equivalent to Exhibit F. If the state exercises this option, the extended contract will be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 (four) years. B. Funding Letters The state may allocate more or less funds available on this contract using a Funding Letter _ substantially equivalent to Exhibit G and bearing the approval of the State Controller or his designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller or his designee. Section 17. Special Provisions 1. CONTROLLER'S APPROVAL. CRS 24-30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24- 30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. The Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HE REIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON - DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. CRS 24-30 -202 (1) &CRS 24 -30 -202.4 Pursuant to CRS 24 -30 -202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18 -201 & CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Revised: 12/1/01 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: Bill Owens, mor �& BY: 1 /7(,�(l�i Aeronautics Division Director City of Pueblo (Legal Name of Contracting Entity) 8460006158 / / Department of Transportation (Social Security Number or FEIN) Signature of Umcer Bill Sov4, President of City Counci Print Name & Title of Authorized Officer CORPORATIONS and SPONSORS: (A corporate seal or attestation is required.) Attest (Seal) By (Town/ C r County Clerk or Equivalent Officer) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 2430 -202 requires that the State Controller approve all state contracts. This contract is not _ valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: By Dat Revised: 12/1/01 Applicant Agency City of Pueblo ( City, County, Authority, Other Project Location Pueblo Memorial Airport Mailing Address 31201 Bryan Circle Pueblo, CO 81001 Telephone Number (719) 948 -3355 Fax Number 719 948-4878 Email joneal @ci.pueblo.co.us Protect Period f1om^3aivary 1, 2003 to: December 31, 2003 City Manager d /�'�i /6Z► Title D e Return Original Application to: COLORADO DEPARTMENT OF TRANSPORTATION Aeronautics Division 5126 Front Range Parkway Telephone: 303 - 261 -4418 Watkins, CO 80137 Fax: 303 - 261 -9608 Project Summary: Slurry seal and crack seal east ramp, Taxiways J and M, and the eastern porti of Taxiway K. Project Funding Summary: ITotal $ 193,000 CDAG $ 154,400 1 11-ocal $ 38,600 10ther $ Project Costs by Activity: LCI Match I Maint. linfrastructure JEquipment I Safe Nav Aids I Planning I Econ. Devel. I Land acquis. lFuel Identify the existing problem: The pavement on the east ramp area, Taxiways J and M, and the eastern portion of Taxiway K are in need of slurry seal and crack seal to prolong the life of the pagement. How is the problem to be addressed: A.colitrantot will be pined to crack seal and slurry seal the pavement. Define the proposed project in detail: _ Define work parameters by including a detailed map of the proposed project site. Approximately 71,1:00 s.y. of pavement on the east ramp area, 13,000 s.y. of pavement on Taxiway J, 4,250 s.y. of pavement on Taxiway M, and 21,750 s.y. of pavement on the eastern portion of Taxiway K for a total of 110,100 s.y. of pavement. See attached map. If state grant funds are not available, how will the project be financed: -- The project will not be done-, Attach additional pages if necessary i-unaing Sources 1 1. CDAG Grant Funds Requested 1 $154,400 2. Local In -kind $ 0, 3. Local Cash $38,600 4. Federal Funds $ 0 t , 5. Other Funds ( identify source $ 0 1 6. Total Other Funds Items 2,3,4,5 $ 38,600 1 7. Project Funding Summa items 1 +6 1 $193,000 Budget Summary Define individual elements of each budget item. TOTAL $ Grant Share % Other Sources % Capital Equipment Maintenance Services $193,000 $154,400 80% $38,600 20% Facilities Improvements Project Grand Total $193,000 $154,400 80% $38,6009 Assessed Valuation ( sponsoring agency) 1 $646,414,660 l Airport Long Term Debt .x Annual Budget for Sponsoring Agency r 01�4 144 Annual Budget for Applicant Airport if a licable Name City of Pueblo Finance Department Phone (719) 584 -0845 Address 1 City Hall Place Fax (719) 584 -0844 City Pueblo St CO Zip 81003 On -site project director Name John O'Neal Phone (719) 948 -3355 Address 31201 Bryan Circle Fax (719) 948 -4878 City Pueblo St CO Zip 81001 email ioneal@ci.Pueblo.co.us 1 HIGH POINT .....� .. .... /` �� .rW I i 7 24 9 – ¢ — - - m I 290 I � I 0 I ___________ ______ _ __ ___ __________ e 75� -- -- --- -- - ---- F ,r r dI WY NIA .. ' � • �L y DATE: 1999 ANNUAL RA CHANGE: 0'. SOURCE: U! GE "i ^�iJ J 1 all * + 4 s w3 800 0 800 �tl00 son (1 v 5JY"(1 � "i ..... X �5CALE IN FEET .Pn'tt ' .... ... - 0.30 METERS �- �` DR1'AIL "A" �, 1 METER 3:2506'F�ET TYPICAL STOP BAR LCC A r STA. 18+98.8, R/W /28R - 23(E) I o L'STA. 21 +50.0, p 4@30 I ! n : I�.,1 EL 4888.1`. ( / ). r II(E) .. MIQ7 PONT 71 28R ♦ " I I EXISTING ARP 4 I / I STA. 38+93._ .. .. . STAL . a ' • E) FU RE ARP BRL i I SEE DETAIL 'A' " "ia•u' "�• �, - ,` 800 ROFA \ 30(E) �--- - - -- ----=-- -- - ---- —.N 2 � -- ^- -- --`- --- - -- --- ---- -- - - -- — - ------ �. 24 .500 , RSA ,] 1s .. ,� rM�, 29(F) T – RUNWAY 8L 26R 10,498 x 150 EXISTING N 88'1838 ETRUE – – '' – — ''. 75 N ________ GC ___ ___ _ _ __ _ ... 250' ROFA` SEE NOTE 3 .. E %ISTING RPZ ERL .i... i 1(E [� 3(E) BRL .. E Pp RPZ :.. ._........ ,AZPRO cCH RFACE 6 SURF / I 4(E) I ) (2 0 z1D00'z450 (< 3/4 MILE C AN ) D 0 AIRCRAF" SURFACE 12 F) 'I E)1 E 1 E 7(E) O 2 E] 17(E) `ASUAL SMALL AIRCRAFT ONLY) . AIRCRAFT ONLY) x 11 E I 9(F) .... .. 0 ... I G E) M ...!•-.••� . ' . _ .I 21 (E) x ■ ... ■22(E) ■ .■.■ a�� III EL 4638 ..I IL } ■�■ ` - 0 EL 4633.2 I �� ■ �� ULJUI —L_.l� • 1. 4633.7 .. 29.4 63 O .. ... _ . , O 1 42.1 — L')48.1 —JJJ�J 4628. .o . - F AFT) .. • ., ' GRANTEE — City of Pueblo GRANT NUMBER - 03 -44 -12/10 Activity # Activity Description Objective: 1) TO PERFORM PAVEMENT MAINTENANCE ON DESIGNATED AIRPORT SURFACES CAPITAL EQUIPMENT MAINTENANCE SERVICES 0344 -12/10 (a) Develop project specifications for appropriate pavement surface treatment with the assistance and approval of the CDOT- Aeronautics Division staff. 03-44 -12/10 (b) Advertise to obtain competitive bids according to the standard procurement procedure of the sponsoring agency. Submit final bid tabulations to Division for review and approval. (Provide sole source justification if appropriate.) (State: $123,520.00 Local: $30,888.00) 0344 -12/10 (c) Certify satisfactory completion of the granted project FACILITIES IMPROVEMENTS ELIGIBLE ENGINEERING SERVICES ATTACHMENT B COLORADO DEPARMENT OF TRANSPORTATION DIVISION OF AERONAUTICS CONTRACT ATTACHMENT C - APPROVED GRANT BUDGET GRANT PROJECT NO. 03-44 -12/10 CITY OF PUEBLO GRANT FUNDS APPROVED GRANT OBJECTIVE I Pavement maintenance J J 1 APPROVED EXPENSES STATE I % I LOCAL I % 123,520.00 1 80 30,888.001 20 ly��l� :7cl�s�i1 154,408.00 FACILITIES IMPROVEMENTS MAINTENANCE SERVICES $154,408.00 CAPITAL EQUIPMENT ENGINEERING SERVICES COSTS I TOTAL $154,408.00 ATTACHMENT C STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Aeronautics 5126 Front Range Parkway Watkins, CO 80137 (303) 261 -4418 FAX (303) 261 -9608 COLORADO DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS AERONAUTICAL BOARD RESOLUTION 2002 -1 A RESOLUTION AUTHORIIZING THE UTILIZATION OF AVIATION FUND REVENUES TO FUND DISCRETIONARY AVIATION GRANT AWARDS AND AUTHORIZING THE DIRECTOR, DIVISION _ OF AERONAUTICS, TO ADMINISTER STATEWIDE AVIATION GRANTS ON BEHALF OF THE AERONAUTICAL BOARD IN THE EXECUTION OF SAID AWARDS. WHEREAS, the Colorado general Assembly acknowledged that there exists a need to promote the safe operation and accessibility of aviation in this State, that improvements of transportation facilities will promote diversified economic development across the State, and that accessibility of airport facilities to residents of this State is crucial in the event of a medical or other type emergency (C. R.S. 43 -10 -110); and WHEREAS, moneys credited to the Aviation Fund shall be those tax revenues collected in accordance with C.R.S. 39 -26 -104, 39- 27- 112(2)(b) and C.R.S. 43 -10 -109 and shall be used exclusively for aviation purposes (C.R.S. 43 -10- 110(1); and WHEREAS, distribution of tax revenues so collected shall be disbursed to public- accessiblt airports in accordance with C.R.S. 43 -10- 110(2) and thamoneys in the Fund not transferred to governmental entities operating public - accessible airports as provided in Subsection (2) and not appropriated for administrative purposes, shall be awarded as grants pursuant to the provision of Section C.R.S. 43 -10- - 108.5; and WHEREAS, the Division is charged with administering the State aviation system grant program (C.R.S. 43- 10- 103(2)(8); and WHEREAS, the Board has established procedures for the administration and distribution of moneys credited to the Aviation Fund created in C.R.S. 43 -10 -109, to support the development of aviation facilities at public airports, commercial service airports and reliever airports; and WHEREAS, the grant program shall be implemented and administered by the Division and the Board (C.R.S. 43 -10- 108.5(1) and that a public - accessible airport may apply to the Division for State aviation system grant to be used for aviation purposes (C.R.S. 43 -10- 108.5(2); and WHEREAS, application shall have been received by the Division and sufficient moneys exist in the Aviation Fund to administer a State grant program NOW, THEREFORE, BE IT RESOLVED that the Colorado Aeronautical Board hereby authorizes aviation system grant awards in the amount noted in Attachment A to grantees in accordance with C.R.S. 43 -10- 108.5. BE IT FURTHER RESOLVED that the Board authorizes the Director, Division of Aeronautics, to apply to — the Joint Budget Committee of the General Assembly for additional spending authority equivalent to the total funds credited to the Aviation Fund and sufficient to fund those grants awarded, as identified in Attachment A, and augment the State Infrastructure Bank. BE IT FURTHER RESOLVED, that the Board authorizes the Director, Division of Aeronauticsi to. administer said grants and to enter into contracts with the grantees identified in AttachmentA pursuant to specified awards in accordance with C.R.S. 43 -10 -108.5 (3). — RESOLVED, PASSED AND ADOPTED this 4' day of October, 2002, in Estes Park, CO. Dale K. Ha , Chairman ATTEST: Travis Vallin, Director CDOT- Aeronautics Division r 2003 COLORADO DISCRETIONARY AVIATION GRANT PROGRAM ATTACHMENT A match Alamosa County San Luis Valley 5 40,000.00 114,500.00 91,333.00 2,283,333.00 50,000.00 137,000.00 2,511,666.00 Local match-RANey re construction .1 ji, . , it i Z'T 11 :i,= ".:i n i 110 T,!!! !!! ... . . ... ... . V 1 1; 1: . . L ing a . ... ... . . Springs CO S rin s. Muni MIT I iii iii INE 111 . .. . ... ... .. a 100,000.00 2 11,118,269.00 100,000.00 . ... .. ... ... Local match - rehab 17R-35L i� pp;­ Arapahoe County Centennial 75 lil M, 75,000.00 25,000.00 CO Civil Air Patrol Fit Collins/Uland 45 75,000.00 75,000.00 100,000.00 Pvt. Mnt.TAqay"B"&17R/35L Construct ops ctr.( *airDort funds) i: A -1 Uri; . .. ... . .. .. .. .. . .. . ... ... ... Archuleta Countv Stevensi 3 123,861.00 381,667.00 6,150,000.00 123,861.00 6,655,528.00 Local match-Ph 1 I/reconstr.-AWOS 17 Chaffee County H.Alweder-Salida 80 1 40,000.00 10,000.00 40,000.00 50,000.00 Crack fill R/way: rehab ramp j T I I—-, �.. ­': "! : 1 1 1;: . . ... ... ! A .1 ji, . , it i Z'T 11 :i,= ".:i n i 110 T,!!! !!! T I V 1 1; 1: . . L ing a Colorado Springs CO S rin s. Muni 1 100,000.00 2 11,118,269.00 100,000.00 14,134,487.00 Local match - rehab 17R-35L lil M, CO Civil Air Patrol Fit Collins/Uland 45 75,000.00 27,500.00 *75,000.00 Construct ops ctr.( *airDort funds) 10.833.001 10.833.00 1 1 ch - Airport Master Plan Istriging on R/way/farot crackfill 8DDI.Anstall PA LqLvj Eagle County Ea le 12 1 200,000.00 100,000.00 2,250,000.00 200,000.00 2,550,000.00 Construct ATCT i E: 1: T El Town of Erie Erie Municipal 5 9,585.00 9,585.00 172,537.00 9,585.00 191,707.00 Local match - T/w constructi J .- '1077:711, 17; .. . .. ... ... . ij j; ill 111 El� T kj�l t� I P�J:�]j: Fantasv Fliaht Found. 49 25,000.00 25.500.00 25,000.00 50.500.00 Aviation education RESOLUTION NO. 9654 RESOLUTION APPROVING A REQUEST AND APPLICATION BY THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR GRANT ASSISTANCE FROM THE COLORADO DIVISION OF AERONAUTICS IN THE FORM OF A STATE AVIATION SYSTEM GRANT, DESIGNATING THE DIRECTOR OF AVIATION AS ITS ON -SITE PROJECT DIRECTOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPLICATION AND TO ACT ON RELATED MATTERS WHEREAS, 1. The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 ("the Act") in C.R.S. 43 -10 -101 "...that there exists a need to promote the safe operations and accessibility of general aviation in this state; that improvements to general aviation transportation facilities will promote diversified economic development across the state; and that accessibility to airport facilities for residents of this state is crucial in the event of a medical or other type of emergency... ". 2. The Act created the Colorado Aeronautical Board ("the Board') to establish policies and plans for the growth and development of aviation in the state, and to establish procedures for the administration and distribution of monies credited to the aviation fund to be used solely for aviation purposes at public - accessible airports, including procedures for the state aviation system grant program. SEE, C.R.S. 43 -10 -105 of the Act. _ 3. The Act created the Division of Aeronautics {"the Division ") to support the Board in fulfilling its duties. The duties of the Division in supporting the Board include providing administrative support to the Board in the distribution of monies _ credited to the aviation fund for aviation purposes, providing advisory assistance to airports providing access to. the public, including technical and planning assistance, and implementingladministering the state aviation system grant program established solely for aviation purposes. SEE. C.KS. 43 -10 -103 and C.R.S. 43- 10408.5 of the Act. _ 4. Any entity operating a public - accessible airport in the state may apply to the Division for a state aviation system grant to be used solely for aviation purposes. SEE. C.R.S. 43 -10- 102(3) and 43 -10- 108.5(2) of the Act. 5. The Applicant is a public - accessible airport or an entity operating such an airport in the state and has filed an application with the Division and the Board for a state aviation system grant to be used solely for aviation purposes. 6. The Division is authorized to assist only those public - accessible airports or entities operating such airports that request assistance by means of a resolution passed by the governing board of the airport or entity and forwarded to the Division. SEE, C.R.S. 43- 10- 103(5) of the Act. 7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to the Applicant shall be contingent upon the prior receipt by the State of a resolution that has been adopted by the duly authorized governing body of the Applicant and that expressly satisfies certain grant procedures and requirements, as described below. 8. The Applicant desires to request such grant assistance by means of a resolution passed by Applicant's duly authorized governing board, in order to comply with C.R.S. 43- 10- 103(5) of the Act and to satisfy certain grant procedures and requirements. The Applicant intends that the resolution: a) designate the individual authorized by the Applicant to execute the application on its behalf and to act in all related matters as the Applicant's Project Director for the project proposed in the Application, as described in the Division's Grant Program Project Management Manual (' the Manual'); and b) commit the Applicant to comply with all terms and conditions of the application and all guidelines, policies, procedures, and requirements described in the Manual if a grant for the project is awarded to the Applicant by the Board; and c) obligate the Applicant to appropriate or otherwise make available in a timely manner sufficient funds, if any, that are required from the applicant for the application project. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo, as the duly authorized governing body of the grant Applicant, hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant. The City of Pueblo states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. SECTION 2. The City of Pueblo hereby designates the Director of Aviation as the On -Site Project Director, as described in the Manual, and authorizes the City Manager to act in all matters relating to the work project proposed in the Application on behalf of the City, including execution of the grant application. SECTION 3. The City of Pueblo has appropriated or will appropriate or otherwise make available in a timely manner all funds, if any, that are required to be provided by the applicant under the terms and conditions of the grant contract. SECTION 4. The City of Pueblo hereby accepts all guidelines, procedures, standards, and requirements described in the Manual as applicable to the performance of the grant work if the Board awards a grant for the project to the City of Pueblo. INTRODUCED: August 12, 2002 _ BY: Al Gurule CIL PERSON APPROVED. PIMSIDENT OF CITY COUNCIL ATTESTED BY: C CLERK Exhibit F - SAMPLE OPTION LETTER Date: State Fiscal Year: Option Letter No. SUBJECT: (Please indicate purpose by choosing one of the following) 1— Option to renew only (for an additional term) 2 — Change in the amount of goods within current contract term 3 — Change in amount of goods in conjunction with renewal for additional term 4 — Level of service change within current term 5 — Level of service change in conjunction with renewal for additional term In accordance with Paragraph(s) of contract routing number , [ your Agency code here ], between the State of Colorado Department of Transportation - Aeronautics Division, and [contractor's name 1 at a cost/price specified in Paragraph/Section/Provision AND /OR an increase /decrease in the amount of goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit. The amount of the current Fiscal Year Contract value is increased/decreased by ($ amount of change) to a new contract value of ($ ) to satisfy services/goods ordered under the contract for the current fiscal year (indicate fiscal vear) The first sentence in Paragraph/Section/Provision is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is [ $ APPROVALS: State of Colorado: Bill Owens, Governor By: Date: Director, Aeronautics Division Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Arthur L. Barnhart By: Exhibit G - SAMPLE FUNDING LETTER Date: State Fiscal Year: TO: [ Contractor's Name here ] SUBJ: Funding Letter No. In accordance with Paragraph of contract routing number , between the State of Colorado Department of Transportation and [contractor's name l covering the period of (contract star date ) through (contract end date) the undersigned commits the following funds to the contract: The amount of funds available and specified in Paragraph _ is (increased/decreased) by ($ amount of chan a to a new total funds available of ($ ,_--) to satisfy orders under the contract. Paragraph is hereby modified accordingly. This funding letter does not constitute an order for services under this contract. This funding letter is effective upon approval by the State Controller or such assistant as he may designate. APPROVALS: State of Colorado: Bill Owens, Governor By: Date: Director, Aeronautics Division Colorado Department of Transportation By: Date: For (Division) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Arthur L. Barnhart By: APPLICANT NOTICE AND COMMITMENT The purpose of the Colorado Discretionary Aviation Grant program is to support and improve the state aviation system by providing grants, to be used solely for aviation purposes, to entities operating airports that are accessible to and open to the public. That purpose is not served if an airport receives a grant, but then ceases operation or otherwise closes to the public before the expiration of the useful life of any improvements made, or facilities/equipment purchased with the grant. In that event, the grant is not being used for aviation purposes, at an airport that is open to the public, as required by law. Therefore, this is to NOTIFY each airport- operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements /equipment; or b) to reimburse the Division for any unexpired useful life of the improvements/equipment, on a pro -rata basis. By signing this application , the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Contract of Award. By signing this application, the applicant also affirms that it will endeavor to promulgate the enactment of local ordinances, regulations and restrictions to provide land -use protection of its airport as a designated area of state interest, as prow' n C.R.S. 24 -65.1- 202(4) and (4)(a) and 24- 65.1- 204(3). Bill Sova Signature President of City Council