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HomeMy WebLinkAbout1992-07-27 92-365 ORDERCOUNCIL ACTION 92-365 Item No. Date duly 27. 1992 Item/Subject, Authorizing Execution of FAA Grant Agreement, Taxiway Sign at NIA (Project No. 3-23-005-12) Responsible Department: Legal This item would authorise the City manager to execute a grant agreement with the Federal Aviation Administration accepting funds for the current taxiway guidance sign systema upgrade project at EIA. The FAA has approved this project under the Airport Improve- ments Program, with a recommendation that the City award the contract to the low bidder, ELCO Electric, for $155,227.00 once the grant has been executed. The amount of the Grant Offer is $195,235.00. V'W Department mead City manager Associated information: Order, Grant Agreement, Letter to Bob E. Budget Approval, finance Director e; i city Solicitor Introduced For C&"ao{- x Passage First Reading Referral Page 1 of 92-365 Aeeipied b Cmmcdor Sax1, ]oly 27, 1992 CITY OF BANGOR (riIIE.)(Drberx...... _._..Authorizing.Execution _of_ FAA. Grant Agreement;.......... Taxiway Sign at Bangor International Airport (Project No. 3-23-0005 -12/Contract No. FA -NE -92-40) By Nm City Caaaet! 4itde C(g4Bap o ORDERED,' TEAT Edward A. Barrett, City manager, is hereby authorized to execute Part 1 of a FAA Grant Offer (Contract No. FA -NE -92-40), a copy of which is on file in the City Clerk's Office. Said Grant Agreement is in the amount of $195,235.00 for the Upgrade Taxiway Guidance Sign Project under Airport Improvement Program (AIP) Project No. 3-23-0005-12. 92-365 ORDER In City CO it Suly 27.1992 Title, Pa662d AuMOYSIieg UeOuti On Of FAA GIant Agxeement Taxiway Sign at Bangmr Inte[wtio�l ni:@d:f tPldjai •� 3-23-0005-12/ ontiact No. FA -t 92-40) Ci Y Cleik.................................:.... Q-`P"� �M^ Amigned v ) COWICiL0311 a 92-365 rawu.eh M MngxGaW'[I '' fiH.n p, 6 MB03 FedeN Afifi AAviistreYsn July 7, 1992 Mr. Bob Ziegelaar Airport Director Bangor International Airport 287 Godfrey Boulevard Bangor, Maine 04401 Bear Mr. Ziegelaar: The Federal Aviation Administration (FAA(, has reviewed the bid summary and analysis for the Upgrade Taxiway Guidance Sign Project (AID 3-23-0005-12). Based on the correspondence submitted and your certification that the low bidder ELCO Electric, has met the minimum requirements of the grant{ we recommend award of rthe contract to the low bidder for $155,227.00. We advise you to wait on awarding the contract until the FAA grant has been fully executed. If you have any questions concerning these matters, please feel free to contact Bob Siris at (617) 273-7058. Sincerely, Bradley A. Davis Manager, Engineering S Safety Branch cc: Carl Tortoises, Boyle, Tanner, 6 Associates, Inc. Bob Bellew, Maine Department of Transportation 92-365 US Ospeaent Naa'figmd Psyn :M"'F'Y'd btaN.e RM of Trampoeasan DRNW, aLsativsNM oma0 Feded Avestan Admistraton GRANT AGREEMENT Part 1 - Offer Date of Offer: July B, 1992 Bangor International Airport Project No.: 3-23-0005-12 Contract No. PA -NE -92-40 TO: City of Bangor, Maine (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to she FAA a Project Application dated July 2, 1992, for a grant of Federal funds for a project at or associated with the Bangor International Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof: and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Upgrade Taxiway Guidance Sign Systems all as more particularly shown in the plans and specifications approved by the Manager, Engineering and Safety Branch, Airports Division, by letter dated June 19, 1992, incorporated herein by reference. FAA Fear 510037 (1089) Page 1 92-365 HON THEREFORE, pursuant to and for the purpose of carrying out the provision, of the Airport and Airway lmprovement Act of 1982, as mended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," cellar the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representation, and assurances ontained in said Project Application and acceptance of this Offer as hereinafter provided, and (b) the benefits t o the United States and the public from thea msplishment of the Project and compliance with the assurance, and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR RED ON HEHAIF OF THE UNITED STATES, HEREBY OFFERS AND ACUSES to pay, a the United Scares share of the allowable coat, incurred in accomplishing the Project, 90 percent of such costs. The Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $195,235.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512 (b) of the Act, the following amounts are being specified for this purpose. $00.00 for planning $195,235.00 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant a and in a dance ance with the provisions of ouch regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and is accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been Accepted by the sponsor on or before August 10, 1992, or such subsequent dace as may beprescribed in writing by the FAA. 92-365 ]. no sponsor shall take all steps, including litigation 1£ necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust Statutes, or misused in any other counts in any project upon which Federal funds have been expanded. For the purposes of this grant agreement, the term "Federal funds" means s funds however used r disbursed by the sponsor that w originally paid pursuant t this any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, t the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts, taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. g. The United States shall not be responsible or liable for damage to property or injury o persons which may arise from, or be incident to, compliance with this grant agreement. 9. Buy American Requiremeat: Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor subcontractor to acquire any steel o manufactured products produced outside theUnited States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a precision implementing this special condition. PAA Form 51M-3](10.89) Page 92-365 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application in orporacad herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,,castrating the contractual obligat i n and rights of the United States and the Sponsor with respect to theaccomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shell be effective upon theSponsor's Acceptance of this Offer. UNITED STATES OF AMERICA FEDERRIb AVVIIATION ADMINISTRATION Title: Managdir' ng safety Branch Airports Division, New England Region Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, cants, and agreements contained sinthe Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of 19_ City of Bangor, Maine Sy (SEAL) Title: Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the lav of the State of Maine. Further, Ihav examined the foregoing Grant Agreement and the actions tehan by said Sponsor and Sponso's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried a n property n owr ed by the Sponsor, there a no legal impediments that will prevent full performance by the Sponsor. Further, itis my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the farms thereof. Dated at this day of , 19 Signature of Sponsor's Anomcy PAA Form 5100-3] (1189) rapt 4