Loading...
HomeMy WebLinkAbout2004-06-14 04-179 RESOLVEItem No 04-119 Date: 6-14-04 Item/Subject RESOLVE, Accepting the United States Government, Federal Aviation Administration, and the State of Maine, Department of Transportation, Grants for the Perimeter Road and Safety Area Improvements at Bangor International Airport, under Airport Improvement Program (AIP) Project No. 3-23-0005-39-2009 and Appropriating the Grant Funds for the Purpose of Designing Said ProjectA Responsible Department: Commentary: The FAA and State of Maine have approved the Airport's application for Airport Improvement Project funds to help cover the cost of the Perimeter Road and Safety Area Improvements th. total $1,351,469. The Federal funds avallable for this project will fund 95% of the project wi the FYD4 budget. This project is a continuation of the needed improvements to the infrastructure of the Airport. Depro ert Head Recommend approval. uIvsa^ C7n.n0+..4 °' City Manager Legal Approval: Finance Direclor City Solicitor _ passage First Re sling page _ of X Refermlta Finance Committee n\ao' A Slgara to Councilor Greene lune 14. 2004 CITY OF BANGOR Ifh (TITLE) RESOLVE, Aaeptin9 the United Stales Government, Federal Aviation Administration, and the State of Maine, Department of Transportation, Grants for the Perimeter Road and Safety Area Improvements at Bangor International Airport under Airport Improvement Program (AIP) Project No. 3-23-0005-39-2004 and Appropriating these Grant Funds for the Purposes Designated In These Grants. funds to Administration and the State of Maine have agreed to provide the funds; and WHEREAS, federal funds vd0 cover 95%of fine cost of the protect of an addidonal 2.5% coming Fan Me State of Maine and 2.5% from the City. NOW, THEREFORE, BE n RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Me City Manager is hereby authorized M accept the UnRad! States Government Federal Aviation Administration and the State of Maine Department of TransportMion grants for the Perimeter Road and Safety area improvements at Bangor International Airport, under AIP Project No. 3-230005-39-2009; and BE R FURTHER RESOLVED THAT Mere is hereby appropriated v4thin the Airport Fund the amount of $1,351,469 recognizing state and federal grant funds and the Airport Department budgeted funds to be usetl for said project. The City Finance Director's hereby authorized M place Mese amounts within the appropriate anoums. IN CLTY COUNCIL Isoe 16. 2006 First Reading Referred to Finance Committee c cLN� IN CIT[ COUNCIL Jose 28. 2006 R S OL VR 9!TLi Ems.) Accepting the United States m v[. andtheState ofrmaim.aDepartment of�a Read and Safety Area Improvement at Bmgor International Airport soder Airport Imprveemnt Progim (AIP) Project No. 3-23- 0005-39-2006 and approprfatiag these Grant POHNS for IN, Grant& Assigned WCouncilor/�Iu9/AU. V W-179 nS Wpo,lmenf MTO'EOPum Pplm 12 ism Enaa,b EXOMIM Pefi M imnpo,lpXon 8Mlnpkry MF 019035 9 FeUeml AWNion Atlmishisdion Page 1 of Pages Bangor International Airport Bangor, Maine Dues No. 169-182466 AMENDMFNT NO. I GRANT AGREEMENT FOR PROJECT NO. 3-23-()005-39- 2004, Aviation Administration (hereinafter referred to as the between tlae AAA, acting for and on belialfofthe United States, and the City of Bangor, Maine, (hereinafter refined to as this 'Spinner"), accepted by said Sponsor on the 30n day of June 2004, to be amended as hereinafter provided. NOW TIIERBFORB, WITNESSETH: That in consideration of the benefits to accrue to to parties hereto, the FAA on behalf of the United States, on one part, and the Sponsor, on the other part, do hereby mutually agree as follows: "Whmas this project will not be completed dmw%fiscal year 20M and the total estimated Extend share will be $1,351,649.00, and, Whereas the amount of me aforesaid wmmiwelt hes been established to be $1,351,649.00, the FAA acting on behalf of the United States wd the Sponsor do hereby mutually agree that the maximum meant of the United States share as set forth in Pamgaph 1 of the Standard Conditions of the subject Giant Agreement is hereby increased frem$1,095,561.00 to$1,351,649.W an imcrease of $256,098.00." _ IN WITNESS WHEREOF, the parties hereto� ave caused Itis Amendment to said Grant Agseemwt to be duty executed as ofthe j aly of T7�. 2005 � STATES OF AMERICA FEDERAL AVIATION ,AyDJM� IISSTR/AATION By i�/ILQ JS/'Sr v6 Titl���e: II ager, airports Division New England Region 04-1)9 Page 2 of Pages Bangor International Auport Bangor, Maine Project No. 3-23-0005-39-2005 LAms No. 169-182466 City of Bangor, Maine .s Title C'F5 M x ••,':•(SEAL) Attest Y Title: City Clerk CERTQ KVsM OF SPONSOR'S ATTORNEY III I, Noxeap S. Neitwann acfing as Ado ary for the City of Bangor (hereinafter refereed to as "Sponsor"") do hereby certifr^ That shave examined the foregoing Ameadment to Grant Agreement and the proceedings takm by said Sponsor relating thereto, aad find that the execution thereefby said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the -laws ofthe .State of Maine and furter that, in my opird on, said Amendment to Giant Agrem mt constitutes a legal and binding obligation of the Sponsor in accordance with the pairs thereof. - - Damdat Bangor thisdayof Tanury ^20og By Tulle" City. clrox w us. pelaM'new a xcmp tfc.n F eml AvWm New England Rplm 12 tow E,dAnu wa PaM Adma d!nxknn owKwi. w 01 Mi N January 11, 2005 Ms. Rebecca L. Hupp Airport Director Bangor International Airport Dear Ms.Hupp: Enclosed are two copies ofAmeadrent No. l to the Grant Ageemmut for Airport Improvement Project (A)P) No. 3-23-0005-39-2004 at Bangor International Airport. This amendment is to add the £Neral fiscal year 2005 fiords in the amount of $256,088.N,mder smW[i-yeargantagecment. Uponreceiptoftheexecuted amendment, the total federal fonds of $1,351,649 for this project will available. If it is determined this instrument is in order, the Amendment should be accepted by execution on Page 2 with We date of execution entered on Page 1 Ydirectly above the FAA's signature), and be witnessed by the appropriate official! You counsel should then complete the Certificate of Sponsor's Attorney also appearing on Page 2. Kindly return ore original executed copy of the Amendment to this office on or bef e Manch 11, 2004. Sincerely, - -. �aYZ y mt- Qaarciir> s9n. Lisal. LespCdl�� e�Y� 2i (a�a.P253: Arports Program Specialist tcd,a l o�C�sak Enclosures Islysux�aalanci January 18, 2005 TO: Sharon Geagan, Administrative Assistant FROM: Terri Corey, Legal Assistant RE: EAA Grant Agreement Amendment Not sure whose writing was on the attached post it, but this came home via Jane last Thursday. originals of Amendment No. 1 to Grant Agreement dated January 18, 2005 for AIP Project No. 3-23-0005-39-2004 for grant funds to make improvements to the infrastructure at BIA. Both of the Amendments have been signed by Ed Barrett, Path Dubois and Norm Heitmann and are in order to return to Lisa Lesperance. A copy of this Amendment No. 1 to Grant Agreement has been forwarded to the City Clerk's office to place with Counal Order #04-179 which was passed on June 14, 2004. Reference may also be had to Council Order #04-321 authorizing the appiiatloR for the funds. Enclosures pc Path Dubois, City Clerk`--- w/copy of enclosure SPAIN AGREEMENT PART I - OFFER Cate of Of -139 . STATE OF MAINE DEPARTMENT OF TRANSPORTATION STATE16 HOUSEO MAINE J33 0 ,a LAW ELM EALYANI LIFE A CAP SPAIN AGREEMENT PART I - OFFER Cate of Offer AveoeC 18, 2001 TO: city of ISMEN, (Hereinafter referred to as the •SPCEE OR') FROM: The State of Plaine (acting through the Depertment Of Ra nsportatton, Office of Passenger Transportation, hereinafter referred to as the 'DEPART4fflID'1 NREAEAE, the SPONSOR has Surnitted to the DFAMS SSEFR a Project aa -application or Ragaest for Aid involving a grant Of State funds for a project for CAN acquisition, construction, a tablishment. safety, eaymsion, improvement Or protection of the Magor antesmautirmal RirporC thereinafter called the •AIRPORT^). SNIPERS, the Me approved a project based upon this request for development of the AIRPORT (hereinafter called the "PRGTZFY'I consisting Of the folloving described airport development: Construct Airport South Perimeter AAAI Aumaay 15-33 Safety ASM Zv�iOVY®Ce. NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions of 6 M.R.S.A. 517.1, 17.9, and 518.1, and in consideration of (a) the SIMEENRIS acceptance of this Offer, as hereinafter provides and (b) the benefits to a e to the public from the accw®lishment Of the PROJECT Rad the operations and maintenance of the 231*017, as herein provided. THE MAINE DEPARTMENT OF TRANSPORTATION I5 AN AFFIRMATIVE NOTION . EQUAL OPPORTUNITY EMPLOYER 06-179 THE DEPMTIIGMt, FOR AND ON BEHALF OF THE STATE OF MAINE, HEREBY OFFERS AND AGREES to pay, as the State's share of costs incurred r accomplishing the prOjct, 2.5} percent of all approved project costa, subject to the following terms Rea conditions: 1. The maximum obligation of the State payable under this Offer 'shall be: Thirty -Five Thousand Five Beggared Sixby-Pour ($35,564.97) Dollars and 97/100. , 2. SPONSOR shall -- a begin accomplishment of the PECORCT within a reasonable time after acceptance of this Offer, and; b. Carry out and COVIete the PROJECT in accordance with the terms of this Offer, and; revised or modiflad with the approval of the OSPMTL®MP, d. Take necessary legal action to revoke any aid all existing non- utical rights of way or encumbrancesacross the landing strip and prevent the issuance of any further such permits or rights of way to cross said strip, and; ePursuant to 6 N.R.S.A., operate and maintain the AIRPORT and all facilities thereon or connected therewith which are necessary for airport purposes, and rut permit any activity thereon which would interfere with its e for aeronautical purposes except with the prior written approval of the McMT�Ttoand; f. Operate the AFReorsT 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 a of any land either within c outside the boundaries of theA3PYJRT in any cancer (including the construction, creation, alteration, or growth of any structure or other object thereon) which would Bate a hazard to the lending, taking off, or maneuvering o£' aircraft at the. AIRPORT, or otherwise limit the usefulness Of theAIRPORT. 3. The SPONSOR certifies that it holds property interests in the are of lana which are to be developed or used as a part of or mal connection with the AIRPORT. 4. the 6PON6OR shall keep an accurate accounting Of all casts incurred n the PROTECT and submit a copy of such accounting to the MCMmaROR upon its request for reimburement of such costa by the OEPMTDrexT. ' 5. This Offer shell expire and the State shall not be obligated to pay any of the costs of the PRWFCT unless this Offer has been accepted by the SPONSOR within sixty (60) days from the above date of Offer or such longer time as my be prescribed by the immesc RNP in writing. 6. The Sponsor agrees to conscientiously perform preventative maintenance o the completed PROTRCTand to make no application for State funds for repair or replacement Of the Facascr as a result of failure to perform such maintenance. LIABILITY! With respect t0 all operations performed by the COPHWPANP and my consultants, the CGdBOLTANT and any subconavlcmw shall carry commercial general liability or other coverage affording equal or greater protection a determined by the OPoNCR, in anrut not less than $1,000,000 per claim and $2,000,000 in the aggregate. Such policy shall include products and completed operations as well as contractual liability coverages. The contractual liability insurance o shall cover the Liability assumed by the CONBgegaarr under this agreement toindemnify,defend and hold harmless the Owner and its agents, representatives, Officers aid employees, with respect [ any ma all claims, a of action, representatives, officers and employees, with respect to any mall claims, causes Of action, losses, &OPPOSES or damages resulting in death, bodily Injury or property damage. and any subconsultants Shall e policy for a and o£ $1,000,000 per errors ma Out acts, errors or omissions person of antity for when the CtlaSOLTANT is legally liable arising out of the renditiw of services pursuant to this Agreement. TLAWSASS;APU I£NS[@IFIGATIOA: The CxgggfrtAMP is assumed to be familia with,And at all. times shall observe, and comply with all Federal and State laws, local by-laws, ordinances, and regulations inany manner affecting the conduct of work. The CONSULTANT shall hold hazmlesaand indemnify the UNTER and i officers, agents, representatives and employees from any and all negligent, Its and wanton, intentional, malicious or criminal acts and/or omissions arising out of the NNSgfRANT's perfozmmce of the work. 'Erie 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 a compl iahmmt of the Project and the operation and maintenance of the Airports Such Grant Agreement Shall became 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 can (10) years from the data of said acceptance. STATE OF MAINE Department of Trmaportation/ Office of Passenger Transportation Ey l V Ar D. Laney Airper Grant Adminis[ r W-1]9 PART II - ACCBPTANce The City Of Bangor does "hereby ratify and adopt all statements, representations, warranties, covenants, andagreements 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 10th_ day of August 20B . )SEAL) Py `awia"^a (I'�t✓N� City Manager After Titles ity Clerk /� CIERTIPICATE OF SPONSOR'S ATTORNEY I,,.{�, /� S. IM�w �. , acting an Attorney for the l{ A' ti .11 (herein referred to as `Spansor^) do hereby certify: That I have examined the foregoing Grant Agreement and she proceedings taken by said Sponsorrelatingthereto, and find that the Acceptance thereof is in all respects due and proper and further that, in my opinion, said Gent Agreement c natitutea a legal and binding obligation of the Sponsor in accordance with the terms. /� y Dated at �7 tea+ this e, day of 20 ( Tile