HomeMy WebLinkAboutRES 75 94R--fA�-:)gk-
R E- 'S' 0 L' 'U T 'I "0 N
WHEREAS, an application for Federal Assistance dated February
10, 1975, has been submitted to the Department of Transportation, Fed-
eral Aviation Administration (FAA) requesting federal participation in
the cost of certain improvements at the Beaumont Municipal Airport; and,
WHEREAS, the FAA has issued a Grant Offer which, if duly accepted,
provides a commitment of Four Hundred Fifty Thousand and No/100 ($450,000.00)
Dollars in federal funds for development specified therein; and,
WHEREAS, it is determined to be in the interest of the City of
Beaumont, Texas, (termed "Sponsor" herein) to accept this Grant Offer;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Sponsor does hereby accept the provisions of said Grant Offer, a
copy of which is attached hereto and incorporated herein for all purposes,
and, to evidence this acceptance, the Mayor of the City of Beaumont is
hereby authorized and directed to'execute the Grant Offer on behalf of
Sponsor.
k
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of� , 19 75.
Mayr -
11
Page 1 of 43pag s
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 -Offer
Date of Offer FEB 2
BEAUMONT MUNICIPAL Airport
Project No.7-48-0240-01
Contract No. DOT -FA 75 SW 1228
To- The City.of Beaumont, Texas
(herein' referred to as the "Sponsor") .
FROM: TheUnited States of America (acting through .the Federal Aviation Administration, herein
,referred to as the "FAA")
KIEREAS,.the Sponsor -has submitted to the FAA a Project Application dated February 10, 1975
- , for a grant of Federal funds for a project for develop-
ment of the Beaumont 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, the FAA has -approved a project for development of the Airport (herein called'the
"Project") consisting of the following -described airport development:
Rdeonstruct,Runway 12/30 (3600' x 601)'; construct south partial parallel
and connecting taxiways; improve drainage; perform pavement marking
incidental to construction.
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all as more particularly described in the property map and plans and specifications incorporated in 3
the said Project Application;
. FAA FORM 5100-13 PG. • 1 110-71) SUPERSEDES FAA FORM 1632 PG. 1 '
PAGE 1
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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 I3EIIALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay,.. as the United States share of the allowable costs incurred in accornphshing.the
Project,
Seventy-five percentum (75%) of all allowable project 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
$
450,000
2.. The Sponsor shall:
(a) begin accomplishment of the Project withinninety (90) days
after acceptance of this Offer or such longer tin3e as may be prescribed by the FAA,
with failure to do so is
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 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 152,47 (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 152.65 — 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 152.71 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 5'
100r13 2' (7-721I;'SUPERSEDES PREVIOUS EDITION PAGE 2 „*�
.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 facilities 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 sixty days of the above date•
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 ;Eo 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
Office -of Minority Business Enterprise (OMBE), Field Operations Division,
Department of Commerce, Washington, D. C. 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 OMBE or its designated affiliate and minority firms on the same basis
that such information is disclosed and made available to other organiza
tions 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 15 Jan. 75).
l� 7S --01 �-
3-ll-cq 7.5
Page 3a -of 4 pages
11. The Airport development in.this project will. .be that her.cinabove set out
and will be carried out as more particularly described on the property
map attached to the Application for Federal.; Ass:i.sLance and ' i.n the plans
and spe_ci..fi.cat.ions approved by the FAA on December. 1.6, 1974, which are
all made a part hereof".
12. It is furt.her understood and agreed Chat:. FAA approval, of the project
included in this A} r.ecmonL l:. corul.(.I:coned on Lhe Sponsor's compliance
with appl:i.cabla air rind wak...r. (ilial i.t:y st-and cr.d:; in operating the Airport ,
-and in accomplishing, r:uiy conscruet:i.on herr-ander; further, that failure
to so comply ❑;ay resu l.l: in :;u:;tusrui i urt, tante: (lat:ion or termination of
Federal assistani-o under Llie A},r(:emont-..
13. In addition the Spona,or. ;aha I.1.
(a) Incorporate or cauao to be hicor.poraLed in each bid or proposal
form submi.t.tcxl by prosi)ec.Livc; cc,nt:racLor.;, for construction work
under t:he project I.he. provi;,ion:; proscribed by Section 60-1.7(b)(1)
and 60-1.8(b) of the Regulation;: ts:,ued by the Secretary of Labor
(33 FR 7804, 41. CVR Part: 00-1).
(b) Comply with the pr.ovi.s i.on:; :;t:t: for. (:h hi Appendix I, attached hereto..
c
14. 'The Federal ,Covr.li�mc;nC cfci'c:s no l: now plan or contemplate ,the construction
of any structuro;; pui-siuiL to parai,r; ph 27, of: Part: V, Assurances of the
Project Application, dal:cd February 10, 1975, and, therefore, it is
understood and agreed khat Lhe Sponsor is under no obligation to furnish
any areas or rL};ltC , wi.tlic�ut cost t:o Lhe Federal. Government under this
Grant Ag
15..
15. It is understood -and ai;reed that the Sponsor's assurances regarding non-
discrimination atLachod Lo Lhe. Appl Lcati.on :for. Federal Assistance are
hea-eby incorporated into this Grant Agreement:..
16. It is understood and agreed'that the United States will. not make nor be
obligated to make final payment under this Grant Agreement unless -and
until Lite Sponsor has, with or without Federal Funds, cleared the airport
imaginary surfaces as defined in Federal Aviation Regulations Part 77 in
a manner acceptabLe to the Administrator.
17. It is understood and agreed that.the United States will not make nor
be obligated to make any payment for construction accomplished under
this Grant Agreement unless and until the Sponsor has furnished
evidence satisfactory to the Administrator that it is the owner of
propertyn
iLerests.satistactory to the Administrator in and to the
land upon which such construction has been., or .is to be accomplished.
'18. It is understood and agreed that the Sponsor will submit satisfactory'.
evidence that the aerial approaches to the runways of the airport have
been protected by the adoption of a zoning ordinance and regulations
which prohibit- the creation, establishment, erection or construction in
such areas of hazards to the flight of aircraft, on or before January,l,
1977, or other subsequent date satisfactory to .the Administrator. The
imaginary aerial surfaces to be protected shall.be determined by the
standards set out in Federal Aviation Regulations, Part 77, Object
Affecting Navigable Airspace.
Page 3b of 4 pages
19. It: in understood and agreed that sponsor will 'withinthree (3) years
. of the acceptance of this Grant,, acquire.(with or without federal
assistance) f.r.&: i VII title or 'other property interests satisfactory
to the AdmLnWrator in ;filet► land as K necessary for the establishment
of Mar zonus onward from each end of Runway 12-30, symmetrically
located wLth respect to the oxt6nded runway centerline, such clear
zones being each npproximntel.y L000' long, each having a width of
approximately 250' at a point 200' from the runway ends 12 and 30,,
respectively, and each flaring uniformLl.y outward therefrom to a
width of approximately 450' at a point 1,200' from the respective
runway ends; or other areas satisfactory Lo_ the Administrator.
1 IV /7S
Page
/ Page 4 01 4 pages
The " Sponsor's acceptance of this Offer and ralificatibn ' 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.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By. Chief.,, Houston Airports. District, Office
(TITLE)
Part II -Acceptance
The Sponsor 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................................ I9....
GTTX .QV. l3F UKONT,..TFMS .......... .
` (Name of Sponsor)
By ....
(SEAL)
Title ...... Mayor ........ ............... . .
Attest: ...'........ ......................
Title:....' .................................
CERTIFICATE OF SPONSOR'S ATTORNEY
I,, acting as Attorney for .the City. of Beaumont
(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 :. , Texas ........................ 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 5100-13 PG 4)10-71) SUPERSEDES FAA FORM 1632 PG 4
PAGE 4
3-11-1175
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 post 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 contractor will, in all solicitation 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 thelnotice 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.i
(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
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I
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3--21-c 97�
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 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 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 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
his books, records, and ac'c'ounts by the ;idihihi's''tering.a'g-ency'Aiid, the.
.Secretary O.Iaboi- f o -r p'urpba-es of ihvestigatioh.to.asc'e'rfaih coiiipliahc'e.
With such ruleg, regulations,,, and brd6rs..
(6) In the event -o,f,.t'he contractor's fi6ficoftipliahC6 with, the nondiscrimination. '
clauses- of this
is contract or with Any of the. '6aid.!rules, r6gul;ationsir 'oorders
l,
this co,niract,may be 'canceled, teftnihated-, or!..§.usp6fided in" who'le:,or in part
and.the c6ntjrkctor.m__ay be d6clAte'd iheiijib , I e. f i or further 'Government
contracts orjederAily assisted construction contracts in accordance with..
Procedur66,aufh6rii6d in Ek6cttiV6 Ord'6r 1-1246d Seipteffibb:r", 24,;1965, a's
d by I�jcbciitive OHer of
revised October 1967,,`and such other aanctioniq
as may be imposed And remedies invoked as P.i-oVided.ih EkeciAive Order 11246
of September; 6�j e Order 1 0
19 as "revised by' 1�t$l of b,tti ber 1967
or by rule,f.6'9-dlAtibhs'j or order e r 6 f the Secretary of Laborj or as: otherwise
pr,6vided.byjd*.
J
(7) ,.Thd contractor. Will include the portion of the sentence iiTiffi6,diAely,precedifig
.,piragrAj5h (J) and the Pr6Visibh6 'of parAgfaphs (1) through (7),jil".'eyer'y sub-
contract or _bj��hA66 order unless ek6m-plie-d by', rules.; regulations, or orders'
P. es. s
..of.the Secretary of Labor issued pursuant to Section 204 of Ekbc'utivo,Order
11.246 of Sept�emb.ex; 24, 065,, as revised by E:kecutiVe Order 11.375 of October
1967_j 6 that such Pr6Viii6hs will be binding upon each Oubtbfitractor or
V6vendor.,.
T e contractor Will take such action ti6fi *ith respect to Any subcontract
or purchase order as the administering agency 'may direct as a meant of
6zif6rcifig suqh.*pr6Vi6ionaj including sanctions for ho_hc6mpliAn_-c'6: Piotrided
however, t, thAt - in the event a contractor b6coffieg involved. in- or is thr"6atene'd
With, litigation with a bub6o'iAidittor of V6fidbi, AO a.-f6gult of -such dii.6ctiori by
the adiiiihisteififig agency; the contractor may;'r_eqii66t the United 'States .t6
enter nter into such litigMi6h to protect the interests of the United States.
The 8pohilof further :a g k 6 e a- . thit I it will 1 1 be b6dfi8 by the abbVe eijual. opportunity
clause With jreij5ect.tb iti.6*h effipl6ym eht:PtActiceg when it parti,6ip*te;I§Jfi
federally assisted ,construction Work,- PrO'Vid-6d, that if the Sponsor 'b6'participating
is a 'State or local goveihili6fit, the ab&vo equal opportunity clause is not applicable:
to any agency, ifibiidffiehtafty or 6xib'diVis-Wh of such 'goVetftmeht,*hiiq)i do -es not
participate in work on or under the 66fifiadt.
The 8ponsor agrees .that it.*ili assist and 'cooperate
perato actively With the idffiftds-st6kih9
agency and the Sec±36tiry of Labor in obtaining
btkiii,itig the d6ffipliiihcei of 66iAiiicibig a -fid
subcontractors
ractoti witht ' he equal rt
he and the rules, regulations; acid
orders of the Secretary of Labor; that it will furnish the 'idmihistekiiig
agishty and the Secretary of .Labor such information as they jriAy idiqiii rie, for r th6
supervision of such 6ompHirice, and that it will otheiwiie -assist the i.Ldrriifiiite:rihg
agezicy In the diich'id;& of the agency's primary tb ij3bfiiibiiity fO;F i*d u"fling
Appeildix 1 :,Page 2