HomeMy WebLinkAbout7191RESOLUTION NO. 7191
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
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 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.
-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 Auqust 9, 1993
BY: JOHN CALIFAN
Councilperson
ATTEST:
i
City Clerk
APPROVED:
P �ident of e City Council
—3—
DEPARTMENT OR AGENCY NUMBER:
CONTRACT ROUTING NUMBER
CONTRACT
This Contract, made this ,) // day of- 4z I , - All 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 0096 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 100.000.00 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: 50,000.00
B. Grantee Local Match Amount: 50,000.00
C. Other Amount(s) (federal, private, etc.):
Total Program Costs:
100,000.00
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 H
(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 H 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, 1995 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 insuran 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.
ATTEST
ATTEST
STATE OF COLORADO
ROY ROMER, GOVERNOR
DEPARTMENT OF TRANSPORTATION
Division of Aeronautics
Di ' ion Di ec r
Colorado Aeronautical Board
GRANTEE
By
Title �� � ,
APPROVALS
CLIFFORD W. HALL '. .GALE A. NORTON
State Controlle Attorney t ne 1
J
By By
A
JUL-30 -93 FRI 11 :06 PUEBLO AIRPORT FAX NO. 719 948 4878 P.03
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, CO 81001
TELEPHONE NO. (719) 948 -3361
FAX NO. (719) 948 -4878
PROJECT PERIOD
FROM January 1994
TO December 1994
SIGNATURE TO PROJECT DIRECTOR
TITLE DATE
7/29/93
Kz' �
Lewis A. Quigley
City Manager
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:
Removal of nine 9 underground fuel
tanksand the installation of one
1 1,000 gallon unleaded fuel tank
above round) and one (1) 1,000
g allon diesel fuel. tank above ground).
Also, replacement of asphalt
p avement in and around the Airport's
current above gro fuel far m_
JUL -30 -93 FRI 11 07 PUEBLO AIRPORT FAX NO. 719 948 4878 P.04
PROBLEM STATEMENT:
This section should provide enough information to adequately
describe the conditions requiring state financial assistance.
Nine (9) underground fuel storage tanks located on the Airport need to be
replaced according to E.Y.A. requirements.
Two (2) of these tanks supply the unleaded and diesel fueling of Airport
Maintenance and need to be replaced. New above ground tanks need to be
installed in the Airport's fuel farm area.
Additionally, roadway improvements are needed adjacent to the Airport
Maintenance Building leading to the ramp area and into the fuel farm.
This pavement is in poor condition and needs to be rebuilt to handle
the weight of motor graders, large loaders and other large equipment
using the roadway and fuel farm.
Attach additional pages if necessary
JUL -30 -93 FR I 1107 PUEBLO AIRPORT FAX NO. 719 948 4878 P. 05
GRANT PROPOSAL
Describe how grant funds are to be used.
This Grant Application includes the removal of nine (9) underground fuel storage tanks and
the installation of two (2) 1,000 gallon above ground tanks. The new tanks will be used to
meet the needs of Airport maintenance and will be installed at the Airport's current Above
Ground Fuel Farm. This proposal includes all associated plumbing, piping, pumps, and
engineering.
Additionally, new pavement is needed around the Fuel Farm and Maintenance Building. This
pavement has failed and must be replaced to meet the needs of the heavy equipment utilizing
the area.
To maximize State funds, Airport Staff and equipment will be utilized throughout the project.
Airport Staff will remove the U.S.T_'s under the supervision of a professional tank removal
company that will insure safety. Also, a testing company will be hired to take soil samples
to determine any leakage from the tanks and produce a report.
Airport Staff will also be involved with the removal and disposal of the old pavement around
the Above Ground Fuel Farm.
Attach additional pages if necessary
JUL -30 -93 FRI 11 :08 PUEBLO AIRPORT FAX NO 719 948 4878 P.06
FINANCIAL INFORMATION: Accociate with applicant agency.
(specify city, county, authority)
ASSESSED VALUATION for Airport $ 14,822,783
(city, county)
MILL LEVY
total mills
OVERLAPPING MILL LEVY*
SALES
TAX
RATE 8 - ANNUAL REVENUE S
LONG
TERM
DEBT S
ANNUAL BUDGET FOR APPLICANT AGENCY S 908,949
1993 Budget
ANNUAL BUDGET FOR APPLICANT AIRPORT
(if applicable) S 908,949
* Sum of mill levies of overlapping jurisdictions (e.g.)
Sum of levies of municipality, school district, etc.
* *As of December 31, 1991
JUL -30 -93 FRI 11:08 PUEBLO AIRPORT FAX NO. 719 948 4878 P,07
PART A
PROJECT FUNDING SUMMARY (from all sources)
TOTAL GRANT FUNDS REQUESTED
OTHER FUNDS
Source:
Local $ 50,000
State $
Federal S
�ff lnjqlif !
$ 50,000
1 111
PART B
CONTRACTUAL SERVICES
CONTRACTOR
CONTRACT
TOTAL COST
GRANT SHARE
OTHER
(if known)
PERIOD
UST Removal
Jan. 1994 co
$20,000
$10,000
Dec. 1994
Installation of
Jan. 1994 to
$11,000
$ 5,500
New Tanks and
Dec. 1994
Engineeri
TOTAL CONTRACTUAL SERVICES
$31,000
$15,500
JUL -30 -93 FRI 11;08 PUEBLO AIRPORT FAX NO, 719 948 4878 P.08
PART C
OPERATING EXPENSES
DESCRIPTION
NO. OF UNITS
COST
PER
UNIT
TOTAL
COST
GRANT
SHARE
%
OTHER
%
2- -1,000 Gal. Fuel
Tanks and All
Required Fittings
(2)
$7,000$14,00)
50%
TOTAL OPERATING EXPENSE
PART D
CAPITAL EQUIPMENT
DESCRIPTION
NO. OF UNITS
COST
PER
UNIT
TOTAL
COST
GRANT
SHARE
$
OTHER
2- -1,000 Gal. Fuel
Tanks and All
Required Fittings
(2)
$7,000$14,00)
50%
TOTAL CAPITAL EQUIPMENT
14,00
50%
JUL -30 -93 FRI 11 09 PUEBLO AIRPORT FAX N0, 719 948 4878 P.09
PART E
FACILITY IMPROVEMENTS
DESCRIPTION
ESTIMATED COST
GRANT 5HARE E
OTHER 8
Pavement and
Containment
Area
$55,000
50%
50
C. OPERATING EXPENSES
TOTAL
FACILITY
IMPROVEMENTS
$55,000
50%
50
PART F- BUDGET SUMMARY
TOTAL
GRANT SHARE
%
OTHER SOURCES
%
B. CONTRACTUAL SERVICES
31,000
50
C. OPERATING EXPENSES
D. CAPITAL EQUIPMENT
14,000
50
E. FACILITIES IMPROVEMENTS
55,000
50
TOTAL
100,00
50,000
50
PART G REPORTING REQUIREMENTS
FORMAL CONTRACT FOR EACH GRANT WILL HAVE INDIVIDUAL
REPORTING REQUIREMENTS (See Contract Attachment B)
JUL -30 -93 FRI 11 09 PUEBLO AIRPORT FAX NO. 719 948 4878 P.10
PART H PROJECT CONTACTS
1. PROJECT DIRECTOR
3. PROJECT PAYMENTS RAILED TO
NAME Lewis A. uig
City Manager
NAME City of Pueblo
Finance Department
ADDRESS 1 City Hall l Place
Pueblo, CO 81003
ADDRESS 1 City Hal 1. Place
Pueblo, CO 81003
TELEPHONE NO. (719) 584 -0800
TELEHONE NO. (719) 584 -0845
2. FISCAL RECORDS RESPONSIBILITY
4. PROJECT CORRESPONDENCE TO
NAME City of Pueblo
Finance Department
NAME James P. Elwood, A.A.F.
Director of Aviation
ADDRESS 1 City Hall Place
Pueblo, CO 81003
Pueblo Memorial Airport
ADDRESS 31201 Bryan Circle
Pueblo CO 81001
TELEPHONE NO. (719) 584 -0800
TELEPHONE NO. (719) 948 -3361
AC - Vv 1\ B
COLORADO DEPARTMENT OF TRANSPORTATION
DIVISION OF AERONAUTICS
CONTRACT ATTACHMENT B - SCOPE OF WORK
GRANT OBJECTIVE: 22 -94
To remove and replace leaking underground storage tanks; repave existing road from
airport maintenance area to ramp area and fuel farm.
ACTIVITY #
ACTIVITY DESCRIPTION
22 -94 -01
Obtain competitive bids for the removal of nine (9) underground fuel storage tanks
and replace with four (4) above - ground fuel storage tanks.
(State - 22,500; Local - 22,500)
Submit bids to CDOA for approval.
22 -94 -02
Coordinate with CDOA on development of paving project.
Submit paving project specification to CDOA for review.
Obtain competitive bids for replacement of existing asphalt surface road
connecting fuel farm, ramp and maintenance building.
(State - 27,500; Local - 27,500)
Submit bids to CDOA for approval.
22 -94 -03
Certify satisfactory completion of project.
ATTACHMENT B
ATI VV E T
COLORADO DEPARTMENT OF TRANSPORTATION
DIVISION OF AERONAUTICS
I CONTRACT ATTACHMENT C - GRANT BUDGET
I GRANT PROJECT# 22 -94
3RANT FUNDS APPROVED
OBJECTIVE NUMBER
SOURCE OF FUNDS
TOTAL COST
FEDERAL
STATE
LOCAL
22 -94
1
I
I
(
I
$100,000
$0
$50,000
$50,000
'ROPOSED EXPENSES
CATEGORY
TOTAL
CONTRACTUAL SERVICES
$0.00
OPERATING EXPENSES
$0.00
CAPITAL EQUIPMENT
$0.00
FACILITIES IMPROVEMENTS
$100,000.00
TOTAL
$100,000.00
AC - vV -l \
COLORADO DIVISION OF AERONAUTICS
STATE OF COLORADO
AERONAUTICAL BOARD RESOLUTION 93 -9
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 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(1)); 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.S.R. 43 -10- 110(1)); and
WHEREAS, distribution of tax revenues so collected shall be disbursed to public -
accessible airport 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 to the provisions of
Section C.R.S. 43 -10- 108.5; and
WHEREAS, the Division is charged with administering the state aviation system g rant
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 the used solely for aviation purposes (C.R.S. 43- 10- 108.5(2)); and
WHEREAS, applications have been received by the Division and sufficient moneys exist
in the Aviation Fund to administer a state aviation system grant program.
NOW, THEREFORE, BE IT RESOLVED that the Colorado Aeronautical Board hereby
authorizes aviation system grant awards in the amount of $985,152.00 to grantees
identified in Attachment A and in accordance with C.R.S. 43 -10- 108.5.
BE TT 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, PASSES AND ADOPTED this nineteenth day of August, 1993 at
Englewood, CO.
Michael J. Rock, Chairman
Colorado Aeronautical Board
ATTEST:
Dennis E. Roberts, Director
CDOT- Division of Aeronautics
AttachmentA COLORADO AERONAUTICAL BOARD
DISCRETIONARY AVIATION GRANTS
August 1993
APPLICANT
AIRPORT
TOTAL
STATE
PERCENT
OTHER
PROJECT
Garfield County
Garfield County
PROJECT
AMOUNT
REQUEST
FUNDING
2,700.00
DESCRIPTION
Archuleta County
Stevens Field
310,765.00
50,000,00
16%
LCL:
80,550.00
Access road /electric
FAA:
180,125.00
service to terminal
Aspen— Pltkin County
Sardy Field
22,700.00
0.00
0%
LCL:
17,025.00
Mass Casualty
Municipal Airport
Disaster Unit
Buena Vista
Buena Vista Munl. Airport
1,888,888.00
50,000.00
2.6%
LCL:
138,888.00
Construction and lighting
Kremmling —McElroy Rd.
FAA:
17,000,000,00
for new runway
Burlington
Burlington — Kit Carson
62,719.00
31,360.00
50%
LCL:
31,360,00
Tractor with snow plow/
Grand Junction
County Munl. Airport
74,000.00
48,100.00
65%
LCL:
25,900.00
Crack seal /fog coat taxiway
Loader /mower
Chaffee County
Harriet Alexander Fld.
40,000.00
32,000.00
80%
LCL:
8,000.00
Remove /replace under —
Greeley
Salida
65,000.00
29,317.00
45%
LCL:
35,683.00
ground storage tanks
Colorado Springs
Colorado Springs Municipal
108,523.00
49,921,00
46%
LCL:
58,602,00
Build taxiway to G.A.
development area
Cortez
Cortez/Montezuma
700,000.00
48,750.00
6%
LCL:
43,750.00
Alr carrier ramp rehab,
County Airport
FAA:
607,500.00
Hangar access
Maintenance storage bldg.
Custer County
Silver West Airport
53,000,00
24,000,00
94%
LCL:
3,000,00
Survey, geotechnic and
engineering services
Custer County
Silver West Apt. '•
360,000.00
50,000.00
13%
LCL:
310,000.00
Site preparation and
earth work
Front Range
Airport Authority
Front Range
Airport
43,000.00
18,400.00
42%
LCL:
24,600.00
Modify terminal to ADA strds.
Garfield County
Garfield County
13,500.00
10,800.00
80%
LCL:
2,700.00
Emerg, equipment/supplies
Regional Airport
Tway /ramp maintenance
Glenwood Springs
Glenwood Springs
17,900.00
15,000.00
83%
LCL:
2,900.00
Purchase snow plow
Municipal Airport
Pave helipad
Grand County
Granby Municipal
57,160.00
45,728.00
80%
LCL:
11,432.00
Pave taxiways /around hangar
Kremmling —McElroy Rd.
Pave access /around hangars
Grand Junction
Walker Field
74,000.00
48,100.00
65%
LCL:
25,900.00
Crack seal /fog coat taxiway
Used snorkel truck
Construct/repface roadway
Greeley
Greeley —Weld County
65,000.00
29,317.00
45%
LCL:
35,683.00
Tway /ramp maintenance
Gunnison County
Gunnison County Apt.
60,000.00
48,000,00
80%
LCL:
12,000.00
Crack seal, slurry seal,
Holyoke
Holyoke Municipal
34,451.00
27,560,00
80%
LCL:
6,891.00
fog seal and repair t/wys
Slurry seal runway,
taxiway, apron
Huerfano County
Johnson Field
Walsenburg
62,500.00
34,000.00
54%
LCL:
28,500.00
Resurface apron area
Remove fuel tanks
Jefferson County
Jeffco Airport
3,170,000.00
50,000,00
2%
LCL:
FAA:
267,000.00
2,853,000.00
Local match for
runway project
Julesburg
Julesburg Municipal
41,331,50
20,666.00
50%
LCL:
20,645.50
Crack fill /seal coat
La Junta
La Junta Municipal
79,350.00
29,350.00
36%
LCL;
50,000.00
runway, taxiway, apron
Slurry seal taxiways
Las Animas County
Perry Stokes
Trinidad
80,000.00
40,000.00
50%
LCL:
40,000.00
Hangar doors /pavement
Longmont
Montrose
Vance Brand Airport
Montrose County Apt.
7,000.00
23,000,00
5,600,00
18,400,00
80%
80%
LCL:
LCL:
1,400.00
4,600.00
Crack seal /runway lighting
Crack seal /seal coat
Park County
Central Colorado
Regional Airport
123,700,00
0,00
0%
LCL:
123,700.00
Taxiway B
Market research /air service
Pueblo
Pueblo Mem. Airport
100,000.00
50,000.00
50%
LCL:
50,000.00
procurement/financlal plan'ng
Remove /replace fuel tanks
Rio Blanco County
Routt County
Rangely Airport
Yampa Valley Reg. Apt,
1,034,910,00
47,070.00
50,000.00
27,250,00
4%
58%
LCL:
FAA;
LCL;
53,491.00
931,419.00
19,820.00
Repave tank farm
Runway construction
Signage
Purchase edd'I ARFF
Sterling
Crosson Field
62,790.00
30,950.00
49%
LCL:
32,395,00
equipment
Tractor with snow
Telluride Apt. Auth, Tellluride Reg, Apt.
Total Grants Requested
545,000.00
9,288,257.50
50,000,00
985,152.00
9,2%
LCL;
FAA:
4,500.00
490,500.00
removal /week control
Local match for
taxiway expansion
amendment to CDAG 92— 11
" grant award contingent on verification of addltlonal funding
AC - M E.
RESOLUTION NO. 7191
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
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 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.
—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 9, 1993
BY: JOHN CALIFANO
Councilperson
APPROVED:
Presideni of the City Council
ATTEST:
City derk
—3—
A C mV
Form 6- AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. Thu contract shall not be deemed valid until it shall have 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 AVAH ABUATY
2. Financial obligations of the State payable atler the current 6" year ate contingent upon foods for that purpose being appropriated, budgeted and
otherwise grade available.
BOND REQUIREMENT
3. If this contract involves the payment of mote than fifty thousand dollars for the construction, crection, repair, maintenance. or improvement of any
buUd'wg, toad. bridge. viaduct, tunnel, excavation or other public worts for this State, the contractor shall, before catering the performance of Say such Wort
included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State . a good and suffieiea bond or other
acceptable surety to be approved by acid official in a penal sum cot less than ono -half of the soul amount 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 cc 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 is as amount net exceeding the sum
specified in due bond, together with interest at the rate of eight per teat per samara Unless such bad, When so required. is executed, delivered and filed, no
claim is favor of the contractor arising wader this contract shall be audited, allowed or paid. A certified or cashier's cheek or a bank money order payable to
the Treas rw of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 3 9-26 -106 C.R.S., as amended.
MENOMCATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the Sure, its employees and agents, against any and all
claims, damages, liability and court awards ds including costs, expenses, and anorney fees incurred as a result of any act or omission by the contractor, or its
employees, agents, subcontractors, cc assignees pursuant to the terms of this contract.
DISCR MEMAITON AND AFFIRMATIVE ACTION
5. The'eoatractor agrees to comply With the truer and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practices (24- 34402. C.R.S. 1982 Replacement Vol.). and as requimd by Executivc order, Equal Opportunity
and AWwwative.Action. date April 16, 1975. Prasumu A rao, she foaawvng provisions shall fie contained in ail State cornav= or sub -cmur acsr.
i During the petffaermanee of this contract, the contractor agrees as follows:
I =•!
MITI e contractor will not discriminate against any employee or applicant for employment because of race, creed. color. national origin, sae. marital
status religion, ancestry. mental or physical handicap, or age. The contractor will take affirmative action to insure that licaau are e
app � �P�. ard the
employees ate treated dune emptoymcmt, without regard a the above mentioned characteristics. Such action shall include, but act be limited to the
following: employmcat. upgrading. demotion, or transfer, recruitment or recruitment advcnisiog; la -offs or terminations; rates of pay or other forms of
compauatioo; and selection for t raining. including appreaticutup. The contractor agrees to post in conspicuous planes, available to employees and applicants
for employment. notices to be provided by the contracting offecr seaimg for provision of this nondiscriminatioa clause.
(2) The contractor will, in all Solicitations or advertisements for employees placed by or on behalf of the contractor, sure that all quafrfied applicants
-M receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, mfiigioa, ancestry, mental or physical
handicap. err age.
(3) The contractor Will send to each labor union or represcoutive of w orters with which be has collective bargaining agreement or other contract or
understanding. notice to be provided by the contracting officer, advising the labor union or workers' rcpmscntative of the eoomctoes commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Gove -
(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, rcgulatioas and Orders of the Governor, or pursuant thereto, and will permit access to his boots.
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 sod orders.
(5) A labor organization will Dot 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 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 defined in this contract to be discriminatory.
(7) In the event of the contractor's non-compliance 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 orders
promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as nay 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) 'Ilse 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 ac& m 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 LABOR PREFERENCE
6a. provision of 9 -17 -101 6e, 102. C.R.S. for preference of Colorado labor arc applicable to this contract if public works within the State are undertaken
hereunder and art: financed in whole or in pan by State foods.
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 nos - resident
bidder from a mute or foreign country equal to the preference given or requited by the mute or foreign country in which the noo- maident 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 aaoncys or to eliminate the inconsistency with federal requirements (section 9- 19 -1 -1 and 102, C.R.S.).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto sh" be applied in the imerprctatioa, execution and taforumcnt
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 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 eaforceable or available in
any action at law whether byway of complaint, defense or otherwise. Any provision madcmd null and void by the operation of this provision win"
invalidate the remainder of this contract to the extent that the contract is capable of execution.
1. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal sad sutc laws, rules and regulations
that have been or nary hereafter be esublished.
9. The signatories berao aver that they am familiar with 11-1 -301, et. seq..(Rn - bcry and Corrupt Muenecs) and 11-8 01, ct. req., (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 mute employee his a personal or beneficial interest whatsoever in the service or property described
herein.