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
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92-365
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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
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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