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HomeMy WebLinkAbout79-78 RESOLUTION• RESOLUTION NO. 29-']� A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AIRPORT GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor, City Clerk are hereby authorized and directed to execute with the Federal Aviation Administration the Airport Grant Agreement attached hereto, marked Exhibit "A", and made a part hereof. ��{{ I PASSED AND APPROVED this APL" day ofe +�jyyt,b-..A) 1978. APPROVED: MAYOR .;ATTEST: fisr t 4 ...-AA, 1% 67--Oef ti t CITV =CLERK MICROFILMED DATE JUN 1 5 1979 REEL — • DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Page 1 of 4 pages Date of Offer Fayetteville Municipal(Drake Field) Airport Project No. 6-05-0020-09 Contract No. DOT FA 79 SW -8807 TO: City of Fayetteville, Arkansas (herein referred to as the "Sponsor") 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 SProject Applications dated July 21, 1977 and May 18, 1978 , 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 FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Phase II of: "Construct terminal apron (approx. 18,300 S.Y.); install apron security lighting and access road lighting; relocate ceilometer;" and Phase III of: "Construct terminal building". 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 1632 PG. 1 PAGE 1 Ti • • • Page 2 of 4 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, subject to the maximum dollar amounts set out below, (1) from funds appro- priated under the Airport and Airways Development Act of 1970, as amended (AADA), 80 percentum of the allowable costs incurred in construction of the terminal apron, installation of apron security lighting and access road lighting, and relocation of ceilometer, and 50 percentum of the allowable costs incurred in construction of the terminal building and; (2) from Ozark Regional Commission funds appropriated under the Public Works and Economic Act of 1965, as amended (PWEDA), 30 percentum of said cost of said terminal building. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $372,790 from funds appropriated under the AADA. 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; 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"; (b) • (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. 2 (10-711 SUPERSEDES FAA FORM 1632 PG. 2 PAGE 2 • • 1 • Page 3a of 4 pages 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. 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 60 days or such subsequent date as may be prescribed in writing by the FAA. 7. 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 operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. 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 (OMB E) representative as identified 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 OM13E 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 to bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CPR 21 Appendix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. The Sponsor agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this agreement. For the purpoaes of this provision, "minority businessenterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asiana or Pacific Islanders; American Indiana; and Alaskan natives. Sponsor further agrees to comply with such regulations as may be iasued by the Federal Aviation Administration to implement Section 30 of the Act. • FAA Form 5100-13 SW SUP (12/21/76) 4 • • • • Page 3b of 4 pages 9. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section'114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 10. It is 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. 11. 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". 12. 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. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the sponsor under prior grant agreements to furnish rent-free space and/or cost-free areas for the activities specified in such agreements. FAA Foxm 5100-13 SW SUP (12/21/76) • • • • • Page 3c of 4 pages 13. 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) ko„o34( (Exhibit "A") attached to the Project Application dated September 2, 1971 for project 8-05-0020-01 and in the plans and specifications which shall be submitted to the FAA for approval as per condition 17 herein. 14. 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). (b) Comply with the provisions set forth in Appendix I, attached hereto. 15. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each nir carrier, authorized to engage directly in nir transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the federal share of an airport development project for which a grant in made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing feeo, rates, and chargee for users of the airport. • FAA Form 5100-13 SW SUP (12/21/76) • • • • • • Page 3d of 4 Pages 17. Notwithstanding any other provision hereof or any recital in the formal Application for Federal Assistance incorporated herein, Sponsor specially acknowledges that final plans and specifications for this project have not been approved by FAA; that Sponsor will comply with, among others, sponsor's assurance 4 on page 6 of said Application; and that FAA shall not be obligated to find any cost incurred allowable or to make any payment hereunder until Sponsor has so complied. Sponsor covenants and agrees that it will not advertise for bids, award any contract, or commence construction for the items of airport development to be accomplished under this project until it has submitted final plans and specifications satisfactory to the Administrator and such plans and specifications have been approved. The Sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 120 days from the date of this Grant Agreement, unless the time for submittal is extended in writing. 18. Notwithstanding any other provision hereof, the term "Project Application" as used herein shall be those Applications for Federal Assistance (together with the attachments and appendages) physically attached to the Grant Agreement for ADAP Projects 6-05-0020-08 and 6-05-0020-06. These Applica- tions for Federal Assistance are hereby incorporated herein by reference for all purposes. • • 11. • 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, provided, however, that this time limitation shall not apply to real property acquired with federal assistance, DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA FERAL AVIATI N ADR NISTRATION By. RIDE, Chf 'f Th'fctahoma City Aiports District (TITLE) Office, FAA, SW Region Part Il -Acceptance The Sponsor named immediately below 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 (SEAL) 1{l1tt atit t,4„ At.t.esi , d\ /1 day of Ttl ` C Cl tk Y. .71 a)t,` CPRTIrICATE OF of '`tlie•A sport .e 197'; City of Fayettevilleikansas 7r, (Nam of c hS' ) By Title Mayor SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) aeid Airway Development Act -of 1970, as amended. I, acting as Attorney for the above named 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 authorized and that the execution thereof is' in all respects due and proper and in accordance with the laws of this State, 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 Fayetteville, Arkansas this (J'ray o FAA Ishan '5100-13 (10-71) ASWRO (Dec/78) City Attorney Title I t\ • APPENDIX 1 • • The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor in 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, con- tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program 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, religion, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employes 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, demo- tion, transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to poat in conspicuous places, available to employes and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (2) The contractorwill, in all solicitations or advertisements for employes placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, 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 understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employes 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 Appendix 1 Page 1 • • • • hie books, records, and accounts by the administering agency and•the Secretary of Labor for purposes of investigation to ascertain 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 am may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, 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 sub- contract 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 agency 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 opportunity 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 equal 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. Appen$ix 1 - Page 2 • • • • The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to Executive Order 11 24 6 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 subcon- tractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agaicy 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 extending 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 Justice for appropriate legal proceedings. Appendix,1 Page 3