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HomeMy Public PortalAbout1976_09_28_R157TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED September 28~ 1976 RESOLUTION NO. 76-157 ADOPTED September 28~ 1976 A RE SOLUT ION: ADOPTING AND APPROVING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE TOWN OF LEESBURG AND THE UNITED STATES OF AMERICA, FEDERAL AVIATION AD- MINISTRATION, PROVIDING FOR FEDERAL AID IN THE DEVELOPMENT OF LEESBURG MUNICIPAL AIRPORT, ROUTE 643, LOUDOUN COUNTY, VIRGINIA. BE IT RESOLVED by the Council of the Town of Leesburg, Vir- ginia, as follows: SECTION I. That the Town of Leesburg shall enter into a Grant Agreement with the United States of America for the pur- pose of obtaining Federal aid in the development of Leesburg Municipal Airport by executing the Acceptance of a Grant Offer for ADAP Project No. 76-1-5-51-0027-01. SECTION II. That Mary Anne Newman, Mayor, is hereby author- ized and directed to execute said Grant Agreement, six copies, on behalf of the Town of Leesburg, and Dorothy B. Rosen, Clerk of Council, is hereby authorized and directed to impress the official seal of the Town of Leesburg, Virginia and to attest said execution. SECTION III. That the Grant Offer referred to is incorporated herein by reference and a copy shall be filed in the office of the Clerk. PASSED this 28th day of September , 1976. ATTEST: ary A~ne Newman, Mayor Town of Leesburg Clerk of Co~cil /~~ DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Page I of 4 pages GRANT AG1REE E ' .Pa r___t. 1-Offer Date of Offer September 24, Leesburg Municipal Project No. 5-51-0027-01 Contract No. FA-EA-1490 1976 Airport TO' Town of Leesburg, Virginia (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 September 2, 1976 , for a grant of Federal funds for a project for develop- mcat of the Leesburg Municipal Airport (herein called the "Airport"), together with plans and specifications ~br such project, whicb~ Project Appiicaik~n, as approved by the FAA is hc;eby incorporated herein and made a part hereof; and [EREAS, the FAA has approved a project for development of the Ai~'pori-(herein catled the consisting of the following-described airport development: Strengthen runway (3500' x 75'); Strengthen Apron (3111 s.y.) and parallel taxiway; Construct aircraft parking apron (24,000 s.y.); Relocate wind cone and segmented circle; Construct holding (2 ~ 1200 s.y.); Pavement marking all as more particularly described in the property map, Exhibit "A", incorporated in the Project Application and in the Plans and Specifications to be approved for this project by the Chief, Washington Airports District Office, FAA, Eastern Region, Falls Church, Virginia, all of which are incorporated herein by reference and made a part hereof; FORM §100~13 PG. I (10-71J SUPERSEDES FAA FORM 163Z PG. I . ', PAGE I · Page 2 of 4 pages NOW TItEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport Airway Development Act of 1970, as amen(ted (49 U.S.C. 170t), and in consideration of (a) the Sponsor's adoption and ratification of tile representations and assurances contained in said Project Application, and its acceptance oF this Offer as hereinafter provided, and (b) ihe N;nefits tt~ accrue to the United States anti the public from the accomptishn,,ent of tb_e P~j,,:,:t and the operation and maintenance of the Airport as herein provided, THE FEDERAl, AVIAT1ON AD- M!NISTRATI_ON, FGR AND ON BEtlALF.OF THE&INITED STATES, HERt!BY OFFERS Ai;RI(t!S Io pay, as ~he Uniie,l States share of the allowable costs incurred i~ accomplishing the Pr,,[ject, 90 per cent of such costs. This Offer is made on and subject to the following terms and conditions: I. The ~naximum obligation of the United States payable under this Offer shall be $ 575,190.00. 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 ~o 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 m accordance with the terms hereof, thc Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of tile Regulations of the Federal Aviation Admip, i:tration (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 tile Project in accordance with the plans and specifications and property map, incorporated hereim as they may be revised or modified with the approval of tile FAA. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.4.7 (b) of the Regula- tions. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 - 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi-final grant payment is made pursuant to Section 1.52.71 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 send-final payment. FAA FORM 5100--13 PG. 2 (7--72) ISUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 4 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 20in 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 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 ~f the facilities provided for the public on the airport~ 6. The FAA reserves the right to s~end'or Withdraw this Offer at any time prior to its acceptance by the Sponsor. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before September 30, 1976 or such subsequent date as may be prescribed in writing by the FAA. 8. In addition, the Sponsor shall: (a) Incorporate or cause to be incorporated in each contract for construction work under the project, or any modification thereof, the equal opportunity clause as set forth in Section 202 of Executive Order No. 11246 of 24 September 1965, or such modification thereof as may be approved by the Secretary of I~boro (b) Incorporate or cause to be incorporated in each bid or proposal form sub- mitted by prospective contractors for construction work under the project the provisions prescribed by Section 152.61, Part 152, Federal Aviatioz~ Regulations. (c) Be bound by said equal opportunity clause in any const~ction work under the project which it performs itself other than through its own pe~.~anent work force directly employed or through the permanent work force directly employed by another agency of government. (d) Cooperate actively with the FAA 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. (e) ~rnish the FAA and the Secretary of Labor such information as they may require for the supervision of such compliance and will otherwise assist the FAA in the discharge of its primary responsibility for securing compliance. (f) Refrain fro~ entering into any contract o~ contract ~Odi-~icat~on Executive Order No. 11246 with a contractor debarred from, or ~o has not demonstrated eligibility for, government contracts and Federally-assisted construction contracts pursuant to Part II, Subpart D of Executive Order No. 11246~ F~kA Form 5100-13 Pg. 3 (10-71) Supersedes FAA Form 1632 Pg. ,,3 Page 3 Page 3A of 4 Pages (g) Carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed .upon contractors and subcontractors by the FAA and the Secretary of Labor pursuant to Part II, Subpart D of Executive Order No. 11246; and in the event th~'~~ the Sponsor fails or refuses to comply with i~:s undertakings, the FAA ma,y~ cancel, terminate or suspend in whole in part any contract~al arrangement i~may have with the Sponsor~ may refrain from extendin~ any further assistance uno.der any of its programs subject to Executive Order 11246 until satisfactory assurance of fx~ture compliance has been received from such applicant, or may refer the case to the Depar~nent of Justice for appropriate legal proceedings~ The 'Sponsor will send a copy of,ali~iinvitations for bids, advertised or negotiated, for concessions or other business at the airport to the ap- propriate Office of Minority Business Enterprise (O~{BE) representative as identified by the FAA Regional Civil ~Rights Office. The Sponsor will disclose and make information about'the contracts, contract, lng proced,.~res and requirements available to the designated OMBE reDresentative and minority firms on the same basis that such info,:marion is disclosed and made available to other organizations or firms. Responses by minority fizzes to invitations for bids shall be treated in the sam~. 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. lO, It is understood and agreed that the. United States will not rm~ke, nor be obligated to make any payment under this grant agreement until an agemcy agreement e. ntered into between the To~rn of Leesburg, as p~incipal, and the Virginia State COrporatiOn Commission, 'as agent, has been sub- mitred to and approved by the FAA as not being inconsistent with the terms and conditions of. the Grant Agreement, and that such agenoy agree- ment will not be amended, mollified or terminated without the prior written approval of the FAA. ~ 11o, The Federal Government does not now.plan~o~ ~contemplate the construction of any structures pursuant to paragraph 27 or Part V - Sponsor's Assur- ances of the Project Application dated September 2, 1976 and,. therefore, it_ is understood snd agreed~that the~Sponsor is under no obligation~ to furnish any such areas or rights under~ this Grant Agreement. ].2. It is further understood and agreed that .the Sponsor will not advertise for 'bids or start construction work until approval of final Plans and Specifications by the Federal AViation Administration. In no event will this date be later than December ~23, 1976. F~A~.~ F0~rm'5!OD-!3 Pg. 3A (lP-7!) Page 3A Page 3]{ of 4 Pages It 5.8 understood and agreed that no part of the Federal. share of an air-- port devc. lopmm~l: project :flor which a grant is made m~<tcr i:be Airport .ALrway De,/<~.l.opmer~t Aai: of t970, as amande, d (z+9 U.c,,.,,,'' , '?n'l.. . et s:nct~) und ~r. r'~..~.c: ?od,r':al Airport Act, as; anende, d (49 ........... U,.,SoC ~-t~'i ,'.'~ seq..h, be :i. ncl"~dcd :Ln the rate base. in e,;tablishing ~- " This project and all work 'p~fdrmed'thereunder is $-ubfiac:r- Lo the Clean Att Act and I'Nn Fcdera.L Water Io_L!utzon Control Act.. a~ The C'.pon$ol:. "llc.].--o-_bv' st:lpulates that any facility {n perlormance under the grant or to · ne': 'H. s tr(~d on the Environmental Protecti,~n 1)) .The ?~ponso~,: ac[re, es to co~nply wi'th all (:he r ',('~t{ 'ement-~ of ,.~._. . . the Air Act: and Section '> c, ,, _(.t..,.or~ 1]<5 ozc Clean . ..,(~o o.F the ...';'-' ~cd ...,,"~ Wata:~. Poi !utiOn Control Act arid a'l'i r,:~,'3:-L:~i';,:)ns. ' issued The Spon;~or sha]l notify the F.)~4 o:f the receipt of nny co~mm~-- ~,'[cati. on from the EPA indicating that ti(m Lo bc ].i:~ted on the EPA List of Vio]_;n2'[i~5; d) The gpo.;~r;or agrees that he will include er cr~ae to ~e incluJe,:l $'1()1i,000 hue criteria and req'uiremc, nts: in thc:se Assurance Number JS o:ll Part 17 of the project app].icatio'n 'Jnccn:poratod herein is a~mmdcd by i. ncL'uding at the end ~:g the gcc,.ond r;cmte'ncc, t.'l~-..', ":i. ncl.uding {:ha r~quirement that (A) each air carrier, authorized to ,-~,~q~e~..~,.o -- eli. :eot:IV_ .. :i.n :~ir transportation, pursnant, to S-(:t::i on. 401 or 4()2 of the Fc, d~'~-al Av:i_al~ion Act: of 19J8, using such aiv'm)rt 'stm].t be sub ject t:o noe(l'isc~:'imi'natory and st, bstantially (:omparai)le rntas, rent:als and other charges ,qnd nor~d, iscriminatory cor~dltion:4 a~ ::~re p licab'[c t,) ali snc. b a:Lr carriers which make similar usa (~f S~lcll air-- port and wl. rich utilize similar facilities, subject to) reasonable cltas- sificationa s',t~'h as ~:~nants or.non tenants, and combined par~o,,(.nom., <~ - and as' tenant: shall 'not be twreasonably witt~hel.d by any Sponsor provided an air car'~z':i_er f] l ; slll-II(lil ,,bligat:Lm~s substar~.tialty stl.mLla,'- to ;;hose ready imposed on {lo'.afl'!~'t air carriers, and (B) each /l-;%(::d {>as,a operator using ;'i senern. 1 .qvl. r~t:lo't] airporE sha!l be S't]b.iCct t:o tl)e s411t]e rates, -:i(,;~_~,''', vent:als, and of:her charges_ . as are uniformly., n'pnlic3ble to all t ,.Dui. fixed l>~so operaLors making Ilhe'sallla or qimi.].a~.' ~ts(~s of ai.i:por't utzilizing the same or similar facilities; pro'vis-ion (A) at.be'we, sh:tl] 'not require the ....... ~.ezOl, ntatl, on oi:. ally lease or et-her ,:2ont~act C. Ii/el.C.I~ .... ' - =, int:o by ;1 sporlsor before July 12, i976; {,r(.,v.is'i.on (Il) above ('BI.OITC([ i.TIliO by :.l }{~,l)ntl,)r ])(~fo'~Te ,lv~!.y ii.j Page 3C of 4 Sages 16. To the extent permitted by law, the Sponsor will remove~ o]: mark and light any a~r~o~,'~t~-~-~, obstruct~on as identified by FAR~ Part 77(1/~ CF]~ 77] a~ ~pplied to t~e~ ~ .......... bu~g Hunicipal Airport. prior to final pay~aent under this G?rant. 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 instntment hy the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a (;rant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the ~ 5hi. ted States and the Sponsor with respect to the accomp!ishn~ent of fl~e Project and the oloeratit.~ ;~l~d maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's :~ccepiance of this Offer and shall remain in fid[ force and effect throughout ltae useful li~k~ of the ~hcilities developed .nder the Project but in any event not to exceed twenty years from the cl:~!e of said acceptance. UNITED STATES OF AMERICA FEDERAL AV1ATION ADMINISTRATION .? ....... ......... (fiTZ-. : ............. Chief, Washington Airports Dist~ick O~fice Part II-Acceptance ]'tie Town of Leesburg, Virginia does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Applicatiofi and incorporated materials referred to in the foregoing Offer and does hereby accept sa_id Offer and bv snch acceptance agrees to all of the terms and conditions lhere, of. f{xecuted this ...................... day of ................................ l0 ...... .. T9..~.. 9.f. J:e. e:.s.b.u.r. 8:. y.i.r. 8~..n~i.a. .......... (Name of Sponsor) (SEAL) Title ........................................... At test' Title: ..................................... (;F. RTIFlCATE OF SPONSOR.'S ATTORNEY t .................................... acting as At torney for ...T.-gx.m...o.f...L.e.e.s.b.u..r.g.,..V.~.r.g.i.n.~.a.., (herein referred to as the ~pons~r ; do herehv certifv: TMt 1 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 anti in accordance with the laws of the ~I~N~X~..Co~qn~t~..o.f. y~.~g~p~ ..... and further that, in my opinion, said Grant Agreement constitutes a legal and binding ohligation of the Sponsor in accordance with the terms d~creof. l)ated at .............................. this .......... day of .................... .~_:..:_~... , 19 .... Title .................................... [:AA FORM 5100-13 PC; 4{I0-71) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4