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HomeMy WebLinkAbout7994RESOLUTION NO. 7994 RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AERONAUTICAL BOARD FOR THE PURPOSE OF IMPLEMENTING, ADMINISTERING, AND PROVIDING STATE AVIATION SYSTEM GRANTS TO BE USED SOLELY FOR AVIATION PURPOSES AT THE PUEBLO MEMORIAL AIRPORT WHEREAS: 1. The General Assembly of the State of Colorado declared in Title 43 of the Colorado Revised Statutes, Article 10, 1991 ( "the Act ") in C.R.S.43 -10 -101 "...that there exists a need to promote the safe operations and accessibility of general aviation in this state; that improvements to general aviation transportation facilities will promote diversified economic development across the state; and that accessibility to airport facilities for residents of this state is crucial in the event of a medical or other type of emergency... ". 2. The Act created the Colorado Aeronautical Board ( "the Board ") to establish policies and plans for the growth and development of aviation in the state, and to establish procedures for the administration and distribution of monies credited to the aviation fund to be used solely for aviation purposes at public - accessible airports, including procedures for the state aviation system grant program. SEE C.R.S.43 -10 -105 of the Act. 3. The Act created the Division of Aeronautics ( "the Division ") to support the Board in fulfilling its duties. The duties of the Division in supporting the Board include providing administrative support to the Board in the distribution of monies credited to the aviation fund for aviation purposes, providing advisory assistance to airports providing access to the public, including technical and planning assistance, and implementing/ administering the state aviation system grant program established solely for aviation purposes. SEE C.R.S.43 -10 -103 and C.R.S.43 -10 -108.5 of the Act. 4. Any entity operating a public - accessible airport in the state may apply to the Division for a state aviation system grant to be used solely for aviation purposes. SEE C.R.S.43 -10- 102(3) and 43 -10- 108.5(2) of the Act. 5. The Applicant is a public - accessible airport or an entity operating such an airport in the state and has filed an application with the Division and the Board for a state aviation system grant to be used solely for aviation purposes. 6. The Division is authorized to assist only those public - accessible airports or entities operating such airports that request assistance by means of a resolution passed by the governing board of the airport or entity and forwarded to the Division. SEE C.R.S.43- 10- 103(5) of the Act. 7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to the Applicant shall be contingent upon the prior receipt by the State of a resolution that has been adopted by the duly authorized governing body of the Applicant and that expressly satisfies certain grant procedures and requirements, as described below. 8. The Applicant desires to request such grant assistance by means of a resolution passed by Applicant's duly authorized governing board, in order to comply with C.R.S.43 -10- 103(5) of the Act and to satisfy certain grant procedures and requirements. The Applicant intends that the resolution: a) designate the individual authorized by the Applicant to execute the application on its behalf and to act in all related matters as the Applicant's Project Director for the project proposed in the Application, as described in the Division's Grant Program Project Management Manual ( "the Manual "); and b) commit the Applicant to comply with all terms and conditions of the application and all guidelines, policies, procedures, and requirements described in the Manual if a grant for the project is awarded to the Applicant by the Board; and c) obligate the Applicant to appropriate or otherwise make available in a timely manner sufficient funds, if any, that are required from the Applicant for the application project. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: SECTION 1 The City Council of Pueblo, a Municipal Corporation, as the duly authorized governing body of the grant Applicant, hereby formally accepts assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant. Pueblo, a Municipal Corporation, states that such grant shall be used solely for aviation purposes, as determined by the State, and as generally described in the Application. SECTION 2 Pueblo, a Municipal Corporation, hereby designates Lewis A. Quigley, City Manager, as the Project Director, as described in the Manual, and authorizes the Project Director to act in all matters relating to the work project proposed in the Application and Contract in its behalf. SECTION 3 Local matching funds for this project will be taken from the 34 half cents sales tax account. SECTION 4 Pueblo, a Municipal Corporation, hereby accepts and shall comply with all terms and conditions of the Grant Contract and all guidelines, procedures, standards, and requirements described in the Manual as applicable to the performance of the grant work and hereby approves the Grant Contract submitted by the State, including all terms and conditions contained therein. SECTION 5 The President of the City Council is hereby authorized to execute said Contract on behalf of Pueblo, a Municipal Corporation and the City Clerk shall affix the Seal of the City thereto and attest the same. Introduced November 25, 1996 ATTEST: City Clerk By Al G�arule Councilperson APPROVED: resident of the City Council CONTRACT This Contract, made this Cam' � day of 199, by and between the State of Colorado for use and benefit of the Department of Transportation, Aeronautical Board ( "Board "), by the Division of Aeronautics ( "Division "), 56 Inverness Drive East, Englewood, Colorado 80112-5114, herein referred to as "the State ", and the City of Pueblo, an operator that provides a public accessible aviation service in Colorado, herein referred to as "the Grantee ". WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number 160 Appropriation Code 033 Contract Encumbrance Number 160 HAA 009Q 033 5000 0304 5110 1 N Grant Budget Line No 4287 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; WHEREAS, the grant program must be used solely for aviation purposes, as defined in C.R.S. 43- 10- 102(3); WHEREAS, the Board and the Division have developed the Colorado Aviation System Grant Program /Project Management Manual, Revised July 1, 1996 ( "Project Manual "), which contains policies, procedures and requirements to administer the grant program; WHEREAS, the Board and the Division have established criteria to evaluate grant applications and to distribute grant program funds; WHEREAS, the Grantee has submitted a grant Application (Attachment A) to use grant program funds solely for the aviation purposes specifically described in the Scope of Work (Attachment B), and the Division has determined that the Application meets the grant criteria; WHEREAS, the Division has determined that the activities proposed in the Application are solely for aviation purposes, are consistent with the State Aviation Systems Plan, and support and improve the State Aviation System; WHEREAS, the Grantee has the administrative and technical ability to properly complete the objectives and activities described in Attachments A and B, and the Grantee desires to agree to perform such activities in accordance with the Contract budget (Attachment C); WHEREAS, the Division has determined that no State Agency can reasonably conduct the activities and provide the services described in the Application; WHEREAS, this Contract is executed by the State under authority of C.R.S. 29 -1 -203, 43 -10- 103(2), 43- 10- 108.5, 43- 10- 110(3), as amended, and the attached Board resolution (Attachment 1 attached resolution (Attachment E) executed by the duly authorized governing body of the Grantee; WHEREAS, the Grantee warrants it has taken all necessary steps to ensure the individual signing the Contract for the Grantee has been delegated such authority by the governing body of the Grantee. NOW, THEREFORE, it is hereby agreed as follows: 1. Attachments A through F are incorporated herein as terms and conditions of this Contract. All policies, procedures, and requirements concerning the grant program that are described in the Project Manual, Revised July 1, 1996, as applicable to the Grantee are also incorporated herein as terms and conditions of this Contract. The Grantee shall comply with all such terms and conditions. 2. If a conflict occurs between the terms and conditions of Attachments A through F or of the Project Manual, and the terms and conditions of this Contract proper, then the following priority shall be used to resolve such conflict: A. First, the Attachment F "Special Provisions" and this Contact proper; then, B. Attachment B; then, C. Attachment C; then, D. The Project Manual; then, E. Attachment A; then, F. Attachment D; then, G. Attachment E; then, H. Attachment F. 3. The Grantee shall satisfactorily perform and complete the activities and services described in Attachment A and detailed in Attachment B (collectively referred to as "the work "), in accordance with the terms and conditions of the Contract. 4. The Grantee shall submit periodic and final reports to the State concerning the performance of the work, in accordance with the procedures and requirements described in the Project Manual, Revised July 1, 1996, and the reporting criteria described in Attachment B. 5. The Grantee shall comply with the budget for the work, as described in Attachment C. The Grantee shall be solely responsible for all costs of the work incurred in excess of the budget or incurred prior to the effective date of the Contract. 6. The estimated total costs of the work are not to exceed 100000.00 Subject to the conditions of the Contract, the State and Grantee shall participate in providing this estimated total cost amount as follows: A. Maximum State Amount: $ 50000.00 B. Grantee Local Match Amount: $ 50000.00 C. Other Amount(s) (federal, private, etc.): $ 0.00 Total Program Costs: $ 100000.00 2 The maximum State share amount of the Contract shall be comprised entirely and exclusively of moneys from the C.R.S. 43 -10 -109, Aviation Fund made available by the Board to the grant program. The State share of the actual costs incurred by the Grantee for the performance of the work shall not exceed the maximum amount described above, without the benefit of a written Supplemental Contract executed by the State prior to the performance of additional activities or the incurring of additional costs. If the actual costs incurred for the work are less than the estimated total program costs then the State's maximum share of such costs shall be reduced proportionately, unless a prior written Supplemental Contract has been executed by the State which reduces the required Grantee share or increases the State share. The Grantee may increase the Grantee share of the costs of the work without further State approval, provided that any such increase shall not result in any increase of the State share. 7. The State shall reimburse the Grantee for the satisfactory performance and completion of the work only in accordance with the reimbursement method(s), provisions, and procedures described in Section II (9) and (1 1) of the Project Manual, Revised July 1, 1996. The method of payment will depend on the type of the work performed under the grant, and the State will decide which particular method of payment described in the Project Manual will be used for the work. 8. The Grantee shall make a complete file of all records, communications, and other written materials that pertain to the performance of the work under this Contract including, without limitation, all cost records. The Grantee shall maintain such file for a period of not less than three (3) years after the date of termination of this Contract, or for such longer period as may be necessary to resolve any matters that may be pending. The Grantee shall permit the State to audit and /or inspect its records for the work during the term of this Contract and for a period of not less than three (3) years following the termination of this Contract, in order to verify appropriate use of State funds, to assure compliance with the terms hereof, and to evaluate the performance of the work. The Grantee shall also comply with the specific accounting, record keeping, audit, and capital equipment requirements and procedures, as described in Section II of the Project Manual. 9. The term of this Contract shall commence on the date this Contract is approved in writing by the State Controller or designee ( "the effective date "), as evidenced by the date indicated in paragraph 1 of Page 1 of this document, and shall terminate on June 30, 1998 unless otherwise terminated as provided herein. The State may extend the effective dates for performance of the contract by issuance of an Contract Option prior to the state expiration date. All work performed or costs incurred by or at the direction or request of Grantee prior to the effective date shall be the sole responsibility of the Grantee and shall not be compensated under the terms of this agreement. 10. The Grantee shall not execute any subcontract for the performance of the work under this Contract without the prior written approval of the Director of the Division, or designee, prior to such execution. The Grantee shall ensure that all subcontracts contain express provisions requiring the subcontractor to make and maintain all records concerning the cost(s) and performance of the work and to allow the State to inspect, examine, and audit such records, in accordance with the procedures described above and in the Project Manual. All subcontracts must comply with the requirements described in Section II(14) of the Project Manual, Revised July 1, 1996. 3 The Grantee shall not assign the Contract without the prior written approval of the State. Any assignment without such approval shall be void. 11. CONTRACT TERMINATION (a) Termination for Cause If, for any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Grantee shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate the Contract for cause by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, equipment, etc., and reports or other material prepared by the Grantee under this Contract shall, at the option of the State, become its property, and the Grantee shall be entitled to received just and equitable compensation for any satisfactory work completed on the activities or functions of this Contract. Notwithstanding the above, the Grantee shall not be relieved of liability to the State for any damages sustained by the State by virtue of a breach of the Contract by the Grantee, and the State may withhold any payments to the Grantee for the purpose of offset until such time as the exact amount of damages due the State from the Grantee is determined. (b) Termination for Convenience The State may terminate this Contract at any time the State determines the purposes of the distribution of moneys under the agreement would no longer be served by completion of the Contract. The State shall effect such termination by giving written notice of termination to the Grantee and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. 12. The Grantee shall perform its duties under the Contract as a Grantee /independent contractor and not as an employee of the State. Neither the Grantee nor any agent, employee, subcontractor, or servant of the Grantee shall be or shall be deemed to be an agent or employee of the State, and they shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding except as expressly set forth herein. The Grantee shall be responsible to the State for the ultimate results of the performance required hereunder but shall not be subject to the direction and control of the State as to the means and methods of accomplishing the results. The specification in this Contract of particular performance standards the State deems essential to proper performance and Contract value shall in no event be deemed to alter this relationship. The Grantee shall pay when due all required employment taxes and income taxes withholding, including federal and State income tax on any moneys paid pursuant to this Grant Contract. The Grantee shall provide and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contract, its employees and agents. The Grantee acknowledges that the Grantee and its employees are not entitled to the benefits of worker's compensation insurance or unemployment insurance unless the Grantee or a third party provides such coverage and that the State does not pay for or otherwise provide such coverage. Grantee shall be solely and entirely responsible for its acts or omissions and the acts or omissions of its agents, employees, subcontractors, and servants. Grantee shall pay when due all employment taxes and income tax withholding and shall provide and keep in force worker's _►,I compensation (and show proof of such insurance) and unemployment compensation insurance, to the extent required by law for the work. 13. To the extent this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are serveable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision. The waiver of any breach of a term shall not be construed as a waiver of any other term. 14. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force and effect unless embodied in a written contract executed and approved pursuant to State Fiscal Rules. 15. The grantee /local entity shall keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements /equipment. The Division has determined that the useful life of the grant funded improvements /equipment is five( (5) years a) If the grantee /local entity ceases operation or closes the airport, or otherwise fails to maintain the airport facility accessible to and open to the public during that entire useful life, then the grantee /local entity shall reimburse the Division for the entire value of any unexpired useful life of the improvements /equipment, or a pro -rata basis, not later that 30 calendar days after that cessation /closure. b) If the grantee /local entity ceases operation or closes the airport, or otherwise fails to maintain the airport facility accessible to and open to the public during that entire useful life, but does not comply with subparagraph (a) above, then the Division has the right to enter upon the airport property and remove such improvements /equipment (if practicable) from the airport facility for use elsewhere for aviation purposes. In that event the Division will own such improvements /equipment, vis -a -vis the grantee, and the grantee shall execute any documents and /or take any actions requested by the Division to perfect the ownership. c) The Division has no obligation to take the action described in subparagraph (b) above, but it may do so at its sole option and in its exclusive discretion. If the Division elects not to take such action, it may still pursue all available legal remedies. 16. The Grantee shall submit to the State with the executed Contract a resolution (Attachment E) that has been duly adopted by the governing board of the Grantee. That resolution must expressly: A. designate a particular individual as the "Project Director" for the Grantee's performance of the work; B. authorize the Project Director to take all steps and perform all necessary functions in connection with the work, as described in the Project Manual; C. authorize the signatory named below to execute the Contract on behalf of the Grantee; D. indicate that the Grantee has taken or will take all necessary actions to appropriate or otherwise make available all funds that the Grantee is required to provide for the work under the Contract, if any; and E. accept and approve all terms and conditions of the Contract. 5 IN WITNESS WHEREOF, the parties hereto have caused the foregoing Contract to be executed by their duly authorized officers the day and year first above written. ATTEST �¢ - - - -. ATTEST By 4 k? n _ Title FUNDING APPROVAL: CLIFFORD W. HALL State Controller ROY ROMER, GOVERNOR STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Aeronautics Division Director GRANTEE: Title A APPLICANT NOTICE AND COMMITMENT The purpose of the Colorado Discretionary Aviation Grant program is to support and improve the state aviation system by providing grants, to be used solely for aviation purposes, to entities operating airports that are accessible to and open to the public. That purpose is not served if an airport receives a grant, but then ceases operation or otherwise closes to the public before the expiration of the useful life of any improvements made, or facilities /equipment purchased with the grant. In that event, the grant is not being used for aviation purposes, at an airport that is open to the public, as required by law. Therefore, this is to NOTIFY each airport- operating entity that applies for and accepts a grant that it thereby makes a COMMITMENT a) to keep the airport facility accessible to, and open to, the public during the entire useful life of the grant funded improvements /equipment; or b) to reimburse the Division for any unexpired useful life of the improvements /equipment, on a pro -rata basis. By signing this application , the applicant commits to keep open and accessible for public use all grant funded facilities, improvements and services for their useful life, as determined by the Division and stated in the Grant Contract of Award. By signing this application, the applicant also affirms that it will endeavor to promulgate the enactment of local ordinances, regulations and restrictions to provide land -use protection of its airport as a designated area of state interest, as provided in C.R.S. 24- 65.1- 202(4) and (4)(a) and 24- 65.1- 204(3). Signat e 7 ti ATTACHMENT, A APPLICATION COLORADO DEPARTMENT OF TRANSPORTATION Aeronautics Division COLORADO DISCRETIONARY AVIATION GRANT PROGRAM kPPLICANT AGENCY City, County, Authority, Other) C ity of Pueblo Pueblo Memorial Airport 3 ROJECT LOCATION 31201 Bryan Circle Pueblo, CO 81001 MAILING ADDRESS 31201 Bryan Circle Pueblo. CO 81001 TELEPHONE NUMBER 719- 948 -3355 FAX NUMBER 719 - 948 -4878 3 ROJECT PERIOD: from 3/1/97 to 12/31/97 ' U City Manager Au crust 12 1996 ignature - Project Director I Title Date Return Original Application to: COLORADO DEPARTMENT OF TRANSPORTATION Aeronautics Division 56 INVERNESS DRIVE EAST Telephone: (303) 792 -2160 ENGLEWOOD, CO 80112 -5114 Fax: (303) 792 -2180 PROJECT SUMMARY: Taxiway expansion for additional general aviation hangar development. PROBLEM STATEMENT This section should provide enough information to adequately describe the conditions requiring State financial assistance. Pueblo Airport has started to develop a General Aviation Hangar area with the hope of attracting additional based Corporate and General Aviation aircraft to the airport. Land Sale funds have been utilized in the amount of approximately $450,000 to accomplish the initial portion which included the relocation of all utilities to underground easements and installation of the first portion of taxiway to service this area. Since the completion of Phase I, one hangar has been built and several others are pending. Due to the level of interest, it appears the additional taxiway will be needed before the end of 1997. Attach additional pages if necessary GRANT PROPOSAL Describe how Grant Funds are to be used. Funds will be used to extend the taxiway and complete the east -west taxilane in the general aviation hangar development area which is Phase 11 of this project. Attach additional pages if necessary FINANCIAL INFORMATION FOR APPLICANT AGENCY ASSESSED VALUATION ( city-county) city of Pucrb I o $ 365,332,640.00 MILL LEVY total mills $ 17.10 * OVERLAPPING MILL LEVY* SALES TAX RATE @ 31 % ANNUAL REVENUE $ .?4,530.i6. -87.00 LONG TERM DEBT $ 21,406,891.00 BUDGET ANNUAL OWT FOR APPLICANT AGENCY $ 38,920,532.00 ANNUAL BUDGET FOR APPLICANT AIRPORT if applicable) $ 943,634.00 * Sum of mill levies of overlapping jurisdictions e.g., Sum of levies of municipality, school district, etc. * *per $1,000 of assessed value DOES YOUR AIRPORT HAVE HEIGHT LIMITATIONS xx IN PLACE TO COMPLY WITH FAR Part 77? 1 YES NO jPART A PROJECT FUNDING SUMMARY (from all sources) $ 1.00,000.00 GRANT FUNDS REQUESTED $ 50,000.00 OTHER FUNDS $ 50,000.00 LOCAL $ 50,000.00 OTHER STATE $ 00.00 FEDERAL $ 00.00 PART 6 CONTRACTUAL SERVICES CONTRACTOR if known CONTRACT PERIOD TOTAL COSTS GRANT SHARE OTHER TOTAL CONTRACTUAL SERVICES PART C OPERATING EXPENSES Description Number of units Cost per Unit Total Cost Grant Share % Other % Other % TOTAL CAPITAL EQUIPMENT ;''' TOTAL OPERATING EXPENSE APART D CAPITAL EQUIPMENT Description Number of Units Cost per Unit Total Cost Grant Share % Other % TOTAL CAPITAL EQUIPMENT ;''' PART E FACILITIES IMPROVEMENTS Description Estimated cost Grant Share % Other Share % Taxiway Extension 100,000.00 50,000.CO 50 0,000.0 50 OPERATING EXPENSES CAPITAL EQUIPMENT FACILITIES IMPROVEMENTS 100,000 50,000 507 50,000 507 �oa,onn �5o,000 5oz ` $50,000 ;50% ,''.', TOTAL FACILITIES IMPROVEMENTS PART F BUDGET SUMMARY Total Grant Share % Other Sources % CONTRACTUAL SERVICES ' OPERATING EXPENSES CAPITAL EQUIPMENT FACILITIES IMPROVEMENTS 100,000 50,000 507 50,000 507 �oa,onn �5o,000 5oz ` $50,000 ;50% ,''.', PART G REPORTING REQUIREMENTS Formal contracts for each grant will have individual reporting requirements (See Contract Attachment B) PART H PROJECT CONTACTS Project Director Name lAddress city St Zi Lewis A. Quigle 1 City Hall Place Pueblo CO 81003 Telephone No. 719- 584 -0800 Fax No. 719 -584 -0850 Fiscal Records Responsibility Name lAddress city St Zi Bill Martin 1 City Hall Place Pueblo CO 81003 Telephone No. 719- 584 -0845 Fax No. 719- 584 -0844 Project Payments Mailed to: Name lAddress city St Zi Ed Chamberlin 31201 Bryan Circle Pueblo CO 81001 Telephone No. 719- 948 -3355 Fax No. 719- 948 -4878 Project Corres ondence to: Name lAddress city St zip Ed Chamberlin 1 31201 Brvan Circle Pueblo CO 1 81001 Telephone No. 719- 948 -3355 Fax No. 719- 948 -4878 STATEMENT OF PURPOSE: /t is the purpose of the Colorado Discretionary A viation Grant program to maintain, enhance and encourage development of the State aviation system through the shared funding ofaviation- related projects. A# entities accepting financial grant assistance understand that the perpetuation of the aviation system is critical to the success of the Colorado Discretionary A viation Grant program. Signature on this application affirms the applicant's commitment to retain for public use the facilities, improvements and services made under this grant for the useful life of the project as state in Grant Contract of Award, paragraph Fifteen (15). The applicant further affirms that it will endeavor to promulgate the enactment of local ordinances, regulations and restrictions to provide land -use protection of its airport as designated areas of state interest as stated and identified in C.R.S. 106 -7- 202(4); 106- 7- 202(5)(a)(i)(II); 106 -7- 204(3); and to align building permits and /or zoning regulations in keeping with FAR Part 77 relating to obstruction limitations. Signature .. h . ,_- ., ,, _. , a: ,,. � � . ,, �,�_: ' a Colorado Department of Transportation Division of Aeronautics Contract Attachment B - SCOPE OF WORK COLORADO AERONAUTICS DIVISION i 1 CITY OF PUEBLO - PUEBLO MEMORIAL AIRPORT Activity # Activity Description 97- 26 -6/5 Grant Objective: To extend taxiway into general aviation and corporate aviation expansion area. 97- 26- 6/5(a) Submit project design, specifications and drawings for taxiway expansion to CDOT- Aeronautics Division for review and approval. This activity must be completed by February 3, 1997. 97- 26- 6/5)(b) Advertise project to obtain competitive bids following standard procurement procedure of the sponsoring agency. Submit any and all advertisements to CDOT- Aeronautics Division. This activity must be completed by March 10, 1997. 97- 26- 6/5)(c) Submit results of competitive bidding or sole source justification to CDOT- Aeronautics Division for approval. (State -$50, 000.00; Local - $50, 000.00) 97- 26- 6/5(d) Certify satisfactory completion of grant objective(s). ATTACHMENT B F �. , r a ., ,.- � s, .,: :. � �', rvz .� _. � .r ��,'- � �` r d , :,, ,_.. '. A V Ate � A.�y � � � � � � Y�-�. .,. .. .. .MCI COLORADO DEPARMENT OF TRANSPORTATION DIVISION OF AERONAUTICS CONTRACT ATTACHMENT C -GRANT BUDGET GRANT PROJECT NO. 97- 26 -6/5 GRANT FUNDS APPROVED SOURCE OF FUNDS OBJECTIVE NO. 97- 26 -6/5 LOCAL $50,000.00 STATE $50,000.00 FEDERAL TOTAL COSTS $100,000.00 PROPOSED EXPENSES CATEGORY TOTAL CONTRACTURAL SERVICES OPERATING EXPENSES CAPITAL EQUIPMENT FACILITIES IMPROVEMENTS $100,000.00 TOTAL $100,000.00 ATTACHMENT C ATTACHMENT D COLORADO DIVISION OF AERONAUTICS STATE OF COLORADO AERONAUTICAL BOARD RESOLUTION 96 -2 A RESOLUTION AUTHORIZING THE UTILIZATION OF AVIATION FUND REVENUES TO FUND DISCRETIONARY AVIATION GRANT AWARDS AND AUTHORIZING THE DIRECTOR, DIVISION OF AERONAUTICS, TO ADMINISTER STATEWIDE AVIATION GRANTS ON BEHALF OF THE AERONAUTICAL BOARD IN THE EXECUTION OF SAID AWARDS. WHEREAS, the Colorado General Assembly acknowledged that there exists a need to promote the safe operation and accessibility of general aviation in this State, that improvements of general aviation transportation facilities will promote diversified economic development across the State, and that accessibility to airport facilities to residents of this State is crucial in the event of a medical or other type emergency (C. R. S. 43 -10 -110); WHEREAS, moneys credited to the Aviation Fund shall be those tax revenues collected in accordance with C.R.S. 39 -26 -104, 39- 27- 112(2)(b) and C.R.S. 43 -10 -109 and shall be used exclusively for aviation purposes (C.R.S. 43-10-1100); and WHEREAS, distribution of tax revenues so collected shall b e disbursed to public - accessible airports in accordance with C.R.S. 43 -10- 110(2) and that moneys in the fund not transferred to governmental entities operating public - accessible airports as provided in Subsection (2) and not appropriated for administrative expenses shall be used by the Board exclusively for aviation purposes, including awarding of grants pursuant to the State aviation system program established by the General Assembly pursuant to the provision of Section C.R.S. 43 -10- 108.5; and WHEREAS, the Division is charged with administering the State aviation system grant program (C.R.S. 43- 10- 103(2)(g); and WHEREAS, the Board has established procedures for the administration and distribution of moneys credited to the Aviation Fund created in C.R.S. 43- 10 -109, to support the development of aviation facilities at public airports, commercial service airports and reliever airports; and WHEREAS, the grant program shall be implemented and administered by the Division and the Board C.R.S. 43 -10- 108.50)) and that entities operating a public - accessible airport may apply to the Division for a state aviation system grant to be used solely for aviation purposes (C.R.S. 43 -10- 108.5(2)); and WHEREAS, application shave been received by the Division and sufficient moneys exist in the Aviation Fund to administer a state aviation grant program. NOW, THEREFORE, BE IT RESOLVED that the Colorado Aeronautical Board hereby authorizes aviation system grant awards in the amount noted on Attachment A to grantees in accordance with C.R.S. 43 -10- 108.5. BE IT FURTHER RESOLVED that the Board authorizes the Director, Aeronautics Division to administer said grants and to enter into contracts with the grantees identified in Attachment A pursuant to specified awards in accordance with C.R.S. 43 -10- 108.5(3). RESOLVED, PASSED AND ADOPTED this fourth day of October, 1996, at Denver, CO. Georg F. B wer, Chairman Colorado Aeronautical Board ATTEST: Dennis E. Roberts, Director CDOT- Aeronautics Division M Z Yi O ...... ...... cl 0 o 0 . 0 0 ..... CO .16 Lc) ,X.- ...... M N CL) r- C14 ..... a) .... ...... ..... ..... ..... .... . .. ...... 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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 H emergency .... 2. The Act created the Colorado Aeronautical Board ("the Board") to establish policies and plans for the growth and development of aviation in the state, and to establish procedures for the administration and distribution of monies credited to the aviation fund to be used solely for aviation purposes at public-accessible airports, including procedures for the state aviation system grant program. SEE, C.R.S.43-10-105 of the Act. 3. The Act created the Division of Aeronautics ("the Division") to support the Board in fulfilling its duties. The duties of the Division in supporting the Board include providing administrative support to the Board in the distribution of monies credited to the aviation fund for aviation purposes, providing advisory assistance to airports providing access to the public, including technical and planning assistance, and implementing/administering the state aviation system grant program established solely for aviation purposes..SEE, C.R.S.43-10-103 and C.R.S.43-10-108.5 of the Act, 4. Any entity operating a public-accessible airport in the state may apply to the Division for a state aviation system grant to be used solely for aviation purposes. SEE, C,R.S,43-10-102(3) and 43-10-108o5(2) of the Act. 5. The Applicant is a public-accessible airport or an entity operating such an airport in the state and has filed an application with the Division and the Board for a state aviation system grant to be used solely for aviation purposes. 6. The Division is authorized to assist only those public-accessible airports or entities operating such airports that request assistance by means of a resolution passed by the governing board of the airport or entity and forwarded to the Division. SEE, C.R.S.43- 10-103(5) of the Act. -1- 7. The Applicant understands that if it is awarded a grant by the State, any disbursement of grant funds to the Applicant shall be contingent upon the prior receipt by the State of a resolution that has been adopted by the duly authorized governing body of the Applicant and that expressly satisfies certain grant procedures and requirements, as · described below. 8. The Applicant desires to request such grant assistance by means of a resolution passed by Applicant's duly authorized governing board, in order to comply with C.R.S.43-10- 103(5) of the Act and to satisfy certain grant procedures and requirements. The Applicant intends that the resolution: a) designate the individual authorized by the Applicant to execute the application on its behalf and to act in all related matters as the Applicant's Project Director for the project propo.sed 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 I The City of Pueblo hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form of a state aviation system grant. Such grant shall be used solely for aviation purposes, as determined by the state, and as generally described in the Application. SECTION 2 The City of Pueblo hereby designates Lewis A. Quigley, City Manager, as the Project Director, as described in the Manual, and authorizes the Project Director to act in all matters relating to the work project proposed in the Application in behalf of the City. SECTION 3 The City of Pueblo has appropriated or will appropriate or otherwise make available in a timely manner all funds, if any, that are required to be provided by the applicant under the terms and conditions of the grant contract. Local matching funds will be taken from the 34 half cents sales tax account contingent upon approval of the grant. -2- SECTION 4 The City of Pueblo hereby commits to comply with all terms and conditions of the Application and all guidelines, procedures, standards, and requirements described in the Manual as applicable to the performance of the grant work if a grant for the project is awarded the City of Pueblo by the Board. INTRODUCED August 12, 1996 BY: iM Gunale Councilperson APPROVED: t~'sident ~fth~e~'ity Council ATTEST: ~ty Clerk -3- ATTACHMENT F t:orm 6-AC~02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 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. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for. the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this contract, duly execute arid deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance for the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team. hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per anna. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106, C.R.S., as amended INDEMNIFICATION 4. To the extent authorized by law, 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 attomey 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. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402, C.R.S. 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975. Pursuant thereto, the foHowing provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affu-mative action to insure that applicants are employed, and the employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting for provision of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor tinion or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such organization, or expel any such individual fi'om membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder, or attempt either directly or indirectly, to commit any act deemed in this contract to be discriminatory. (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may ~-~c~ dccialeci mehgtme ibr further State contracts m accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub-contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABORPREFERENCE 6a. Provision of 8-17-101 & 102, C.R.S. for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8- 19-101 & 102, C.R.S.). GENERAL 7. 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 provided for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing 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. 8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences) and 18-8-401, et. seq., (Abuse of Public Office), C.R.S. 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein.