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
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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
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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