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Home My WebLink About43-75 RESOLUTIONT -ed RESOLUTION NO.14g-O— A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OFFER WITH THE FEDERAL AVIATION ADMINISTRATION FOR PROJECT 8-05-0020-04. WHEREAS, an application for federal assistance, dated May 1, 1975, has been submitted to the Department of Transpor- tation, Federal Aviation Administration, requesting federal participation in the cost of certain improvements at Drake Field Airport; and WHEREAS, the FAA has issued a grant offer which, if duly accepted, provides a commitment of $105,471.00 in federal funds for development specified therein; and WHEREAS, it is determined to be in the interest of the City of Fayetteville, Arkansas, to accept said grant offer. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a grant offer by the Department of Transportation, Federal Aviation Ad- ministration, for federal participation in the cost of certain improvements at Drake Field Airport. A copy of said offer, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the City of Fayetteville, Arkansas, hereby accepts the provisions of said offer. PASSED AND APPROVED THIS AkDAY OF 1975. r — • Vie - "s... Az. SWOP. . ATTEST:: - 1..)L e A ILLS -kJ APPROVED: r)77e,ti 4d.z-n) MAYOR CITY CLERK • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Date of Offer Project No. Contract No. Page 1 of 2 pages Das nom Airport 114341020414 11 75 seetio TO: rinott (herein referred to as FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated Eby• 1, 1975 for a grant of Federal funds for a project for develop- ment of the Airport (herein called the "Airport"), together wigir rnsitadspecifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Contract porral derlattea span• aim (appuebstaly 31f41 LT.); restentnet portles of poen' :Halos opts (sppretibistely 7370 CT.); reeenstreet sad matt gouts pinion of otrallal eassettag tethers ingintaboatety 40"22350'). all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1532 PG. 1 PAGE 1 Page 2 of is pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), 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 Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 752 e stitbl* reject teen* This Offer is made on and subject to the following terms and conditions: I. The maximum obligation of the United States payable under this Offer shall be $11.03.471. 2. The Sponsor shall: (a) begin accomplishment of the Project within..natigatif )0616417116“PYS66days 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 with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.45- 152.55 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as 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 the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.41 (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 152 57 - 152.63 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.63 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant,to Section 152.63 of the Regulations, final 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 5100-13 PG. Z(1071) SUPERSEDES FAA FORM 1632 PG. 2 PAGE 2 • Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as provided in the Application for Federal Assistance incorporated herein and specifically covenants and agrees, in accordance with its Assurance 20 in Part V of said Application for Federal Assistance that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilititas provided for the public on the Airport. 6. The FAA reserves the right to amend or withdraw this Offer at any 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 Offer has been accepted by the Sponsor on or before June 27, 1975, or such subsequent date as may be prescribed in writing by the FAA. 8. 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 Airport. Such land shall be adjacent to the facilities served. 9. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identifiec: by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and. made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appen- dix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. 10. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWRO 3-19-75) • Page 3a of 4 pages 11. The Airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached (to the Application for Federal Assistance attached hereto)* ickekaoryboakizakiatxd:ilsisck IOC XXX XXX% xxxxxxxxxioncoamodersintinacxxxxxxxxxxxxxxxxxxxxxx)&xxSxtstaxx AtIockacoztroapplacationottgagaxxxxxlcoucxxxxxxxxxrazioqxickfarectaispRc xxxxxxxxxxxretescoanduckratunp;lansuagorkxspeocidcinatrtenscxxtep;ptvoicarbinciek 6anbariathedodscoek the FAA on April 2, 1975, which are all made a part hereof. 4* 4 Z .-$•*, 14 1111•11,1 Z • ?°'. • lir 1 12. It is further understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under the Agreement. 13. In addition the Sponsor shall: (a) 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 FR 7804, 41 CFR Part 60-1). (10 Comply with the provisions set forth in Appendix I, attached hereto. 14. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27, of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. SUPPLEMENT - FAA Form 5100-13 - Page 3a (ASWRO 3-19-75) • 4 Page 4 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project 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 Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. 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. air OW 110115/Oittelett UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By040‘4.0klabelle CILY ,IMPIOrto Disistet Orate* Sioarbast (TITLE) latical nt Part II -Acceptance The 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: TitIe c. By Title e of Sponsor CERTIFICATE OF SPONSOR'S ATTO EY , acting agNAttorney for City. (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 ben 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, and further that, in my opiffion, said Grant Attar* Agreement constitutes a lega an binding obligation of the Sponsor in accordatke with the terms thereof. Dated at this day of FAA FORM 5100-13 PG 4(10-71) SUPERSEDES FAA FORM 1632 PG 4 Title 19. • PAGE 4