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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.