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HomeMy WebLinkAboutRes1963-321 A' _EPTANCE OF THE GRANT OFFER RESOLUTION NO. 321 WHEREAS, there has been filed with the Government in behalf of CITY OF SEWARD (herein called the Applicant) an application, Project Number APW-A1aska-25G '-- p V j If" '\ L~f .~ dated Bot.. 5, 1962 , for Federal assistance under the Public Works Acceleration Act, Public Law 87-658, and the UNITED STATES OF AMERICA, acting by and through the Regional Director of Community Facilities, has transmitted to the Applicant for acceptance a Grant Offer dated July 5. 1963 of Federal assistance in connection with the Project referred to in said applica- tion and described in said Offer; and WHEREAS, said Grant Offer has been fully considered in accordance with all pertinent rules of procedure and legal requiremenbs, and made a part of the Applicant's public records; and WHEREAS, it is deemed advisable and in the public interest that said Grant Offer be accepted; NOW, THEREFORE, be it Resolved by The Common Council of the City of Seward (NaMe of Applicant) that the said Grant Offer, a true and correct copy of which, including the Special Conditions and the Terms and Conditions, is hereto attached, be and the same hereby is accepted without reservation or qualification, and the Ap- plicant agrees to comp}y with the provisions thereof, Passed by the aforementioned governing body of the Applicant on the of July, 1963 15th day Date July 15. 1963 (Signed) Attest: ~.L~zd/E; Beatrice E.datts TItle City Clerk-Trease Approved as a Valid Acceptance of the above-mentioned Grant Offer Mayor Pro-Tam (Applicant's Attorney) Address: Box 156 Seward. Alaska 99664 Housing and Home Finance Agency Community Facilities Administration CFA-U22 (2-63) Iprevious Editions Obsoletel r- RECORDING OFFICER'S CERTIFICAT. I, the undersigned, the duly qualified and acting City Clerk-Treasurer of the City of Seward , Seward. Alaska, and the keeper of the journal of proceedings of the said City Council of the City of Seward (herein called the "Governing Body"), do hereby certify: 1. That the attached Resolution (herein called the "Acceptance"), is a true and correct copy of a resolution as finally adopted at a meeting of the Governing Body held on the 15th day of July , 1963 and duly recorded in my office; 2. That said meeting was duly convened and held in all respects in accordance with law and to the extent required by law due and proper notice of such meeting was given; and a legal quorum was present throughout the meeting, a legally sufficient number of members of the Governing Body voted in the proper manner and for the adoption of said Acceptance; that all other requirements and proceedings incident to the proper adoption or passage of said resolution have been duly fulfilled, carried out, and otherwise observed; and that I am authorized to execute this Certificate. IN 1NITNESS WHEREOF, I have hereunto set my hand and affixed the the City of Seward official seal of , this 15th day of July , 1963. (SEAL) By a~~ 7'zU~ Beatrice E. Watts Title City Clerk-Treasurer City of Seward CFA-l121 (2-63) HOUSING AND HOME FIN ANC E AGENCY Project No. t.. '!:kd"-Al"1Ca-2~. COMMUNITY FACILITIES ADMINISTRATION Offer Date Ju1.y S, 1.963 ACCELERATED PUBLI C WORKS PROGRAM ~J-602-19S7 Contract No. GRANT OFFER Subject to the Terms and Condi tions, dated 11...:)2 attached hereto and , made a part hereof as Exhibit itA, II and the Special Conditions attached hereto and made a part hereof as Exhibit fiB, " the Housing and Home Finance Age~~, ~ereinafter refer56d to as the Government, hereby offers to make a grant of $ ",0 or PMW~O~~:lU~~ project cost, whichever is the lesser, to (herein call ed the "Applicant") , in order to aid in financing the $ COH;mtion of essential public WO;&~i& ~fi.i~i~sent,lY estimated to cost , consisting of (herein call ed the "Project"): Provided, that in the even t the actual eligi'rie14 project cost as determined by the Government upon completion is less than $ ,6 , the amount of the grant shall be reduced so that the grant amount shall not exceed the above percentage of the ac t u al eligible project cost. Upon acceptance, this Offer, together wi th the Terms and Conditions and the Special Conditions referred to. shall become the "Grant Agreement. " Prior to disbursement of any Government grant monies hereunder, the Applicant shall have the right to terminate this Grant Agreement effective fifteen days after giving notice of termination to the Government. The Government shall have the right to terminate this Grant Agreement, effective upon fifteen days notice thereof to the Applicant, whenever it determines that the Applicant has failed to proceed promptly with the construction and f inanc ing of the proj ect. This Offer must be accepted within fifteen days from the date of receipt. Housing and Home Finance Agency Community Facilities Administration ., "'fcrAAl SllR!U " By M, PERRY HOBBS R ,UTI.,. rn""I.Jt~~..' ~~.._.~~ T eg1.ona trector 0 a..unlty oedt les !. Perry Hobh. Aotlng D1PlM'ior tot. Ncrthw.., 'jpeI'D'bne I Previous Editions Obsolete I r.. CFA-1l20 (1l-62) HOUSING AND HOI1E FINANCE AGENCY COMMUNITY FACILITIES ADMINISTRATION TERNS AND CONDITIONS Constituting Part of the Grant Agreement Providi,ng for the Financing and Construction of Public Works or Facilities Under Title II of the Housing Amendments of 1955, as Amended by the Public Works Acceleration Act, Public Law 87-658. Section 1. Definitions. As used in these Terms and Conditions: "Government." means the United States of America. "Project" means the Public Works or Facilities covered by the Grant Agreement. "Grant Agreement" means the contract between the Government and the Applicant covering the Project and includes both these Terms and Conditions and other contract instruments. "Applicant" means the public entity designated in the Grant Agreement. "Project Costs" means the cost of construction work for the Project, cost of necessary architectural/engineering services, legal, administrative 8l1d clerical costs, cost of land acquisition, necessary travel expenses, interest during construction and development, and other necessary miscellaneous expenses, all as determined by the Government. . "Eligible Project Costs" means Project Costs less the costs of land, rights-of-way, initial operating supplies and equipment with the exception of those items directly or reasonably required for the completion of construction, planning financed by a Planning Advance under Section 702 of the Housing Act of 1954-, as amended, and any other ineligible miscellaneous expenses, all as determined by the Goverrunent. "Depository Baulc" means a bank or trust company ..1:11ch is a member of the Federal Deposit Insurance COI?oration. Section 2. Prerequisites to Government I s Obligations. The Government shall be under no obligation to disburse f'unds Ullder the Grant Agreement if: (a) Representations. Any representation made by the Applicant to the Govern- ment in connection with the application shall be incorrect or incomplete in any material respect, or the Government detemines that the Applicant has failed to proceed promptly with Project fin811Cing or construction; r'~ (b) Concurrence by Government. The Applicant, having submitted to the Government any of the documents mentioned in Section 10 hereof which under the established procedures require the Government's prior approval, sha12 have proceeded to ma.1~e related expe!!f,,'.tllreo or iac'lL." rt~lo.tco. obllga.-l;:l.Oll13 wi:;;hout having been advised by the Govc::nInell"t t?:J.S,t the Srlme a::c sai;13:~acto!""J; it being the pur-pose of this p...O":r::.G~.on to inS'.."!::e that no e.ctio!l ',liJ-1. be ta.1..en in the develO]?ll1ent of t):],e Project vlh:l.ch wouJ.d l'(,cnllt i:1 lcg'.,f!,J. or contre.ctunJ. violation renderj.ng i t l11~pOHs:l.blc :':'01' the C7OV(:~:"':Lllent to ~r,e tne g'."nnt here- under or for the par'.;:l.es to nccougllsh the ob~~c..::ts of tl:e Gi.'rorl; AC;::(~C:I!I.e::1tj (c) Prohibited Interests. If any official of the Applicant 1,ho is authorized in such capacity and on behalf of the A1JPlicc-nt to negotiate, make, accept or approve, or to take any part in negotiating, mal;:tng, accepting, or approving any architectural, engineering, :.tnspection, cons';':t':iction, materials, supply, or equipment contract or u.rsy subco::\trcct in connection wi th the construction of the Project, n:Jall bccone di:~ectJ.y or :l.n(li~~ec-c.:Qr 1 interested personally in any such contrf~ct or suhcontract, or if a.ny o:l:'1'id.al, employee, architect, attorney, engineer or inspector of or for the Applicant who is authorized in such capacity and on behalf of the Applicant to exercise any legislative, executive, supel~isory or other functions in connection with the construction of the Project, shall become directly or indirectly interested personaLly in any co~stl~ction, me~erie.ls, supply, equipment or insurance contract, in any subcontract or any other contract pertaining to the Project. Section 3. Applicant's Funds. The Applica:.1t sha12 initiate and prosec'\l1;e to completion all proceedings necessary to enable the Applicant to provide its share of the Project Costs on or prior to the time that such funds are needed to meet project costs. Section 4. Legs.l Hntte:::s. The Ap:?l:l.ear:t s:1.:.,}~ .:;,::w:(~ al.1.. f'l.c~:~ons neC'JE188.!'J' to enable it to finance, constl~ct, and develO'..,l the i'ro~ect 5.n d,'le t~.1'le, fUl"lJl, rule, manner as required by :Un/" and the Gral1t Ag::(~f"lIle~t. Section 5. Prerequ:l.sit(~8 to Gl'an':; D:'.G1:)'(l.1':l(J:jlell~;3. P:..~.o::: to t':lC Gove:':JJLlent disbursing any portion of' the gl"'8..-r.; i:>rocw~dS; t:1C A~!f':L:i.eo.ll+' B~l['.J-1. ]?rcscnt satisfactory evidence thax: (a) It has obtained, or can obtain, all lent,. :righ~;s"0:;:'''''1P'YJ cu:::cuents, :;>enn.i.tl'1, franchises, Federal, State, County, and r'funicij?al a:P1J~:')YnJ_s l'(!quired in connection with the construction and operation of the Project, incluc;ing approval of the final plans and specifications by the alJPropriateStnte authorities; (b) It has the funds or a firm a.nd. b~"niU.ng COLlll1it:..:Ji>'!l::; to }!roviue its s!:Jl',re of the Project costSj r- (c) It has deposited into the Construction Account, in addition to the grant proceeds, any portion then available of the :funds to be furnished by the Applicant to meet its share of the Project costs and that it will pr~t~ deposit any remaining portion of' its share of Project costs in order that all payments in connection with the Project can be made as the same became due; (d) The Project can be c~leted at a total cost satisfactory to the Govern- ment which will be within the amount of funds available therefor; (e) The Applicant (1) has formally amended its capital improvement plan, budget or other schedule, or is in the process of so amending it, to incorporate the increase in its planned net expenditures for capital improvements pursuant to the resolution furnished with the grant applica- tion; (2) has secured, or is in the process of securing, approval of the amendments by any State or other public b~ having author1 ty in such matters; and (3) has arranged for, or 1s proceeding expeditious~ to obtain, the fUnds needed for such increase in expenditures. Section 6. Grant Disbursements. The Applicant may requisition disbursements against the grant as follows: m J 25'/0 upon approval of the award of the construction contract(s). 50'{0 when construction is 50'/0 complete. 15% upon final inspection. 10'{0 after Project completion and audit, subject to adjustment to reflect the actual cost as determined by the Government. Such requisitions shall be accompanied by such supporting data as the Govern- ment may require and shall be honored by the Government, subject to the provisions of the Grant Agreement. No request for review of a determination of the Government affecting the grant payable under the Agreement will be considered unless such. request is received by the Government not later than three months following notice to the Applicant 0f such determination. All accounting records including bank deposit slips, cancelled checks and other supporting documents and construction contract awards shall be retained intact for audit or inspection by the Goverrment's authorized representa.tives. Section 7. Construction Account. The Applicant shall set up in a Depository Bank, or with the fiscal agency of the Applicant f'ixed by law, a separate account or aCCO'lmts (herein collectively called the "Construction Account") into which shall be deposited the proceeds of the Government grant and the funds required by the provisions of the Grant Agreement to be f'urnished by the Applicant to assure the payment of' all Project costs. Moneys in the Construction Account shall be expended only for such purposes as shall have been previous~ specified in the project cost estimates approved by the Government. The Applicant shall pay all Project costs from the Construction Account. r Moneys in the Construction Account shall be secured by the Depository Bank in the manner prescribed by statutes relating to the securing of public funds. Where the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days, the Applicant may direct the DE'pository Barue to invest such e:;,;r:eS3 funds in direct oblie;at:i.o:c.s 0f, or obl::.ga.- tions the principal of and inte,-""est on ,Thich ere gu.3.:t'().:::rl;ecd by, the Uz:j~,(;d S.;;C;~<:J:3 Goverrunent, which shalJ. matu.:~d not ].a"~e):' than ]-8 mO::i,ths a,!"ce:' the clG.t~ of EL1Ch investment and which shall be subject to redemption at aTr;.r time ay the hO].e.<;::' thereof. The ea.rn1ngs from any sur~h iniiCfr~me:.1ts sha.L'. be e.epo:J:ttec1. in tb.e C,D- struction Account by the Applicenx. After completion of construction and p~~nent of all costs of the ~L~ject, any balance in the Construction Account shall remain therein pending determination by the Government of the total Project cost and the FCC'.e::-al g:;:'a.'1t. Such ba:'.a':lce shall be used to refund promptly to the Goyernment eny o\'-erpayrnent macle with respect to the Federal gl'ant j any amo'.ll1.t thereafter ::-emain<.ng shE'_U. ~e F!.vaile~1!'..e for disposition by the Applicant in acco::'dance with its l')~~he::' CO::lt:-c.Ctl11'J. ag::r1c- ments, applicable State 0:;.' local 11l'H or other governing cono.it10ns. Section 8. Prompt Procedure--Economic Construction. The App.licant cuvenants a.:.1.d agrees that it will proceed promptly with all matters necessary to the financing and the development of the Projectj and that the Project will be unde:>:'taken w.d developed in such manner that economy wLll be promoted in ffilCh Qevelo~ment &~Q ip- the construction work. Section 9. ~provals and Pe:i:mi~;s. The Applicant sC.aU o~)tain a:i??r()\T8~.s 2.::\d permits required by law as a condition precedent to the e.cquisitivl1, c0r.3t::-uc";;io:'., development, and operation of the P:~ject. Section 10. Submission of Proc_~_e;..dJ.ng~_~_c:..optTact and ethel' Docume:Jts. The Applicant shall submit to the CioYe:~,1illent s'lch elata.. rt'Jpori;B, l',"(l~;:.'I7.s !).ncl 0.OC1::'- ments relating to the construct:1.0l1, financinG, and ope.'i:ation of tYe P.;;~ject e.s the Goverrunent may rcquil'e. Apl;>::o,.-pl of the G<Ti'c:"_1ille;Tt llJUst be o~)"~ained pri,).'i:.' to the assignment of any inte::-est in or :la:;:-'.; of 8:.v codc:.'act :ceJ.at:Lng to the Project. Section 11. Construction by C(mtrar~~;. AJ_l "TOrk on the I':!:o,Jcct shan be c.one under contract and ever.! opport-:vlity- rJ:mll be given fo::: free, o:'?c!l and cOlll.."':letlt:1:ve bidding for each a:.ld ever'J const:"..:tction., me.terial, and ecgLtrllncnt c0n"c:('uct. The Applicant shall give such publicit;y by aC.vertise!Jlent or ce.:~s for bi6.s b'J it fo::' the furnishing to it of work, labo:::', micteTials, and e'luipmcnt as ::."equired by applicable law and as will provide ac.equ.ate c0mpetit:!.onj and the a',lRrd of each contract therrefor shall ~~-E2.8-j~.L.!i:rte...:T a::>p'rov~_ ry.J~h.e_s'o~:!=.:..:JIue.;'0~ to--0e lW:Tco":; responsible bidd.er as 8')On as p;"<1.ct:;.,~t>:;)le; P:;:-,)v::'de::':j t'c;:-,t in ti.,e SO:~:Clltio.l of' equipment or materials '-:~he APP.li,~a:,':t-llk'1y-,-fii"t11e- i.TC,":~c8t 0:' 8~~2.r.c..-'1::'d.iz,,-~~i::>l1 0:;.' ultimate economy, if the l?,c.vantage of st~ch staEc.a::THze;l.;~.oa or (h'.C1:1 ul:cimate economy is clearly E:'rident, aVN"'C. a COllt::''''c..~t to a :..~es:?O:ls~'-~:2...e ~:~~~8.C:i'" othe:r t:~_f.i..-J. the lowest in pri1;l'8. The Api:llicant s!l~J.l O'Ota:1.:.1 -:;::e C')::.\l'.t::-::e:1'~,~ of t'le G')'I'-l:l1-::- ment before approvi::J.g S')':'Jc'),1":;:~eJ~tr; ::e~".~,tin0 tel t'-,e r-_"oc.'e~-i:;. r" (a) Contracts and subcontracts sbalJ. provide for submission of such ~loyment and other data relating to oonstruction of the project as the Applicant ~ require. (b) The Applicant shall include in each of its construction contracts a prov1siott requiring the contractor, insofar as practicable, to give preference, in the hiring of workers for the Project, to qualit'ied local labor. The provision also will require each contractor to insert the same or a s1m11ar provision in each subcontract for the Project. Section 12. Changes in Construction Contract. AIry change in a construction contract shall be submitted to the Government for approval. Construction contracts shall include a provision speci:f'y1ng that the above requirement will be met. Section 13. Contract Sequrity. The Applicant shall require that each construction contractor sha..l1 furnish a performance bond in an amount at least equal to 100 per- cent of his contract price as security for the faithful performance of 1:116 cotit~t and also a :payment bond In an amount not less than 50 percent of his contract price or in a penal Slm! not less than that prescribed by State, territorial, or local law, as security for the ~nt of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The perf'o:rnnnce bond and the :payment bond may be in one or in separate instruments in accordance with local law. Section 14. Insurance During Construction. The Applica:fJ.t::shall require that each of its construction contractors and his subcontractors shall maintain, during the life of his contract, Workmen t S Compensation Insurance, Public Liability and Property ll9.mage Insurance in amounts and on terms satisfactory to the Government. The Applicant shall maintain BuLlders t Risk Insurance (fire and extended. coverage) on a 100 percent basis on the insurable portions of the Project for the benefit' of the owner, prime contractor, and all subcontractors as their interests may appear, until the Project is completed and is accepted by the Applicant. Section 15. (a) Wage Rates: Upon receipt of the list of wage rates detennined. by the Secretary of Labor in accordance with the Act of March 3, 1931,. (Davis- :Bacon Act, as amended), the Applicant shall include such list in all contracts ca1.l1ng for work on the Project and require adherence thereto. The Applicant sba.ll also require of' each of its contractors that such list sball be posted at appropriate conspicuous points on the site of the Project. Unless otherwise required by law, wage rates need not be listed for non-manual workers, including executive, supervisory, administrative and clerical em;ployees. If', after the award of the contract, it becanes necessary to eu(ploy any :person in a trade or occupation not class1:f'led in the above list, such :person sball . be paid at not less than a rate to be determined by the Secretary ~ IB.bor. Such approved minimum rate sball be retroactive to the time of the initia1 em;ployment of such person in ;sueh trade or occupation. The contractor sball notify the Applicant of his intention to em;ploy :persons in trades or occupations not classified in su:f:f'icient t:l.me for the Applicant to obtain approved rates for such trades or occupations. .,;,_..",-:',;.~l .~. ,..",,,;~.-. r-- (b) ~act Work Hours: The Applicant shall comply with the provisions of the Contract Work Hours Star.dards Act (P.L. 87-581) which provides that the Applicant will also require of its contractors that no laborer or mechanic shall be required or permitted to be e.mployed in such work in excess of eight hours in any calendar day or in excess of forty hou:-s in any worbreek unless such laborer or mechanic receives compensetion at a rate not less than one and one-half times his basic rate of pay for all hou'l;'s worked in excess of eight hours in cmy calendE',!' day OZ- , in excess of forty hours in such workweek as the case may be. Section 16. ~'1l1ent of' Employ:e~. The Applicant ahe.11 requizoe of 1 ts CO:.lt,~e.ctors that all employees engaged in "(.ork on the Project be paid in full (leBs ded'llctions made mandatory by law) not less often than once each week. Section 17. Wp..ge U"1der..f'e2fI!lents and Adjustments. The Applicant shall require of. ea.ch of its contractoJ."s the;t., in cages of underpayment of wages by the cor.tr.actor, the Applicant rD8.y withho.1..d f'rOlJl such contre.etor out of payments due, an amount sufficient to pay worke~:s emplCTJed, on the work covered by his contract the cl.ifft::!'ence between the wages required to be paid under the con'i;ract and the wages actually paid such workel's foZ' the total number of hours worked and may disburt;le s'.tch emoU!'1ts so withheld by it i'oX' a'lrl on account of' the contractor to the respective employees to whom they 8..'('e due. Section 18. lul1;:<.,.K.iclt'lJa0.k I3ta~;"U"te. The so-called A!'lti -Kickback Statute, Public law No. 324" T3l":d CI(w:g;.~e[;'s-;8.~!p'ro"ed June 13, 1934 (48 Stat. 1948 as amend.ed), and the reg(1~.B.l;ionB :!.f.1s'il.ed :pu:.'sue.nt thereto, a.re a part of the Gra.nt Agree:tl\el'lt, and the AppLtcant shull c~!!~~\r, 6.n(1 :ceqvire each of its contractors employed in the construc~;ionJ p;:osect"!:t',iOIl, O~. cOIapletion of the P.i:-oject to comply there'\\1. th, and to cause his soocontractm."s to do likewise. Section 19.. Acc:~dp.r::t. P:rI:N":~n".::.:J.o:'!. ~'he A:pp1i~a'1t Bil.';;ll require of its contractors that pr.ec;~uti'c,n-;:ll.\i2r~1;ei;;;;:;;~Tied at all times fo'!: the J?:~otect1on of: pe:':'~''':'!8 (including e!!l:?l:)~lee8) :s;:d P"i:O:o1'~:~ty, aud that hazl'!.J:dous conditions be gua.rC.ed against or e].i1n.",:tl!,rt\~d. Section 20. 8Ui'Jel"vis;l!J~1 13.:.1<1. Ii:lf3;;?ection. The Applicant shal.l :provid.e O',,-ld !!Il:l,in";;p',1!l on its OIoTl..1 beIW2!:' c<.-a11:;Je1:ent ann a,6.equate architectural or enginee:dng se::-v:!.ces covering the s.'Xgl:::L'"Ii":!.S.!.Oil and inslJection of the development anCl. co~st!'uc-tion o~ the Project. Section 21. NOilCliscr:l.rui,mtion. The Applicant shall require that there snall be no discrimina"t.io!:! agc..!,ns'G l:J;rry employee who is employed in carrying out the Project, or aga::.nst a.rry applicant for such employment, because of race, religion, color or r..,.tiOlm:i. o::ig:i.n. This provision shall include, but not be llmitec. to, the following: eJ:l.Ii?lo~'Illent, upgrading, demotion, or transfer; recruitment or recruitment ad:vej;-t.!..s:!.I!g; layoff' or termination; re.tes of payor other f'o:r.rrw of c~ensation; end selection fo~ training, including apprenticeship. ~- The Applicant shall insert the foregoing provision of this Section in a1l1ts ' contracts for Project 'Work and will require e.ll of its contractors for such work to insert a s:lJDi1ar provision in all subcontracts for Project 'Work; Provided,' that the foregoing provif);;.:;:l:c. 0-:: tlli.s Sect:ton she,)~ n.ot al'P:q to contracts or subcontro.cts for stn.:J.Ua:i:'o. COBlUler<.::bl f;u)?:p~'.ies or Z'o.'W rnat,;~:l.'i".ls. The Applicant shaD. 1'08':; at the Pl..ojec'l;;, in cono::?~.cuous p1e(~es aveiL'\ble to employees and applica.'"Xl;S fo:: e,?\l?J.tI.}"J':I.e.rc., noti.:p.s to be j?!'O'"vided. by the Govermnent setting forth the jp~07i.s:iOJ:l:; 0:0: .;;.:~;; ::\()!\C'j.sG!':!.rni:nn:Gion cJ~'\ttle. Section 22. Payments to Contrac-Go::s. Not later thnn the i'i:fteenth day of each calendar month the Applicant shall make a partial payment to each construction contractor on the basis ofa duly certified and approved estimate of the work performed during the precedi..'1g calendar month by the particular contractor, but shall retain until final completion and acce:;;rcance of all 'Work covered by the particular contract a reasonable amount, specified in the contract, sufficient to insure the proper performa.."'lce of the contrr.ct. Section 23. Audit and Inspection. The Applicant shall require of its contractors that the Government I s authorized representatiyes be perJDitted, and it "Will itself' permit them to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records appertaining to the development of the Proj ect; and shall perm! t the Goverrunent I s authorized representa.- tives to inspect or audit the booIes, records, and acc01mts of the Applicant pertain- ing to the Grant and the devel<J.flr:lcnt of the P::oject. Section 24. Signs. The Applicant shall cause to be erected at the site of the Project, and matntained during construction, signs satisfactory to the Government identifying the Project and indicating the fact that the Govermnent is participating in the development of the Pl'oj~ct. Section 25. OperatJ-on of ?t;.2.J.!~<.:t. Th0 AP1?l:lr~f.Ult cO'lel1..'\Il-;S that it will operate and maintain the Project or pl'O'"v:.rle to:.' the opurat:l.on Ilnt1 ma.:1.ntenance thereof, to serve the objects and purposes Tor vh:i.ch t:1C ~:"O.nt hns bcen made ava.:l.lable under the Federal la1~ and the terms of the Gl'311t Ag:>;'ce::uent. Section 26. Surety. The Appllc:".nt c:wcnants 'Ghat each of its officials or employees having custody of PJ.'ojcct funch dtU"ing acquicition, construction, and development of the Project, 8ha.1J. be 'oondec, at e.11 tlLles :l.n an amount at least equal to the total funds in his custOCl.y at any one tine. Section 27. Interest of TP.ird _Parties. benefit of third parties. The Governnent to any party other than the Applicant. The Grant Agreement 1s not for the sbL~ll not be obligated or liable hereunder Section 28. Interest of }.'[8!"..:lbers of 0:" DelS-E::.;es -:;2...f.o.F&:~. No member of or delege.te ,to the Congress of the United States shall be admH-ced to any share or part of tl-...is Grant Agreement or to any benef:!::; o.r~.sir..g t:J.er~from. r' Section 29. Bonus or COIIlIIl1ssion. By execution of the Grant Agreement the Applicant represents that it has not paid and, also, agrees not to pay, any bonus or canmission for the purpose of obtaining an approval of 1ts applica- tion tor the Grant hereWlder. Section 30. State or Territorial law. Anything in the Grant Agreement to the contrary notwithstanding, nothing in the Grant Agreement shall require the Applicant to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any appl1cableState or territorial law: Provided, That if any of the provisions of the Grant Agree- ment violate any applicable State or territorial law, or if compliance with the provisions of the Grant Agreement :would require the Applicant to violate any applicable State or terri to-dal law, the Applicant will at once notify the Government in writing in order that appropriate changes and modifications may be made by the Government and the Applicant to'the end that the Applicant may proceed as soon as possible with the construction of the Project. rv~ (5-17-63) EXHIBIT 8 SPECIAL CONDITIONS Project No. APW- 11ptk.-2SD The following Special Conditions are made a part of the Grant Agreement for the above-numbered project. I. The Applicant agrees that: (a) Within sixty (60) days from the date of receipt of the Grant Offer, It will furnish the Government satisfactory evidence that its share of the project cost is available or that firm and binding arrangements have been entered into to provide such funds as they are needed to meet project costs. (b) Within 120 days from the date of receipt of the Grant Offer, it will cause on-site labor to be employed in the construction of the project. Failure of the Applicant to comply with the foregoing shall give the Government the right to terminate the Grant Agreement. 2. The Government shall have the right to reduce the amount of grant set forth in the Grant Offer, upon giving the applicant written notice, if the eligible project costs after award of the construction contracts are determined by the Government to be less than the estimated costs upon which the stipulated amount of the grant was based. 3. The Terms and Conditions (CFA-1120, 11-62) attached hereto are hereby modified as follows: Section 26. Surety is modified by deleting the Section in its entirety.