HomeMy WebLinkAbout2012-04-23 12-139 ORDER_COUNCIL ACTION
I
Date: 4-23-2012 tem No. 12 139
Item/Subject: ORDER, Authorizing the Execution of an Easement Agreement between the City of
Bangor and the United States of America — BIA
Responsible Department: Airport
Commentary:
On November 22, 1993, by Council Order 94-29, the City of Bangor and the United States entered into an
easement agreement for the United States to have power lines to its airport surveillance radar (ASR) facility
located at Bangor International Airport. This easement has expired and the FAA is requesting a
renewal for the same purpose. This renewal agreement, DTFAEN-II-A-00003, is for an
underground power line easement and airport access right-of-way easement at Bangor
International Airport. This lease agreement has been reviewed and approved by City Legal.
Anthony P. Caruso
Interim Department Head
Manager's Comments:
This has been reviewed by the Airport Committee on April 17, 2012.
City Manager
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
_X Passage
First Reading
Referral
Finance Director
Solicitor
Page 1 of 1
12 139
t Assigned to Councilor Longo April 23, 2012
�y � D�'VC S'•
� CITY OF BANGOR
A4rE EE r
ED.
(TITLE.) ORDER, Authorizing the Execution of an Easement Agreement Between the City of
Bangor and the United States of America — BIA
WHEREAS, on November 22, 1993, by Council Order 94-29, the City of Bangor and the United
States entered into an easement agreement for the United States to have power lines to its
airport surveillance (ASR) facility located at Bangor International Airport; and
WHEREAS, the term of said easement has expired and the United States would like another
easement for the same purpose.
By the Olty Coundl of the Clay of Bangor:
ORDERED,
That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor
to execute agreement number DTFAEN -11-A-00003, an easement agreement to allow the
United States to use the t tty's radar access road for a power line in connection with their ASR
facility. Said Agreement shall be in substantially the same form as attached hereto and in a
final form as approved by the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
April 23, 2012
Pas d
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CITY tLERK
CmLE,)
Assigned to Councilor
N.J
U.S. Deportment
of Transportation
Federal Aviation
Administration
August 1, 2011
Ms. Catherine M. Conlow
City of Bangor
73 Harlow Street
Bangor, Maine 04401
Dear Ms. Conlow;
Subject: Expired Easement Agreement — DTFAEN-1 1-A-00003
12 139
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AUG 3 2011
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Burlington, MA 0 03 5"'s omen
It has recently come to my attention that the agreement between the FAA and City of
Bangor expired on September 30, 2008.
This agreement is for underground power line easement, airport access right-of-way
easement and restrictive easement at Bangor International Airport. The Government
still has a need for this agreement, therefore I sent three (3) agreements to the City on
May 4, 2011 for review and signature. I sent this package to John Hamer. To date I
have not heard back from the City or from the Airport Manager.
Could you please advise as to who these agreements should be sent to for review?
We appreciate any assistance on this matter that you could offer.
I have enclosed three '(3) originals of the above referenced agreement for your review.
If you concur with the terms and conditions of this agreement, please sign and return to
my attention at your earliest convenience.
Please feel free to call me with any questions or concerns regarding this agreement
renewal request at 781-238-7688.
Sincerely,
4ail'Cook
Contracting Officer
Encl: Agreements (3)
12 1�9
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
NEW ENGLAND REGION
12 NEW ENGLAND EXECUTIVE PARD
BURLINGTON, MA 01803
AGREEMENT NO: DTFAEN-1 I -A-00003
LOCATION: BANGOR, MAINE
EASEMENT AGREEMENT
BETWEEN
THE CITY OF BANGOR
UNITED STATES OF AMERICA
THIS AGREEMENT, made and entered into this day of ,
2011, by and between THE CITY OF BANGOR, whose address is City Hail, Bangor,
Maine 04401 for itself and its heirs, executors, administrators successors and assigns,
hereinafter called the Grantor, and the UNITED STATES OF AMERICA, FEDERAL
AVIATION ADMINISTRATION, hereinafter called the Government.
WITNESSETH: the parties hereto for the consideration hereinafter mentioned covenant
and agree as follows:
WHEREAS. The Government has a need for an underground power line easement,
airport access right-of-way easement, and restrictive easement as described in Exhibit
"A" attached hereto and made a part hereof;
NOW, THEREFORE: The parties hereto for the consideration hereinafter mentioned,
covenant and agree as follows:
1. For the term beginning October 1, 2008 and ending September 30, 2018.
2. Restrictive Easement Against Construction: The City shall not construct nor
allow to be constructed any structure in the area contained within a circle whose
center is at the ASR radar antenna tower with Maine State Coordinates N 354,
800, E 411, 895, and whose radius is 1,500 feet; without the express permission of
the Government.
Agreement No. DTFAEN- I 1-A-00003
12 .1.39
3. Utilities Easement: The City grants to the Government the right to install a
power line cable within 50 feet of the centerline of the existing radar access road.
The line will begin at an existing United States Air Force's power line on the
City's property and run approximately 600 feet to the Government's ASR facility
as shown on a sketch, which is attached hereto and made a part hereof as Exhibit
"A".
4. Utility Poles; In conjunction with the installation of the power line cable, the
Government shall have the right to install 3 new utility poles on the City's
property, as depicted on Exhibit "A".
S. Access Road Right -of -Way Easement: The Government shall have the right to
use the City's radar access road for ingress and egress to and from the
Government's ASR facility.
CONSIDERATION
For and in consideration of the benefit of Bangor International Airport and the the
general public using same, the City grants to the Government all rights, terms and
conditions stated herein at no cost.
WARRANTY OF TITLE
The party warrants that it has title to the area specified in Exhibit A and that it is duly
authorized to grant this agreement.
CANCELLATION
The Government may terminate this agreement, in whole or in part, if the Real
Estate Contracting Officer (RECO) determines that a termination is in the best
interest of the Government. The RECO shall terminate by delivering to the Grantor
a written notice specifying the effective date of the termination. The termination
notice shall be delivered by registered mail, return receipt requested and mailed at
least 30 days before the termination date.
6. This contract incorporates the following clauses attached hereto and made a part
hereof.
1. Protest and Disputes
7. The City hereby warrants that it has acquired and possesses and adequate real
estate right in the property described herein and that it is authorized to grant to the
Government the rights and interests set forth herein.
Agreement No. DTFAEN-I I -A-00003 2
12 139
8. The Federal Aviation Administration (FAA) agrees to remediate at its sole cost,
all hazardous substance contamination on the premises covered by this
Agreement, that is found to have occurred as a direct result of the installation,
operation and/or maintenance of the power conduits. The City agrees to
remediate any and all other hazardous substance contamination foiund on the
premises covered by this Agreement, The City also agrees to save and hold the
FAA harmless for any and all cost, liabilities and/or claims by third parties that
arise out of hazardous contamination found on the premises covered by this
Agreement not directly attributable to the installation, operation and/or
maintenance of the power conduits.
Nothing in this Agreement shall be deemed to relieve the Government or any of
its agencies, excluding the FAA, including the Department of Defense, of any
statutory or other liability or responsibility with respect to hazardous substance
contamination arising out of use or occupancy of the subject premises by the
Government or any of its agencies, excluding the FAA, prior to April 28, 1969.
Nothing in this Agreement shall be deemed to constitute an acceptance of liability
or responsibility with respect to such contamination on the part of the City.
Nothing in this Agreement shall be deemed to constitute a waiver in whole or part
of any claims or rights of the City with respect to such contamination under the
Defense Environmental Restoration Program or other provision of Federal or
State law.
9. If the City sells or otherwise conveys to another party any interest in the land or
any portion of the land which is affected by this Agreement (including the site,
rights -of -ways thereto and any areas contained in this Agreement), it should
immediately advise the Government of the date of the transfer and of the address
of the new owner or of the new owner's representative. The Government's rights
hereunder shall not be affected by any such sale or conveyance.
10. This Agreement supersedes Agreement No. DTFA 12-93-A-83027 in its entirety.
11. All notices sent to the parties under the Agreement shall be addressed as written
below. Written notice will be submitted to the other party when a change in that shown
occurs:
TO THE GRANTOR TO THE GOVERNMENT
The City of Bangor Federal Aviation Administration
City Hall New England Region, ANE -56
Bangor, Maine 04401 12 New England Executive Park
Burlington, MA 01803
Attention: Realty Contracting Officer
Agreement No. DTFAEN-I I -A-00003
12 jn9
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date
first above written.
THE CITY OF BANGOR UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
BY:
BY:
MARILYN GAIL COOK
TITLE: CONTRACTING OFFICER
DATE: DATE:
Agreement No. DTFAEN-I I -A-00003
12 139
f'It0°I'1",F+T ANI) I)ISf'tA I S
Protest And Msputes; (a) All colmact diSputc:s !riSiilg rlrrdcr Or 1'clatCd to this C-01111'act
shall be resolved through the Feed ��'sd Avisiflon Administration (I"AA) disl�utt; t 'ss)1:rtitrlt
system at the Office of Dispute Resolution te)r Acquisition (01)RA) mid shall be
;overned by the procedures set Forth in 14C.F.Rt , Parts 14 tn:i 17, which ars: hereby
incorporated by reference, Judicial review, where available, will be in ac:cordancu rNitll
49 (.),S,C. 46110 and shall apply only to final agency decisions. A contractor may seek
review of final FAA decision only after its administrative remedies have been
exhausted.
(b) The filing of a contract dispute with the ODRA may be accomplished by snail,
overnight delivery, hand delivery, or by facsimile. A contract dispute is considered to be
filed oil the date it is received by the ODRA.
(c) Contract disputes are to be in writing and shall contain:
(1) The contractor's name, address, telephone and fax numbers and the name,
address, telephone numbers of the contractor's legal representative(s) (if any)
for the contract dispute,
(2) The contract number and the narne of the Contracting Officer;
(3) A detailed chronological stat.ernent of the facts and of the legal grounds for the
contractor's positions regarding each element or count of the contract dispute
(i.e., broken down by individual claim item), citing to relevant contract
provisions and documents and attaching copies of those provisions and
documents;
(4) All information establishing the contract dispute was timely filed;
(5) A request for a specific remedy, and if a monetary remedy is requested, a sum
certain must be specified and pertinent cost information and documentation
(e.g., invoices and cancelled checks) attached, broken down by individual
claire item and summarized; and;
(6) The signature of a duly authorized representative of the initiating party.
(d) Contract disputes shall be filed at the following, address:
(e) Office of Disputes Resolution for Acquisition. AGC -70,
Federal Aviation Administration
800 Independence Ave., S,W,, Room 323)
Washinmon, D.C, 20591
Telephone: (202) 267-3290
Facsimile: (202) 267-3720; or
12 1?9
(2) other address as specitied in lit C F.I R. Part 17
(f) A contract dispute against the FAA ;shall be. filed -vvith the 0DRA within two (2) years
of the accrual of the contract claim involved A contract dispute by the FAA against a
contractor (excluding contract disputes alleging warranty issues, fraud or latent defects)
likewise shall be filed within two (2) years afler the accrual or the contract claim. if an
underlying contract entered into prior to the eiTective date of this part provides for time
limitations for filing of contract disputes with the ODKA, which differ from the aforesaid
two (2) year period, the limitation periods in the contract shall control over tite limitation
period of this section. In no event will either party be permitted to file with ODRA a
contract dispute seeking an equitable adjustment or other damages after the contractor has
accepted final contract payment, with the exception of FAA claims related to warranty
issues gross mistakes amounting to fraud or latent defects.
FAA claims against the contractor based on warranty issues must be filed within the time
specified under applicable contract warranty provisions. Any FAA claims against the
contractor based on gross mistakes amounting to fraud or latent defects shall be filed with
the ODRA within two (2) years of the date on which the FAA knew or should have
known of the presence of the fraud latent defect,
(g) A party shall serve a copy of the contract dispute upon the other party, by means
reasonably calculated to be received on the same day as the filing is to be received by the
ODRA.
(h) After filing the contract dispute, the contractor should seek informal resolution with
the Contracting Officer.
(i) The FAA requires continued performance with respect to contract disputes arising
under this contract, in accordance with the provisions of the contract, pending a final
FAA decision.
0) The FAA will pay interest on the amount found due and unpaid from (1) the date the
Contracting Officer receives the contract dispute, or (2) the date payment otherwise
would be due, if that date is later, until the date of payment. Simple interest oft contract
disputes shall be paid at the rate fixed by the Secretary of the Treasury that is applicable
on the date the Contracting Officer receives the contract dispute and then at the rate
applicable for each 6 -month period as Fixed by the Treasury Secretary until payment is
made.
Additional information and guidance about the ODRA dispute resolution process for
contract disputes can be found on the ODRA Website at httpWwww.faa.gov.
12 139
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Utilities Easement
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FAA utility poles