Loading...
HomeMy WebLinkAbout73-611 4 6 ? 8 9 10 11 14 16 17 18 19 RESOLUTION NO. 7 3- 61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ACCEPTING GRANT OFFER RELATING TO DEVELOPMENTAL PROJECTS AT THE UKIAH MUNICI- PAL AIRPORT Whereas, through the Airport Development Aid Project of the United States Department of Transportation, monies are made available for developmental projects at airport facilities, and Whereas, the City of Ukiah has applied for funds from said Airport Development Aid Project making said application through the Federal Aviation Administration, and Whereas, the United States of America acting through the Federal Aviation Administration has tendered a Grant Agreement. Now, Therefore, it is hereby resolved by the City Council of the City of Ukiah as follows: That the City of Ukiah accepts the Grant Offer of the United States of America made by and through the Federal Aviation Administration. Said Grant Offer commits the United States of America to a maximum obligation of $48,333.0 said funds to be applied to Project ~.!o. 7-06-0268-01. Said project having Con- tract No. DOT FA73WE-2307; said project consisting of construction of parking apron including tie-downs and connecting taxiway and including marking and drainage and installation of perimeter fencing at the Ukiah Municipal Airport. The City Manager of the City of Ukiah, James A. Swayne, is hereby authorized to sign on behalf of the City of Ukiah the acceptance of the Grant Offer and the Clerk of the City of Ukiah is hereby directed to attest to said signature and to affix to said acceptance the seal of the City of Ukiaho That a true copy of the Grant Offer referred to herein is attached here- to and made a part hereof as if set forth in whole. PASSED AND ADOPTED this 29th day of June, 1973 by the following roll cai vote: AYES: Councilmen Norgard~ Pearson & Mayor Simpson. NOES: None ~BENT: Councilmen Weinkauf and 3ity Clerk Buxton ~~~~ . -~ ,/~ ~a¥~r~ ..... -' '~:" Page I of 7 pages DEPAI:FI'MENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Part 1-Offer Date of Offer Project No. Contract No. June 26, 1973 Ukiah Municipal 7-06-0268-01 DOT FA73~W~-2307 Airport TO': 'CI~L~Z' OF UKIAH, CA~IFOP. NIA (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein · referr, e.d.to as the "FAA") '~VI4EKEAS, the Sponsor has submitted to the FAA a Project Application dated Agril 17, 1973 , for a grant of Federal funds for a project for develop- ment of the Ukiah Municipal 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, tbe.: FAA has approved a project for development of the Airport (herein called the "Project") consisting of the folJ. owing-described airport development: Construct. parking apron (approx. 50,000 sq. ft.) including tiedowns, and connecting taxiway (approx. 50~ x 50'), including marking and drainage; Install perimeter fencing (approx. 13,600 LF) including gates. all as more particularly described in the property map and plans and specifications incorporated the s~d Project Application; FAA FORM 5100'13 PG. 'l (10'71} SUPERSEDES FAA FORM 1632 PG. Page 2 of 7 pages ?'IOW ,t.cREFORE, pursuant to and for the purpose of carrving out the provisions of the Aircort ~.-~.-~.,~4 (49 U.S.C 1701'), and in consideration of and ;\i:'w;~v Development Act of 1970, as ,,.~t,.~,.wc~ . ri':: Sponsor's adoption and ratification of the representations and assurances contained in said e Project ~:~.?plication, and its acceptance of this Offer as hereinafter provided, and (b) the b neff'cs to accrue to rite United States and the public from the accomplishment of the Project and the ooe:ation and maintenance of tb~e Airport as herein provided, THE FEDERAL AVIATION AD- ~ilNJSTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND ~,to. REr~.~ to paT, as the United States share of the allowable costs incurred in accomplishing the Project, 80.59 per cent:ma ot~ t:he allowable costs. 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 $48~333o00. 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 with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 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 t~,ereinafter 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 ma:~ be revised or modified with the approval of the FAA. 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 152.47 (b) of the Regula- tions. . Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65- 152.71 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 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 152.7[ of the Regulations, final determination as to the allowability of those costs to which such semi- final paymen*., relates will be made at the time of such semi-final payment. FAA FORM 5100--13 PG. 2 (7--72) i SUPCRSEDES PREVIOUS EDITION PAGE 7. , , , . Page 3 of ,2 pages The Slxmsor.shatl operate and maintain the Airport as Provided in the Project Appl?ca- tion 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 or organization occupying space or facili- ties thert~n-witl discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the hci!ities provided for the public oa the airport. The FAA reserves the fight to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 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 dtJtl 3 0 1~'3 or such subsequent date as may be prescribed in writing by the FAA. 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 at 41 CFR'Chapter 60, T~htch 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 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, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; re6ruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, ~otices to be provided setting forth the provisions of this nondiscrimination clause. The contractor will, in ail solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for eurpl~t without regard to race, color, religion, sex ~r ~tional origin. PAGE: 3 ==ge 4 of ? pages (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 employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 24 September 1965, and of the rules and regula-- tions, and relevant orders of the Secretary of Labor. (5) The contractor ~rill furnish all information and reports re,ired by Executive Order 11246 of 24 September 1965, and by rnles, 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 th~' Secretary of Labor for purposes of investigation to ascertain compliance wi ah 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 ineligibile for further govern- ment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of 24 September 1965, and such other sanctions may be imPosed and remedies invoked as provided in Executive Order 11246 of 24 September 1965, 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 s~bcontract 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 24 September 1965, 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. FAA Fo.,, 5'ioe.-].3(3.o-7].) Page 5 of ~ pages ~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 applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality 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 with the Secretary of Labor such information as they may require for the ~upervision of such compliance, and that it will otherwise assist the "administering agency in the discharge of the agency's primary responsi- bility for securing compliance. The Sponsor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Ord.~r 11246 of 24 September 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 subcontractors by the administering .agency or the Secretary of Labor pursuant to Part III, Subpart D of the Executive Order. In addition, the Sponsor agrees -that if it fails- or refuses to comply with these undertakings the adminis taring .'agency may take any or all of the following actions: Cancel, terminates 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 the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. fA, rom. w£ ~-t Page 6 of 7 Pages DP The Federal Government does not now plan or contemplate the construction of any structures pursuant to Paragraph 11 of Part III - Sponsor's Assurances - of the Project Application, dated April 17, 1973~ 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 for the activities specified in such agreements. 10. 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 (air navigation and air traffic control 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° 11o The Sponsor will send a copy of all invitations for bids, advertised or negotiated~ for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OMBE), Field Operations Division, Department of Commerce, Washington, Do Co 20230, or to the local affiliate designated by the OMBE. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to O~[BE or its designated affiliate 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 t0 constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appendix C (A) (1) (X), Regulations of the Office of the Secretary of Transportation. Page :tlKof 7 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 o[~eration 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. UNITED STATES OF AMERICA FEDERAL AVIATIO~ ADMINISTRATION .......... ........... '-- '----- --~ v (TJ.TLE) Chiaf~ Airport District Office, SFO-600 Part II-Acceptance The 13ity of Ukiah, California 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 ...... (Name of Sponsor) (SEAL) Title ........................................... Attest: ................................... Title' . .......... CERTIFICATE OF sPONSOR'S ATTORNEY ' a I, ................................... acting as Attorney for. ?.h..e..~.~.t.y...o.f...~. ~.a.h.,..C..a.l.~i.o.r..n~, (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 .......... fl.a.l.~.f.o.r.n.~a ........... , 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 ..... F'AA FORM 5100-13 P6 4{10-71) SUPERSEDES FAA F'ORM 1632 Title .................................... PAGE 7