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HomeMy WebLinkAbout7115RESOLUTION NO. 7115 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. —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 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 requests 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 Pueblo, a Municipal Corporation, 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 said grant Contract. Funding for this project will be taken from Account #034 -900- 900 - 000 - 900 -9146. —2— SECTION 4 Pueblo, a Municipal Corporation, hereby accepts and shall 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 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 April 26, 1993 ATTEST: 1, City Clerk BY : HOWARD WHITLOCK Councilperson APPROVED: y President of the City Council —3— :DEPARTMENT OR AGENCY NUMBER: :CONTRACT ROUTING NUMBER CONTRACT This Contract, made this day of dV n - 0 1993, 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 "), 6848 S. Revere Parkway, Englewood, Colorado 80112 -6703, herein referred to as "the State ", and City of Pueblo an operator that provides a public accessible aviation service in Colorado, herein referred to as "the 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 009P 033 5000 0304 5110 1 N ; WHEREAS, the State is authorized to implement and administer the state aviation system grant program ( "grant program ") and to provide grants to entities operating public accessible airports in Colorado, in accordance with the provisions 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 ( "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 D), and is executed by the Grantee under authority of C.R.S. 43- 10- 108.5(2), and pursuant to the 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 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. 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 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 $78,400.00. 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: 39,200.00 B. Grantee Local Match Amount: 39,200.00 C. other Amount(s) (federal, private, etc.): Total Program Costs: 78,400.00 The maximum State share amount of the Contract shall be comprised entirely and exclusively of monies 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 (11) of the Project Manual. 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, 1994 unless otherwise terminated as provided herein. 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. The Grantee shall not assign the Contract without the prior written approval of the State. Any assignment without such approval shall be void. 11. (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 monies 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, employee, subcontractor, or servant of the State (other than for the purposes of compliance with any confidentiality provisions of the Contract, if any). 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 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 severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision. 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 novation, 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 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. 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. STATE OF COLORADO ROY ROMER. GOVERNOR ---&, DEPARTMENT OF TRANSPORTATION Division of Aeronautics ATTEST Division Director Chairman ` Colorado Aeronautical Board ATTEST GRANTEE By - By o Title (f, l., -kK Title TR . 91P � FAT aF 7ff,E C04 * C /1L, APPROVALS CLIFFORD W. HALL GALE A. NORTON State Controller Attorney eral By By '� +�RCL.Me,✓+ � G APPLICATION COLORADO DIVISION OF AERONAUTICSL STATE FINANCIAL ASSISTANCE COLORADO DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS APPLICANT AGENCY (City, County, Authority, Other) CITY OF PUEBLO PROJECT LOCATION PUEBLO MEMORIAL AIRPORT MAILING ADDRESS 31201 BRYAN CIRCLE PUEBLO, COLORADO 81001 TELEPHONE NO. (719) 948 -3355 FAX NO. (719) 549 -1289 PROJECT PERIOD FROM 03 -01 -93 TO 12 -31 -93 SIGNATURE TO PROJECT DIRECTOR TITLE DATE A0 C-41 LEWIS A. QUIGLEY CITY MANAGER 12 -10 -92 RETURN ORIGINAL TO: TELEPHONE NO. 303 - 397 -303 COLORADO DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 6848 S. REVERE PARKWAY, SUITE 101 FAX NO. 303 - 397 -304 ENGLEWOOD, CO 80112 -6703 PROJECT SUMMARY: THIS PROJECT INVOLVES THE PURCHASE OF EQUIPMENT, MATERIALS, AND SUPPLIES FOR THE MAINTENANCE OF PAVED SURFACES AT THE PUEBLO MEMORIAL AIRPORT. IT ALSO INCLUDES PAINTING THE GENERAL AVIATION HANGAR. PROBLEM STATEMENT: This section should provide enough information to adequately describe the conditions requiring state financial assistance. THE IDENTIFIED PAVED AREAS OF THE AIRPORT HAVE REFLECTIVE CRACKS THAT ALLOW MOISTURE THROUGH TO THE BASE MATERIAL THAT WILL EVENTUALLY CAUSE THE PAVEMENT TO FAIL. THE FILLING OF CRACKS WILL EXTEND THE USEFULL LIFE OF THE SURFACE, DELAYING THE MORE EXPENSIVE REPLACEMENT OF THE SURFACE. ALSO, THE PAINTING OF A WORLD WAR II AIRCRAFT STORAGE HANGAR IS NEEDED. THIS BUILDING HAD THE EXTERIOR DISCOLORED DURING A FIRE IN AN ADJACENT STRUCTURE SEVERAL YEARS AGO. THIS BUILDING IS IN DESPERATE NEED OF PAINT. Attach additional pages if necessary GRANT PROPOSAL Describe how grant funds are to be used. ALL ASPHALT SURFACES, EXCLUDING RUNWAYS ARE ANTICIPATED TO BE CRACK FILLED. A SMALL AREA WILL BE SEAL COATED. THE EXACT AMOUNT OF SEAL COAT WILL VARY DEPENDANT ON THE ACTUAL BIDS OF THE CRACK FILL MACHINE, CRACK FILL MATERIAL, AND THE COST OF DIESEL FUEL. THE APPROXIMATE AMOUNT OF SEAL COAT IS 30,500 SQUARE YARDS. THE BID SPECIFICATIONS WILL ASK FOR A COST PER YARD AND WILL BE ADJUSTED TO BALANCE THE AMOUNT OF FUNDS AVAILABLE. THE GOAL IS TO ESTABLISH AN ONGOING PAVEMENT MAINTENANCE PROGRAM THAT WILL ALLOW FOR ANNUAL CRACK FILLING AND SEAL COATING, WHICH WILL REQUIRE THE ANNUAL USAGE OF THE CRACK FILLING MACHINE THROUGH THE USEFUL LIFE OF THE MACHINE. AIRPORT EMPLOYEES WILL BE USED TO APPLY THE CRACK FILL MATERIAL. A CONTRACTOR WILL BE HIRED TO APPLY THE SEAL COAT MATERIAL. PAVEMENT MAINTENANCE RELATED ITEMS REQUIRED INCLUDE THE PURCHASE OF SNOW REMOVAL CUTTING EDGES AND DIESEL FUEL FOR THE HEAVY EQUIPMENT USED AT THE AIRPORT. THE PAINTING OF THE LARGE AIRCRAFT STORAGE HANGAR THAT HOUSES 12 GENERAL AVIATION AIRCRAFT AND NUMEROUS AIRPORT MAINTENANCE EQUIPMENT ITEMS IS AN IMPORTANT PART OF THE BUILDING MAINTENANCE. Attach additional pages if necessary FINANCIAL INFORMATION: Associate with applicant agency. ASSESSED VALUATION FOR AIRPORT (city, county) MILL LEVY OVERLAPPING MILL LEVY* ** $ 14,822,783 total mills SALES TAX RATE $ - ANNUAL REVENUE $ LONG TERM DEBT $' ANNUAL BUDGET FOR APPLICANT AGENCY $ 908,949 1993 BUDGET ANNUAL BUDGET FOR APPLICANT AIRPORT (if applicable) $ 908,949 * Sum of mill levies of overlapping jurisdictions (e.g.) Sum of levies of municipality, school district, etc. ** AS OF DECEMBER 31, 1991 PART A PROJECT FUNDING SUMMARY (from all sources) TOTAL GRANT FUNDS REQUESTED OTHER FUNDS Source: Local $ 63,760 State $ Federal $ $ 113,760 $ 50,000 447 $ 63,760 567 PART B CONTRACTUAL SERVICES CONTRACTOR (if known) CONTRACT PERIOD TOTAL COST GRANT SHARE OTHER SEAL COAT 03 -01 -93 TO 12 -31 -93 24,400 TOTAL CONTRACTUAL SERVICES 24,400 PART C OPERATING EXPENSES DESCRIPTION NO. OF UNITS COST PER UNIT TOTAL COST GRANT SHARE % OTHER % SNOW REMOVAL CUTTING EDGES 24 60.00 1440 DIESEL FUEL 3840 .80 3840 LABOR 1008 10.00 10,08 TOTAL OPERATING EXPENSE 15,36 PART D CAPITAL EQUIPMENT DESCRIPTION NO. OF UNITS COST PER UNIT TOTAL COST GRANT SHARE % OTHER % CRACK FILL MACHINE 1 _ 4,000 24,00 TOTAL CAPITAL EQUIPMENT 24,00 PART E FACILITY IMPROVEMENTS DESCRIPTION ESTIMATED COST GRANT SHARE $ OTHER $ CRACK FILL MATERIAL 25,000 ASPHALT 5,000 C. OPERATING EXPENSES 15,36 PAINT HANGAR 20,000 TOTAL FACILITY IMPROVEMENTS 50,000 PART F- BUDGET SUMMARY TOTAL GRANT SHARE % OTHER SOURCES % B. CONTRACTUAL SERVICES 24,40 C. OPERATING EXPENSES 15,36 D. CAPITAL EQUIPMENT 24,00 E. FACILITIES IMPROVEMENTS 50,00 TOTAL 113,76 PART G REPORTING REQUIREMENTS FORMAL CONTRACT FOR EACH GRANT WILL HAVE INDIVIDUAL REPORTING REQUIREMENTS (See Contract Attachment B) PART H PROJECT CONTACTS 1. PROJECT DIRECTOR 3. PROJECT PAYMENTS MAILED TO CITY OF PUEBLO NAME LWIS A. QUIGLEY NAME FINANCE DEPARTMENT �tek' ADDRESS ADDRESS 1 CITY HALL PLACE 1 CITY HALL PLACE PUEBLO, COLORADO 81003 PUEBLO, COLORADO 81003 TELEPHONE NO-(719) 584 -0800 TELEHONE NO. (719) 584 -0845 2. FISCAL RECORDS RESPONSIBILITY 4. PROJECT CORRESPONDENCE TO CITY OF PUEBLO NAME FINANCE DEPARTMENT NAME JAMES P. ELWOOD ADDRESS 1 CITY HALL PLACE ADDRESS 31201 BRYAN CIRCLE PUEBLO, CO 81003 PUEBLO, CO 81001 TELEPHONE NO. (719) 584 -0845 TELEPHONE NO. (719) 948 -3355 E - TO CITY OF PUEBLO AIRPORT INDUSTRIAL PARK ENTRANCE p � TRA Airport Consulting p The Parry Company Adams- Mangini, Inc. MASTER PLAN L Pueblo Memorial Airport Pueblo, I CRArW FTT.T. /SEAT. MAT PR0TF!"P DATE AIRPORT CONDITIONS i ado 0 800 1600 3200 EXHIBIT 3 -6 N r�.AC.I Me,v+ IJ T r COLORADO DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS CONTRACT ATTACHMENT B - SCOPE OF WORK GRANT OBJECTIVE: 10 -93 To purchase crack seal machine and associated materials for continued program of runway maintenance. ACTIVITY ACTIVITY DESCRIPTION 10 -93 -01 Obtain competitive bids for the purchase of crack fill machine, materials and equipment. (State - 39,200; Local - 39,200) Submit bids to CDOA for approval. 10 -93 -02A Notify CDOA of completion of project. 10 -93 -02B Provide CDOA with Capital Equipment Record for Crack fill machine. ATTACHMENT B R - E �-Fl CIn M2 N� C COLORADO DEPARTMENT Or =AANSPORTATION DIVISION OF AERONAUTICS CONTRACT ATTACHMENT C - GRANT BUDGET GRANT PROJECT # 10-93 GRANT FUNDS APPROVED BJECTTVE NUMBER SOURCE OF FUNDS TOTAL COST FMERAL STATE LOCAL 10 -93 -01 $78,400 $0 $39,200 $39,200 PROPOSED EXPENSES CATEGORY TOTAL CONTRACTUAL SERVICES $0.00 OPERATING EXPENSES $0.00 CAPITAL EQUIPMENT $0.00 FACILITIES DIPROVEMENTS $78,400.00 TOTAL $78,400.00 ATTACHMENT !1 {� +b � ri * COLORADO DIVISION OF AERONAUTICS STATE OF COLORADO AERONAUTICAL BOARD RESOLUTION 93 -2 A RESOLUTION AUTHORIZING THE UTILIZATION OF AVIATION FUND REVENUES TO FUND DISCRETIONARY AVIATION GRANT AWARDS AND AUTHORIZING THE DIRECTOR, DIVISION OF AERONAUTICS TO ADN MWSTER STATEWIDE AVIATION GRANTS ON BEHALF OF THE AERONAUTICAL BOARD IN THE ",UTION OF SAID AWARDS. WHEREAS, the General Assembly acknowledged that there exists a need to promote the safe operation and accessibility of general aviation in this state, that improvement 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 -101); and WHEREAS, moneys credited to the Aviation Fund shall be those tax revenues collected in accordance with C.R.S. 39 -26 -104, 39 -26 -202, 39- 27- 112(2)(b) and C.R.S. 43 -10 -109 and shall be used exclusively for aviation purposes (C.R.S. 43 -10- 110(1)); and WHEREAS, distribution of tax revenues so collected shall be disbursed to public - 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 provisions of Section C.R.S. 43- 10- 108.5; and WHEREAS, the Division is charged with administering the state aviation system . grant program (C.R.S. 43- 10- 103(2)(8)); and WHEREAS, the Board has established procedures for the administration and distribution of moneys credited to the Aviation Fund created in C.R.S. 43 -10 -109, to support the development of aviation facilities at public airports, commercial service airports and reliever airports; and WHEREAS, the grant program shall be implemented and administered by the Division and the Board (C.R.S. 43- 10- 108.5(1)) and that 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 have been received by the Division and sufficient moneys exist in the Aviation Fund to administer a state aviation system grant program. NOW, THEREFORE, BE IS RESOLVED that the Colorado Aeronautical Board hereby authorizes aviation system grant awards in the amount of $1,166,838.00 to grantees identified in Attachment A and in accordance with C.R.S. 43 -10- 108.5. BE IT FURTHER RESOLVED that the Board authorizes the Director, Division of Aeronautics to administer said grants and to enter into contracts with grantees identified in Attachment A .pursuant to specified awards, in accordance with C.R.S. 43 -10- 108.5(3)). RESOLVED, PASSED AND ADOPTED this fifth day of February, 1993 at Englewood, CO. JA Michael J. RocV, Chairman Colorado Aeronautical Board ATTEST: Dennis E. Roberts, Director CDOT- Division of Aeronautics ATTACHMENT A APPLICANT City of Alamosa Aspen/Pltkin County Bent County/ Las Animas City of Boulder City of Brush Town of Buena Vista Arapahoe County Airport Authority CO State Forest Service CO State Forest Service City of Cortez Delta County Delta County City of Durango/ La Plata County Town of Eads Eagle County AIRPORT San Luis Valley Regional Airport Aspen- Pitkin County Airport City and County Airport Boulder Municipal Brush Municipal Buena Vista Municipal Centennial Cortez/Montezuma County Airport Blake Field North Forth Valley Durango —La Plata County Airport Eads Municipal Eagle County Regional COLORADO AERONAUTICAL BOARD DISCRETIONARY AVIATION GRANTS CYCLE 2 — 1993 TOTAL STATE AWARD OTHER PROJECT AMOUNT PERCENT FUNDING 400,000.00 50,000.00 12.5 OTHER: 50 10,000.00 20.0 ` LCL: 68,400.00 5,472,00 8.0 LCL: 27,193.00 Local match - runway 694,730,00 FAA: 87,480.00 42,060.00 82.0 LCL: 41,500.00 38,625.00 75.0 LCL: 771,932.00 50,000.00 8.4 LCL' 17,320.00 Lcl match —snow plow/term. 171,000,00 FAA: 82,500.00 31,250.00 50.0 LCL: 130,425.00 * 0.00 0.00 LCL: 70,100.00 " 0.00 0.00 LCL: 229,100.00 40,780.00 17.8 LCL' FAA. 55,300.00 41,475.00 75.0 LCL: 43,000.00 34,400.00 80.0 LCL: 21,730.00 18,138.00 74.2 LOU 8,540.00 8,54b.o0 100.0 LCL' 60 48,000.00 80.0 LCL: PROJECT DESCRIPTION 350,000.00 FBO renov./Term rehab/ landsoaping/signage 40,000.00 Seal coat previous crack seal areas 1,428.00 MasterPlan/Site 61,500,00 SelodtlohlEA 25,420.00 Remove /replace UST 12,875.00 Crack fill, slurry chip seal, repaint runway 27,193.00 Local match - runway 694,730,00 project 31,250.00 Crack seal, seal coat parking, hangar area 0.00 Partial funding single engine air tanker 0.00 Runway rehab/ Hangar construction 17,320.00 Lcl match —snow plow/term. 171,000,00 rehab /crack seal parking 13,825.00 Emerg. veh /crack seal fog coat runway rehab. 8,600.00 Overlay runway /ramp 5,594.00 Crack seat parking, TAway Close /remove UST 0,00 Rehab r/way fighting 12,000.00 Repair R/way. Tway, ramp APPLICANT AIRPORT Cites— Ft.Collins Loveland Front Range Apt. Auth, Gariield County City of Glenwood Springs Greeley —Weld Cty. Airport Authority Gunnison County Huertano County Jefferson County Town of Kremmling City of La Junta Lake County City of Lamar City of Longmont Metro State College Aerospace Program City /Monte Vista Montrose County Airport Authority City of Pueblo Ft.Coilins Loveland Municipal Front Range Garfield County GI. Spr. Municipal Greeley —Weld County AJrpoit Gunnison County Johnson Field Jeffoo McElroy Field La Junta Municipal Lake County Lamar Municipal Vance Brand Monte Vista Municipal Montrose County Pueblo Memorial Region 1 o COG TOTAL PROJECT 84,958.00 53,540.00 32,500.00 37,500.00 38,300.00 95,000.00 91,535.00 184,000.00 77,500.00 52,000.00 7,191.00 287,250.00 48,200.00 82,500.00 1 58,433.00 113,780.00 187,000.00 STATE AWARD OTHER AMOUNT PERCENT FUNDING 50,000.00 58.8 LCL: 28,750.00 50.0 LCL: 28,000.00 80.0 LCL: 2,000.00 5.3 LCL: 28,300.00 73.8 LCL: 25,000.00 28.3 LCL: 31,500.00 T-Hangars FAA: 55,835.00 80.9 LCL: 28,750.00 18.3 LCL: Local match— Ilghtng/ 227,475.00 FAA: 45,000.00 58.0 LOU 40,000.00 78.9 LCL: 7,191.00 100.0 LCL: 19,820.00 7.4 LCL: 74,580.00 Purchase crack seal FAA: 23,160.60 50.0 LCL: 0.00 0.00 LCL: 27,440.00 2.5 LCL: FAA: 43,825.00 75.0 LCL: 39,200.00 34.4 LCL: 50,000,00 29.9 LCL: Federal: PROJECT DESCRIPTION 34,956.00 Snow removal equip/ Mass casualty unit 28,750.00 Utility tractor /mower blade 8,500.00 Snowplow— sanderNOR IdWier monitor equip, 35,500.00 VASI upgrade/tire chem. 10,000.00 Snowblower /mower 8,250.00 UNICOM facility/ 63,756,00 ADA term. rehab. 35,700.00 Runway overlay 105,750.00 Remove /relocate 31,500.00 T-Hangars 32,5M.00 Build 5 T—hangars 12,000.00 Snow removal equipment 0.00 Automatic gate 19,955.00 Local match— Ilghtng/ 227,475.00 signage 23,100.00 Ramp rehab. 0,00 Equip avionics lab 109,010.00 Emergency 919,350,00 terminal repairs 14,808.00 Crack seal/seal coat Rwy 12/30 74,580.00 Purchase crack seal equipment, materials 37,000.00 Eton, opportAInkage 80,000.00 plan for W/S airports APPLICANT AIRPORT Rio Blanco County Rangely Airport Rio Grande County Del Norte Routt County Chaffee County City of Sterling Telluride Reg, Airport Authority Walker Field Airport Authority Yampa Valley I'leglonal Airport Harriet Alexander Crosson Field Telluride Walker Field TOTAL STATE AWARD OTHER PROJECT AMOUNT PERCENT FUNDING 93,775,00 * 0,00 0,00 LCL: 148,000.00 50,000.00 33.7 LCL: 535,000.00 50,000.00 9.3 LCL: 0,00 Repave auto parking FAA: 80,000.00 30,000.00 50.0 LCL: 103,017,00 33,889,00 32.8. LCL: 1,100,000.00 50,000.00 4.5 LCL: FAA: 82,600.00 * 0.00 0.00 LCL: PROJECT GRAND TOTALS 8,277,924.00 1,188,838.00 5,111,086,00 * Items excluded from project totals DESCRIPTION 0.00 Rehab, crosswind shortfleld runway 98,000.00 Wildlife fencing 10,000.00 Local match - snowplow/ 475,000.00 runway grooving 30,000.00 Rehab apron/taxiway 69,128,00 Build new taxiway/ 60,000.00 Local match — ramp rehab, 990,000.00 0,00 Repave auto parking GRAND TOTALS 8,277,924.00 1,188,838.00 5,111,086,00 * Items excluded from project totals F- i RESOLUTION NO. 7115 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: 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. —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 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 requests 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 Pueblo, a Municipal Corporation, 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 said grant Contract. Funding for this project will be taken from Account #034 -900- 900 - 000 - 900 -9146. —2— SECTION 4 Pueblo, a Municipal Corporation, hereby accepts and shall 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 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 April 26, 1993 BY: HOWARD WHITLOCK Councilperson APPROVED: President of the City Council ATTEST: 417v;,O�� //j - 4� City Clerk —3— p� }���. +� � r rzorm 6 -AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. 'Ibis contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as be may designate. Ibis 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 contact involves the payment of man dust fifty thousand dogma for the construction. emotion, 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 and deliver to and file with the official whose signature appears below for the State . a good and sufficient bond or other acceptabkaurety to be approved by said official in a penal sum not lea that owAWf of the total aawuat payable by the terms of this contract. Such bond shall be duly executed by a qualifies 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. proveador or other supplies used or consumed by such contactor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount riot exceeding the sum specified in the bond. together with interest at the ate of eight per teat per annum 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 or cashier's check or a bank money order payable to the Treaaurcr of the State of Colorado nay be accepted in lieu of a bood. This provision is incompliance with 39- 26-106 CR.S., as amended. MEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify. save and bold harmless the Sure, its employees and agents, against any and all claims, damages. liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees; agents, subcoaractora, or assignees pursuant to the terms of this contact. DISCRUdMTION AND AFFIRMATM ACTION S. -Tbe'eonntactor agrees to comply with the idler and spirit of the Colorado Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-3{ -402. C.R.S. 1982 Replacement Vol.), and as required by Executive order, Equal Opportunity and Affirmative Action, date April 16, 1975. pwsuaw dwmw, die foUowfng prow dew sluaU be coradned in all Swe cm"= or sub- cmoucts. During the perfor of this contact, the contractor agrees as follows: _• - n)' The contactor will not disc riminate against any employee or applicant for employment because of race, creed, color. national origin, sex, marital status, scligion, ancestry. mental or physical handicap. or age. The contractor will take affirmative action to insure that applicants are employed, and the employees are treated during employment, without regard to the above mentioned characteristics. Such action &hull include, but not be limited to the &Uowigg: 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 contactor 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. (Z) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor. aloe that all qualified applicants will receive consideration for employment without regard to race, erred, , olor, national origin, sex, aarital status, religion. ancestry, mental or physical handicap. or age. (3) The contractor will send to each labor union or repreaeoutive of workers with which he has collective bargaining agreement or other contract or undersuagraW. 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 Oppornmity and Affirmative Action, dated April 16, 1975, and of the Hiles, regulations, and relevant Orders of the Governor. (4) The contractor will send to each labor unions 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 much rules, regulations and orders. D — 1 (5) A Labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such Labor organization or discriminate against any of its members in the full enjoyment of wort 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 defined in this contract to be discriminatory. (n In the event of the contractor's noncompliance with the nondiscrimination clauses of this contractor or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations, or order& promulgated in accordance therewith. and such other sanctions as may be unposed and remedies as any 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 subconuacwr or vendor. 71e contractor will take such action with respect to any sub-contracting or purchase order to the contracting agency may direct. as a means of enforcing such provisions, including sanctions for noncompliance; 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 LABOR PREFERENCE 6a. PlCvision 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 uodertakt hereunder and are financed in whole or in part by State funds. b. When 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 -1 -1 and 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 enforcemen of this contract. Any provision of this contract whether or not incorporated herein by reference which provided for arbitration by any extrajudicial body or person or which is otherwise in conflict with said lawn, 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 nay hereafter be established. 9. The signatories hereto aver that they are familiar with 184-301, 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 describe herein. D - 2