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
..
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' 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
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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
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AVIATION GRANTS
SEE IMAGE
A]'[ACHMENT E
RESOLUTION NO. 7930
RESOLUTION APPROVING A REQUEST AND APPLICATION BY THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, FOR GRANT ASSISTANCE FROM THE
COLORADO DIVISION OF AERONAUTICS IN THE FORM OF A STATE
AVIATION SYSTEM GRANT, DESIGNATING THE CITY MANAGER AS ITS
PROJECT DIRECTOR TO EXECUTE THE APPLICATION AND TO ACT ON
RELATED MATTERS
WHEREAS:
1. The General Assembly of the State of Colorado declared in Title 43 of the Colorado
Revised Statutes, Article 10, 1991 ("the Act") in C.R.S.43-10-101 "...that there exists
a need to promote the safe operations and accessibility of general aviation in this state;
that improvements to general aviation transportation facilities will promote diversified
economic development across the state; and that accessibility to airport facilities for
residents of this state is crucial in the event of a medical or other type of
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.