HomeMy WebLinkAbout2005-03-14 05-100 RESOLVECOUNCIL, ACTION
Item No. os-rnn
Daft: March 14, 2005
Item/Subject: Resolve, Accepting and Approriating Grants from the Federal Aviation
Administration and the State Department of Transportation for Constructing a De-icing Fluid
Collection System at Bangor International Airport .
Responsible Department: Airport
Commentary: Increasing environmental avre ness of deicing fluid used at airports for
deicing operations has triggered the Bangor International Airport to undergo the
construction of a multi -phased deicing fluid collection sysytam. The total cost of the
project is $1$84,222.00, the Federal portion is $1,315,010.90, State and City portion is
$34,605.55. The City's portion is on the Airports budget.
Rebecca L. Hupp
Department Hand
Marn�ager's Comments:
FatA+*�r o�waQ . j7,1Nn.ww.��elrwawe G' "`" City Manager
Associated Information:
Budget Approval:
A., raZ_
Finance Director
Legal Approval:
City Solicitor
Introduced for
Famage
X First Reading
T Referral to Finance Committee 121-05
page_of_
05 -loo
March 14. 2005
Assiuned to councilor esehvell
a. CITY OF BANGOR
F
(TITLE.) Resolve, Accepting and Approriabng Grants from the Federal Aviation Administration
and the State Department of Transportation for Constructing a De-icing Fluid Collection System
at Bangor International Airport.
WHEREAS, The City's applications to the Federal Aviation Administration and the Maine
Department of Transportation for Airport Improvement Project grant funds to make
Improvements to the infrastructure at Bangor International Airport have been
accepted, and the Federal Aviation Administratrion and the State of Maine have
agreed to provide the funds; and
WHEREAS, Federal funds will cover 95% of the cost of the project with an additional 2.5%
coming from the State of Maine and 2.5% from the Airport Revenues,
BEITRESUVED BYTHECITYC"XR OFTHECIIYOFBANW&, 71/47
the City Manager is hereby authorized to accept the grants from the Federal Aviation
Administration and the State Department of Transportation far constructing a De -Icing Fluid
Collection System at Bangor International Almort under Airport Improvement Program (AIP)
Project 3-23-0005-40-2005; and
BE IT FURTHER RESOLVED THAT
There is hereby appropriated within the Airport Fund the amount of $1,384,222 recognizing the
state and federal grant funds to be used for this project. The City Finance Director is hereby
authorized to place these amounts within the appropriate accounts.
m CTTY COUNCIL
March 16, 2005
nrst Reading
Referred to the
Fiw4d Co®�tttee
dN m "VVi
IN CIW COUNCIL
March 28, 2005
Motion Made and Seeonded
for snag¢
p s d
zl
T4
y 05-100
RR S OL V
�tITLN'I Accepting and pppropriatiog Grants
'Fr une reaerel AVIatIO Ac�lStfa a
and the State Oepartmeat of Transportation
System at Bangor Interoational crlw
A rport
05 -100
STATE OF MAINE
DEPARTMENT Or TRANSPORTATION
16 STATE HOUSE STATION
AUGUSTA, MAINS
04333-0016
JOHN ELSE BROMPOI OWADA,OOLE
GRANT AGREEMENT
PART I - OFFER
T0: City of Bancei
(Hereinafter referred to as the "SPONSOR')
PEON: The State Of Maine (acting through the Department Of
Transportation, Office of Passenger Transportation, hereinafter
referred to as the 'FSP ARTI®iT')
WHEREAS„ the SPONSOR has submitted to the MPARTNENP a Project Pie-applicati On
r Requtst for Aid involving a grant of State funds for a project for the
acquisition, construction, establishment. safety, expansion, improvement or
protection of the Senor International Airport (hereinafter called the
AIRwaT^). -
WHEREAS, the assmucamor has approved a project based upon this request for
development of the AIRPORT (hereinafter called the •PROBIX'T-) consisting Of
the following described airport development
Construct Ib -Icing wastewater Collection and Disposal Systeu, Phase II.
NOW THEREFORE, pursuant to and for the purposes Of carrying out the provisions
of 6 V. R. S. A. all. 1. 17. 9, and 918.1, and in consideration of (a) the
SPONSOR'S acceptance of this Offer, as hereinafter provides and (b) the
benefits to a the public from the accomplishment of the PROJECT and
the operations andmaintenance
ntenance of the AIRPORT, as herein provided.
THE MAINE DEPARTMENT OF TRANSPORTATION I9 AN emRMASNR AMION -EQUAL OPPORTUNITY EMPLOYER
Date
Of
Offer March 31,
3005
Project
No.
SAIP11.1003(4S)
Bangor
International llrHort
T0: City of Bancei
(Hereinafter referred to as the "SPONSOR')
PEON: The State Of Maine (acting through the Department Of
Transportation, Office of Passenger Transportation, hereinafter
referred to as the 'FSP ARTI®iT')
WHEREAS„ the SPONSOR has submitted to the MPARTNENP a Project Pie-applicati On
r Requtst for Aid involving a grant of State funds for a project for the
acquisition, construction, establishment. safety, expansion, improvement or
protection of the Senor International Airport (hereinafter called the
AIRwaT^). -
WHEREAS, the assmucamor has approved a project based upon this request for
development of the AIRPORT (hereinafter called the •PROBIX'T-) consisting Of
the following described airport development
Construct Ib -Icing wastewater Collection and Disposal Systeu, Phase II.
NOW THEREFORE, pursuant to and for the purposes Of carrying out the provisions
of 6 V. R. S. A. all. 1. 17. 9, and 918.1, and in consideration of (a) the
SPONSOR'S acceptance of this Offer, as hereinafter provides and (b) the
benefits to a the public from the accomplishment of the PROJECT and
the operations andmaintenance
ntenance of the AIRPORT, as herein provided.
THE MAINE DEPARTMENT OF TRANSPORTATION I9 AN emRMASNR AMION -EQUAL OPPORTUNITY EMPLOYER
05-100
THE D@AATMENT, PoX AMO ON AENALP OF THE STATE OF MINE, X RSEY OFFERS AND
s
AGREES to pay, s the State's Share of c red i acdamplishing the
project. 2_5% percent of all approved project costs, subject to the following
terms and Conditions:
1. The sentinels obligation of the State payable under this Offer shall
be: TRirt -Sia Il Ousao9 your Hundred Twenty -Swan ($36,459.00) Dollars add
00/100.
2. SPASM SM11 --
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;
0. Carry out and complete the PROJECT in accordance with the plans
-
sketches and specifications ad approved by the DBPARTI®iT or as they may be
.revised or modified with the approval of the and;
d. Take necessary legal action to revoke any and all existing son -
aeronautical rights of way or acembrances across the landing strip and
prevent the issuance of any further such permits Or rights of way to cross
said strip, and;
Furman, to 6 M.A.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
e for aeronautical purposes except with the prior written approval of the
DEPAEYI®Ts. and;
f. Operate the AIRPOm'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 AIRPMm in any center (including the construction, ceation,
alteration, or growth of any structure o other object thereon) whichwould
sate a hazard to the landing, taking off, ormaneuvering of aircraft at the
AIAPOET,.o otherwise limit the usefulness oftheAlRPORZ
3. The SPONSDR certifies that it holds property interests in the miens
of land which are to be developed or used as a part of or in connection with
the AIRPORT.
4. The SPONSOR shall keep an accurate accounting of all costs incurred
On the PROJECT end submit a copy of such accounting [ the DEPAIMMIRT upon its
request for reimbursement of such coats by the
5. This Offer shall expire and the State shall not be obligated to pay
any of the costs o£ the PROJECT unless this Offer has been accepted by the
PONSOR within sixty (60) days from the above date of Offer or such longer
time as may be prescribed by the DEPAATMOSl in writing.
6. The Sponsor agrees to conscientiously perform preventative
maintenance On the completed PRagamr and to make no application for State
funds for repair or replacement of the PR0.RCT as a result of failure to
perform such maintenance.
LIABILITY; With respect to all operations performed by the COvevl@AgP and any
Subconsulaants, the WEstamede and any Subcoasultants shall carry franswercial
general liability or Other Coverage affording equal or greater protection a
determined by the OswRR, in ane not less than $1,000,000 per claim and
$2,000,000 i the aggregate. Such policy shall include products and Completed
operations as well as contractual liability coverages.
The contractual liability insurance shall cover the liability assumed by
the CONSVLfd9T under this agre o indemnify, defend and hold harmless the
Owner and its agents, repesentaeivesofficers and employees, with respect to
my and all claims, = of a representatives, officers and employees.
with respect c any art claims, c of action, losses, expenses or
damages resulting in death, bodily injuryorproperty damage.
PROFESSIONAL LIABILITY ]MC RANGE The CONESTES tlT and any subcsnsultante shall
purchase and maintain a ig�Frofessiowl Liability insurance policy for a and
omissions that provides minimum liability coverage uo£ $1,000,000 per Claim and
annual aggregate. This policy shall cover negligent acts, errors or emissions
by the CONSULTANTand subconsultants engaged by Consultant and any other
per entity for whom the CWiSWN• TAis legally liable arising out of the
rendition or
pursuant Co this Agreamanc.
FAMILIAAITT NITS LPWS AND INOEMNUICBTION: The COtlEVLTAFT is
assumed to be
am
filiar with, and a all [ shall observe, and comply with all Federal and
State laws, local bylaws, ordinances, and regulations inany ma affecting
the conduct of work. The CONEOYfANT Shall hold harmless and inflemnffy the
OWNER said its officers, agnts.- representatives and employees from any and all
negligent, willful and wanton, intentional, malicious o nal acts and/or
missions arising out of the CON=MNNT'S performance of the work, t
The Sponacceptance 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 c nstitutirsi 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 Each Grant
Agreement shall become effective upon the Spanaoros 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 dere of said acceptance
STATE OF MAINE
OeparimanC of Transportation/
' Office of PassengerTransportation
Ry544
Nopty D.Lone
AirperL&4 Grant Administrator'
3
05-100
PART II - ACCEPTANCE
The Citm of does hereby ratify and adopt all
acacemea ne=aP a aavciee, t an is, and agrennents contained
in the Project Applicationandi corporatedVmaterials 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.
Pgecuted this 20th day of
Ciy of Ba goz
2iz t
Name Of Sponsor
Ry Edward a Barlett
Tine City Manager
CERTIFICATE OF SPONSOR'S ATTORNEY
1, Nnmmn C Ncifmann TIT acting as Attorney for the
City of $angOi (herein referred to as "Sponsor-) do
hereby certify: -
. Tha G.E have examined the foregoing Grant Agreement and the proceedings. taken
1 by said Sponsorrelatingthereto, and find that the Acceptance thereof is
in
all respects due and proper and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor i
accordance With the terms.
Dated at Ra gores Mains. this 211th day of April , top$_.
ity solicitjr,
Title
STATE OP MAINE
DEPARTMENT OF TRANSPORTATION
16 STATE HOUSE STATION -
AUGUST MAINE
JOHN UPS SAM l
April 12, 2005
Ms, Rebecca Hupp, Airport Director
Bangor Airport
287 Godfrey Boulevard
Bangor, Maine 0440y'
�'/�hIJ�IP� ✓l✓
Dea
Zd'tlS. H�sp..
I am pleased to advise you Naz on lvtarcb 31, 2005, David A. Cole, Commissioner,
IvIDOT approved your request for Smte fuvds andslloceted$36,427.00 asthe State'ssbareto
construct De loivg Wastewater Collecden and Disposal System at the Bangor International
Airport
Enclosed please find an original and four copies of the Grant Agreement for the Pryeet
No.SAIP11.10W3 (45). Part E- Acceptance sbouldbe complebedby the City of Baneor and
four copies of the original grant offer and acceptance returned to me as soon as possible.
If you have any questions, please give me a call at 624-3254.
Sincerely,
Nancy D ey, Airports
Ofcert
asennt Administrator
rta m
End&