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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 - - - 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.