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Home My WebLink About2005-05-09 05-155 RESOLVECOUNCIL ACRON Item No. 05-155 Date: May Sir 2005 Item/Subject: Authorizing the City Manager and/or Airport Director to Accept and Appropriate a Grant in the Amount of $315,746 from the United States Government, Federal Aviation Administration and the State of Maine Department of Transportation for Stove Removal Equipment. Responsible Department Airport Commentary: This Resolve will accept and appropriate Airport Improvement Project grant funds available through the Federal Aviation Administration and the Maine Department of Transportation. These funds will be used to purchase Snow Removal Equipment. Federal Ponds will cover 95% of the cost. The State of Maine will cover 2 rh% and Airport 2 42 %for a total of $315,746.00. Rebecca L. Hupp Department Nand Manager's Comments: Recommend approval. 7d(vef City Manager Associated Information: A ti� Finance Director Legal Approval: Solicitor Introduced for _ Passage X First Reading _ Referral Page — of 05-155 (� •°fie ; Aneinaea to councilor O'Errico Nay 9, 2005 CITY OF BANGOR (TITLE.) Resolve, Accepting and Appropriating Grants from the Federal Aviation Administration and the State Department of Transportation for Snow Removal Equipment 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 WHEREAS, the Federal Aviation Admimstratrion 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager is hereby authorized to accept gram from the Federal Aviation Administradan and the State Department of Transportation for Snow Removal Equipment at Bangor Imernational Airport under Airport Improvement Program (AIP) Project 3-23-000541- 2005; and BE IT FURTHER RESOLVED THAT There is hereby appropriated within the Airport Fund the amount of $315,746 recognizing these state and federal gram funds and the purpose for which they have been received. The Finance .Director is hereby authorized -to place -Mese amounts within the appropriate accounts.- - - -- INCITYWMEIL Hay 9. 2005 First Headind� $a �� (� nBPaaT' cxls k IN CTTP WWCIL May 23. 2005 Motion Made and Seconded far Passage Passed A�,, y .r�U�.tvr.w &LUAAcSnA neeox: axe cLeee Y 05-155 SaLvd (MLE.l Accepting and Appropriating 4rmt Prom the Federal Aviation Pdvdn of [ration add the State,0epartment of Transportation for soon ee®vaz egmp aut at leader Intetastiopal Airport Assigned to Councilor 7b Iw'U,/w� f &WN6L STATE OF MAINE DEPARTMENT Of TRANSPORTATION 16 STATE HOUSE STATION AUGUSTA. MAINE JOHN GAS BNOSCM May 18, 2005 Ms. Rebecca Hupp, Airport 1Mctor Bavgor Iv[emadonal Airport 287 Gadfrey Boulevard Bmgor,Maine04401 / VI£ MUM 05-155 DANDACOLE -�I am pleased to advise you Nat on May 13, 2005, David A. Cole, Commissioner, MDDT approved your request for State funds and allocated $7,894.00 as the State's share to acquire Snow Removal Equipment (front and loader with burls[ and 30 foot wide snow plow) at the Bangor International Airport. Enclosed please find an original and four copies of the (mint Agreement for the Project No.SA 1L1W341(45). Part 11-Acceptame shouldbe completedbythe City of Fluor and fomcoples of themiginal grant offer and acceptancereturned to me m soon as possible. H you love any questions, please give me a call at 621-3254. Sincerely, Nancy ey A , Ai Airports t Admirdatm er Office Pas rportspmle[ion Bncls. 05-155 STATE OF MAINE DEPARTMENT OR TRANSPORTATION 16 TION STATE AUGUSTA. MAINE A NE (16 JOHN EUS SoMmod daH)kGdE GRANT AGREEMENT PART I - OFFER pate of Offer May 13, 3003 Project No. 6AID11.1003-41(45) Bedgeor International Airport TO: city of DeWOr (Hereinafter referred to as the "SPOMEDR') FROM: The State of Maine (acting through the Department of Transport , Office of Passenger Transportation, hereinafter referredtothe `OPYAWHOMiP') WHEREAS, the EPOWSOR has submitted to the DRPARTIPM aProject Pre -application w r Request for Aid i lving a grant of State funds fora Project for the acquisition, construction, establishment, safety, esryansion, improvarent or protection of thea or International Airport (hereinafter called the •AUEPQRT') . NDERERS, the MISIMMURCE has aPPYOVed a project based upon this regueSt for development of the AIRPOES (hereinafter called the `PROJECT-) consisting of the following described airport development: Acquire Pow Rival equipment (foot end louder with bucket and 30 foot wide sugar plw). NOW TXEAEFOAE, pursuant to and for the purpoaes Of CarryinSl out the provisions of 6 m R.E.A. 517.1, 17.9, and 515.1, and in cOnSideratiOn of (a) the EPQNEOR'E asceptance 0£ this Offer, as hereinafter provides and (b) the benefits tos accrue to the public from the aCCwmpliRbment c£ the PRP7eCT and the operation And maintenance of the AVRORC as herein provided. Is AN AFFIRMATIVE ACTION . EQOAL OPPORTUNITY EMPLOYER 05-155 THE DEPARTl4'[ft', FOR ANT) ON BEHALF OF THE STATE OF MAINE, HEREBY OFFERS AND AGREES to pay, as the State's share Of costs incurred in accomplishing the project, 3.5% percent of all approved project costs, subject t0 the following terms and conditions 1. The vw:imum obligation of the State payable under this Offer shall be: Bevin Thousand Eight grained W am M,696.00) Dollars and 00/100. ]. SPONSOR shall - a. Begin a coWWlishmst of the PgPiECT 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 PAOOBCT in accordance with the plans or sketches and specifications as apprwad by cue or as they say he revised or modified with the approval of the nE EgRaiT, and; d. Take n asary legal action to revoke any and all existing mon- aeronautical rights of way or encumbrances across the landing strip and prevent the issuance Of any further such permits or rights of way to Coosa said strip, add; en rata: to 6 M.R.S.A., operate and maintain the AIRPORT and all facilities thereon o netted therewith which are necassaxy for airport purposes, and not permit aay activity chereck which would interfere with its Can for aeronautical purposes except with the prior written approval of the BEPAR14®nT and; f. Operate the AIRPORT for the use and benefit Of the public an fair and reasonable terms without unjust discrimination,. and g. Insofar as ia 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 tender (including the construction, creation, alteration, or growth of any structure or Other Object thereon) which would Bate a hazard to the landing, taking off, or menwevering of aircraft at the AIRPORT, or otherwise limit the usefulness of the AIRPORT.- _ i. The SP.ONEOR certifies that it holds property interests i the areas of land which are Co he 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 n the PAOc JECT and submit a copy of such accounting t0 the DEPARTIOR' Pupon its epuest for reimbursement of such costs by the meARTxmiT. 5. This Offer shall expire and the State shall not be obligated to pay any of the coats of the PROTECT unless this Offer has been accepted by the SPONSOR within sixty (60) days from cue aEove date of Offer or such longer time as may be prescribed by the naeERvwWe'in writing.- ' 6. The Sponsor agrees to conscientiously perform preventative maintenance on the com®lsted PROJECTandt make no application for State funds for repair or replacement Of the PROJECT as a result of failure to perform such maincemance. osis LIARTLIM With respect to all operations performed by the CM=LT= add any SUUcovBultan[S, the CONEPLfANT and any Subsonsultants shall carry commercial general liability or other coverage affording equal or greater protection a determined by the OWNER, in anamount 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 idshall cover the liability assumed by the MasuzTANf under this agreement tonindemnify, defend and hold harmless the Owner and itagents, rapers thrives, officers and employees, with respect to any add all claims, Causes of action, representatives, officers and employees, with respect t0 any and all claims,causes of action, losses, services or damages resulting in death, bodily injury or property damage. PROFESSIONAL LIABILITY INSURANCE The CONSOLIlIR and any subconsultants Shall purchase and maintain a Professional Liability in a policy for e a and missions test provides m mu, liability coverage f $1,000,000 per claim and actual aggregate. this policy shall cover negligent: acts, a se oua y bthe CeA11 and subcousultants engaged by commultant and day other person or entity for whom the CCNSOLTANl is legally liable arising out of the rendition of services, pursuant to this Agreement PAMILSHRITY NITB LANs END RPIGTION: The CONBOLLANT is asflumed to do familiar with, and at all times aFll observe, and comply with all Federal and State laws, local by-laws,ordinances, and regulations in any vesper affecting the conduct of work. The CodsuuANT shall hold harmless add ingenuity the OWNER and its officers, agents, representatives and employees from mey and all negligent, willful and waneon, intentional, malicious or criminal ac a and/or omissions arising out of the cogsmxaxT•a performance of the work. The Sponsor's acceptance ofthisOffer shall be evidenced by na ution of this ustrumeat by the Sponsor, as hereinafter provided and said Offer and acceptance Shall comprise a Grant Agreement constituting the obligations oldl rights of the State and the Sponsor wl th respect to the accompliahment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall besides effective upon the Sponsor's acceptance of this 0££er 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 frdm the date of said acceptance. STATE OF MAINE Department of Transportation/ Office of Passenger Transportation Z 0x&47 EY N ey O. Laney AiipoiL grant Administrator PART II - ACCEPTANCE The City of Bangor does hereby ratify and adopt all - statesenter representations, warranties, c and agreements contained n the Project Application and aicorporated materials referred to in Us foregoiTg Offer aid does hereby accept said Offer and by such acceptance agrees to all�of the terms and conditions thereof. Executed this 23rd day of May mo 05. City of Bangor o¢`expp&" iNone of Sponsor 4&b,4d §IC_IC ¢ "p `` �� ``nn mitlxle City Manager enA xe sr4CA\LI 'r jgrrzIepuey city Clerk CERTIFICATE OF SPONSOR'S ATTORNEY i,- Noxman B. Heitmaxm, III acting as Attorney for the City Of RAPgor (herein referred to as °Spon r•) do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the A Ceptance thereof is in all respects due end proper and further that, in us, opinion, said Grant Agreement constitutes a legal a binding Obligation Of the Sponsor in accordance with the terms. Dated at Bangor. Maine this 23rd day of MAY , 2005, rity a Title 4 os -155 1 MEMORANDUM May 23, 2005 TO: Sharon Geagan, Administrative Assistant FROM: Terri Corey, Legal Assistant RE: DOT Grant Aareement— SAIP Proiect No. 11.1003-41(45) Enclosed are the five original DOT Gant Agreements for Project No. SAIP11.1003-01(45) which have been signed by Ed, Norm and Sue Mitchell. This Agreement is for the acquisition of snow removal equipment. Reference: Council Order #05-155 passed by the Bangor City Council on May 9, 2005. 7 .Enclosures pc: City Clerk