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HomeMy WebLinkAboutbocc.res.007.1971 D RESOLUTION 0 G 7 - / / // RESOLUTION AUTHORIZING THE ACCEPTANCE . OF A GRANT AGREEMENT • FROM THE UNITED STATES RELATING TO THE DEVELOPMENT OF THE . rrr . ASPEN - PITKIN COUNTY SARDY FIELD AIRPORT BE IT RESOLVED by the Board of County Commissioners of the County of Pitkin, Colorado: • Section 1. That the County of Pitkin, Colorado, shall accept the Grant Agreement from.the Federal Aviation Admin- istration dated 22 June 1971 , for the purpose of obtaining Federal Aid in the Development of the Aspen - Pitkin County ' • Sardy Field Airport, and that such Grant Agreement shall be as set forth hereinbelow. • . Section 2. That the County of Pitkin, Colorado, does • hereby ratify and adopt all statements, representations, warrantees, covenants, and agreements contained in the , - Project Application, which is incorporated by reference in -- . ' the said Grant Agreement. Section 3. That the Chairmen of the Board of County .- ,Commissioners is hereby authorized and directed to execute said Grant Agreement on behalf of the County of Pitkin, • Colorado, and to attest said execution. ' Section 4. That the Grant Agreement referred to here- % inabove shall be as follows: . , • :•. &, � $ - - fq71 • • _1. • 1 Page 1 of 8 pages FEDERAL AVIATION AGENCY GRANT AGREEMENT Part 1 -Offer Date of Offer 22 June 1971 .- Aspen- Pitkin County (Sardy Field) Airport Project No. 8 »080003 -01 Contract No. DOT FA71 WE -1319 TO: Pitkin County, Colorado r (herein referred to as the "Sponsor ") FROM: The United States of America (acting through the Federal Aviation Agency, herein re- ferred to as the "FAA ") ' WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 15 June 1971, , for a grant of Federal funds for a project for develop• ment of the Aspen »Pitkin County (Sardy 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: Strengthen and mark - Runway 15/33 (approx. 6000' x 80'). Strengthen holding apron (approx. 1000 s.y.). • Construct fillets on holding apron (approx. 250 s.y.). Strengthen and mark - Partial parallel Taxiway "A" (approx. 3300' x 50'). Strengthen and mark » Connecting taxiways "B ", "C ", "D" and "E" (approx. 950' x 50') . Widen Taxiway "C" (approx. 175 s.y.). • Extend water line (approx. 3050'). 4' • all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; 9- NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Federal Airport Act, as amended (49 U.S.C. 1101), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said P roject 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 thc Airport as herein provided, TIIE FEDERAL AVIATION AGENCY, FOR AND ON BEIIALF OF THE UNITED STATES, I-IEREI3Y OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 52.70 per centum of all allowable project costs. - This Offer is made on and subject to the following terns and conditions: 1. The maximum obligation of thc United States payable under this Offer shall be 134,485. • 2. The Sponsor shall: • (a) begin accomplishment of the Project within 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 Federal Airport Act, and Sections 151.45451.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) 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 Section 151.41 (b) of the Regula- • tions. 4. Payment of the United States share of the allowable projcct costs will be made pursuant to and in accordance with the provisions of Sections 151.57 - 151.63 of the Regulations. Final determination as to the allowability of the costs of the projcct will be made at the time of the final grant payment pursuant to Section 151.63 of the Regulations: Provided, that, in the event a semi -final grant payment is made pursuant to Section 151.63 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. • • rrI • • FAA FORM 1532 (5.53) DESTROY PREVIOUS COITION • PAGE 2 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- . tiun incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in fart 111 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 thereon will discrintinate 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. r. • 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 30 June 1971 or such subsequent date as may be prescribed in writing by the FAA. 8. It is understood and agreed that the terms "Federal Aviation Agency" or "Federal Airport Act ", wherever they appear in this agreement, in • the project application, plans, and specifications or in any other document constituting a part of this agreement shall be deemed to mean • "Federal Aviation Administration" or the "Airport and Airway Development Act of 1970 ", as the case may be. 9. The sponsor agrees that it will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the airport as self- sustaining as possible under the circumstances existing at that particular airport, taking into account such factors • as the volume of traffic and economy of collection. 10. It is also understood and agreed that paragraph 2, Part III of the project application is revised to read as follows: The sponsor will operate the airport as such for the use and benefit of the public. In furtherance of this covenant, (but without limiting its general applicability and effect) the sponsor specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes; provided, that the sponsor may establish such fair equal and not unjustly discriminatory conditions to be met by all users of the airport; and provided further, that the sponsor may. prohibit or limit any given type, kind or class of aeronautical -use of the airport if such ,action is necessary - (a) For safe and efficient use of the airport (b) To keep operation activities within acceptable • noise levels, or • (c) To serve the civil aviation needs of the public. w • , FAA FORM 1692 16.69) DESTROY PREVIOUS EDITION • PAGE 3 We OP -1 (10 -70) • —1 11. It is understood and agreed that subparagraphs a and b of paragraph 3 of Part III - Sponsor's Assurances of the Project Application - are amended and revised to delete the words "or hereafter" wherever they appear therein. It is the intent of this amendment to limit the application of the exclusive rights policy only to airports now owned or controlled by the sponsor. 12. It is further understood and agreed that paragraph 10, Part III of the project application is revised to read as follows: The sponsor will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may be submitted in such manner as the sponsor elects as long as the essential data is furnished. The airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regula- tions, and other instruments will be made available for inspection and audit by the FAA and the Comptroller General of the United States, or his duly authorized representative upon reasonable request. The sponsor will furnish to the FAA or the General Accounting Office a true copy of any such documents. 13. It is further understood and agreed by and between the parties hereto that paragraph 8 of Part III - Sponsor's Assurances of the Project Application is hereby amended and revised to delete the words "military and naval aircraft," wherever they appear in said paragraph and substitute in lieu thereof the words "government aircraft." 14. 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: (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; recruitment or recruitment advertising; layoff or termination, rates of pay or other vI 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. - - fAA rORM i6) (6-6)) we OP— I(2 -71) ..__. -12- (2) 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. (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 September 24, 1965, and of the rules, regula- tions, 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, 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. (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 govern- . • • .went contracts or 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 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 subcontract 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, 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 • FAA FORM 16 ;2 (6-6j) ME OP-1 (10 -70) • ' • 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 tts 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, instrwnentality or subdivision of such government which does not participate in work on or under the contract. ..v 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 responsi- bility 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 _ 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 subcontractors by the administering agency or the Secretary of Labor pursuant to Fart 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. 15. By its acceptance of this Grant Offer the Sponsor agrees that it will • acquire, with or without Federal participation, clear zone interest to meet FAA standards within three years from the date of the execution of this Agreement, and unless exceptions to or deviations from this obligation have been granted to it 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 within the standards established by 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 the creation of obstructions within said standards. • FAA FORM 1632 (6-63) • • Page 7 of 8 pages 16. It is also understood and agreed by and between the parties hereto that the sponsor will, with or without Federal participation, install adequate security fencing around the airport prior to final payment of this project, satisfactory to the FAA. • 17. Notwithstanding the fact that the preliminary plans and specifications include the construction of an eighteen inch (18 ") water line, it is understood and agreed by and between the parties.hereto that the eligible portion of the 18 inch (18 ") water line is twenty percent (207.) calculated on a pro rata basis in terms of capacity. 18. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon the basis of preliminary plans and specifications; and the parties hereby covenant and agree l " that within thirty (30) days from the date of acceptance of this Grant Offer the sponsor shall furnish final plans specifications to the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the aforesaid Project Applica- tion to plans and specifications shall be considered as having reference to said final plans and specifications as so approved. 19. It is understood and agreed by and between the parties hereto that Paragraph 7 of Part III (Sponsor's Assurances) of the Project Applica- tion attached hereto and made a part hereof is hereby amended by deleting reference to Section 77.27, Part 77 of the Federal Aviation Regulations and substituting in lieu thereof Section 77.25 of said regulations. 20. It is hereby understood and agreed that the sponsor will not commence nor permit the commencement of the construction of that portion of • the water supply line lying outside the airport boundary, until it has submitted evidence satisfactory to the FAA that it has sufficient rights to, or interest in, the property upon, which said line will be located (to permit construction of said line) and to provide reasonable assurance that the sponsor will not be deprived of its right to occupy and use said property for the purpose intended. • • . • • • • •� - 1