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HomeMy WebLinkAbout15552 ORD - 05/21/1980jkh:5-21-80;lst 4110 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT, PROJECT NO. 6-48-0051-09, CONTRACT NO. DOT-FA-80SW-8115, IN THE AMOUNT OF $413,780 TO RECONSTRUCT AND EXPAND ACCESS ROAD, RECONSTRUCT PORTION OF TERMINAL LOOP ROAD, AND CONSTRUCT TURNAROUND FOR FUEL FARM, ALL AS MORE FULLY SET FORTH IN THE GRANT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute Federal Aviation Administration Grant Agreement, Project No. 6-48-0051-09, Contract No. DOT-FA80SW-8115, in the amount of $413,780 to reconstruct and expand the access road, reconstruct portion of terminal loop road, and construct turnaround for fuel farm, all as more fully set forth in the grant agree- ment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2, The necessity to authorize execution of the said grant agreement at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 2/ day of May, 1980. ATTEST: � 4J 2 s� Cv"Ey`^ecret ry -�— APPROVED: -2.1 DAY OF MAY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY MAYO 15552 THE ITY OF CORPUS CHRISTI, TEXAS • Page 1 of 4 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 -Offer Date of Offer MAY 2 0 1980 Corpus Christi International Airport Project No. 6-48-0051-09 Contract No. DOT-FA-80SW-8115 TO: The City of Corpus Christi, Texas (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, 1978 , for a grant of Federal funds for a project for develop- ment of the Corpus Christi 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: Reconstruct and expand access road; reconstruct portion of terminal loop road; construct turnaround for fuel farm. 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 (10-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1 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 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, Ninety (90) per centum 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 y /3, 7e D 4"''� 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 obligation's 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 5100-13 P0. 2 17-721 SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 4 pages 5. It is further understood and agreed that the Sponsor's Assurances regarding nondiscrimination attached to the Application for Federal Assistance is hereby incorporated into this Grant Agreement. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. 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 B.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 B.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. S. 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. 9. a. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. b. MBE Obligation. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on tine basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. c. If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this finanrial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. 10. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents consti- tuting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance." Page 3a of 4 pages 11. It is further understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards it operating the Airport and in accomplishing any construction hereunder; f-irther, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under the Agreement. 12. 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 nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as 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 flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an 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." 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 stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. SUPPLEMENT - FAA Form 5100-13 - Page 3a (ASWHOU 10-1-76) • Page 3b of 4 pages (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act of Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. (d) The sponsor agrees that he 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). 14. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27, of Part V Assurances of the Application for Federal Assistance attached hereto, 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 and/or cost-free areas for the activities specified,in each agreements. 15. In addition the Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 16. The Grantee agrees to effectuate the purposes of Section 30 of the Air- port 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 purposes of this provision, "minority business enterprises" means a business enterprise that is owned by, or is controlled by, a socially or economically dis- advantaged person or persona. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other financial causes. 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. Page 3c of 4 pages 17. 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. 18. 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 to the facilities served. 19. Notwithstanding any other provision hereof, the term "Project Application" as used herein shall be that Application for Federal Assistance (together with its attachments and appendages) physically attached to the Grant Agreement for ADAP Project Number 6-48-0051-06. This Application for Federal Assistance is hereby incorporated herein by reference for all purposes. 20. Notwithstanding any other provision hereof or any recital in the formal Application for Federal Assistance incorporated herein, the plans and specifications mentioned on page one of this Grant Offer shall be those approved by letter to Sponsor dated March 28, 1980. 21. It is understood and agreed that the Exhibit "A" attached to the Project Application dated July 26, 1979, for ADAP Project Number 6-48-0051-08 is incorporated herein by •reference and is made a part hereof. Page 4 of 4 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, provided, however, that this time limitation shall not apply to real property acquired with federal assistance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By Acting Chief, Houston Airports (TITLRdti'idt ' 0ffide Part I1 -Acceptance The Sponsor named immediately below 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 • (SEAL) day of , 19 City of Corpus Christi, Texas (Name of Sponsor) Attest• Title: By Title CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h), of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have pxamined 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 authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, 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 (10-71) ASWRO (Dec/78) • 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 poet 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 solicitations or advertisements for employes placedby 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 ar 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 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. (5) The contractor will furnish all information and reports required by ExecnHve 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 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 Government contracts or federally assisted construction contracts in accordance with proceduree authorized in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, 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 sub- contract 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, as revised by Executive Order 11375 of October 1967, ■o 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. 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 Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentally or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will sestet and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractor■ with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and 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. Appendix 1 Page 2 • 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 sanctionsandpenalties 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 thi■ 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. 9 Appendix 1 Page 3 Corpus Christi, Texas 2/ day of . 19P) TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore. request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully. MAYO CORPUS CHRISTI. TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 15552