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HomeMy WebLinkAboutRes1963-342 AC_~PTANCE OF THE GRANT OFFER RESOLUTION NO. 342 . t ('&}V~ '.' f <'I' t., t.... l WHEREAS, there has been filed with the Government in behalf of CITY OF SEWARD (herein called the Applicant) an application, Project Number APW-Alaska-26G dated November I), 1q62 ,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 O~tober 29. 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 requirements, 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 CITY OF SEWARD (No.. of Applicont) 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 comply with the provisions thereof. Passed by the aforementioned governing body of the Applicant on the 4th day of November, 1963 , Date November 4.1963 (Signed) Attest: ~~2:~~ Beatrice . Watts Title City Clerk-Trease Approved as a valid Acceptance of the above-mentioned Grant Offer c0~ a 4U~) (Na.~ of Offic~r Required to Approve) Perry R. Stockton Mayo:r:._~_' UPR.li.cant's Attorney) Howard W. YOiiOck, Attorney-at-Law Address: 326 H Street. Anchorage. Alaska Housing and Home Finance Agency Community Facilities Administration CF~U22 (2-63) Iprevious Editions Obsolete I r- RECORDING OFFICER'S CERTIFICATE I, the undersigned, the duly qualifi.ed and acting City Clerk of the CITY OF SEWARD COMMON COUNCIL ALASKA , and the keeper of the journal of proceedings of the said City of Seward COlllmon Council (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 fourth day of Novem ber , 196~, and duly recorded in ~ 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 quorUlll 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 tbe 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. 1M WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of AlaAka the City of Seward /~d r- day of November . 1962,.. . this By~~:j k,0~ Title Beatrice E. l.II'.at.~q. I':i t:K Clerk- 'fr asurer (SEAL) CFA-1121 (2-63) HOUSING AND HOME FINANCE AGENCY COMMUNITY FACILITIES ADMINISTRATION Project No. APW-Alaska-26G Offer Date October 29, 1963 ACCELERATED PUBLIC WORKS PROGRAM Contract No.H-602-3049 GRANT OFFER Subj ect to the Terms and Condi tions, dated 11-62 , attached hereto and made a part hereof as Exhibit "A," and the Special Conditions attached hereto and made a part hereof as Exhibit "B,~ the Housing and Home Finance Agenc,Y. hereinafter referred to as the Government, herebY offers to make a grant of $ 134,500 or 50 percent of the eligible proj ect cost, whicbever is the lesser, to City of Seward (herein called the "Applicant"). in order to aid in financing the construction of essential public works or facilities presently estimated to cost $ 269,000 consisting of street improvements (herein called the "Project"): Provided, that in the event the actual eligible project cost as determined by the Government upon completion is less than $ 269,000 the amount of the grant shall be reduced so that the grant amount shall not exceed the above percentage of the actual eligible project cost. Upon acceptance, this Offer, together with the Terms and Conditions and the Special Condi tions 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 financing of the project. This Offer must be accepted within fifteen days from the date of receipt. Housing and Home Finance Agency Community Faciliti~s Administration A1 /I' ',/',/1 ( _-- By ~_f_ .\. .-.. .4i~U~~~~ L. R. Durkee Director for Northwest Operations Iprevious Editions Obsolete I r'--~- CFA-1l20 (11-62) HOUSING AND HOME FINANCE AGENCY COMMUNITY FACILITIES .ADMINISTRATION TERMS AND CONDITIONS Constituting Part of the Grant Agreement Providing 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 and 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 Government. "Depository Bank" means a bank or trust company "Which is a member of the Federal Deposit Insurance Corporation. Section 2. Prerequisites to Government's Obligations. The Government shall be under no obligation to disburse funds under the Grant Agreement if: (a) Representations. Jmy 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 determines that the Applicant has failed to proceed promptly with Project financing or construction; (b) Concurrence by Goyernment. The Applicant, having submitted to the Goyernment any of the documents mentioned in Section 10 hereof which under the established procedures require the Government's prior apprOYal, shall have proceeded to make related eXJ?e:'2(:~'.ttU:8G or incu:;: rdn.tco. obligatioas wJ:;;~out having been advised by the Govc::mllcnt t:w,t the S[UJle 0.::0 sat1c;::actorJ; it being the purj?osc of this p1'0-;r:;.35.on to ins'.'--:-(= tlla'~ no lO'.ctio:n ',TiJ~ be taJ;:en in the deveJ.opment of the J>roj ec'c ,.,hi.::11 \ro~.d :;:'(::::u..lt i:1 le/?,c"l 01' cOl1tract.un~. violation rendering it impor:s5 bl(-, :':'nr the GOV("~7.'2"11(mt to mr.e t1,e &':'nnt here.. under or fo!' the lx.'.rt:i.es to accr,Y-Jj?:J.sh UlC ciiJ;~<;,~ts of '';::12 G:,'alrl; A{j'-"()r:l}l()::ltj (c) Prohibited Interests. If any off'ici8.1 of the Applicant l-Tho is authorized in such capacity and on behalf of the AJ!..?licL'.nt to neGotiate, make, accept or approye, or to take any part in negotiating, nk~~tllG, acce~ting, or approving any architectural, enC;ineering, ~.nspe(:tion, cons';;r:iction, materials, supply, or equipment contl"'8.ct or a!lY fmbco:-ctr[~ct in connection wi th the construction of the :?roject, n;:ull hcccnc dh'(~etly or j.ncli~:,~c'i:.~r' interested personally in any such contrl.<ct or Bu:Ocontr~\G'c, or if any o:t'f:lc:'.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, s~pervisorJ or other functions in connection with the construction of the Project, shall bccome directly or indirectly interested personally in any co:-wti""Uction, !llc".'I~cr:;'2.1s, supply, equipment or insurance contract, in any subcontract or any other contract pertaining to the Project. Section 3. Applicant's Funds. The A:pplica:lt shall ini tiiJ:cc and :prosec-u:[~e to completion all proceedil18S necessary to enable the App~icant 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 !,htte1's. The All:?]j.l~ar:t s:r.c~ ";d:'e a::~ ge: ~:.ons !),GC ~fH3D.r;). to enable it to finance, conGtruct, a1ld dcvelo:l) thc" l'ro:L'ct ::.n d'le VJ.t~, fUl,,1, nw3, manner as required by lu1f and the Grw::t Ag::(~"'lw~t" Section 5. PrereqtE.si tf'S to G1I\l1"::..l~'.GiY(~~~ltS. P:::'.02' to t:,lE' GO'lC:':').lltWEt disburSing any portion 0::' the gra."1~~ proce(~a.s, t11C A:?:p:i..:i.(~:-:>Jlt G::l['.J~ pre"ellt satisfactory evidence tha,t: (a) It has obtained., or can obtain, n.1l lcn(~., ~:i..glTl;s'~o:;;,"uP'YJ CUGCtleiTts, i?cnn.i.tA, franchises, Federal, State, Count~r, and r'Itlllici:l?f\l '\:?1)~:,)vaJ,s r(~qu:l!'ed in connection vTith the construction and operation of the Project, incltK'.:.l.ng approval of the final plans and specifications by the alJpropriateState authorities; (b) It has the funds or a r'inn ana, b~.n(l5.:':1g corJIllit;;.J('::x:; to pro....ide its shp.re of the Project costs; r- . (c) It has deposited into the Construction Account, in addition to the grant proceeds, any portion then available of the f'unds to be furnished by the Applicant to meet its share of the Project costs and that it will P-".Wl,Pt;ly deposit a.rry remaining portion of its share of Project costs in order that all payments in connection with the Project can be made as the same becalle due; (d) The Project Can be ccmpleted at a total cost satisfactory to the Govern- ment which will be within the amount of f'unds available therefor; (e) The Applicant (1) has f~ 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 body having authority in such matters; and (3) has arranged for, or is proceeding expeditiously to obtain, the f'unds needed for such increase in expenditures. Section 6. Grant Disbursements. The Applicant may requisition disbursements against the grant as follows: . III 25~ upon approval of the award of the construction contract(s). 2 50% when construction is 5O'fo ccmplete. 3 l5'fo upon final inspection. 4 10% after Project completion and audit, subject to adjustment to reflect the actual cost as determined by the Government. Such requisitions shall be acccmpanied 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 f'or review of' a determination of' the Government affecting the grant payable \lllder the Agreement will be considered unless such. request is received by the Government not later than three months following notice to the Applicant of 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 Governnent I s authorized representatives. Section 7. Construction AccO\lllt. The Applicant shall set up in a Depository Bank, or 'With the f'iscal agency of the Applicant fixed by law, a separate account or accounts (herein collectively called the "Construction Acco\lllt") into which shall be deposited the proceeds of the Government grimt and the funds required by the provisions of' the Grant Agreement to be furnished by the Applica.nt to assure the payment of all Project costs. Moneys in the Construction Account shall be expended ~ 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. ~ 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 Depository Bank to imrest such excess funds in direct obligat:Lo:::,s of, 0:::' (,lbJ3ga- tions the principal of and in1;e:""e3t on 'Vrrdch ere gu,e.:ra::rl;cGd by, the UZ2i.~~()d S':;C.':;r.1~3 Govenunent, which sha1.1 matu.::'"d not ].ater than 1.8 months a.:f"~e:;..' the (1s.t~ of s'w\ch investment and which shall be subject to redemption at any time Jy the ho.1.dG::" thereof. The ee.rn1ngs from any such invcEltme:'1ts shal]. be Cl.epoaitec. in the CO:I- struction Account by the Applicant. After completion of construction and p~ent of a1.1 costs of the ?~ject, e~y balance in the Construction Account shal.l remain therein pending detennination by the Govenunent of the total. Project cost and t);}e Fee.e:;.~a.1 gl'ant. Such ba:'.&-:lce shalJ. be used to refund promptly to the GO\re::'IlllIent e:rJy O\'e~eIJ.t mac1e with respect to the Federal gl'ant; any am01mt thereaf't~r remo.in~.ng she~U. ;,~'! F!.vaUe~)7.e for disposition by the Applicant in accoJ:'dance with its O~vhe::" CO::lt:-::.Ct11al ag::rlc- ments, applicable State 01" local la'.V or other governing con6.itiol1s. Section 8. Prompt Procedure--Economic Copstruction. The Ap~licant c0Venarlts ~ld agree~ that it will proceed promptly with all matters necessary to the financing and the development of the Project; and that the Project wUJ. be undertaken al'.(l developed in such manner that economy will be promoted in such development ~~Q in the construction work. Section 9. ~proval.s and Permits. The Applica.nt shaJ_l o~)tain a??l"1:wa2..s a.:1d permits required by law as a condition precedent to the acquiaition, cor.gtTUctio~, development, and operation of the ~'Oject. Section 10. Submission of ~.92ee.2J.ng.!J__S'~~tand. Othel' DoC"UI~~. The Applicant shall submit to the Gove:~!lIUent S'.lch <lata, re:;?Ori;s, r8-::,x:L'.S end O.OC11- ments relating to the construct:1.on, finanCing, and o:pe:;:a.tion of tte ~'Oject e.s the Govenunent may requi::e. Aplcovel of the Go-;-e:'.."ll1lel1t roue;-;; be o~)J;ain.ed :91"1':)1' to the assignment of any inte::,est in 01' :?<-\:r~ of a::ry cont,-'tJ.ct :CE'J.at:j.ng to the Project. Section 11. Construction by Contract. AJ~ work on the Project shaJ.l be done ~--- under contract and wer-.f OPl?o::t~t'lity f'J1E\l1 be giyen fOl' free, o:?en and com~tit:l:ve bidding for each a:1d e'ie'1."J const:-..lct,ion, material, and eg~l:tl)ffiCnt CO:'1J~:rc'.ct. The Applicant shall give su.ch publicity by a.dvl~rtise).neut 01' ce.:~s fOl' bia.s b'J iJ~ fo::" the furnishing to it of work, labo::', !lll;'.terials, and eQ.uipmcnt as :::'equired by applicable law and 8,S will p:rovide a.o.equate competition; and the a'Vra...-..a. of each contrac~ therefor shall ]>~j~.L after a:9pr()"l,'~.2l~E-..e_S:o~";:lL1':;;~~ to-~.e llY.i"err; responslble bidder_as s_o2E-~.1~c_tJ,~t1.;)l_e; P:;:')':::..:;"de~:J t1:2.t in tI'.e s.:.!le\:l;io:l of equipment or materials -tohe Ap:pli'~a.'1t lIk'1.Y, in the i'T:;",::ept 0"5: s~~".nd.-'J.::'dizc::;ion OT ultimate economy, if the ac.vantage of Sl~Ci1 star'.c.a:rc1i.za:lj~.0l1 or ('f,',c1:1 ul:i:;im~d:.e economy is clearly e'rident, avt>-rc. a CQut,-"'C...::-:; to a 1.~es:)()ns<:0le ~::0_8.c:;:, other t:'./i::1 the lowest in pri'Q'0. The Appllcent. s!leJ.l o"0ta:i..:.1 -:;!:e C');~.~1l.::-::e:l'~'! of t1:le GI)"'~:\""::'.- ment before approvi:1g S~}'-'JCI)'l'c:'eJ~t8 :-:e:'_'''".t:i.n(; '\,r.) t':",e p._"1)~e!.:t. r-m -- (a) Contracts and subcontracts shallprortde for submission of, such eIIl;Ployment and other data relating to construction of the project as the Applicant ~ require. (b) The Applicant shall incl.ude in each of its construction contracts a pravis1C11 requiring the contractor, insofar as pra.cticabl.e, to give preference, in the lUring of workers for the Project, to qualii'ied local labor. The provision also will require each contractor to insert the same or a sim:L1ar provision in each subcontract for the Project. Section 12. Changes in Construction Contract. Any change in a construction contract shall be submitted to the Government for approval. Construction contracts shall include a prarlsion specii'ying that the above requirement w1ll be met. . Section 13. Contract Seq:urity. The Applicant shall'require that each construction contractor shall furIrl.sh a pert'ormance bond in an amount at 1east equal to 100. per- cent of his contract price as security for the faith:fu1 pert'ormance of 111s colit1'a.ct and also a ~nt bond in an a:mount not less than 50 percent of his contract price or in a penal sum not 1ess than that prescribed by State, territorial, or' local law, as security for the ~t o:f all persons performing labor on the' Project under his contract and furnishing materials in connection w1th his contract. The pert'onre.nce bond and the payment bond may be in one or in sepa.ra.te instruments in accordance with l.ocal law. Section 14. Insurance During ConstrucUon. The Applice:fl.t:;shall require that eaah of its construction contractors and his subcontractors shall maintain, during the life of his contract, Workmen IS Cau;pensation Insurance, Public Liability and. Property Da.ma.ge Insurance in amounts and on terms satisfa.ctory to the Government. The Applicant shall maintain Builders I Risk Insurance (fire and extended coverage) on a 100 percent basis on the insurable portions of the Project for the benefl"t' of the owner, pr1Jne contractor, and all subcontractors as their interests may appear, until. the Project is cam;pleted and is accepted by the Applicant. Section l.5. (a) Wage Rates: Upon receipt of the list of wage rates detem1ned 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 calling for work on the Project and require adherence thereto. The Applicant shall also require of each of its contractors that such list shall be posted at appx'O!,.date conspicuous points on the site of the Project. Un1ess otherwise reqtdred by law, wage rates need not be listed for non-manual. workers, including executive, supervisory, administrative and c1erical employees. If, a.:fter the award of the contract, it becanes necessary to enw10y any person in a trade or occu;pe.tion not classified in the above list, Imch person shall be paid at nat 1ess than a rate to be determined by the Secretary of Iebor. Such' approved minimum rate shall be retroactive to the time of too initial ~loyment of such person in :E;ueh trade or occupation. The contractor shall notify the Applicant of bis intention to employ persons in trades or occupations not classified in su:r:t'icient t:l.me :for the Applicant to obtain approved rates for such trades or occupations. (b) Contract Work Hours: The Applicant shall c~~ with the provisions of the Contre:c:t'Work Hours Ste.r.da.rds Act (P. L. 87-581) which provides that the Applicant will aJ.so require of its contractors that no laborer or mechanic enall be required or permitted to be em;ployed in such work in excess of eight hours in any calendar day or in excess of forty hou=s in any wor~Teek unless such laborer or mechanic receives compense,tion at a rate not less than one and one-half times his basic rate of pay for all hou:t's worked in excess of eieht hours in o.ny cG,lepue,r day or , 1n excess of forty hours in such workweek as the case may be. Section 16. P~~>J.t of JJBl'filloyees. The Applicant shell require of its co~t:'~a.ctors that all empl~Jees engaged in work on the Project be paid in full (le~6 ~educt1ons made mandatory by law) not leas often than once each week. Section 17. Wf:'.ge Ul'ldeY.'"J?l;"'.YJ1lents and Adjustments. The Applicant all8.11 require of each of its contractors tha.t.. in caaes of underpayment of wages by the contractor, the Applicant me,y witlilio!1 from such contra.ctor out of payments due, an amount sufficient to pay worke;,'s emplCTJed. on the work covered by ~s contract the c.if'fe::ence between the wages required to be IJl:l.id under the contract and the wages actually paid such worke:t's for the totE'.l number of hours worked and may disburl:le s',\ch eJIlOU'1ts so withheld by it for 8..':\11 on a.ccount of the contractor to the respective ent,tlloyees to whom they a....'('e due. Section 18. Ani;:t..I<.iCK08,ck Statute. The so-called Anti-Kickback Statute, Public I.e.w No. 324, Bl'C. ()()n~:'er3.'5-;-6.}!'p'ro"ed June 13, 1934 (48 Stat. 1948 as a.mend,ed), and the regl1:!.a;t;ionB iGS'iled :pu::sue,nt thereto, are a. part of the Grant Agree.l.len-t, and the Appl:tcant sl1u~l ccm.9~\", a,XlIi require each of its contractors employed in the constructio11) p::'osecutloY!) O~~ (;()l1rpletion of the Project to camp~ the!'~":ltb, and to cause his suOcontt'Bctozos to do likewise. Section 19. ~cc:'t!3:E: !7')'i!.\:~nt.j~~'!.. ~'he A:pp1i::m.nt f3~1l require of its contra.ctors that precaut.~,\.\l'l abeJ.2. ';)e exe:r,~:lseu a.t a.ll timt9S for the p:!'otection of: pe:"~:"':la (including el!l:?la:reer;) 13,,:11. P'!:'()\'e::'by, and that lIaz8.l'dous condit. ions 'be gua,rC.ed. against or eliEr.:~kted. Section 20. ~lw_el"'''iBi?lL~.~'1s:~ection. The Applicant shall :pravide l:'21d ~i!l:!:'p',i!l on its OIm be!1a.lt' cQ.1fpe1;en't and 8.i.1.equate architectlll'al or engineering s~::"Vice!3 covering the s"<.T,:?eI'V.:tsloi.l and i:nslJection of the development and co~struc-tion or the Project. Section 2L NO:;;ldiscrind~tion. The Applicant shall require that there snall be no discriminatio!! agc.,~,m:rG 8XJy employee ...ho is eIl!Illoyed in carrying out the Project, or aga.::.ust a.rry applicant for such em;ployment, because of race, religion, color or !'.atio!:1.a:L o:"igin. This provision shall include, but not be llmitec. to, the following: em.?lo~llllent, upgrading, demotion, or transfer; recruitment or recruitment ad,V"el:t:!.s:!.TIg.: layoff or termination; rates of pa:y or other forms of compensation; and selection for training, including apprenticeship. r- The Applicant shall insert the foregoing provision of this Section in all its. contracts for Project work and will require all of its contractors for such work to insert a similar provision in all subcontracts for Project work; Provided, that the foregoi:lg provis::':I:c. 0:: t~:i8 Scct:ton she,~~ not apply to con~rects or subcontracts for stn.nd.a:i:'d cO!mllerd.al l:;U}?"P~LiCil or ?:r:J.W nJ8.';;'":i.'i"',l.s. The Applicant she,:\,]. pos';; at the Project, in confJ::?~,cuous plenes ave.i1n.ble to employees and applic1:4""1'\;s fo!' e.7.l}?lo.)7:'.e:i'):t, n(:)ti,~,"s -:';0 be :?To-videa by the Government setting forth the j?J,'ovi.sio::l.'3 o:? ',,:25,; ::",0!\C'J.sc:,:,:;.!Jli::1'1::;ion cJ~'ltue. Section 22. Pa~cnts to Contracto:~s. NoJG later than the fifteenth day of each calendar month the Applicant shall make a partial paJ71l1ent to each construction contractor on the basis of 'a duly certified and approved estimate of the work performed during the preced:l.'1g calendar month by the particular contractor, but shall retain until final completion and acceptance or all work covered by the particular contract a reasonable amount, spec~ficd in the contract, sufficient to insure the proper performa..'1ce of the contrr.ct. Section 23. Audit and Inspection. The Applicant shall require of its contractors that the Government's authorized representati-ves be perlllitted, 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 Project; and shall pennit the Gove:l."Ill!lent I s authorized representa- tives to inspect or audit the books, records, and acc01mts of the Applicant pertain- ing to the Grant and the devel<YgD.ent of the P::'oject. Section 24. Signs. The Applicant shall cause to be erected at the site of the Project, and ma:l,ntained during construction, signs satisfactory to the Government identifying the Project and indicating the fact that the Government is participating in the development of the Project. Section 25. Operation of' ~oj~'d. The:: AWli,~tUlt C""Cl1..-m.::'S that it will operate and maintain the Project or pra-r:.rle 1'0,.. the op()!Oat:!.on n.nt1 ma.~,ntenance thereof', to serve the objects and purposes :for 1~u,ch. t~e G~nnt hP.s been raade avaJ.lable under the Federal la1{ and the tel"lllS of' the Grant Ag:',-c€':l)cmt. Section 26. Surety:. The App2ic~,l1t c::wenants 'i;hat each of its officials or employees having custody of Pl.-oject fUnds dttring acquisition, construction, and development of the Project, sha.1.1 be bondee, at e,n tll11es :l.n an DJllount at least equal to the total funds in his custoCl~ a.t any one tine. Section 27. Interest of TP.ird "parties. benefit of third parties. The Governnent to any party other than the Applica.nt. The Grant Agreement is not for the shull not be obll38-ted or liable hereunder Section 28. Interest of l-ier.ibers oL2=:. De}.~f~';es ':;2..Q.o!'&.::.~. No member of or delega.te ,to the Congress of the United States shall be adm:\:cted to any share or part of tr~s Grant Agreement or to any beneZi~ 3r~si~G t~er8fram. r Section 29. Bonus or Commission. By execution of the Grant Asreement the Applicant represents that it has not paid and, also, asrees not to pay, any bonus or cCllllll1ss1on for the purpose of obtaining an approval of its applica- tion for the Grant hereunder. Section 30. State or Territorial Ie.w. Anything in the Grant Asreement to the contrary notwithstanding, nothing in the Grant Asreement shall require the Applic'ant to observe or enforce compliance nth any provision thereof, perform any other act or do any other thing in contravention of any applicable State 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 territorial 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. ~._- (8-l4-63) EXHIBIT B SPECIAL CONDITIONS Project No. APW- Alaska-26G The following Special Conditions are made a part of the Grant Agreement for the above-numbered project. 1. 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 giv~:".~ 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: 3a. Section 21. Nondiscrimination is modified by deleting the Section in its entirety and substituting therefor the following: "Section 21. Nondiscrimination (a) The Applicant shall require that there shall be no discri- mination against any employee who is employed in carrying out the Project, or against any applicant for such employment. because of race, creed, color or national origin. This pro'fision shall include, but not be limited to, the following: employment, upgrading. demotion,. or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, inc1'lIding apprenticeship. (b) The Applicant hereby agrees to the following conditions: (1) it will incorporate or cause to be incorporated into any c~ntract for construction work, or modification thereof, ?aid for in whole or in part with funds obtained under the r Grant Agreement. the provisions prescribed for GoverDlllent contracts and Federally assisted construction contracts by Section 301 of Executive Order 10925, as amended; (2) it will assist and cooperate actively with the Housing'and Home Finance Agency and the President's Committee on Equal Employment Opportunity (the "Committee") in obtaining the compliance of contractors and subcontractors with said contract provisions and with the rules, regulations. and relevant orders of the Committee; (3) it will obtain and furnish to the Rousing and Home Finance Agency and to the Committee such information as they may require for the supervision of s\llCh compliance; (4) it will enforce the obligations of contractors and subcontractors under such provisions. rules. regulations and orders; (5) it will carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Committee or the Housing and Home Finance Agency; and (6) it will refrain from entering into any contract subject to this order. or extension or other modification of such a contract with a contractor debarred from Govern- ment contr~cts and Federally assisted construction contracts under Part III. Subpart D of Executive Order 10925, as amended, en;, who has not demonst.ted his eligibility for such contr~cts as provided in Part III of Executive Order 10925. U aOO1nded; and (7) in the event the Applicant fails and refuses to cClllply wUh J,U undertakings the Applic"at agrees that the Housing and Home Finance Agency may cancel. terminate or suspend in whole or in part the Grant Agreement. may refrain from extending any further assistance under any of its programs subject to Executive Or4er 11114 until satisfactory assurance of future compliance has been received frODl such Applicant. or may ref<er the case to the Department of .Justice for appropriate legal proceedings." (B) Section 26. ~urety is modified by deleting the Section in its entirety.