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HomeMy WebLinkAbout84-25 RESOLUTION NO. 84-25 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE MAYOR TO SIGN GRANT AGREEMENT 2 (CALIFORNIA DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS, UKIAH MUNICIPAL AIRPORT) 3 4 The City Council of the City of Ukiah hereby RESOLVES: 5 That the City of Ukiah shall accept the Grant Offer of the State of 6 California in the amount of $500,000 for the purpose of obtaining CAAP 7 Project Men-3-82-1 in the development of the Ukiah Municipal Airport; and 8 That the Mayor of the City of Ukiah is hereby authorized and directed to 9 execute and accept said Grant Offer on behalf of the City of Ukiah, and the 10 City Clerk is hereby authorized and directed to attest the signature of the 11 Mayor and to impress the official seal of the City of Ukiah on the aforesaid 12 Statement of Acceptance; and 13 A true copy of the Grant Offer referred to herein is attached hereto 14 and made a part hereof. 15 PASSED AND ADOPTED this 20th day of September 1983, by the 16 following roll call vote: 17 AYES: Counci lmembers Fei busCh, Dickens , Hickey, Myers , Kelley 18 NOES: None 19 ABSENT: None 20 21 , 22 Mayor 23 ATTEST: 24 25 City Clerk 26 27 28 CALIFORNIA AID TO AIRPORTS PROGRAM GRANT AGREEMENT (Construction) THIS AGREEMENT, MADE AND ENTERED INTO ON THIS 19th DAY OF September 1983 , BY AND BETWEEN STATE OF CALIFORNIA, Department of Transportation , hereafter referred to as "STATE" , CITY OF UKIAH A political subdivision of the State of California, hereafter referred to as "PUBLIC ENTITY" . WHEREAS , section 21215 of the California Public Utilities Code has embodied the former duties , powers , purposes , and respon- sibilities of the State Aeronautics Board in the California Trans- portation Commission, the Commission may, pursuant to the provisions of Chapter 4, Article 42 of the California Public Utilities Code , sections 21680 , et seq. , allocate monies to public entities for the acquisition and development of airports upon the recommendations of the Department and pursuant to Department regulations set forth in Title 21, Chapter 2 . 5 , subchapter 4 , sections 4050 , et seq. , of the California Administrative Code ; and WHEREAS , pursuant to the above authority, the California Transportation Commission allocated a maximum amount of $ 500, 000 from the Aeronautics Account of the State Transportation Fund by Resolution Number FDA-83-3 1982/83 Fiscal Year Page 1 of 6 (12/80) NOW THEREFORE, in consideration of the covenants and conditions hereafter expressed, the parties agree as follows : SECTION I 1 . PUBLIC ENTITY shall perform all work necessary to complete the following described airport improvement(s) , here- after referred to as "IMPROVEMENT" : Application Number: CAAP #Men-3-82-1 Detailed Project Description: Reconstruct overlay and restripe runway and taxiway, install subdrains, and extend taxiway. Basic Bid $951, 322 .85 Federal Participation 447,900 .00 Local Match 95 ,132 .29 State Share Construction $408 , 290 .56 loo Possible Change Orders 40, 829 .06 $4491119 .62 Eligible Project Services 50 , 880 .38 Estimated State Cost 500 ,000 .00 Maximum State Cost $500 ,000 .00 Conditions: Construction plans and specifications must be in accordance with both the current Caltrans standard specifications and Federal Aviation Administration dimensional criteria (Advisory Circular 150/5300-4B) . (12/80) Page 2 of 6 2 . PUBLIC ENTITY shall comply with any special conditions set forth in the Letter of Allocation issued by the Department of Transportation. 3. PUBLIC ENTITY shall deposit the sum of $.55 , 556 which represents PUBLIC ENTITY' s share for IMPROVEMENT in the Ukiah Municipal Airport Special Aviation Account within the PUBLIC ENTITY' s Special Aviation Fund in accordance with Public Utilities Code section 21684. All other moneys received from STATE or the Federal Government for IMPROVEMENT shall also be placed in this account. 4. PUBLIC ENTITY shall enter into all necessary contracts for construction of IMPROVEMENT by October 15, 1983 , and shall cause all work to be completed by June 30 , 1984 or such subsequent dates as may be designated in writing by STATE . S . PUBLIC ENTITY shall carry out and complete IMPROVEMENT in accordance with the plans and specifications which have been approved in writing by STATE. Any changes from or modification of said documents shall require written approval by STATE. 6. PUBLIC ENTITY shall allow authorized STATE representatives to inspect the work being performed at any time during the construction of IMPROVEMENT. 7. PUBLIC ENTITY agrees to retain all books , records , and accounts relating to this Grant Agreement for at least six (6) years after completion of IMPROVEMENT, and shall make these documents available for examination by STATE upon request . (12/80) Page 3 of 6 8 . PUBLIC ENTITY shall comply with all applicable STATE laws and regulations . 9 . PUBLIC ENTITY shall indemnify and hold harmless the STATE and all officials and employees thereof from all claims , suits or actions of every kind, brought for, or on account of, any damage or liability occurring by reason of, or resulting from: (1) anything done or omitted to be done by PUBLIC ENTITY under this Grant Agreement ; and/or (2) the construction of IMPROVEMENT by or in consequence of any negligence in guarding IMPRO%rE�IENT: and/or (3) the use of improper materials in construction of the IMPROVEMENT; and/or (4) any act or omission by the Contractor or his agents during the progress of constructing IMPROVEMENT and at any time before its completion and final acceptance. PUBLIC ENTITY ' s duty to indemnify and save harmless shall include the duty to defend, as set forth in Section 2778 of the Civil Code. 10 . PUBLIC ENTITY shall return with this Grant Agreement a copy of the Resolution, Ordinance, or Minute Order authorizing an individual by name and title to execute the Grant Agreement . 11. PUBLIC ENTITY shall pay in addition to the amount described in paragraph 3 of this section 10 percent of the cost of any change orders pertinent to IMPROVEMENT which have been approved in writing by both STATE and PUBLIC ENTITY. This money will be deposited into the account described inara ra h P g p 3. 12 . PUBLIC ENTITY shall pay to STATE all Federal moneys received by PUBLIC ENTITY for the cost of STATE ' s share of (12/80) Page 4 of 6 IMPROVEMENT. Repayment is due within 30 days of receipt of Federal funds . Repayment is required for such Federal funds paid either before , during , or after construction of IMPROVEJ�TENT. Repayment to STATE shall not exceed the amount of moneys actually disbursed by STATE to PUBLIC ENTITY pursuant to this Grant Agreement. SECTION II 1. Upon written acceptance by STATE that PUBLIC ENTITY has fulfilled all of the conditions stated in SECTION I , STATE shall disburse the State ' s share of the project cost up to $500 ,000 in the manner described in paragraph 2 of this section. However, in no event shall the total disbursement exceed the sum of $500 ,000 , unless authorized by supplemental allocation Allocate Amount) by the California Transportation Commission. 2 . Upon receipt of request for payment by PUBLIC ENTITY, STATE agrees to make monthly progress payments by any one or combi- nation of the following methods : (a) PUBLIC ENTITY may submit certification of the percentage of the work completed, multiplied by 90 percent of the sum identified in para- graph 1 of this section; or (b) PUBLIC ENTITY may submit copies of the Contractor' s invoices for materials delivered, up to 90 percent of the sum identified in paragraph 1 of this section ; or (c) PUBLIC ENTITY may submit invoices for change orders which have been approved in writing by Page 5 of 6 (12/80) both PUBLIC ENTITY and STATE together with a request for payment by STATE of 90 percent of the invoice amount. Regardless of the method under which progress payments are submitted, 10 percent of the STATE ' s share indicated in paragraph 1 of this section shall be retained by STATE until final acceptance of IMPROVEMENT. 4. After final inspection and written approval of IMPROVEMENT by STATE , STATE will pay the balance of grant to PUBLIC ENTITY. PUBLIC ENTITY' S ACCEPTANCE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION I hereby certify that the sum of Division of Aeronautics $55, 556 has been deposited in the Ukiah Municipal Airport By: account within the PUBLIC ENTITY ' S MARK F. �IISPAGEL, Chief Special Aviation Fund to match the Division of Aeronautics sum of money granted by the STATE as provided by Section 21683 of I hereby certify upon my own the Public Utilities Code. personal knowledge that allo- EXECUTED THIS 20th DAY OF Gated funds are available for the period and purpose of the September 1983 expenditure stated above. Dated: By: \ . Curtis Spears Title : Mayor Accounting Officer Page 6 of 6 (12/80)