 | Board of Visitors minutes October 16, 1933 |  |
PART ONE
1. Amount, use and purpose. Subject to the terms and conditions set forth below,
the Government will grant to the University an amount not to exceed 30 per centum of the
cost of the labor and materials employed upon the Project, (such amount being herein called
the "Grant"), but in no event to exceed in the aggregate $38,000.00. The University will
accept the Grant, and will construct the Project in accordance with plans and specifications
submitted to and approved by the Government, all pursuant to Title II of the Act, the rules
and regulations adopted by the Government, relative thereto, and the Constitution and
Statutes of the State of Virginia.
2. The Project. The Project (more fully described in the application of the University),
to aid in the financing of which the Grant will be made, is substantially as follows:
The construction of a building to house and display art treasures to public views
as set forth in the application of the University, such such minor alterations or modifications
thereof or additions thereto as may, from time to time, be approved by the Government
before or during the course of construction.
3. Preliminary Proceedings by The University. Promptly after receipt from the
Government of an unexecuted copy of this Agreement, the University will:
(a) Adopt a resolution approving this agreement, and authorizing and directing
the execution and delivery thereof by the officials designated to sign the same on
its behalf;(b) Send to the Government complete extracts from the minutes of the meetings
of the University's governing body, showing all proceedings taken incident to such
authorization, including a copy of said resolution, all duly certified, and three
signed copies of this Agreement;(c) Commence all necessary proceedings, if any, to authorize the construction
of the Project, and to obtain funds, which, together with the amount to be represented
by the Grant, will be sufficient to pay all the costs of constructing the
Project. Such costs shall include all costs of acquiring all necessary lands, easements,
franchises and rights-of-way necessary to the completion and operation of the
Project;(d) Apply for all necessary authorizations, permits, licenses and approvals
from Federal, State, county, municipal and other authorities for the construction
of the Project;(e) Submit to the Government plans, drawings, and specifications of the work
and materials called for by all contracts let, or proposed to be let; the latest
data as to the expected cost of the Project; a statement as to when and how it is
proposed to advertise for bids and to let contracts for work; forms of bids and
copies of the advertisements thereof if heretofore advertised, a statement as to
when it is proposed to acquire the necessary lands, easements, franchises, and
rights-of-way; and any other details or date that may be requested by the Government's
engineers.
4. Construction of Project. On or before the date of the execution by the Government
of this Agreement, the University may, and within such time thereafter, as shall be
satisfactory to the Government, the University will commence or cause to be commenced the
construction of the Project and will thereafter continue the same with all practicable dispatch,
in an efficient and economical manner, at a reasonable cost, and in accordance with
plans, drawings, specifications and construction contracts which shall be in form and substance
as approved by the Government, and in accordance with such engineering supervision
and inspection as the Government or its representatives may require. Except with the prior
written consent of the Government, no materials or equipment for the Project shall be purchased
by the University subject to any chattel mortgage or to any conditional sale or
title retention agreement.
5. Completion of Proceedings. As soon as practicable after the execution by the
Government of this Agreement, the University will complete all necessary proceedings and
procure all necessary authorizations, permits, licenses and approvals referred to in
Paragraph (3 (c) and (d) PART ONE, hereof, will obtain the necessary funds, which, together
with the amount to be represented by the Grant, will be sufficient to pay all costs of
constructing the Project; and, will acquire all lands, easements, franchises, and rights-of-way
necessary to the completion and operation of the Project.
6. First Requisition. After the University shall have complied with the requirements
of Paragraphs 3 and 5, PART ONE, hereof, and shall have actually expended not less
than fifty per centum of the estimated cost of constructing the Project, the University may,
at any time thereafter, file with the Government a requisition requesting the Government to
pay to the University, as provided in Paragraph 7, PART ONE, hereof, the first portion of
the Grant, such requisition to be accompanied by:
(a) One certified copy of each necessary authorization, permit, license and
approval from Federal, State, county, municipal and other authorities, for the
construction of the Project;(b) A signed and dated opinion of the Attorney General of the State of Virginia
to the effect that the University has complied with all the requirements of
Paragraph 5, PART ONE, hereof, and that all such proceedings are in accordance with
the Constitution and Statutes of the State of Virginia. Such opinion shall also
state that the University has lawfully acquired the funds, which, together with the
amount to be represented by the Grant, may be used lawfully to pay all costs of
constructing the Project;(c) A signed and dated certificate of the engineer or architect in responsible
charge of the construction of the Project, to the effect that the funds acquired,
as indicated in Paragraph 5, PART ONE, hereof, together with the amount to be represented
by the Grant, will be sufficient to pay all costs of constructing the Project,
and acquiring all lands, easements, franchises and rights-of-way necessary to completion
and operation of the Project. Such certificate shall show the actual
quantities of work completed to the date thereof, and shall include a detailed
statement of the amount of funds actually expended upon the Project, showing separately
the amount actually expended upon labor and materials;(d) A signed and dated no-litigation certificate of the duly qualified and
acting Attorney of the University;(e) A signed and dated financial certificate by the appropriate disbursing
officer of the University; and(f) A statement by each Bank in which have been deposited in the special account
or accounts referred to in Paragraph 2, PART THREE, hereof, the funds for
the construction of the Project, showing the balance then remaining in each such
special account.
The requisition and each of the documents accompanying same shall be in form and substance
satisfactory to the Government, and, except for those described in Paragraph 6 (a),
PART ONE, hereof, shall be dated the same date.
7. First payment. If such requisition and documents accompanying the same are
satisfactory to the Government, then, within a reasonable time after their receipt by the
Government, (but not earlier than ten (10) days after the receipt thereof, unless the
Government shall waive such time limit) and subject to the terms and conditions of this
Agreement, the Government will pay to the University an amount equal to twenty-five per
centum of the funds actually expended by the University for labor performed and for
materials employed and to be employed upon the Project, as, in the opinion of the Government,
is shown by such requisition and appropriate accompanying documents. Such payment
will be made at the Federal Reserve Bank of Richmond, Richmond, Virginia, or at such other
place or places as the Government may designate, against delivery by University of its
receipt therefor.
8. Intermediate Requisitions and Payments. From time to time after such first
payment, but not more often than once in 30 days (unless otherwise satisfactory to the
Government) the University may file requisitions with the Government, requesting the
by documents corresponding to those described in Paragraph 6 (b), (d), (e) and (f), PART
ONE, hereof, and an engineer's certificate corresponding to that described in Paragraph
6 (c), PART ONE, hereof, in cumulative form showing, in detail, among other things, (a)
the quantities of work actually completed during the period to the date of the first
requisition, (b) the quantities of work actually completed during each of the periods
between all respective requisitions, (c) the amount of funds actually expended upon the
Project during each such period, and (d) the amount of funds actually expended upon labor
and materials during each such period. If such requisition and the documents accompanying
the same are satisfactory to the Government, then, subject to the terms and conditions of
this Agreement, payment on account of the Grant will be made in the same manner, upon the
same basis and against delivery of a receipt as provided in Paragraph 7, PART ONE, hereof
Provided, that, except as indicated in Paragraph 9, PART ONE, hereof, this Paragraph shall
not apply to the final requisition and payment.
9. Final Requisition and Payment. When the Project has been completed and all
costs in connection therewith have been paid, and the University has accepted the same,
then the University may file the final requisition with the Government, requesting the
Government for the final portion of the Grant, such requisition to be accompanied by
documents corresponding to those described in Paragraph 6 (b), (d), (e) and (f), PART ONE,
hereof, and an engineer's certificate corresponding to that described in Paragraph 8, PART
ONE, hereof, which certificate shall also certify to the completion of the Project in
accordance with the plans and specifications therefor and to the full and actual payment
of all costs in connection therewith, and shall be approved by the Government Engineer.
(The term "Government Engineer" as used herein shall mean the State Engineer (P.W.A.) or
his duly authorized representative, or any person to whom his duties or functions may be
transferred by the Federal Emergency Administration of Public Works, or its successors).
If such requisition and the documents accompanying the same are satisfactory to the
Government, then, subject to the terms and conditions of this Agreement, the Government
will pay to the University the sum of money, which, together with all payments theretofore
made, shall not exceed thirty per centum of all funds actually expended by the University
for labor and materials employed upon the Project, but in no event to exceed, together
with all previous payments, in the aggregate, the sum of $38,000.00. Such final payment
shall be made in the same manner and against delivery of a receipt as provided in Paragraph
7, PART ONE, hereof.
| Board of Visitors minutes October 16, 1933 | |