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HomeMy WebLinkAbout1972-04-10 139-Z ORDER10, Introduced by Councilor Ealaacci, Aped lo, 1913 CITY OF BANGOR (TITLE.) (Jorbrr, Autho 1 ing City Manager to Sign Agreement Overlay Project No. 71-1-8-23-0005-01-72 -- Taxiway .......... ............ .... . ....... ....:. ............... ___. ......... By City Comm! of Ue City ofBamar. ORDERED, THAT That the City Manager be, and is hereby, authorized to sign the attached Grant Agreement with the Federal Aviation Administration relative to "Overlay for strengthening and mark portions of taxiway parallel to Runway 15-33, adjust transverse slope on adjacent shoulders:' 139-2 IN CITY COUNCIL D R I E R April 10, 1902 Pn55® Title, y00, - CITY CLERK „A,utM1. Overlcy Project No. 71-1-8-23- 0005-01-72 - TaXiWaY Inc:ro&ced and filed by Councilmen Page 1 of f pages OEPARFMENT OF TRANSPORT.1TICN FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 11Offer Data Of Offer 4-4.72 Bangor International Airport Project No. 71-1-8-23-0005-01-72 Contract NO. FA -M-23 TO:ty of Bangor, state f Maine &rein referred to as the `Sponsor') FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Appplication dated 2 March 1992* for a grant of Fe Bad funds for a project for develcp. then"Ai the Bangor International Airport (herein called the "Airport"), together with plans and specifications for such project, ehich Project Application, as approved by We FAA is hereby incorporated heroin and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following described airport development: Overlay for strengthening and mark portions of taxiway parallel to Runway 15.33, adjust transverse elope on adjacent shoulders, All as e particularly Shown on the plane and specifications approved by Chief, Engineering Branch, FAA, NE Union, under letter dated 24 February 1972, and in the Exhibit 'Aa property plan attached to the Project Application, all of which is hereby incorporated herein and made a pert hereof. *As Amended by letter dated 30 March 1972 Ri Page 2 of J ragas NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Spassen's adoption and ratification of the representations and assurances contained in said. Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD, MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishvg the Project, 50 percent of such costa. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $107,360 2. The Sponsor shall: ,a) begin accomplishment of the Project within Thirty days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constitu ting just cause for termination of the obligations of the United States hereunder by the FAA; -b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.45- 152.55 of the Regulations of the Federal Aviation Administration (14 CPR 152)in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations" .c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to ie ineligible for consideration as to allowability under Section 152.41 (b) of the Regula. ions. 4. 'ayment of the United States share of the allowable project costs will be made pursuant o and in accordance with the provisions of Sections 152.57 - 152.63 of the Regulations. �mml determination as to the allowability of the costs of the project will be made a- the fire of the final grant payment pursuant to Section 152.63 of the Regulations: Provided, .hat, in the event a semi two[ grant payment is made pursuant to Section 152.63 0: the Regulations, must determination as to the allowability of those costs to which such -am]- trial payment relates will be made at the time of such remi-final payment. Page 3 of 7 pages S. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica tion incorporated herein and specifically c ants and agrees, in accordance with its Assurance 4 i Part 111 of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or fact][ ties thereon will discriminate against any person or class of persons by reason of tau, color, creed lir national origin In the use of any of the facilities provided for the public on the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire Tied 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 30 April 1972 or such subsequent date as may be prescribed in writing by the FAA. S. The grantee covenants B and agrees that it will provide n the airport, without cost, adequate Used other space satisfactory to the FAA for the purpose of parking all official FAA vehicles including privately weed vehicles whenused an FAA businessnecessary for the maintetwncs and operation of FAAtechnical facilities, (air navigation, general aviation district office facilities and air traffic control facilities), together with sufficient Used or space for office parking at all FAA technical facilities off the airport, which are used directly in the operation of the airport. 9. It Is mutually understood and agreed that the description of the pro- posed project as set forth at Page 1, Part I of the Project Application shall be amended to conform with the description of approved project development set forth at Page 1 of this Grant Agreement. LII. It i actually understood and agreed that representation in paragraph 7(a)9 Page 3 of the Project Application she 11 be amended to read: 'Parcel 1 - Pee Simple as acquired by the City of Bangor, Raine from the United States of America under Literatures dated December 18, 1968 and April 28, 1969." 11. The Federal Government does not anow plan or contemplate the construction of any structure assessment to paragraph 11 of Part IIlr- Sponsor's Assur- ances ss r - o£ the Project Application - dated March 2, 1972, and therefore it is understood and agreed that the sponsor is under n obligation to fo resish any such areas or rights preferthis Grant Agreement. 12. The sponsor hereby agrees that it will incorporate or cause to be incor- porated into any contract for construction work, or modification thereof, s defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, whidt is paid for in whole or n part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government Page 4 of 7 pages pursuant to a grant, contract, loan insurance, or guarantee, or under- taken pursuant to any Federal program involving such grant, contract, loan insurance, or guarantee the following equal opportunity clause. Wring the .performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee cr applicant for ample yeas nt because of r color, religion sex or rational origin. The contractor will take affirms five action to insure that applicants are employed, and the em- ployees a treated during employment without regard to their [alarr na natiol origin. Such action shall include, but not be limited to the. following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of comment - ration; and selection for training, including apprenticesbip. The contractor agrees o poet in conspicuous places, available to employees and applicants for employment, notices to be Fro- vided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sea or national origin. (3) The contractor will send to each labor union or representative of workers with which he hes a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said tabor union or workers'representatives of the ontractor'eco mitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 24 September 1965, and of the rules, regulations, and relevant orders of the Secretary of labor. (5) The contractor will furnish all Informs tion and reports requited by Executive Order 11246 of 24 September 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and ac- counts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 5 of ] pages (6) Io the event of the contractor's noncompliance with the won discrimination clauses of this contract or with any of the said rules regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further govern me- et contracts s r federally assisted conacruction contracts c in accordance with procedures authorized in Executive Order 11246 of 24 September 1965, and such other sanctions may be imposed and [ medfesrvoked as provided in Executive Order 11246 of 24 September 1965, or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence im- mediately preceding paragraph (1) and the provisions of para- graphs (1) through (7) in every subcontractr purchase order unless exempted by rules, regulations, orders of the Secretary of labor issued Pursuant to section 204 of Executive Order 11246 of 24 September 1965, Be that such provisions will be binding upon each subcontractor or vendor. Me contractor will take such action with respect to any subcontract or pur- chase orderas the administering agency may direct e s of enforcing such provisions, including sanctions for n - anpliance: Provided, however, that in the event a contractor bec a involved in, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. LJ. The sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employmxnt practices when it it participates in federally assisted construction work: Provided, that that if the applicant so participating is a State Or local government, the above equal opportunity clause is not applicable t0 any agency, Instrumentality or subdivision of such government which does not partici- pate in work on or under the contract. 14. The sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining theompli- ancontractors and subcontractor with the equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency with the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for secur- ing compliance. Page 6 of ] pages 15. The sponsor further agrees that it will refrain from entering into any contract or contract modification, subject to Executive Order 11246 of 24 September 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalities for violation of the equal opportunity clause as my be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to pert III, Subpart D of the Executive Order. In addition, the sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any o all of the following actions: Cancel, terminate, or suspend in whole r in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance to the sponsor under the pro- gram with respect to which the failure or refudaccurred until satis- factory assurance of future compliance has been received from the sponsor; refer the c o the Department of Justice for appro- priate ppro priatelegal proceedings. ' Page A of pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full farce and effect throughout line useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FED RA AVIATI N A INISTRATION BY.. .. .... .'. _ ChIgo, Airports (TITLE) D -600 Part 11Acceptance Region, FAA The city of Ranger, Maine does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained is the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance super to all of the terms and conditions thereof. Executed this ........ __.......--day of.. April......_ ............... 19..72.. City of. eangnr .,........ , _. (Name of Sponsor) By.........................._............_. (SEAL) Title QIpY Manager ...... ..._................ Attest................................... Title city, Clark. CERTIFICATE OF SPONSOR'S ATTORNEY I......_. ... .................. . acting as Attorney for .. pity. PC iurum,.Ma use ...... (herein referred to as the "Sponsor") do hereby certify: That 1 have examined the foregoing Giant Agreement and the proceedings taken by said Sponsor relating thereto, and rind that the Acceptance thereof by said Sponsor has been duly auth- ieed and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of..a le, ................ and further Sponsor Inmy rdopinion, said Gram Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereat Dated at..BaPgor,, Prime. _..........thm....... .. day of... Abel ........ ...._. I, 1972 Title...._ _................_ _.......