HomeMy WebLinkAbout92 of 1977 - A resolution accepting Grant Offer of the United States of America in the amount of $2,251,092 for t Resolution No._`'`'
By Jennings Phillips, Jr.
I COMMISSIONfl
!Irr ' • , ;
Accepting Grant Offer of the United
States of America in the amount of
$2,251,092 for the purpose of obtaining
Federal Aid under ADAP No. 6-49-0033• '
08 for development of the Salt Lake City
International Airport.
Pffsaki to Me lard if CtemissimeN
AND PASSED
SEP21 1977
-'- COY acooRr
I
► x
ROLL CALL
VOTING Aye
Mr. Chairman
Agraz
Greener Eir
Hogensen
Phillips
Result 111E11
•
C
AP°F.')"T Tn FORM
SaN s Office
Cal. ... . l:
By Z-r4L:1
EXTRACT FROM THE MINUTES OF A REGULAR MEETING
OF THE CITY COMMISSION OF THE SALT LAKE CITY CORPORATION
UTAH, HELD ON SEPTEMBER 21 1977
The following Resolution was introduced by Jennings Phillips, Jr.
read in full, considered and adopted:
Resolution No. 92 of the Salt Lake City Corporation, Utah, Accepting the
Grant Offer of the United States of America through the Federal Aviation
Administration in the maximum amount of $2,251,092 tbe used under Airport
Development Aid Program Project No. 6-49-0033-08 in the development of the
Salt Lake City International Airport.
Be it Resolved by the members of the City Commission of the Salt Lake City
Corporation, Utah, as follows:
Sec. 1. That the Salt Lake City Corporation, Utah, shall accept the Grant
Offer of the United States of America in the amount of $2,251,092 for the
purpose of obtaining Federal Aid under ADAP Project No. 6-49-0033-08 in
the development of the Salt Lake City International Airport; and
Temporary Chairman
Sec. 2. That the < of the Salt Lake City Corporation, Utah, is hereby
authorized and directed to sign the statement of Acceptance of said Grant
Offer (entitled Part II - Acceptance) on behalf of the Salt Lake City
Corporation, Utah, and the City Recorder is hereby authorized and directed
to attest the signature of the Temporary Chairman and to impress the official seal of
the Salt Lake City Corporation, Utah, on the aforesaid statement of
Acceptance; and
Sec. 3. A true copy of the Grant Offer referred to herein is attached
hereto and made a part hereof.
CERTIFICATE
Mildred V. Higham , of the Salt Lake City Corporation,
Utah, do hereby certify that the foregoing is a full, true and correct copy
of Resolution No. 92 adopted at a regular meeting of the City Commission
of the Salt Lake City Corporation, Utah, held on the 2lstday of September,
1977, and that the same is now in full force and effect. IN WITNESS
WHEREOF, I have hereunto set my hand and impressed the official seal of the
Salt Lake City Corporation, Utah, this 21st day of September, 1977.
(SEAL) Signed: /, .cr/Gi/iCu r/, 7 r/,-ta4._
Title: City Recorder
A
Page 1 of 9 pages
DEPARTMENT OF TRANSPORTATION •
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1-Offer
Date of Offer Septinber 2, 1977
Salt Lake City International Airport
Project No. 6-49-0033-08
Contract No. DOT-FA77RM-0149
TO: The Salt Lake City Corporation, Utah
(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 a Project Application dated August 30, 1977
,for a grant of Federal funds for a project for develop..
ment of the Salt Lake City International 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:
Pave, seal (open-graded), mark (precision) and light
(HIRL) extension to Runway 16R by 2,100' x 150' from
9,900' to 12,000', including centerline lighting and
shoulder stabilization; pave, mark and light (MITE)
extension of parallel taxiway to Runway 16R (100' x
2800'), including shoulder stabilization; construct,
mark and light (MITL) by-pass taxiway to Runway 16R;
and relocate VASIs and REIL on Runway 16R. '
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 I10-711 SUPERSEDES FAA FORM 1632 PG.1 PAGE
•
Page 2 of 9 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,
90.94% of said 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
S2,251,092.00.
2. The Sponsor shall:
(a) begin accomplishment of the Project within sixty (60) 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 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 5100-t3 PG.2 (7-72), SUPERSEDES PREVIOUS EDITION PAGE 2
Page 3 of 9 pages •
•
5. The Sponsor shall operate and maintain the airport as provided in the
Project Application incorporated herein and specifically covenants and
agrees, in accordance with its Assurance 20 in Part V 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 I ,
facilities thereon will discriminate against any person or class of
persons by reasons 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 September 30,1977or. such subsequent
date as may be prescribed in writing by the FAA.
8. 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, 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, 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:
a. 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 actions shall include, but not be
limited to the following: Employment, upgrading, demotion, or
transfer; recruitment 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, notices to be provided setting forth
the provisions of this nondiscrimination clause. •
b. The contractor will, in all solicitations or advertisements for •
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. •
c. The contractor shall 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
•
8/26/76
•
Page 4 of 9 pages
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.
d. The contractor will comply with all provisions of Executive Order
112L+6 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
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 the Secretary of Labor
for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
f. In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of the said
rules, regulations, or order, this contract may be canceled,
terminated, or suspended in whole or in mart and the contractor
may be declared ineligible for further government contracts of
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24,
1965, or by rules, regulations, or order of the Secretary of '
Labor, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately
preceding paragraph a. and the provisions'of paragraph a. through g.
in every subcontract or purchase order unless exempted rules.
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 2L, 1965, so
that such provisions will be binding upon each cubcon-tractor 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 applicant so participating is a State or local government,
10/20/72
Page 5 of 9 pages
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 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.
The Sponsor further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 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 •
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 the Sponsor; or refer the case to the Department
of Justice for appropriate legal proceedings.
9. The Sponsor hereby further covenants that it will not permit any
permanent-type structures, other than structures required for aids to air
navigation and such other structures as may be specifically excepted
in writing by the FAA, to be erected on, and that it will cause any
existing structures to be removed from, each area identified on the
Exhibit "A" as "clear zone" or any portions thereof, concerning which the
Sponsor has acquired a fee interest with federal financial assistance,
irrespective of whether such structures constitute an obstruction to
air navigation. '
10. By its acceptance hereof, the Sponsor hereby covenants that to the extent
it has or may have either present or future control over each area
identified on the Exhibit "A" as "clear zone", and unless exceptions to
or deviations from the following obligations have been granted to the
Sponsor in writing by the FAA, it will clear said area or areas of any
existing structure or any natural growth which constitutes an obstruction
to air navigation with the standards established by Section 77.23 as applied
to Section 77.25, Part 77, of the Federal Aviation Regulations; and the
Sponsor further covenants that it will control the subsequent erection of
structures and control natural growth to the extent necessary to prevent
creation of obstructions within said standards.
10/20/72
•
Page 6 of 9 pages
11. 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 air carrier, authorized to engage
directly in air transportation pursuant to Section 401 or 402 of the Federal
Aviation Act of 1958, using such airport shall be subject to nondiscrimin-
atory and substantially comparable rates, fees, rentals, and other charges
and nondiscriminatory conditions a:. 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 flichts or all cargo flights, and such class-
ification or status as tenant shall not be unreasonably withheld by any
sponsor provided Sr. 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."
12. It is understood and agreed that no part of the Federal share of an airport
development project for which a grant is 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 fees, rates, and charges for users of the
airport.
13. 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 otipulates that any facility to be utilized in per-
formance 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 Suction 308 of the Federal Water Pollution
Control Act and all regulations issued thereunder.
c. The spoo or shall notify thr FAA of the receipt of any communication
from the EPA indicating tha a facility to be utilized for performance
of or ber:efit from the grant is under consideration to be listed on the
EPA list of Violating Fa i7.ities>.
d. The sponsor gees tha' na 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.
Page 6 (Rev. 8/11/76)
Page 7 of 9 pages
14. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to Paragraph 27 of Part V - Sponsor's
Assurances - of the Application for Federal Assistance dated August 30,
1977, 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.
15. The grantee 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 purposes of this provision, "minority
business enterprise" 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; Asians or Pacific
Islanders; American Indians; and Alaskan natives. Grantee further agrees
to comply with such regulations as may be issued by the Federal Aviation
Administration to implement Section 30 of the Act.
16. The sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the airport to the
Director, Dallas Regional Office of Minority Business Enterprise (OMBE),
1412 Main Street, Dallas, Texas 75202. 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 requirements of
49 CFR 21 Appendix C(a)(1)(x), Regulations of the Office of the Secretary
of Transportation.
17. The FAA in tendering this Offer on behalf of the United'States recognizes
the existence of an Agency relationship between the Salt Lake City
Corporation, Utah as principal, and the Utah State Aeronautical Operations
Division as agent, created by the Agency Agreement entered into on August 9,
1977. The Salt Lake City Corporation, Utah, agrees that it will not amend,
modify, or terminate said Agency Agreement without prior approval in
writing of the FAA or its designated representative.
18. By its acceptance hereof, the sponsor hereby covenants and agrees
that it will provide adequate land on the Salt Lake City International
Airport without cost for the purpose of parking Federal Aviation Administra-
tion official and employee vehicles or at the option of the sponsor will
•
Page 8 of 9 pages
provide free accommodations for FAA official parking and free or
reasonable cost accommodation for FAA employee parking at the Salt Lake
City International Airport. Said parking area shall be within reasonable
proximity to the FAA facilities located on said airport.
19. It is understood and agreed by and between the parties hereto that Federal
participation in that portion of the development described on Page 1
hereof, relating to airport lighting and VASI is predicated upon the
sponsor's operating plan concerning the use and operation of such airport
lighting and VASI dated August 30, 1977, which plan is incorporated herein
and made a part hereof.
20. It is further understood and agreed that the FAA approval of the project
included in this agreement is conditioned on the sponsor's compliance
with applicable air and water quality standards in accomplishing project
construction and in operating the airport; further, that failure to so
comply may result in suspension, cancellation or termination of Federal
assistance under this agreement.
Page it of 9 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.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By. L\.
(TITLE)
Acting Chief, Airports District Office
Part 11-Acceptance
The Salt Lake City Corporation, Utah 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 September , 19.77...
Salt.Lake.Ci ty..Corpt rati on,.Utah...
(Name of Sponsor)
By
(SEAL)
Title ...... Temporary Chai raw
Attest:
Title• City Recorder
CERTIFICATE OF SPONSOR'S ATTORNEY
1 , acting as Attorney for.the.Salt lake.City.Corporation,
(herein referred to as the"Sponsor") do hereby certify: Utah
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....Utah ,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 ...Salt.Lake.City,.Utah...this day of September , 19.77 .
Title City.Attorney
FAA FORM 5100.13 PG 4(10.71)SUPERSEDES FAA FORM 1632 PG 4 PAGE 4