No preview available
HomeMy WebLinkAbout60-71 RESOLUTIONcy—r" •••• -we* RESOLUTION NO. A RESOLUTION ACCEPTING GRANT OFFER OF UNITED STATES ON PROJECT NO. 8-05-0020-1 AT FAYETTEVILLE MUNICIPAL AIRPORT AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT orlik IN BEHALF OF THE CITY OF FAYETTEVILLE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS THAT: SECTION 1: That certain GRANT OFFER tendered to the City of Fayetteville by the United States of America, Department of Transportation, Federal Aviation Administration, dated September 17, 1971, relating to planned improvements at the Fayetteville Municipal Airport on a project numbered 8-05-0020-1 which GRANT OFFER is designated as Contract No. DOT FA 72 SW 1119, a copy of which is hereto attached and incorporated in this Resolution as fully as though set out herein word for word and line for line, be the same is hereby accepted by the City of Fayetteville, Arkansas SECTION 2: The mayor of the City of Fayetteville be and he is hereby authorized to execute the said GRANT OFFER for and in behalf of the City of Fayetteville his signature to be attested by the City Clerk. This Resolution adopted this cgtbit day of September, 1971. ATTESCI taw.— .:kk_11CR:Sjit, :173- Olelte41184114.0 City Clerk • :211 DEPARthEill OF TRANSPORTATION FEDERAL AVIATION larGY...."N-(St ADMINISTRATION • . . Page 1 of 8 pages GRANT AGREEMENT Part 1 -Offer Hate of Offer 17 SEP 1971 Drake Field Airport Project No. 8-05-0020-01 Contract No. DOT FA 72 SW -1119. TO: The City. of Fayetteville, Arkansas (herein referred to as the "Sponsor") Adminis tration FROM: The United States of America (acting through the Federal Aviation Aguney, herein re- ferred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 2 September 1971 , for a grant of Federal funds for a project for develop. ment of the Drake Field Airport (herein called -the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and . WHEREAS, the FAX has approved a project for development of the Airport (herein called the "Project") consisting of the following -den, thed airport development: Acquire land (easement for NAVAID installation or.other property interest satisfactory to the Administrator in and to Tracts 2, 3 and 4 as shown on property map Exhibit "A"); overlay Runway 16-34 (100' x 6000'); construct turnarounds at each end of Runway 16-34;'. overlay portion of parallel:and conneeting taxiways; overlay , terminal apron (150' x 350'); overlay portion of general aviation ,apron (approximately 16,000 square feet) including connecting taxi- way; perform pavement marking incidental to construction. all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 1632 (3-62) (JE PREVIOUS EDITION PAGE 1 ? --trda Page 2 of 8 pages NOW 'THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, • as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Ahport as herein provided, THE FEDERAL. AVIATION AGENCY, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of thc allowable costs incurred in accomplishing die Project, eighty-two per centum of the allowable costs, of land for the installation of the approach light system and fifty per centum of all other allowable project costs. This Offer is made on and subject to the following terms and conditions: I. The maximum obligation of thc United States payable under this Offer shall be $178,160.00 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance \rid' the terms hereof, the Federal Airport -Act, and Sections 151.45-151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) in effectas of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; -(c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of thc project -shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 1 5 1.57-1 51.6 3 of the Regulations. Final determination as to the allowability of the costs of the project will bc made at the time of the final grant payment pursuant to Section 151 63 of the Regulations: Provided, that, in the event a semi-final grant payment. is made pursuant to Section 1 51.63' of the Regulations, I inal determination as to the allowability of those Costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 1632 (6-63) DESTROY PREVIOUS EDITION PAGE 2 Pace 3 f 8 pages The Sponsor shall operate and maintain the Airport as provided in the Project Application incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person er organi:ation occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, religion, sex, or national origin in the use of any of the facilities provided for. the public on the airport. The FAA reserves the right to amend or.withdraw this Offer at ony time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Opffer has been accepted by the Sponsor on or before 16 NOV 1971 or such subsequent date as may be prescribed in writino by the FAA. 8. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Appendix 1 attached hereto, or such modification thereof as may be approved by the Secretary of Labor pursuant to the provisions of Executive Order No. 11246 of 24 September 1965. . (b) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 F.R. 7804, 41 unt Part 60-1). (c) Pe bound by said equal opportunity clause in any Federally assisted construction work in which it participates. • (d) Cooperate actively with the FAA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with. the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor. • (e) Furnish the FAA and the Secretary of Lcbor such information as they may require for the supervision of such compliance and will other- wise assist the FAA in the discharge of its primary responsibility for securing compliance. PAGE 3 (f) Page 4 of 8 pages Refrain from entering into any contract or contract modification subject to Executive Order No. 11246 with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246. Carry out such sanctions and penalties for violation of the , equal opportunity clause as may be imposed upon contractors and subcontractors by the FAA and the Secretary of Labor pursuant to Part II: Subpart D of Executive Order No. 11246; and in the event that the sponsor fails or refuses to comply with its undertakings, the FAA may cancel, terminate or suspenC.in whole or in part any contractual arrangement it may have witil the sponsor, may refrain from extending any further assistance under any of its programs subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from each applicant: or may refer the case to the Department of Justice for appropriate legal proceedings. (a) It is understood and agreed that the references to Part 15 of the Federal Aviation Regulations (14 CFR 15) as included in the Sponsor's Assurances of Fondiscrimination attached to the Project Application and incorporated herein by referenCe are hereby changed to Part 21 of the Regulations of the Office of the Seeretarylof Transportation (49 CFR 21) and sponsor agrees to carry out this project and operate the airport: in compliance with all of the requirements imposed pursuant.. to Part 21. It is further understood and agreed that, if requested, sponsor will resubmit its Assurance of.Nondiscrim- ination in such form as may hereafter be approved by the Secretary of the Department of Transportation. (b) It is understood and agreed that the terms "Federal Aviation Agency" or "Federal Airport'Act", wheiever they appear in this agreement, in the project application, plans, and specifications or in any other document constituting a part of this agreement shall be deemed to mean "Federal Aviation Administration" or the "Airport and Airway Development Act of 1970", as the case may be. (c) It is understood and agreed that subparagraphs a and b of paragraph 3 of Part III - Sponsor's Assurance Of the Project Application - are amended and revised to delete the words "or • Page 1 • Page '5 of g pages hereafter" wherever they appear therein. It is the intent of this amendment to limit the application of the exclusive rights policy only to airports nol,rowned or controlled by the sponsor. (d) The sponsor agrees that it will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the Circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection. (e) It is further understood and agreed that paragraph 10, Pare III of the project application is revised to read as follows: The sponsor will furnish the FAA with such annual or special airport financial and operationB1 reports as may be reasonably requested. Such rePorts may be submitted on forms furnished by the FAA, or may be submitted in such manner as the sponsor elects as long as the essential data is furnished. The air- port and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations, and other instruments will 136 made available for inspection and audit by the FAA and the Comptroller General of the United .States„ or his duly authorized representative upon reasonable request. The sponsor will furnish to the FAA or.the General Accounting Office a true copy of any such documents. It is also understood and agreed that paragraph 2, Part III of the project application is revised to read as follows: The sponsor will operate the airport as such for the use and benefit of the public. In furtherance of this covenant, (but without limiting its general applicability and effect) the sponsor specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such typeslkinds, and classes; provided, that the sponsor may establish such fair, equal and not unjustly discriminatory conditions to be met by all uSers of the airport; and provided further, that the sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary. Page 5 Page 6 of 8 pages (a) For safe and efficient use of the airport (b) To keep operatiOn activities within acceptable noise levels, or (c) To serve the civil aviation needs of the public. .It is understood and agreed that the sponsor will provide for. FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the airport. It is further understood and agreed that sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the. air- port. Such land shall be adjacent to the facilities served. (h) It is mutually understood and agreed that the plans and • specifications received by the Federal Aviation Administration on 1 September 1971 are hereby incorporated into the Project • Application and made a part of this Grant Agreement. : (i) It is understood and agreed that the obligation of the United States to pay 82% of the cost of aCquiring land for apProach light,system purposes as set forth in the first paragraph,• • Page 2 of the Grant Agreement is limited to the cost of ac- • quiring easements or other property interests satisfactory to the Administrator in and to an area of. land comprised Of • Tracts 2, 3 and 4 as shown on Exhibit "A" dated July 1971 • attached to the Project Application incorporated into the • Grant Agreement. 10. Pursuant to Paragraph 9, .Part III of the Project Application dated 2 September 1971, the Sponsor hereby coyenants and agrees to furnish the Federal Government without cost, within four months after written request therefor, such estates or interests in such lands or rights• in buildings as are deemed necessary by FAA for the construction and operation on the airport of the structures or facilities set forth below, provided the respective areas of land and/or buildings deemed adequate by FAA for such purposes are avail- able without• the necessity for removing or relocating other facili- ties and are within the geographic boundaries of the airport at the time request therefor is made by the FAA; together with rights of ready access in and to such areas or buildings for construction, page 6 4 t00% 4.; Page 7 of .8 pages occupancy and use and the right to connect to exiting utilities and to be furnished the utility services required to the extent of available capacity at no more than prevailing rates The facilities or structures involved and the maximum area of land, or rights in buildings, the Sponsor is obligated to furnish are as follows: Air traffic control tower - approxinately two acres. It is further understood and agreed that nothing contained herein . shall in any way affect the rights of the United States or obliga- tions of the Sponsor under prior Grant Agreements to furnish rent- free space for the activities specified in such prior Agreements nor shall anything contained herein be construed as obligating the Federal Government to construct, occupy or operate a control tower at the airport. • PAGE 7 . 8 Page 4; of 8 pages The Sponsor's Acceptance of this Offer and ratification and adoption of tht 'Proj6et Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Federal Airport Act, constitu•ting the obligations and rights of the United States and the Spon- sor with respect to the accomplishment of the Project and the operation and maintenance of the Air- port. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of. the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY ORIGINAL SIGNED BY F. J. SCHNITZER By Chief,. Fort .Worth.A3.rp.o.rts..1/iistrict .0f lice (TITLE) Part •II -Acceptance The City of Fayetteville, Arkansas, does hereby ratify and adopt- all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. • Executed this day of 19 (SEAL) Attest:C-:aldt—irhna} Title: auk C . I7AY 17 •LE,. AFicANSAS.._. •• of Sponsor) itis CERTIFICATE OF SPONSOR'S ATTORNEY .............. acting as Attorney .for the. City .of .Fayetteville, .(herein referred to as the "Sponsor") do hereby certify That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Arkansas. , and further that, in my opinion, said Grant Agreement constitutes a legal and binding 'obligation of the Sponsor in accordance with the terms thereof. • Dated at this day of , 19 . Title FAA FORM 1632 (3-62) USE pro-N)ous F.DITION PAGE X 8 APPEIDDC 1 The Sponsor hereby agrees that it will incorporate or cause to be incor- porated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal proram involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance -of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, sex, imeligion, or national origin. The contractor will take affirmative action to eAsure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or tranthfer, recruit- ment or recruitment advertising; layoff or termination; rates of pay or, other forms of compensation; and selection for training, including apprenticeship. The contrac- tor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non- discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or under- standing, a notice to be provided advising the said labor union or workers' xepresentatives !of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary. of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investiga- tion to accertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or:orders this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 ' of October 1967, and such other sanctions may be imposed and remedies invoked as 416'5' -sSe'N‘ provided in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering ageney may direct as a means of enforcing such provisions; including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above eqUal oppor- tunity clause with respect to its own employment practices when it participates in federally assisted construction work; Provided, that if the Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentally or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the eaual opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility .for securing compliance. The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to EXecutive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontrac- tors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the EXecutive order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extend- ing any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sponsor; and refer the case to the Department of , Justic for appropriate legal proceedings.