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HomeMy WebLinkAbout1993-11-08 94-2 ORDERCOUNCIL ACTION 94-2 Item No. Date November e, 1993 Item/Subject, Authorizing Execution of Maine Department of Transportation Grant Agreement for Project No. SAIP11.4003-15(26) -- loading Bridge/Runway Sweeper/Anti-Icing Vehicle/Study Responsible Departments Airport The attached Order would authorize acceptance of State funds totalling $52,910.50 and would authorize execution of the associated Grant Agreement. This amount represents the States 5% share under a previously -approval Airport Project. (By Council Order i93-436 passed on 9/27/93, the Council accepted the FAA's share ($876,9]2.00). In addition, pursuant to Council Order $93-422 passed on 9/13/93, the Council has approved the award of construction contracts for completion of various projects included in this project and grant agreement. Department Head Associated Informations Order, Grant Agreement 6 Letter from MOT Finance Director City Solicitor Introduced For CONSENT AGENDA X Passage First Reading Referral Page 1 of 0 A3eirnedto Counedor Shubert Navambar 8, 1993 :r CITY OF BANGOR GMV (Drbtr, Authorizing Execution of, Maine Department of _. Transportation Grant Agreement (Part I- Offer), Project NO. SAIP11.4003-15(26) -- Passenger Loading Bridge and Pier/Self- Ppppelled...RMnMAy_SweaperlAnti.-Lcing..Vehicle/Pavement.. Study By Me Ciq Couxaii ofdw CBP ofBanw: ORDERED, THAT Edward A. Barrett, City Manager, is hereby authorized to execute Part 1 (Offer) of a State of Maine Department of Transportation Grant Agreement, a copy of which is on file in the City Clerk's Office. Said Grant Agreement is in the amount of $52,910.50 for the Bangor International Airport, under Project No. SAIPII.4003-15(26). Said funds are to be used for the following, construction of a passenger loading bridge and pier; acquisition of a self-propelled runway sweeper; acquisition of a runway anti -icing vehicle and supply tack; and pavement evaluation study. IN CITY COUNCIL November 8, 1993 Pa 94-2 ORDER Title, Authorizing Execution, of MainC,A4PgrM t of Tranapogtfltion Gten[ A6reamant ( Part I - Offer), Project No. SAIPI1.400}i55((%)) -propel seege0.Loadip¢. Bridge. au .P1et(Seli-Propelled NOW eper/ Pavement Study y /f Aemgned to lx a ......... Councilman 0 WMP f. CM,pP[mmmwone. 94-2 STATE OF MAINE DEPARTMENT OF TRANSPORTATION rngNVP VATON MLLGNG STATE HCV5E 5Wi ON N AOGI5TA. MANE 04JJ3-0MJ October 18, 1993 Mr. Bob W. Ziegelaar, Airport Manager Bangor International Airport 287 Godfrey Boulevard Bangor, Maine 04401 Dear Mr � gelaar: I am pleased to advise you that on October 13, 1993, Dana P. Ccnnors, commissioner MOOT approved your request for State funds and allocated $52,910.50 as the State's share to construct passenger loading bridge and pier; acquire self-propelled runway sweeper; acquire runway anti -icing vehicle and supply tank; and pavement evaluation study at the Bangor International Airport. Enclosed please find an original and one copy of a Grant Agreement for the Project No.SAIP11.4003-15(26). You will also find enclosed a copy of the form for "Certification of Municipal Vote to Accept State Funds", as required by Title 30-A, MRSA, Section 5682. Part II - Acceptance and the Certification of Municipal Vote should be completed by the City of Bangor and the original grant offer certification and acceptance returned to this office. Should you have a _ _ estions or comments, please let me know. Sincerely, Ro L JJJJJJ Oy, Director A Tran6 ortation Division R R:nl Bncls. RECEIVED mm. William cronan, FAA OCT 2 71993 LEGAL DEPARTMENT D"NA c topics 94-2 STATE OF MAINE - DEPARTMENT OF TRANSPORTATION TRANSPdIIATICN UUM43 STATE HW C STA➢ON 16 AUGUSTA, MANE 04333-0M6 GRANT AGREEMENT PART I - OFFER Date Of Offer Project No. SAIP11.4003-15(26) Bangor International Airport T0: c't of %n"a (Hereinafter referred to as the "Sponsor") FROM: The State of Maine (acting through the Department of Transportation, Air Transportation Division, hereinafter referred to as the "Department") WHEREAS, the Sponsor has submitted to the Department a Project Pre -application or Request for Aid involving a grant of State funds for a project for the acquisition, construction, establishment, safety, expansion, improvement or protection of _ the international Airport (hereinafter "A called the irport") WHEREAS, the Department has approved a project based upon this request for development of the Airport (hereinafter called the "Project") consisting of the following described airport development: Construct passenger loading bridge and pieracquire self-propelled r nay eeper acquire runway anti -icing vehicle and supply tank: and pavement evaluation study. NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of 6 M.R.S.A. §17.1, 17.9 and §18.1, and in consideration of (a) the Sponsor's acceptance of this Offer, as hereinafter provides, and (b) the benefits to accrue to the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided. 9F-2 THE DEPARTMENT, FOR AND ON BEHALF OF THE STATE OF MAINE HEREBY OFFERS AND AGREES to pay, as the State's share of costs incurred n accomplishing the project, 5% per cent of all approved project costs, subject to the following terms and conditions: 1. The maximum obligation of the State payable under this Offer shall be: $Fifty-Tvo Thousand Nine Hundred Ten ($52.910.50) Dollars and 50/100. 2. The Sponsor shall -- a. accomplishment of the Project within a reasonable time after acceptance of this Offer, and; b. Carry out and complete the Project in accordance with the terms of this Offer, and; C. Carry out and complete the Project in accordance with the plans or sketches and specifications as approved by the Department or as they may be revised or modified with the approval of the Department, and; d. Take necessary legal action to revoke any and all existing non -aeronautical rights of way o cumbrances across the landing strip and prevent the issuance of any further such permits of rights of way to cross said strip, and; e. Pursuant to b M.R.S.A. operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes, and not permit any activity thereon which would interfere with its use for aeronautical purposes except with the prior written approval of the Department, and; f. operate the Airport for the use and benefit of the public on fair and reasonable terms without unjust discrimination, and g. Insofar as is within its power and reasonably possible, the Sponsor will prevent the use of any land either within or outside the boundaries of the Airport in any manner (including the construction, creation, alteration, or growth of any structure or other object thereon) which would create a hazard to the landing, taking off, or maneuvering of aircraft at the Airport, or otherwise limit the usefulness of the Airport. 3. The Sponsor certifies that it holds property interests n the areas of land which are to be developed or used as a part of or in connection with the Airport. 4. The Sponsor shall keep anaccurate accounting of all costs incurred on the Project and submit a copy of such accounting to the Department upon its request for reimbursement of such coats by the Department. 5. This Offer shall expire and the State shall not be obligated to pay any of the costs of the Project unless this Offer has been accepted by the Sponsor within sixty (60) days from the above date of offer or such longer time as may be prescribed by the Department in writing. 6. The Sponsor agrees to conscientiously perform preventative maintenance on the completed project and to make no application for State funds for repair or replacement of the Project as a result of failure to perform such maintenance. The Sponsor's acceptance of this Offer shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided and said Offer and acceptance shall comprise a Grant Agreement constituting the obligations and rights of the State 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 force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed ten (10) years from the date of said acceptance. STATE OF MAINE Department of Transportation/ Air Transportation Division Sy / rector PART II - ACCEPTANCE The does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this day of Name of Sponsor (SEAL) CERTIFICATE OF SPONSOR'S ATTORNEY the "Sponsor") do hereby certify: 19_. acting as Attorney for (herein referred to as That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof is in all respects due and proper and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms. Dated at this day of 19 94-2 CERTIFICATION OF MUNICIPAL VOTE TO ACCEPT STATE PUNTS I, , the duly authorized Clerk (Please Print or Type) for the municipality of hereby (Please Print or Type) certify that the legislative body of the municipality voted on 19_ to accept the following categories of State funds during the fiscal year beginning , 19 Check all categories included in above vote: 1. Municipal Revenue Sharing 2. Local Road Assistance _ 3. State Aid to Education (including Federal pass-through funds and property tax relief) _ 4. Public Library State Aid per Capita 5. Civil Emergency Funds (Emergency Management Assistance) _ 6. Snowmobile Registration Money _ ]. Tree Growth Reimbursement _ L General Assistance Reimbursement _ 9. Veterans Exemption Reimbursement x 10. State Grants or Other Funds (This category includes all funds received from the State that are not included in itemsIthrough 9 above.) Dated: , 19_ Signed: Municipal Clerk Assipoed to CounnBor Shubert November 8, 1993 CITY OF BANGOR GIRE) (Prba, Authorizing Execution of Maine Department of, Transportation Grant Agreement (Part I- Offer), Project No. BAIP11.4003-15(26) -- Passenger Loading Bridge and Pier/Self - ,Propg•j,ied_RgBway..BNeeperLAnti-lcing...VehicleLPavement.. Study .............. BY eu O1ty Coutpol of the City Of8axpm: ORDERED, TMT Edward A. Barrett, City Manager, is hereby authorized to execute Part 1 (Offer) of a State of Maine Department of Transportation Grant Agreement, a copy of which is on file in the City Clerk's Office. Said Grant Agreement is in the amount of $52,910.50 for the Bangor International Airport, under Project No. SAIP1I.4003-15(26). Said funds are to be used for the following: construction of a passenger loading bridge and pier; acquisition of a self-propelled runway sweeper; acquisition of a runway anti -icing vehicle and supply tank; and pavement evaluation study. IN CITY COUNCIL November 8, 1993 Passed A True Copy, Attest: CM am Movember�B 1993 TO, Bob eiegelaar, Airport Director PROM. Terri Corey, Legal Department Ree P ect M AIP Enclosed please find an original and one copy of the State's Grant Agreement (Part I - Offer) for its 58 share under a previously -approved Airport Project for a loading bridge, runway sweeper, etc. Please note that both of these documents have been signed by the appropriate City officials in accordance with Council Order 499-e passed by the City Council at their meeting held last Monday evening. I have given Russ a photocopy of the executed original and kept one for our file. to Enclosures pc;- Russ McKenna P.S. The only thing that I didn't fill in wag the date needed on the last page (Certification of Municipal Vote). W STATE OF MAINE DEPARTMENT OF TRANSPORTATION ThANSPOSTATM CULDEG STATE HOUSE STATION W AUGISTA,MAINE UN33t 35 October 18, 1993 Mx. Bob W. Biegelaar, Airport Manager Bangor international Airport 287 Godfrey Boulevard Bangor, Maine 04401 Dear Mrl�elaar: I an pleased to advise you that on October 13, 1993, Dana P. Connors, Commissioner MOOT approved your request for state funds and allocated $52,910.50 as the Staters share to construct passenger loading bridge and pier; acquire self-propelled runway sweeper; acquire runway anti -icing vehicle and supply tank; and pavement evaluation study at the Bangor International Airport. Enclosed please find an original and one copy of a Grant Agreement for the Project No. SAIP11.4003-15(26). You will also find enclosed a copy of the form for "certification of Municipal Vote to Accept State Fonds",as required by Title 30-A, MRSA, Section 5682. Part II - Acceptance and the Certification of Municipal Vote should be completed by the City of Bangor and the original grant offer certification and acceptance returned to this office. Should you have any questions or comments, please let me know. Sincerel , Ro d"'L�y, Director A' Tcana xtation Division RLR:nl Encls. RECEIVED cc: William Cronan, PAA OCT 2 7 1993 LEGAL DEPARTMENT STATE OF MAINE DEPARTMENT OF TRANSPORTATION TRANSP^fUAT" WRCPG STATE HOUSE STATION 16 WGNSTA.MAINE OQ33 W16 n\nA etgwJu iawna GRANT AGREEK NT PART I - SNIPER Date of offer L,16&66&z Project NO. SAIP11.4003-15(26) Bangor International AirpOit T0:C' of s• (Hereinafter referred to as the "Sponsor") FROM: The State of Maine (acting through the Department of Transportation, Air Transportation Division, hereinafter referred to as the "Department") WHETSBS, the Sponsor has submitted to the Department a Project Pre -application or Request for Aid involving a grant of State funds for a project for the acquisition, construction, establishment, safety, expansion, improvement or protection of the Ban or rnatirAirport (hereinafter called the "Airport".,) WHEREAS, the Department has approved a project based upon this request for development of the Airport (hereinafter called the "Project") consisting of the following described airport development: Construct passenger loading bridge and pier acquire self-propelled runway sweeper; acquire runway anti -icing vehicle and supply tank; and pavement evaluation study. Now THEREFORE, pursuant to and for the purposes of carrying out the provisions of 6 H.R.S.A. 417.1, 17.9 and 518.1, and in consideration of (a) the Sponsor's acceptance of this Offer, as hereinafter provides, and (b) the benefits to acerae to the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein provided. THE MAINE DEPARTMEM a TRAhaTNTATION 6 AN AFARMATNE KTI(N!-E0.WL OWOTS"1Y EMA.OYER THE DEPARTMENT, FOR AND ON BEHALF OF THE STATE OF MAINE HEREBY OFFERS AND AGREES to pay, as the State's share of costa incurred in accomplishing the project, 5Y- per cent of all approved project costs, subject to the following terms and conditions: 1. The maximum obligation of the State payable under this Offer shall be: $Fifty -Two MOMIand Nine Huadred Ten 052.910,50) Dollars and 50/100. 3. The Sponsor shall -- a. Begin accomplishment of the Project within a reasonable time after acceptance of this Offer, and; b. Carry out and complete the Project in accordance with the terms of this offer, and; C. Carry out and complete the Project in accordance with the plans or sketches and specifications as approved by the .Department or s they may be revised or modified with the approval of the Department, and; d. Take necessary legal action to revoke any and all existing non -aeronautical rights of way or encumbrances across the landing strip and prevent the issuance of any further such permits of rights of way to cross said strip, and; a. Pursuant to b M.R.S.A. operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes, and not permit any activity thereon which would Interfere with .its use for aeronautical Purposes except with the prior written approval of the Department, and; f. Operate the Airport for the use and benefit of the public on fair and reasonable terms without unjust discrimination, and g. Insofar as is within its power and reasonably possible, the Sponsor will prevent the use of any land either within or outside .the boundaries of the Airport in any manner (including the construction, creation, alteration, or growth of any structure or other object thereon) which would create a hazard to the landing, taking off, or maneuvering of aircraft at the Airport, or otherwise limit the usefulness of the Airport. 3. The Sponsor certifies that it bolds property interests in the areas of land which are to be developed or used as a part of or in connection with the Airport. a. The Sponsor shall keep an accurate accounting of all costs incurred on the Project and submit a copy of such accounting to the Department upon its request for reimbursement of such costs by the Department. S. This Offer shall expire and the State shall not be obligated to pay any of the costs of the Project unless this Offer has been accepted by the Sponsor within sixty (60) days from the above date of Offer or such longer time as may be prescribed by the Department in writing. 6. The Sponsor agrees to. conscientiously perform preventative maintenance on the completed project and to make no application for State funds for repair or replacement of the Project as a result of failure to perform such maintenance. The Sponsor's acceptance of this Offer shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided and said Offer and acceptance shall comprise a Grant Agreement constituting the Obligations and rights of the State 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 force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed ten (10) years from the date of said acceptance. STATE OF MAIM Department Of Transportation/ Air Transportation Division Sl' rector The City of Bangor does hereby ratify and adopt all statements, rapreeentaklons, warranties, covenants, and agreements Contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer.and by such acceptance agrees to all of the terms and conditions thereof. Executed this 9th day of November 19 93 City of Bangor ///� Na/ma of Sponsor (SEAL) BV>gzfjzz/ej IA 6- Title �revManager Barrett Atter . A C 's=.— . Title fihv flcvk CERTIFICATE OF SPONSOR'S ATTORNEY I, r1lik w_ c m..avi , acting as Attorney for the _ty .,r Ra"g,.r (herein referred to as "Sponsor") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof i all respects due and proper and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms. /S/h . Dated at g^•, this�h_ day of Noy,mhpr , 19 93. V'W "I' V Erik M. Stumpfel, City Solicitor Title CERTIFICATION OF MUNICIPAL VOTE TO ACCEPT STATE FUNDS I, Russell J. McKenna the dulyauthorised Clerk (Please Print or Type) for the municipality of Mir hereby Pilot or Type) . (Please Pr certify that the legislative body of the municipality voted on November e , 19 93 to accept the following categories of State funds during the fiscal year beginning , 19 Check all categories included in above vote: 1. Municipal Revenue Sharing _ 2. Local Road Assistance _3. state Aid to Education (including Federal pass-through funds and property tax relief) 4. Public Library State Aid per Capita S. Civil Emergency Funds (Emergency Management Assistance) 6. Snowmobile Registration Money t7. Tree Growth Reimbursement b. General Assistance Reimbursement 9. Veterans Exemption Reimbursement X lo. State Grants or Other Funds (This category includes all funds received from the State that are not included in items 1 through 9 above.) Dated: November 9 rr 199/ 93 Signed: L- — Muni pal Clerk