HomeMy WebLinkAbout1968-06-18 156-V ORDERV-
156 -V
Introduced by Councilor pent, dune 18, 1968
CITY OF BANGOR
(TITLE.) 044re _.. Authonzrng City Manager to Accept Offer of Grant for Construction
of New Terminal
BY the CItY Coundl of the City Of Bangor.
ORDERED,
THAT the City Manager be authorized to accept the Offer of Grant for
the construction of the new Terminal Building under the Public Works and
Economic Development Act of 1965 (P L. 89-136) and subject to the Special
Conditions attached to the Offer and made a part of the Offer, said Offer,
Conditions and Exhibits as filed in the office of the City Clerk, Bangor, Maine,
and,
Further, BE IT ORDERED that this Offer and the acceptance together with the
Special Conditions and the Standard Terms and Conditions herein referred to
shall constitute the "Grant Agreement."
IN CITY COUNCIL
june 18, 1968
The ordinance regoiiing the filing Of a
Order was uspended Dy the following yes
and no vote; Councilors voting yes:
Councilors Brown, Houston, Hunt, McKay*
Minsky, Porter. Councilors absent:
9aldaCCI, Barry, eallon. This order
was than received and PASSED.
1 \ CITY\CLBRK
e
156-V - -
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ORDER
Title,
Both. City Manager to Accept Offer of
....................... 0.............0
Grant for Construction of New Terminal
......................................
Building
Introduced and feed by
�
it .
councilmen
offer pate% JW 14 ,:,39
Project No.: 01-1-00264
OFFER OF GRANT
Pursuant its authority under the Public Ounce and Economic
Development Act of 1965 (P.L. 69-136), the Regulations issued
thereunder, and in accordance with the memorandum of Understand-
ing of March 15, 1968 between the Ccesomin Development Administra-
tion and the New England Regional Commission, and subject to the
Special Conditions attached scrota and made a part hereof a
Exhibit "A" and the Standard Terms and Condit-ona (dated Mereh 1,
1967) attached hereto and made a part of exhibit IT", the Economic
Develapaent Administration, U. S. Department of Commerce, herein-
' after referred to as the 'Government" hereby offers to make a Grant
not to exceed
a
eed $1,652,000 to the City of Bangor, Maine, heinafter
referred
to as the •Grantee", in order [ aid in the construction
or equipping of public works or development facilities presently
estimated to cost $2,454,000 and consisting of an Air Terminal and
r
related facilities, hereinafter collectively enforced to as the
"Project", provided that in vent shall this Grant aceed 67.32
per cent of Ne actual cost of the project ad deverminadby the
Government.
Upon acceptance, thin Offer and the Acceptance, together with the
Special Conditions and the Standard Tama and Conditions Main
teferrod to, shall constitute the 'Grant Agreement."
This Offer must be accepted and returned to the Economic Development
Administration prior to!?GN 2 1 1958
N C DEVELOPMENT AIRENISTRATIM
111111, Daemon a economic
lavelopmant
The above Offer 0_f Grant is
hetnbY aceepreds G /y
Name of Grantee
B
Title
U. S. DEPAGT�2%T OF coptoERCS
Economic Envelopment Administration
EXHIBIT "A"
Public Warks end Development Facilities
Project No. 01-1-00284
GRANTEE: city of Bangor, Maine
SPECIAL CONDITIONS
1. Notwithstanding paragraph n, Section C of Exhibit "B" hereof, the
language of paragraph vI, Section C is hereby amended to read ad
follows:
'The Grantee COVelante that each of its
officialCa o employees
having custody of the Project account during acquisition, con-
struction, development Add operation shall be bonded at all
times inan uat at least equal to the total funds in his
custody At ti 1 Provided that if the Grantee is a
ta
governme body, bond need not exceed $50,000, unless a
greater amount is required by local law.'-
2.
aw.'2. Prior to ase Obligation on the pax : the Government to disburse
any funds, the Gra shall submit to the Goverarant its written
covenants and/eM written covenants of any other owner(s) of the
industrial park or land benefited, in a to= satisfactory no the
Governmant, providing test for a Period 0f two years from the date
Of acceptance Of this offer of assistance, neither the Grantee n.
such
Other owner(s) shall Bell, lease, or
Otherwise make any parts
Of such Premia available for occupancy by any Parson, firm or
entity, unless such occupant
nt shall first furnish totheGrantee
for transmittal to the Government properly executed standard forms
covering the obligation of such occupent to comply with the Civil
Eighrve Act 0f 1964 and evidencing that such Occupancy is not in
iolation of tte relocation prohibitions of the Public Worka and
Economic evelopment Act 0f 1965.
3. The Grantee hereby covenants that in the a that the Grantee
lease any facilitiesconstructed as Part of this Project t
essionairse or operators, he will obtain from such co essionaise
r operators and submit to the Government properly executed POrns
BM 503-A, and 501M prior to completion of lease agredment(s).
EXHIBIT "B" (Revised>
1 MAP 19'01
U.S. DEPARTMENT OF CONDIERCE
Economic Development Administration
Public Works and Development Facilities
GRANTS
Standard Terms and Conditions
i. The Government shall be under no obligation to disburse funds unless
the Grantee is an compliance With the following requirements:
A. The Grantee shall comply, and require each of its contractors
and subcontractors employed in the completion of the project t
amply with all applicable Federal and State or Territorial laws.
In compliance with these laws, the Grantee agrees that, among
other things, It will take all positive steps necessary to conform
o the requirements of the following statutes and Executive Orders
and the respective regulations issued thereunder:.
1. The Davis -Bacon Act, as amended (40 USC 2]6a -2)6a-(7)),
2.. The Cont. -act Work Hours Standards Act (40 USC 32]-832);
3. The Copeland "Anti -Kickback" Act (40 USC 276(c); 18 USC
8)4); and;
4. Title VI of the Civil Rights Act of 1964 (42 USC 200od-
2o0Gd-4); and Executive Orders 11114 and 11246, and
specifically to the following:.
The Grantee hereby agrees that it will incorporate o
to be incorporated into any contract for construction work,
o
or modification thereof, as defined in the rules and regula-
tions of the President's Committee on Equal Opportunity,
which is paid for in whole at n part with funds obtained
from the Federal Government or borrowed on the credit of the
Federal Government pursuant to a grant, contract, loan,
x guarantee, o undertaken pursuant to any Federal
.progress involving such grant, contract, loan, insurance or
guarantee, the following equal opportunity clause:
"Raring the performance Of this contract, the contractor
agrees as follows:
-2-
"(1) Thecactor will not discriminate against
p
any a"loyee applicant for employment because of [Ce
sed, Color, or national origin. The contractor wi11
take affirmative action to ensure that applicants are
employed, and that employee$ are treated during employ-
ithout regard to their race,eed, color,
national 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 orother
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
';2) The contractor will, in all solicitations
r
advertisements for employees placed by o nbehalfofthe
contractor, state that all qualified applicants will receive
to ideration for employment without regard to race, creed,
color, or national origin.
' 3) The contractor will send to each labor union o
representative of workers withwhich he has a collective
bargaining agreement or other contract or understanding,
a
notice to be provided by the agency contracting officer,
advising the labor union or workers' representatives of the
contractor's commitments under Section 202 of Executive
Order so. 11246 of September 24, 1965, and shall post copies
of the notices in conspicuous places available to employees
and applicants for employment.
"(4) Thecontractor will comply with all provision of
Executive Order He. 11246 of September 24, 1965, and of the
regulations, and relevant orders of the Secretary of
Labor.
"(5) The contractor will furnish all information and
reports required by Executive order No.11246 of September 24,
1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, r ords, and accounts by the contracting agency and the
Secretary e
of Labor for purposes of investigation to ascertain
comp lissome with such rules, regulations and orders.
3-
"(6) In the event of the contractor's noncompliance
with the nondiscrimination clauses of this contract
act o with
any of such rules, regulations, o orders, this contract
may be cancelled, terminated a suspended in whole or in
part and r
the contractor may be declared ineligible for
further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24,
1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of
Septembef 24, 1965, or 89 rule, regulation, or order of the
Secretary of Labor, or otherwise provided by law.
"(]) The contractor will include the provisions of
Paragvaphs (1) through (J) inery subcontract or purchase
order unless exempted by rules regulations, or orders of
the Secretary of Labor issued pursuant to Section 204 of
Executive order No. 11246of Septembet 24, 1965, so that
such oovision will be binding upon each subcontractor Or
endor. Me contractor will take such action with respect
to anysubcontractoror purchase order as the contracting
agency may direct asmeans of enforcing such provisions
including sanctionforn ncomp Ideate: Provided, however,
that in the event the contractor because involved in, or is
threatened with, litigation with a subcontractor or vendor
as a cult of such direction by the contracting agency, the
cntractor ay request the United States to enter into such
lim
tigation to proceed the interest of the United States."
B. If the Project includes sewer or other waste disposal facilities.
no Government funds will bedisbursed unless the Secretary of Health,
Education, and Welfare issues
ertificate a required by Section
106 of the Public Works and Economic Development Act of 1965 (P.L.
89-136).
C. When applicable, the Grantee shalt file the certification and
agreements required by Section 711 of the Public Works and Saccharic
Development Act of 1965 (P.L. 89-136).
D. If compliance with any of the provisions of the Agreement would
require the Grantee to violate any applicable Federal, State or
Territorial law, the Grantee shall, as soon
as possible, in writing
notify the Govermsent, so that appropriatemodificationa to the
Agreement may be made to allow the Grantee to proceed as soon as
possible with construction of the Project.
II. Prior to any solicitation of bids for construction work or for material
or equipment acquisition, the Grantee shall, in addition to any other
ceps required by this Agreement, obtain approval by the Government of
(a) its final plans and specifications and (b) the bidding procedures
for all construction work and for all material and equipment acquisi-
tions.
TII. Prior to the commencement of construction the Grantee shall furnish
evidence sacis_ac[ary to the Government Chat:
A. The Project costs are reasonable,
B. It has su-icien[ funds in addition to the Funds provided by the
Goverment to complete the project, including possible overruns.
and
C. It has obtained, orcan obtain, all land, rights-of-way, permits,
franchisesand all Federal, State and local approvals necessary to
the complazion - the Project.
IV. The Gov s the right [ requite the Grantee to submit, prior
Government ment reserves o r
o the commencement of c independent appraisal o appraisals
by a appraise-
rket cal appraise acceptable to the facilities of the current
bus market valve of any or rallco£ the land and facilities of the dingle
buildings, cost
of
and equipment) to be included as part of the
aggregatecost of the project.
V. In addition
the other requirements of this Agre Ment, the Grantee
agrees tofollow the following procedures during construction:
A. The Grantee shall perform all construction work and make all material
and equipment acquisitions by contracts which have the prior approval
of the Goverment, except as otherwise specifically authorized by the
Government.
B. The Grantee shall require each contractor and subcontractor engaged
to the performance of work on the Project to furnish a performance
bond a security for the faithful execution of his contract in an
amount equal to at least the total a of his contract priceand
s
such payment bond a may be required by Federal, State or Territorial
law as secarity forthe payment of all persons performing labor on
the Project in a form and with surety approved by the Goverment.
C. The c ante_ agrees that i. will not, without the prior written consent
of the Gov ent, order or permit any change in the plans and
specifications which would entail any substantial variance in the
Project, or Increase the cost thereof.
5-
D. The Grantee shall provide and maintain an its behalf competent
and adequate architectural ou engineering services to supervise
the development and construction of the Project.
E. The Grantee shall establish araccount, satisfactory
o the Goverment, i which shall be deposited funds for the
financing of the Project.
F. The Grantee shall cause o be erected at the site of the Project,
add ma ti
-ed duringconstruction, uction, signs satisfactory to the
Government identifying the Project and indicating the fact that
the Government is participating in the development of the Project.
G. The Grantee agrees that it will not, without the Prior
written
consent of the Government, order or permit any changein the line
items in the cost estimates approved by the Government for the
Project.
P. Te Government shall be under no obligation to disburse funds under
this offer of Grant unless the Grantee includes in all contracts
and subcontracts, in language acceptable to the Government, uo-
rion resat ing the ma m feasible employment of local laborfor
work which is or
reasonably may be done a -site work, and unless
the Grantee takes reasonable steps to assure continuing compliance
with such contract provisions.
General Requirements:
A. The Grantee shall maintain and preserve, and require each of its
contractors and subcontractors to maintain and pre such books,
records, and other data as the Government may require.
e
B. The Grantee shall provide with each of its contractors and sub-
contractors for the right of the GoverenGoverment to t
inspect and monitor
r
all work, materials, payrolls, records and personnel, invoices and
other relevantdata and records pertaining to the development and
construction of the Project.
C. The Grantee covenants that each of its officials or emloymes having
custody of Project funds during acquisition, construction,
idevelop-
ment and operation, shall be bonded a all times i amount at
least aqua to the total funds in his custody at any onetime.
D. The Grantee shall carry insurance, and require
each contractor and
subcontractor to carry i of such types and i such amounts
s the Goverment may specify with insurance carriers acceptable to
the Goverment.
E . By Acceptance
of the Offer for Gov assistance, the Grantee
s
repre entsso
that it has not paid, and also, agrees t to pay, any
bonus o commission for the purpose of obtaining an approval of
its applicationfor this assistance.
VII. Disbursement of Government funds will ordinarily be made only after
completion of the Project unless the Government upon request agrees to
partial disbursements Prior to completion.
VIII. A. If the actual costs of the Project exceed the estimated costa, the
Grantee will provide the funds for such excess costs.
B. If the actual c of the Project are less than the estimated
costs, the Grant will be reduced to the extent necessary to comply
wish the percentage limitation set forth in the Offer.
IT. The Government iall have the right to cancel all or any part of its
obligations hereunder if:
A. Any representation made by the Grantee to the Government in connec-
tion
ec
tion with th_ application for the Grant shall be incorrect or
incomplete ii any material respect.
B. The Goverment determines Chat the Grantee has failed to proceed
with r mile diligence in the financing o construction of the
Project.
C. The scope or character of the Project is changed substantially s
as to adversely effect the accomplishment of the Project as intended.
D. The Grantee has violated commitments made by it in its application
and supporting documents or has violated any of the terms and
conditions Of the Grant agreement.
E. Any official. employee architect, attorney, engineer or inspector
of 0_ the Grantee of
any Federal, State or local official u
reprs tative, becomesdirectly or indirectly interested finanr
Tally in the acquisition of any materials or equipment, or in any
construction for the Project, or in the furnishing of any services
to or in connection with the Project, or in any benefit arising
therefrom.
X. - h t that the work intended to be financed by the Project shall
[ have beeaccomplished or committed by contract within PL months of
the date of acceptance of the Offer of Grant, the Goverment may, at its
option and without cause, terminate all or any part of its obligation
hereunder.