HomeMy WebLinkAboutReso 172-1984RESOLUTION NO. .172-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLULTION APPROVING THE FORM OF AGREEMENTS
FOR INSTALLATION OF IMPROVEMENTS TO REDUCE
AIRCRAFT NOISE IMPOSING WITHIN A STRUCTURE
BE IT RESOLVED by the City Council of the City of South San Francisco
that:
1. Approval of forms of Agreements.
The forms of the Agreements for installation of improvements to reduce
aircraft noise imposing within structures attached hereto as Exhibits "1"
through "4" are hereby approved, and may be used as necessary to carry out the
Noise Insulation Program undertaken by the .City of South San Francisco, pursuant
to the Aviation Safety and Noise Abatement act of 1979 (commencing at 49, U.S.C,
Section 2101 ).
2. Execution of Agreement.
The City Manager is authorized to execute the appropriate form of
Agreement with any property owners wishing to participate in the Noise Insula-
tion Program when such owners are selected by the City as participants, and
the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a re.qular
meeting held on the ~4th day of OCtober , 1984, by the following vote'
AYES:
NOES'
ABSENT'
Councilmembers Mark-N. Addiego, Emanuele N. Damonte, Richard .A. Haffey,
Gus-Nicolopulos; and Roberta Cerri Teglia
None ~ ~
None
EXtili~i'I "1"
TO RESOLUTION NO.
172-84
AGREEMENT FOR INSTALLATION OF IMPROVEMENTS
TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A
PRIVATELY OWNED STRUCTURE (TWENTY PERCENT (20%)
LOCAL FUNDING PROVIDED BY SAN FRANCISCO)
This Agreement is entered into this ' day of , 19
by and between the City of South San Francisco, a municipal corporation
organized and existing under the laws of the State of California (herein-
after "City" ) and
(hereinafter "Owner").
WHEREAS, Owner is the owner of that certain real property located at
and more particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein as though set forth verbatim (hereinafter
the "Property"); and
WHEREAS, Owner has been offered the opportunity to participate in a
publicly funded program which is intended to cause changes to be made to
the Property resulting in the attenuation of aircraft noise imposing on
the interior of the structure(s) located on the Property (hereinafter "Noise
Insulation Program"); and
WHEREAS, the funding source for said Noise Insulation Program will in-
clude eighty percent (80%) funding from the United States Government pur-
suant to the Aviation Safety and Noise Abatement Act of 1979 (commencing
at 49 U.S.C. Section 2101) and twenty percent (20%) funding from the City
and County of San Francisco in its capacity as owner of San Francisco
International Airport (hereinafter "SFO");
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT:
1. In consideration of the covenants and conditions expressed in this
Agreement, City agrees to allow owner to participate in the Noise Insula-
tion Program by receiving eighty percent (80%) funding from the United
States Government and twenty percent (20%) funding from the City and County
of San Francisco of improvements to the structure(s) located on the Property,
which improvements are to be accomplished in accordance with plans and speci-
fications developed by the City subject to review by the Owner and approval
of the Federal Aviation Administration (hereinafter the "Plans and Specifi-
cations'').
2. The improvements set forth in the Plans and Specifications shall
be installed by an independent contractor selected by City exercising its
sole discretion. Said Contractor shall be solely responsible for its
actions, and nothing in this Agreement shall be construed to create the
relationship of agent, servant, employee, partnership, joint venture or assoc-
iation, or any other relationship whatsoever other than that of independent
contractor between City and the Contractor.
3. City in no way warrants that the improvements offered pursuant to
this agreement will effectively reduce noise within the structure(s) located
on the Property, and the Owner agrees that it will hold City harmless from
any and all damages, claims or causes of action of any kind associated with
or arising out of the work contemplated in this agreement. The City makes
no other warranties express or implied, with respect to the work to be
accomplished, the product(s) to be installed or the design of the improve-
ments; this exclusion includes, but is not limited to, warranties of fitness
for a particular purpose or use and warranties of merchantibility.
-2-
4. Owner shall indemnify, hold harmless and defend City, its employees,
agents, officers, boards and commissions whether denied or approved, from and
against all claims, demands, actions, causes of action, losses, damages, lia-
bilities, costs and expenses including, but not limited to, reasonable attor-
neys fees or obligations, for or in connection with personal injury (including,
but not limited to, death) and property damage which arises out of or is in any
way connected with the negligent act, error or omission of Owner, including, but
not limited to, dangerous condition(s) of the Property. Section 2778 of the
Civil Code shall apply to Owner's obligation to defend pursuant to this
paragraph.
5. It is further agreed as follows'
(a) Owner will allow the construction work on the project to be in-
spected and approved as may reasonably be requested by City or by the Secretary
of Transportation of the United States of America (hereinafter the "Secretary")
during the construction or installation of the noise compatibility measures and
for a period of one (1) year after the completion of the measures.
(b) Owner shall assume the complete responsibility for maintenance
and operation of the items installed, purchased, or constructed pursuant to
this agreement; and
(c) Owner's right to sue the owner of the San Francisco Inter-
national Airport for adverse noise impact will be abrogated if the Owner
deliberately or willfully acts to reduce or destroy the effectiveness of the
noise mitigation measures during the useful life of such measures; and
-3-
(d) Unless otherwise stated herein, the obligations listed in this
Paragraph 5 shall remain in effect throughout the useful life of the noise
compatibility measures, but not to exceed twenty (20) years from the date of
the City's acceptance of Federal aid for the project.
(e) By executing this Agreement, Owner guarantees access to the
Property for the City, its officers, agents, employees, contractors and
consultants for purposes of planning, estimating, construction and monitor-
ing of the improvements. Owner further agrees to be present at all times
when access is being provided if reasonable advance notice is provided,
In granting the access referred to herein, the Owner recognizes that there
will inevitably be some disruption and inconvenience associated with the
estimating, planning, construction and subsequent monitoring of the improve-
ments within one (1) year after completion of the work and hereby specifically
waives any right it may have to deny the access provided for herein; and any
subsequent claims or causes of action arising out of the use of said access
not already specifically waived elsewhere in this agreement.
6. In consideration of the funding of the improvements to the Property
set forth above, the Owner specifically agrees that the obligations of the Owner
hereunder shall be covenants running with the land and shall be binding upon
the Owner's heirs, assigns and successors in interest of any description,
Owner further agrees that a copy of this Agreement shall be recorded in the
Office of the Recorder of the County of San Mateo within thirty (30) days of
its execution by Owner and City.
7. Owner hereby assigns to City all right, title and interest Owner has in
receiving the funding from the City and County of San Francisco as described in
Paragraph i above and expressly authorizes City to collect said funds from the
City and County of San Francisco on Owner's behalf and to expend such funds
-4-
in such amounts and in such a manner as City, in its sole discretion, deems
necessary to carry out the Noise Insulation Program.
8. Notices'
All notices herein required shall be in writing, and delivered in
person or sent by certified mail, postage prepaid. Notices required to be
given to the City shall be addresed as follows'
Director of Public Services
City Hall, P,O. Box 711
South San Francisco, CA 94083
Notices required to be given to Owner shall be addressed as follows'
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
this day of' · , 19 .
OWNER
NOTARIZATION
NOTARIZATION
CITY OF SOUTH SAN FRANCISCO
ATTEST:
City Clerk
By:
City Manager
-5-
EXHIBIT "2"
TO P~F$0LUT!0N NO.
172-84
AGREEMENT FOR INSTALLATION OF IMPROVEMENTS
TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A
PRIVATELY OWNED STRUCTURE
(LOCAL SHARE OF FUNDING SECURED BY OWNER)
This Agreement is entered into this ....... day of ............. , 19'. ·
by and between the City of South San Francisco, a municipal corporation
organized and existing under the laws of the State of California (herein-
after "City") and
(hereinafter "Owner").
WHEREAS, Owner is the owner of that certain real property located at
and more particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein as though set forth verbatim (hereinafter
the "Property"); and
WHEREAS, Owner has been offered the opportunity to participate in a
publicly funded program which is intended to cause changes to be made to
the Property resulting in the attenuation of aircraft noise imposing on
the interior of the structure(s) located on the Property (hereinafter "Noise
Insulation Program"); and
WHEREAS, the funding source for said Noise Insulation Program will' in-
clude eighty percent (80%) funding from the United States Government pur-
suant to the Aviation Safety and Noise Abatement Act of 1979 (commencing
at 49 U.S.C. Section 2101) and twenty percent (20%) funding to be obtained
by owner from any source selected by owner;
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT:
i In consideration of the covenants and conditions expressed in this
Agreement, City agrees to allow owner to participate in the Noise Insula-
tion Program by receiving eighty percent (80%) funding from the United
States Government of improvements to the structurels) located on the Property,
which improvements are to be accomplished in accordance with plans and speci-
fications developed by the City subject to review by the Owner and approval
of the Federal Aviation Administration (hereinafter the "Plans and Specifi-
cations'').
2. The improvements set forth in the Plans and Specifications shall
be installed by an independent contractor selected by City exercising its
sole discretion. Said Contractor shall be solely responsible for its
actions, and nothing in this Agreement shall be construed to create the
relationship of agent, servant, employee, partnership, joint venture or assoc-
iation, or any other relationship whatsoever other than that of independent
contractor between City and the Contractor.
3. City in no way warrants that the improvements offered pursuant to
this agreement will effectively reduce noise within the structurels) located
on the Property, and the Owner agrees that it will hold City harmless from
any and all damages, claims or causes of action of any kind associated with
or arising out of the work contemplated in this agreement. The City makes
no other warranties express or implied, with respect to the work to be
accomplished, the product(s) to be installed or the design of the improve-
ments; this exclusion includes, but is not limited to, warranties of fitness
for a particular purpose or use and warranties of merchantibility.
-2-
4. Owner shall indemnify, hold harmless and defend City, its employees,
agents, officers, boards and commissions whether denied or approved, from and
against all claims, demands, actions, causes of action, losses, damages, lia-
bilities, costs and expenses including, but not limited to, reasonable attor-
neys fees or obligations, for or in connection with personal injury l including,
but not limited to, death) and property damage which arises out of or is in any
way connected with the negligent act, error or omission of Owner, including, but
not limited to, dangerous condition(s) of the Property. Section 2778 of the
Civil Code shall apply to Owner's obligation to defend pursuant to this
paragraph.
5. It is further agreed as follows.
(a) Owner will allow the construction work on the project to be in-
spected and approved as may reasonably be requested by City or by the Secretary
of Transportation of the United States of America (hereinafter the "Secretary")
during the construction or installation of the noise compatibility measures and
for a period of one (1) year after the completion of the measures.
(b) Owner shall assume the complete responsibility for maintenance
and operation of the items installed, purchased, or constructed pursuant to
this agreement; and
(c) Owner's right to sue the owner of the San Francisco Inter-
national Airport for adverse noise impact will be abrogated if the Owner
deliberately or willfully acts to reduce or destroy the effectiveness of the
noise mitigation measures during the useful life of such measures; and
-3-
(d) Unless otherwise stated herein, the obligations listed in this
Paragraph 5 shall remain in effect throughout the useful life of the noise
compatibility measures, but not to exceed twenty (20) years from the date of
the City's acceptance of Federal aid for the project.
(e) By executing this Agreement, Owner guarantees access to the
Property for the City, its officers, agents, employees, contractors and
consultants for purposes of planning, estimating, construction and monitor-
ing of the improvements. Owner further agrees to be present at all times
when access is being provided if reasonable advance notice is provided.
In granting the access referred to herein, the Owner recognizes that there
will inevitably be some disruption and inconvenience associated with the
estimating, planning, construction and subsequent monitoring of the improve-
ments within one (1) year after completion of the work and hereby specifically
waives any right it may have to deny the access provided for herein; and any
subsequent claims or causes of action arising out of the use of said access
not already specifically waived elsewhere in this agreement.
(f) In order for owner to participate in the Noise Insulation Program,
owner must, prior to City's award of a contract to perform the work, deposit
with City an amount equal to twenty percent (20%) of the total estimated cost
of the work as determined by the Deputy City Manager/City Engineer, Technical
and Maintenance Services of the City.
6. In consideration of the funding of the improvements to the Property
set forth above, the Owner specifically agrees that the obligations of the Owner
hereunder shall be covenants running with the land and shall be binding upon
the Owner's heirs, assigns and successors in interest of any description.
Owner further agrees that a copy of this Agreement shall be recorded in the
Office of the Recorder of the County of San Mateo within thirty (30) days of
its execution by Owner and City.
-4-
8, Notices.
All notices herein required shall be in writing, and delivered in
person or sent by certified mail, postage prepaid. Notices required to be
given to the City shall be addresed as follows-
Director of Public Services
City Hall, P,O. Box 711
South San Francisco, CA 94083
Notices required to be given to Owner shall be addressed as follows:
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
this ~ day of , 19 .
OWNER
NOTARIZATION
NOTARIZATION
CITY OF SOUTH SAN FRANCISCO
ATTEST:
· ,
City Clerk
By ° ·
City Manager
-5-
EXHIBli "3"
TO RESOLUTION NO.
172-84
AGREEMENT FOR INSTALLATION OF IMPROVEMENTS
TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A
STRUCTURE OWNED BY A UNIT OF LOCAL GOVERNMENT
(LOCAL FUNDING SECURED BY OWNER)'
This Agreement is entered into this day of ~ , 19
by and between the City of South San Francisco, a municipal corporation organ-
ized and existing under the laws of the State of California (hereinafter
"City" ) and
(hereinafter "Owner").
WHEREAS, Owner is the owner of that certain real property located at
and more particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein as though set forth verbatim (hereinafter the
"Property"); and
WHEREAS, Owner has been offered the opportunity to participate in a
publicly funded program which is intended to cause changes to be made to the
Property resulting in the attenuation of aircraft noise imposing on the
interior of the structure(s) located on the Property (hereinafter "Noise
Insulation Program"); and
WHEREAS, the funding source for said Noise Insulation Program will include
eighty percent (80%) funding from the United States Government pursuant to the
Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Sec-
tion 2101) and twenty percent (20%) funding to be obtained by owner from
any source selected by owner;
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT:
1. In consideration of the covenants and conditions expressed in this
Agreement, City agrees to allow owner to participate in the Noise Insula-
tion Program by receiving eighty percent 180%) funding from the United
States Government of improvements to the structurels) located on the Property,
which improvements are to be accomplished in accordance with the plans and
specifications developed by the City subject to review by the owner and approval
of the Federal Aviation Administration (hereinafter the "Plans and Specifica-
tions'').
2. The improvements set forth in the Plans and Specifications shall be
installed by an independent contractor selected by City exercising its sole
discretion. Said Contractor shall be solely responsible for its actions, and
nothing in this Agreement shall be construed to create the relation-
ship of agent, servant, employee, partnership, joint venture or association,
or any other relationship whatsoever other than that of independent contractor
between City and the Contractor.
3. City in no way warrants that the improvements offered pursuant to this
agreement will effectively reduce noise within the structurels) located on
the Property, and the Owner agrees that it will hold City harmless from any
and all damages, claims or causes of action of any kind associated with or
arising out of the work contemplated in this agreement. The City makes
no other warranties express or implied, with respect to the work to be
accomplished, the productls) to be installed or the design of the improvements;
this exclusion includes, but is not limited to, warranties of fitness for a
particular purpose or use and warranties of merchantibility,
4. Owner shall indemnify, hold harmless and defend City, actions, causes
of action, losses, damages, liabilities, costs and expenses including, but not
-2=
limited to, reasonable attorneys fees or obligations, for or in connection
with personal injury (including death) and property damage which arises out of
or is in any way connected with the negligent act, error or omission of Owner,
including, but not limited to, dangerous condition(s) of the Property. Section
2778 of the Civil Code shall apply to Owner's obl. igation to defend pursuant
to this paragraph.
5. It is further agreed as follows'
(a) Owner will allow the construction work on the project to be in-
spected and approved as may reasonably be requested by City or by the Secretary
of Transportation of the United States of America {hereinafter the "Secretary")
during the construction or installation of the noise compatibility measures and
for a period of one (1) year after the completion of the measures.
(b) Owner shall assume the responsibility for maintenance and opera-
tion of the items installed, purchased, or constructed pursuant to this agree-
ment; and
(c) Owner's right to sue the owner of the San Francisco International
Airport for adverse noise impact will be abrogated if the Owner deliberately or
willfully acts to reduce or destroy the effectiveness of the noise mitigation
measures during the useful life of such measures; and
(d) Unless otherwise stated herein, the obligations listed in this
Paragraph 5 shall remain in effect throughout the useful life of the noise
compatibility measures, but not to exceed twenty {20) years from the date of
the City's acceptance of Federal aid for the project.
(e) By executing this Agreement, Owner guarantees access to the Prop-
erty for the City, its officers, agents, employees, contractors and consul-
tants for purposes of planning, estimating, construction and monitoring of the
improvements. Owner further agrees to be present at all times when access
is being provided if reasonable advance notice is provided. In granting the
-3-
· access referred to herein, the Owner recognizes that there will inevitably be
some disruption and inconvenience associated with the estimating, planning,
construction and subsequent monitoring of the improvements within one (1) year
after completion of the work and hereby specifically waives any right it may
have to deny the access provided for herein and any subsequent claims or causes
of action arising out of the use of said access not already specifically waived
elsewhere in this agreement; and
(f) City and owner will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines and requirements as they
relate to the application, acceptance and use of Federal funds for this project
including but not limited to the following:
Federal Legislation
1. Federal Aviation Act of 1958
2. Hatch Act
3. Federal Fair Labor Standards Act
4. Davis-Bacon Act
5. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - Titles II and III
6. National Historic Preservation Act of 1966 - Section 106
7. Archeological and Historic Preservation Act of 1966
8. Flood Disaster Protection Act of 1973 - Section 102(a)
9. Rehabilitation Act of 1973 - Section 504, Section 503
10. Civil Rights Act of 1964 - Title VI
11, Aviation Safety and Noise Abatement Act of 1979
12. Age Discrimination Act of 1975
13. Architectural Barriers Act of 1968
14. Vietnam Era Veterans' Readjustment Assistance Act of
1974 - Section 402
15. Airport and Airway Improvement Act of 1982
16. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 1/
-4-
Federal Regulations
1. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs
of the Department of Transportation - Effectuation of Title VI
of the Civil Rights Act of 1964.
2. 49 CFR Part 23 - Participation by Minority Business Enterprise
in Department of Transportation Programs.
3. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefitting from Federal
Financial Assistance.
4. 41 CFR Part 60 - Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor (Federal and
Federally-assisted Contracting Requirements, Including those
Relating to Disabled Veterans and Veterans of the Vietnam Era
and Handicapped Workers).
5. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
1. A-87 - Cost Principles Applicable to grants and contracts with
State and Local Governments.
2. A-95 - Evaluation, Review and Coordination of Federal and Federally
Assisted Programs and Projects.
3. A-102 - Uniform Requirements for Assistance to State and Local
Governments.
Specific assurances to be included in agreements by any of the above
are incorporated by reference in this Agreement; and
(g) Owner has sufficient funds available to assure operation and
maintenance of items funded under this grant agreement; and
(h) Owner will suitably operate and maintain noise compatibility program
items that it owns or controls upon which Federal funds have been expended; and
(i) Owner will protect the aerial approaches to the airport by prevent-
ing the establishment or creation of future airport hazards on property owned
or controlled by it or over which it has land use jurisdiction; and
-5-
(j) Owner will take appropriate action to the extent reasonable, in-
cluding the adoption of zoning laws if legally possible, to restrict the use
of land adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including landing and
takeoff of aircraft, In addition, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce the compatibility, with
respect to the airport, of the noise compatibility program measures upon which
Federal funds have been expended; and
(k) Owner will comply with such rules as are promulgated to assure that
no person shall, on the grounds of race, creed, color, national origin, sex, age,
or handicap be excluded from participating in any activity conducted with or
benefitting from funds received from this grant.
(1) In order for owner to participate in the Noise Insulation Program,
owner must, prior to City's award of a contract to perform the work, deposit
with City an amount equal to twenty percent (20%) of the total estimated cost
of the work as determined by the Deputy City Manager/City Engineer, Technical
and Maintenance Services of the City.
6. In consideration of the funding of the improvements to the Property
set forth above, the Owner specifically agrees that the obligations of the Owner
hereunder shall be covenants running with the land and shall be binding upon
the Owner's heirs, assigns and successors in interest of any description.
Owner further agrees that a copy of this Agreement shall be recorded in the
Office of the Recorder of the County of San Mateo within thirty (30) days of
its execution by Owner and City.
-6-
18. Notices'
All notices herein required shall be in writing, and delivered in
person or sent by certified mail, postage prepaid. Notices required to be
given to the City shall be addresed as follows:
Director of Public Services
City Hall, P,O. Box 711
South San Francisco, CA 94083
Notices required to be given to Owner shall be addressed as follows:
this
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
day of , 19' .
OWNER
NOTARIZATION
NOTARIZATION
CITY OF SOUTH SAN FRANCISCO
ATTEST:
City Clerk
By:
City Manager
~XHIBIT "4"
RFSOL~TION NO.
172-84
AGREEMENT FOR INSTALLATION OF IMPROVEMENTS
TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A
STRUCTURE OWNED BY A UNIT OF LOCAL GOVERNMENT
(TWENTY PERCENT (20%) LOCAL FUNDING PROVIDED
'' BY SAN FRANCISCO)
This Agreement is entered into this day of , 19
by and between the City of South San Francisco, a municipal corporation organ-
ized and existing under the laws of the State of California
(hereinafter
"City") and
(hereinafter "Owner").
WHEREAS, Owner is the owner of that certain real property located at
and more particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein as though set forth verbatim (hereinafter the
"Property"); and
WHEREAS, Owner has been offered the opportunity to participate in a
publicly funded program which is intended to cause changes to be made to the
Property resulting in the attenuation of aircraft noise imposing on the
interior of the structure(s) located on the Property (hereinafter "Noise
Insulation Program"); and
WHEREAS, the funding source for said Noise Insulation Program will include
eighty percent (80%) funding from the United States Government pursuant to the
Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Sec-
tion 2101) and twenty percent (20%) funding from the City and County of San
Francisco in its capacity as owner of San Francisco International Airport
(hereinafter "SFO");
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT:
1. In consideration of the covenants and conditions expressed in this
Agreement, City agrees to allow owner to participate in the Noise Insula-
tion Program by receiving eighty percent (80%) funding from the United
States Government and twenty percent (20%) funding from the City and County of
San Francisco of improvements to the structurels) located on the Property,
which improvements are to be accomplished in accordance with the plans and
specifications developed by the City subject to review by the owner and approval
of the Federal Aviation Administration (hereinafter the "Plans and Specifica-
tions'').
2. The improvements set forth in the Plans and Specifications shall be
installed by an independent contractor selected by City exercising its sole
discretion. Said Contractor shall be solely responsible for its actions, and
nothing in this Agreement shall be construed to create the relation-
ship of agent, servant, employee, partnership, joint venture or association,
or any other relationship whatsoever other than that of independent contractor
between City and the Contractor.
3. City in no way warrants that the improvements offered pursuant to this
agreement will effectively reduce noise within the structure(s) located on
the Property, and the Owner agrees that it will hold City harmless from any
and all damages, claims or causes of action of any kind associated with or
arising out of the work contemplated in this agreement. The City makes
no other warranties express or implied, with respect to the work to be
accomplished, the product(s) to be installed or the design of the improvements;
this exclusion includes, but is not limited to, warranties of fitness for a
particular purpose or use and warranties of merchantibility.
4~ Owner shall indemnify, hold harmless and defend City, actions, causes
of action, losses, damages, liabilities, costs and expenses including, but not
-2-
limited to, reasonable attorneys fees or obligations, for or in connection
with personal injury (including death) and property damage which arises out of
or is in any way connected with the negligent act, error or omission of Owner,
including, but not limited to, dangerous condition{s) of the Property. Section
2778 of the Civil Code shall apply to Owner's obligation to defend pursuant
to this paragraph.
5. It is further agreed as follows:
(a) Owner will allow the construction work on the project to be in-
spected and approved as may reasonably be requested by City or by the Secretary
of Transportation of the United States of America (hereinafter the "Secretary")
during the construction or installation of the noise compatibility measures and
for a period of one (1) year after the completion of the measures.
(b) Owner shall assume the responsibility for maintenance and opera-
tion of the items installed, purchased, or constructed pursuant to this agree-
ment; and
{c) Owner's right to sue the owner of the San Francisco International
Airport for adverse noise impact will be abrogated if the Owner deliberately or
willfully acts to reduce or destroy the effectiveness of the noise mitigation
measures during the useful life of such measures; and
(d) Unless otherwise stated herein, the obligations listed in this
Paragraph 5 shall remain in effect throughout the useful life of the noise
compatibility measures, but not to exceed twenty (20) years from the date of
the City's acceptance of Federal aid for the project.
{e) By executing this Agreement, Owner guarantees access to the Prop-
erty for the City, its officers, agents, employees, contractors and consul-
tants for purposes of planning, estimating, construction and monitoring of the
improvements. Owner further agrees to be present at all times when access
is being provided if reasonable advance notice is provided. In granting the
=3-
access referred to herein, the Owner recognizes that there will inevitably be
some disruption and inconvenience associated with the estimating, planning,
construction and subsequent monitoring of the improvements within one (1) year
after completion of the work and hereby specifically waives any right it may
have to deny the access provided for herein and any subsequent claims or causes
of action arising out of the use of said access not already specifically waived
elsewhere in this agreement; and
(f) City and owner will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines and requirements as they
relate to the application, acceptance and use of Federal funds for this project
including but not limited to the following.
Federal Legislation
1. Federal Aviation Act of 1958
2. Hatch Act
3. Federal Fair Labor Standards Act
4. Davis-Bacon Act
5. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - Titles II and III
6. National Historic Preservation Act of 1966 - Section 106
7. Archeological and Historic Preservation Act of 1966
8. Flood Disaster Protection Act of 1973 - Section 102Ia)
9. Rehabilitation Act of 1973 - Section 504, Section 503
10. Civil Rights Act of 1964 - Title VI
11. Aviation Safety and Noise Abatement Act of 1979
12. Age Discrimination Act of 1975
13. Architectural Barriers Act of 1968
14. Vietnam Era Veterans' Readjustment Assistance Act of
1974 - Section 402
15. Airport and Airway Improvement Act of 1982
16. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 1/
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~ederal Regulations
1. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs
of the Department of Transportation - Effectuation of Title VI
of the Civil Rights Act of 1964.
2. 49 CFR Part 23 - Participation by Minority Business Enterprise
in Department of Transportation Programs.
3. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefitting from Federal
Financial Assistance.
4. 41 CFR Part 60 - Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor (Federal and
Federally-assisted Contracting Requirements, Including those
Relating to Disabled Veterans and Veterans of the Vietnam Era
and Handicapped Workers).
5. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
1. A-87 - Cost Principles Applicable to grants and contracts with
State and Local Governments.
2. A-95 - Evaluation, Review and Coordination of Federal and Federally
Assisted Programs and Projects.
3. A-102 - Uniform Requirements for Assistance to State and Local
Governments.
Specific assurances to be included in agreements by any of the above
are incorporated by reference in this Agreement; and
(g) Owner has sufficient funds available to assure operation and
maintenance of items funded under this grant agreement; and
(h) Owner will suitably operate and maintain noise compatibility program
items that it owns or controls upon which Federal funds have been expended; and
(i) Owner will protect the aerial approaches to the airport by prevent-
lng the establishment or creation of future airport hazards on property owned
or controlled by it or over which it has land use jurisdiction; and
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(j) Owner will take appropriate action to the extent reasonable, in-
cluding the adoption of zoning laws if legally possible, to restrict the use
of land adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including landing and
takeoff of aircraft, In addition, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce the compatibility, with
respect to the airport, of the noise compatibility program measures upon which
Federal funds have been expended; and
(k) Owner will comply with such rules as are promulgated to assure that
no person shall, on the grounds of race, creed, color, national origin, sex, age,
or handicap be excluded from participating in any activity conducted with or
benefitting from funds received from this grant.
6. In consideration of the funding of the improvements to the Property
set forth above, the Owner specifically agrees that the obligations of the Owner
hereunder shall be covenants running with the land and shall be binding upon
the Owner's heirs, assigns and successors in interest of any description.
Owner further agrees that a copy of this Agreement shall be recorded in the
Office of the Recorder of the County of San Mateo within thirty (30) days of
its execution by Owner and City.
7. Owner hereby assigns to City all right, title and interest Owner has in
receiving the funding from the City and County of San Francisco as described in
Paragraph 1 above and expressly authorizes City to collect said funds from the
City and County of San Francisco on Owner's behalf and to expend such funds
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~n such amounts and in such a manner as City, in its sole discretion, deems
necessary to carry out the Noise Insulation Program.
8. Notices:
All notices herein required shall be in writing, and delivered in
person or sent by certified mail, postage prepaid. Notices required to be
given to the City shall be addresed as follows'
Director of Public Services
City Hall, P,O. Box 711
South San Francisco, CA 94083
Notices required to be given to Owner shall be addressed as follows'
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
this day of ' , 19 .
OWNER
NOTARIZATION
NOTARIZATION
CITY OF SOUTH SAN FRANCISCO
ATTEST' ....
City Clerk
City Manager
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