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HomeMy WebLinkAboutC03-336 CDOT Aeronautical Board e ()$ -33(,-70 It .. COLORADO DEPARTMENT OF TRANSPORTATION COLORADO AERONAUTICAL BOARD COLORADO AERONAUTICS DIVISION I I I I I COLORADO DISCRETIONARY A\rIATION GRANT PROGRA!\A 2004 ~ ~ I~ I ) .~ I I ~.; III n I I J . I .J . CONTRACT This Grant Contract, made this /0 -fb:day of ~u... , 2002, 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 Eaele Countv. 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 thereofremainB available for payment in Fund Number 160. Appropriation Code 033 ..Org Unit 0094. Grant Budget Line No. 4-114. FEIN 846000762A: Fiscal Coding: 160 HAA 009403350000072 5120 1 N 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 ofC.R.S. ~ 43-10-108.5; WHEREAS the Grant Program must be used solely for aviation purposes, as defined in C.RS. ~ 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 (Exlnbit 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 adminililtrative and technical ability to properly complete the objective and activities descnbed in Exhtbits 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 descnbed in the ExhIbit A and B; WHEREAS, this Contract is executed by the State under authority ofC.RS. ~ ~ 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. fi 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. I. I NOW, THEREFORE, it is hereby agreed as follows: j il..... =1 I I I Section 1. Scope of Work The Grantee shall satisfactorily perform and CQmplete 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 exhibif$ or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: ~l , 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. ExhIbitG H. Exhibit D I. Exhibit E J. Exhibit H K. Exhibit A I J Section 3. Performance Period - This Contract is made this _day of .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. 2006 unless otherwise terminated as provided herein. Section 4. Price/Cost The Grantee shall comply with the budget for the work, as descnbed 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 $2.229.600.00. 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: B. Grantee Local Match Amount: $210,000.00 $1,190,000.00 C. Maximum Other Amount(s): $829,600.00 Total Grant Budget $2,229,600.00 The maximum State share amount of the Contract shall be comprised entirely and exclusively of moneys from C.RS. ~ 43-10-1 09, 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 descn'bed 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. I. I If the actual costs incUlTed 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. j il ~~~J I j B E;1l ~I Section 5. Payment Terms The State shall reimburse the Grantee for the State's share of the eligtble 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 descn'bed in Section ll(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 descnbed 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. I J - I 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 descnbed in the Project Manual and the reporting criteria described in attached ExhI'bit 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 oftbis Contract, in order to verify appropriate use of State funds, to assure compliance with the terms hereo;t 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 descnbed 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 distn'bution 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 thereo;t 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. , . I I iiJ Co" 1 1 j ~ ~ ~~I J - ~ . 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 attnbutable 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. ~1 B. Termination for Default/Cause It: 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 rightto 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 descnbed above and in the Project Manual. All subcontracts must comply with the requirements described in Section 11(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. Is I j ~ i I j g ~ '1 I I I J - ~ . 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 in accordance with federal erant assurances. 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-mta 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 descnbed 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 descnbed 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 I~ I I ~ I I I n ~ j J I I ~ . Section 16. Contract Modifications A. Contract Option The state may require continued performance for a period of one (1) year 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 thirI;y (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. I~ bd '1 " I ". ~ ~ J - ~ . Section 17 SDecial 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. To the extent authorized br. law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, ~es, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omisston by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection. or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the FedemlTort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CON1RAcroR SHAIL PERFORM ITS DUTIES HEREUNDER. AS AN INDEPENDENT CON1RAcroR AND NOT AS AN EMPLOYEE. NEl1HER. THB CON1RAcroR NOR ANY AGENT OR EMPLOYEE OF THB CON1RAcroR SHAIL BE OR SHAIL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THB STATE. CoN1RAcroR SHAIL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THB STATE PURSUANT TO THIS CON1RACT. CoNTRACTOR ACKNOWLEDGES mAT THB CON1RAcroR AND ITS EMPLOYEES ARE NOT ENnTLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THB CONlRACI'OR OR 1HIRD PAR1Y PROVIDES SUCH COVERAGE AND mAT THB STATE DOES NOT PAY FOR OR O1HER.WISE PROVIDE SUCH COVERAGE. CoN1RACI'OR SHAIL HAVE NO AUlHORlZATION, EXPRESS OR IMPLIED, TO BIND THB STATE TO ANY AGREEMENTS, UABILl'lY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CoN1RACI'OR SHAIL PROVIDE AND KEEP IN FORCH WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTBD BY THB STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THB AMOUNTS REQUIRED BY LAW, AND SHAIL BE SOLEI. Y RESPONSlBut FOR THB ACTS OF THB CON1RACI'OR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and fedemllaws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 7. The laws of the State of Colorado and mles 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 fedeml and state laws, roles, and regulations that have been or may hereafter be established. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions. the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State detennines that the Contractor is in violation of this paragraph. the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 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 I J I j Ii..-.-.... C4 1 . j rn J J I I .....\ 0- beneficial interest whatsoever in the service or property described herein. THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: Bm~ ()~ BY. :-....:z;::2 Aeronautics Division Director Eagle County (Legal Name of Contracting Entity) 846000762A (Social Security Number or FEIN) Department of Transportation \OI'Y\ C" oS-tnn.() C".\v..6tYl"Ofh -\1o-t-~ Print Name & Trtle of Authorized eer CORPORATIONS and SPONSORS: (A corporate seal or attestation is required.) ALL CONTRACTS MUST BE APPROVED BYTBE 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. H 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 Date I · L j lm [7-1 ) ) I . I I I I ATTACHMENT A J fI I I ......j I :- I · j ~ I ] ~ ~ I J - I I ~ eo 5 - Z. z.. q.- tp; , , , 2004 .' OOLORADO' D1SCFf$,.IONARVAVIATION OR'ANT PROGRAM, APP'LICATION State of 'Colorado IProJect Location Eagle County Airport Mailing Address P.o. Box 850. Eagle. co 816:31 Telephone Number 970.524.8246 Emall ecair@eagle-county.com Fax Number 970.524.8247 'to: November 2004 8-/f ' Date Facilities Director Title COLORADO DEPAR MENT OF TRANSPORTATION Aeronautics Division 5126 Front Range Parkway, Watkins. CO 80137 Telephone: Fax: 303-261-4418 303-261-9608 Project Summary: See attached Project Funding Summary: lrotal $!,:lZ9,bUU ICDAG $;!1U,UUU ILocal $ , IOther$2,019,600 I Page 1 of 4 I . I I ~ I:" I I ~ I I I J I I ~ ,.."."';mm.dl';Uflfl~aJtll Project Costs by Activity: Lcr Match Nav Aids Malnt. Planning Identify the existing problem: See attached How Is the problem to be addressed: See attached Define tlie proposed project In detail: Define work parameters by including a detailed map of the proposed project site. See attached Safety Fuel If state grant funds are not available, how will the project be flnanced~ See attached Attach additional pages if necessary Page 2 of 4 I. I ) ~ I j ~ ~I I J - ) Budget Summary Define Individual elements of each budget Item. ~ TOTAL $ Grant % $Other % Share Sources Capital Equipment 190,000 190,000 9.5 Maintenance Services Facilities Improvements 2,039,600 210,000 100 1,829,600 90.5 Project Grand Total 2,229,600 210,000 9.4 2,019,600 90.6 Page 3 01 4 I · I I ~ I I f%.iJ , ~ I J 11,','>- JtJ I ~ " c':!',",lJffiaD~lilti.l!riJa'ffi~i1tfai1~;,flij~~lDlillle~}llr~~, ," IAirport Long Term Debt $1,968,609,490 , 1$ None I $72,017 ,478 $;~.9;194 ,,935'.. _ Name Rich Cunningham Address P.O. Box 850 City Eagle Phone970.328.8881 Fax 970.328.8899 Zip 81631 St CO On-site project director Name Rich Cunningham Address P . O. Box 850 City Eagle Phone 970.328.8881 Fax 970.328.8899 Zip 81631 St CO email rich.cunningham@eaglecounty.us Page 4 of 4 I. I j ~ I I I Page 1 of 4 Project Summary: Eagle County proposed'to construct a permanent air traffic control tower which meets or exceeds FAA criteria. This tower will replace the Airport's temporary tower. This temporary tower has been in use since 1993 and is no longer functional as its small size and lack offacilities now compromises the effectiveness and efficiency of airport operations. -' ~ Page 2 of 4 cz 1 I I Identify the existing problem: In 1993, increases in commercial and general aviation aircraft compelled the FAA and Eagle County to control air traffic through the implementation of air traffic control , services. In 1995, continued growth necessitated expansion of air traffic services into a twelve month/seven d8.y per week program. In 1996, Eagle County was awarded a COOT Discretionary Grant of $95,000 to raise and relocate the temporary facility. Since 1996, air traffic has increased by 199.1 % and the temporary facility is no'longer functional. Its small size and lack of facilities now compromises the effectiveness and efficiency of airport operations. I J ,. I How is the problem to be addressed: A permanent facility that meets or exceeds the criteria for control towers set forth by the FAA is the solution to air traffic control. Eagle County is committed to the construction of a permanent air traffic control facility. Eagle County will construct this tQwer through funding from CO sm, AIR Cost Sharing Program, FAA AIP,' and local funding. The tower will meet the requirements of FAA Order 6480.7c, OSHA standards, and be designed for future installation of radar. The Tower will be required to have a life expectancy of no less than twenty years. --l Derme the proposed project in detaU~ Define work parameters by including a detailed map of the proposed project site. See Attachment A for detailed schedule of estimated costs. H state grant funds are not available, how will the project be financed: If state grant funds are not available, this project will not proceed. Grant funding is a key component in funding this project. EXHIBIT A Eagle County Airport (J) ...olorado Discretionary Aviation Grant Program Construction of an AIr Trafflc Control Tower Site 3 J 7 Floors (S96 sf). Cab (9S8 sf) + CalWalk (60S sf) S.73S ' SoF. ~ ~ n...:ripllOD 1 bSl'1I ,I Otv UD11S Cost 3OlIO 1'_ 175 cr 1385.00 S67,J.".lIO 401111 ___I 4.m SF S1i'75 so.m.2S - _ _llolalod 2,7Q1 SF 112.75 SU,UllIII - _lln!sIl 4,Bll1 SF suo mom.1II - _FIaorSlall 1\ cr - gA2iiiiil 3OlIO FIaorDcdao&T"""""" ~ J,37Z SF IU, 1J7,!U.BlI - ""&c-Jk_ 40 cr sm.oo J:lI,2GO.III - srar......... S fI.ll I8.2SO.lII 549_ - --,-!!lWIIt....... . 2.MD tp 57.75 J2lI._III - l>>I'ImalqA _FloIsIa . PSI SF I1ll1.l1O I1OS,3lO.111 70lllI RooI' curb,""'- &.......... I IS 148,7S0.111 I41,7S0.GO 70lllI 1- 2,7S0 Sf 57.2S J2lI.olo.III - DooII, ClIb~&_ I,m SF - 1111,07.11I lIIllII sad FRP AACl' S,DIP SF '- il - "'-&_(2Dd1laDqbClli .!Q !I'f _ad - TiIo&_ GIll SF m.75 II' 5ICIOO wd!I, ...... ii=' 5,DlP SF - S2S .00 1- _'s- I IS SSS,4OO.110 SSS_ IS Rill IS Roo IS Rill IS RGO IS RGO 1_ Flro I I 11lIP SF lUll 1ZI~..n75 IJCllII - ,,au Sf I12.2S saI,4B2.7S IJCllII RVAC ,ma SP IILSO D2,1S1.50 1- m.iaW I.ll1P SF I:I3.SO 1117........ AddlIlaaaI_,_ImIII-lll<IlIIllIlIa I II 1IIII,DlII.DO _Ill.... I su.oao.ao m,DalJ.GO , - I llI.oao.ao III,llIIIl" lilr__ I II II"oao.GO - I S2,IIlII.lII ~iiIliD10 I, IlA II I 'i&id - Ii,': IJ l J ~ ~ ~ DcscdplIan IlaIiuiaIii Cost , IS IS RGO SIIlO III S1 -,,IIOll.III m,OlllI.lII S7,5OO.l1ll - m1claa3dt, mI ~ -=l l::::::1 D=lcripIIan ~ UnIIo ~I ' Cni:t Wort I,CIlII cr III.GO III GO CIrar lIIld Gnd> I IS D.SGO.III a.sao.DO _CoolrDI 150 ' tp SJ.SO -"m.ao 1Ia:IrbI_ I IlA m,OlllI.lII ~ "~lllII__ IDO ' tp S4S.111 S4,5OO.l1ll FlroK_ 1 IlA S2,7SO.GII ' ,., '",,,11I ..-- 100 tp m.1II SS.-OO 0lmmIIalaIla0:4.4" _&1'\1II- 2Sll tp , szo.oo "~1lIIIl00 -- lI4lI SF Sl2.1IO 57"""-11I - L2llD SF 14.75 S!,llIIS.III _CamlI.I~""""'" 2U cr S3I.III p....~m -.'4" A!pIIaJt. CIlOI'Mlx I 110 ,.... m.1II S4,Utl.GO 1"'1tIIl \.Ira _Il" 0 BY suo so.DO I....... ""- 10 I!a SlllI.IiI .....DO 1_& I IS Sl,0II0.1II l1,mD_CO & 15_ SF so.I5 .......00 1__tra.a&tI1nl<' 3lIll tp gP.lII S11.ltIO.OO r........_IZ4'__~ 1 IS I>SJIlIlml ~GO - I IS....... SSoao.DO "-- I S2,OIIO.GO S2,OOQ.OO RlI__ RGO so.DO 1_- SlUllI so.DO 6 ,.,.....o!larges I DO ~ JlllS_fiIll~ I SS, DO IS,....-... ~_iit"l I IS ~14 114 D9S.50 ~ . I T --rQtiir an Ql7 U1lIlS 1 Cost I I!A SS,5Oll.111 SS,5Oll.GO Ilal&nml I I!A 1110,511.18 IISO,&ILlI _~CoIlslIlldillll(WEP&A' I IlA 1G,577.n SG,577.n SIle_-=_SllIllyn=rNn I SA 110,110O.11I S1O,oao.oa ClwllDalgo & 50% 1'Io]eCl Supl:l'l!sloo to 3Q4ays I SA 118O,BOlI.III SIBD,\lllO.DO _lllrtclmbwabla I Rill so.OO 104\ b!amllDa fiIll I J2lI.OIIO.OO S20.0a0.oa balIllIq ........ I SS!,33S.00 SS',33S.oa _llIllI__d_1_r.a I S6D,ooo.GO S6D,otlD.OD !lllIIlha lr>llmrwlon \ S!,OOllGO SS,Dlll.GO 1"""""8 I Il,ooo.GO 51,000,00 curveylog I S2,000.00 S2,1IOO.OlI , ~""".iliiii'cdl!ll""" I 117\,D25.44 5171.D25.44 ~ . i!1lL .. !l;Ji} " " Note: Anticipated cost now ~~~_~'''='''''''__lW_''''_"""",,,,__.nnm..... below ori2inal estimate. <=I [..;.1 I . · I J ~ I J I I~l .-l ! I '---_i --1 J I. I J I I ] I I lJ I hJ -1 ) Colorado Department of Transportation Division of Aeronautics .,. COLORADO AERONAUTICS DMSION ~!.. I Contract Attachment B - SCOPE OF WORK " , GRANTEE - EAGLE COUNTY GRANT NUMBER - 04-11-13/9 Activity # Activity Description Objective: 1) to participate in the construction and certification of air traffic control tower facilities at the Eagle County Regional Airport. CAPITAL EQUIPMENT MAINTENANCE SERVICES FACILITIES IMPROVEMENTS 04-11-13/9 (1) Verify availability of additional funds for the final phase in the construction and certification of air traffic control tower to meet FAA standards. (State: $210,000.00 Federal: $829,600.00 Local: $1,190,000.00) ELIGmLE ENGINEERING SERVICES 04-11-13/9 (2) Certify satisfactory completion of the granted project. ATTACHMENT B Page 1 of 1 I I . I J ; _Hi J I 9 ) J ~ I ~ I ) ATTACHMENT C I · I I ~ 'I ] ~ Q ~I I J ~ j ~ COLORADO DEPARMENT OF TRANSPORTAnON DMSION OF AERONAUnCS CONTRACT ATTACHMENT C - APPROVED GRANT BUDGET GRANT PROJECT NO. 04-11-1319 EAGLE COUNlY GRANT FUNDS APPROVED ~~~~~~~~~~~~@1~1l1~1~~~~~~i~~~~~~~~1@1~1~~~~~~~~~1~1~1@~~~~1~1~1~1~~~~~~~~~~~1~1~1~1~1~1~1~1~~~1~~~~~~~~~1~~~1@1~1~1~~~~~1l1~~1~1~1~1i1~~~1~1~~~~~~~1~1~1~~~~1~~~~~~~1~1~1~~~M1~~@1@~@1~1~~~1~1~1~~~..RQi1~Q.fi~fi'mJl~1~[~1~~~1~~~~~1~~~~~1~1~1~1~~~1~1~~~~~~~~~~~~m~111~~~l~1~1~1~1~1~1~~~~~1~1~~1~1~1~1~1~1~1~1~M~~1l1~1~1~1@~~~~~~111~1~1~1~1~1~1~1~1~1~m~1~1~~~1~1~~~~~M1~1~~~1~1~t~1~1~~~~~ GRANT OBJECTIVE STATE % LOCAL % FEDERAL % TOTAL COSTS A TCT Construction 9.5 829,600.00 37 2,229,600.00 210,000.00 1,190,000.00 53.5 APPROVED EXPENSES FACIUTlES IMPRPOVEMENTS $2,039,600.00 MAINTENANCE ,SERVICES CAPITAL EQUIPMENT $190,000.00 ENGINEERING SERVICES COSTS TOTAL $2,229,600.00 ATTACHMENT C Page 1 of 1 1 ~ . I , I ~ 1 c J I I ~ ~ I ,..J ATTACHMENT D I · I I ~,'~, ~~1 - ] , j Q -I ! I J ~ I .,.J 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 2003-1 A RESOLUTION AUTHORIZING THE UTILIZATION OF AVIATION FUND REVENUES TO FUND DISCRETIONARY AVIATION GRANT AWARDS AND AUTHORIZING THE DIRECTOR, DIVISION OF AERONAUTICS, TO ADMINISTER STATEWIDE AVIATION GRANTS ON BEHALF OF THE AERONAUTICAL BOARD IN THE EXECUTION OF SAID AWARDS. WHEREAS, the Colorado General Assembly acknowledged that there exists a need to promote the safe operation and accessibility of aviation in this State, that improvements to 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 emergency (C.R.S. 43-10-110); WHEREAS, moneys credited to the Aviation Fund shall be those tax revenues collected in accordance with C.R.S. 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 publicly-accessible airports In accordance with C.R.S. 43-10-110(2) and that moneys in the Fund not transferred to governmental entities operating publicly-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)(g); and WHEREAS, the Board has established procedures for the distribution and administration of moneys credited to the Aviation Fund to support the development of aviation facilities, safety enhancements, and enrichment activities; 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 publicly-accessibly airport or aviation activity may apply to the Division for State aviation system grants to be used for aviation purposes (C.R.S. 43-10-108.5(2); and WHEREAS, applications have been received by the Division and sufficient moneys exist in the Aviation Fund to administer a State grant program I · I J ; l I I ~ ::\ I J - ~ NOW, THEREFORE, BE IT RESOLVED that the Colorado Aeronautical Board hereby authorizes aviation system grants in the amount and nature noted in Attachment A to grantees in accordance with C.R.S. 43-10-108.5. BE IT FURTHER RESOLVED, that the Board authorizes the Director, Division of Aeronautics, to administer said grants and to enter into contracts with grantees identified in Attachment A pursuant to specified awards. RESOLVED, PASSED AND ADOPTED this 1st day of October, 2003, in Steamboat Springs, CO. ATTEST: ~. :-" U oJL-, ~.t TravIs Vallin, Director COOT-Aeronautics Division . j ~ - -1 U) c Ir: ~ Ie:( :Ii ~ ~ C) ~ D. rl I- z ~ C) z 0 J ~ ~ ~ - ~ 0 ffi Ir: (,) U) Q ~ 0 ! C ~ 9 0 (,) lIIIlt 0 0 N I · . I ~ J m -- ~I I J - ....J _I . ;j ~ 0 0 cD C'\l ~ .... i , .... :f ~ 0 8 CI e 0 CI e a &i 00 &OJ 0 ee i ~ Cle oe N 1010 1O"l'" J 0 0 ~ - 0 N ~ CD 10 i CD E ~ o o iii G) CD N ~ N S Ii .ci ~l ~ Ii .. E C ~ - f .2 I ii 1; ..J ::E 'CI '" '" t CD c .. 'CI 0,2 'CI C CD i~ I e' E - .. ! E -0 CD a.. !~ ::s ! 0 :c ~ lIJ I. U) .5 i! . a ~ lIJ lIJ CD CD 'CI 'CI '5 'CI C C CD ::s ::s O.Ju.u. II. ~~~~ ~ ................ .... . J ~ ~ U) :i ~ C) ~ ~ a.. ...J ~ 0 w a.. U) J Q Z c( U) - Q IX ; c( Q W IX IX ~ W ~ w Q u/ J T:~. . I. . I j ~ '-1 ] I E:l <.0_1 I ATTACHMENT E J - ) ...J I. - fi,",',~" l~' ~I fl LJ ~ ~ J ~ ~ I RESOLUTION 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 moneys credited to the aviation fund to be used solely for aviation purposes at public-accessible airports, including pr9cedures for the state aviation system grant program. SEE, C.R.S. 43-10-105 of the Act. 3. The Act created the Division of Aeronautics ("the Division") to support the Board in fulfilling its duties. The duties of the Division in supporting the Board include providing administrative support to the Board in the distribution of monies credited to the aviation fund for aviation purposes, providing advisory assistance to airports providing access to the public, including technical and planning assistance, and implementing/administering the state aviation system grant program established solely for aviation purposes. SEE, C.R.S. 43-10-103 and C.R.S. 43-10-108.5 of the Act. 4. Any entity operating a public-accessible airport in the state may apply to the Division for a state aviation system grant to be used solely for aviation purposes. SEE, C.R.S. 43-10-102(3) and 43- 10-108.5(2) of the Act. 5. The Applicant is a public-accessible airport or an entity operating such an airport in the state and has filed an application with the Division and the Board for a state aviation system grant to be used solely for aviation purposes. 6. The Division is authorized to assist only those public-accessible airports or entities operating such airports that request assistance by means of a resolution passed by the governing board of the airport or entity and forwarded to the Division. SEE, C.R.S. 43-10-103(5) of the Act. 7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to the Applicant shall be contingent upon the prior receipt by the State of a resolution that has been adopted by the duly authorized governing body of the Applicant and that expressly satisfies certain grant procedures and requirements, as described below. 8. The Applicant desires to request such grant assistance by means of a resolution passed by Applicant's duly authorized governing board, in order to comply with C.R.S. 43-10-103(5) of the Act and to satisfy certain grant procedures and requirements. The Applicant intends that the resolution: a) designate the individual authorized by the Applicant to execute the application on its behalf and to act in all related matters as the Applicant's Project Director for the project proposed in the Application, as described in the Division's Grant Program Project Management Manual ("the Manual"); and Page 1 of 2 I ~ I ) ~ -1 j [l ~ , ) J ~ I ~ ... bl 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. NOW THEREFORE BE IT RESOLVED THAT: Eagle County as the duly authorize~ 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. Eagle County states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. FURTHER BE IT RESOLVED: That Eagle County hereby designates Rich Cunninaham as the Project Director, as described in the Manual, and authorized the Project Director to act in all matters relating to the work project proposed in the Application in its behalf, including execution of the grant contract. FURTHER: Eagle County 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. FINALLY: Eagle County hereby accepts all guidelines, procedures, standards, and requirements described in the Manual as applicable to the performance of the grant work and hereby approves the grant contract submitted by the State, including all terms and conditions contained therein. Page 2 of 2 I. ~ I j ; i .J I -I I J I t .....J ATTACHMENT F , ~ i I ~, I I ~',.,'".'".",I i,'\ I ;;,r ::;;' . ~..:,. II J I , ~I I Ii ~ !, ... Exhibit F - SAMPLE OPTION LETTER Date: State Fiscal Year: Option Letter No. SUBJECf: (please indicate purpose by choosing ~e 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 mamount of goods in conjunction with renewal for additional term 4 - Level of service change within current term 5 - Lev~ of service change in conjunction with renewal for additional term , In accordance with Paragraph(s) of contract routing number . HA V, between the State of Colorado Department of Transportation - Aeronautics Division, and [contractor's name 1 at a coStlprice specified in Paragraph A ISection 16. AND/OR an increaseIdecrease in the amount of goods/services at the same rate(s) as specified in ParagraphlSchedulelExbibit. The amount of the cmrent Fiscal Year Contract value is increased/decreased by ($amount of chanf!e) to a new contract value of ($ )'to satisfy services/goods ordered lDlder the contract for the cmrent fiscal year (indicate fiscill year). The first sentence in paragrapblSectionlProvision 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:. [Executive Director/College President] Colorado Department of or IDgherEd Institution 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 con1ractor 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 ControUer Arthur L. Barnhart By: Date: , I ~ . I j ~ I I I ~ -I I J ATTACHMENT G - j ....l I: ~ I: I ~ 1 ] ~,',',', ~ - I J ~ I Exhibit G - SAMPLE FUNDING LETTER State Fiscal Year: Date: TO: [Contractor's Name here] SUB]: Funding Letter No. In accordance with Paragraph B, Section 16 of contract routing number . between the State of Colorado Department of Transportation - Aeronautics Division and [contractor's name 1 covering the period of (contract start date) through (contract end date). the 'UDdersigned commits the following funds to the contract: The amount offunds available and specified in SeCtion 4 is (increased/decreased) by ($ amount of chanl!O) to a new total funds available of(S ) to satisfy orders under the contract. Paragraph 4 is hereby modified accordingly. This funding letter does not constitute an order for services 'UDder 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: For the Executive Director/College President Colorado Department of or mgher Ed institution By: For Date: (Division) .. ALL CONTRACfS MUST BE APPROVED BY THE STATE CONTROLLER eRS 24-30-202 requires that the State Controller approve ~ state contracts. This ~n1ract 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 beiow, the State of Colorado may not be ,obligated to pay for goods and/or services provided. State Controller Arthur l... Barnhart By: Date: I i. - I I ~ -1 j I Ll - I J ATTACHMENT H ~ I ~ . , ) ~ ~ I j ~ tj ~ I J - n APPUCANT NOTICE AND COMMITMENT The pmpose 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 pmposes, to entities operating airports that are accessible to and open to the public. That pmpose is not served if an airport receives a grant, but then ceases operation or otherwise closes to the public before the expiration of the useful life of any improvements made, or facilities/equipment purchased with the grant In that event, the grant is not being used for aviation purposes, at an airport that is open to the public, as required by law. Therefore, this is to NOTIFY each airport-operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements/equipment; or b) to reimburse the Division for any unexpired useful life of the improvements/equipment, on a pro-rata basis. By signing this application , the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Contract of Award. By signing this application, the applicant also affirms that it will endeavor to promulgate the enactment of local ordinances, regulations and restrictions to provide land-use protection of its airport as a designated area of state interest, as provided in C.R.S. 24-65.1-202(4) and (4)(a) and 24- 65.1-204(3).