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HomeMy WebLinkAbout2005-10-12 05-330 RESOLVECOUNCIL A Item No. ff.ri :�. Date: October 12, 2005 Item/Subject: Resolve, Accepting and Appropriating Grants from the Federal Aviation Administration in the amount of $219,545 and the State Department of Transportation in the amount of $6,277 for a Terminal Area Study at Bangor International Airport Responsible Department: Airport Commentary: The City wishes to accept Airport Improvement Project grant funds available through the Federal Avlabon Administration and the Maine Department of Transportation. These funds will be used for a Terminal Area Study. The study will examine space allocation within the edsBng terminal and the best potential for space reuse/expansion should there be sugitlent demand. The study will also look at other issues to include compliance with the Americans with Disabilities Act and providing resuooms beyond the security checkpoint. This study is necessary to allow the Airport to apply for federal funding for any future terminal renovatiom. Federal funds will cover 95% of the cost. The State of Maine and the Airport will each cover 2 Y: %of the cost of the study. Rebecca L Hupp Department Need �', !. \•. Associated Information: Budget Approval: r Legal Approval: M Jr 11 Introduced for - Passage X First Reading l• Referral to Finance Committee 10-17-05 @ 5 p.m. Page_of_ Assigaca to noon=isor sty 05 330 CITY OF BANGOR (TITLE.) Resolve, Accepting and Appropriating Grants from the Federal Aviation Administration in the amount of $219,545 and the State Department of Transportation in the amount of $6,277 for a Terminal Area Study at Bangor International Airport. WHEREAS, The CiWs applications to the Federal Aviation Administration and the Maine Department of Transportation for Airport Improvement project grant funds W 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 cast of the project with an additional 2.5% caning from the State of Maine and 2.5% from the Airport Revenues, BEITR60LlW BY"EQFYLYHAVGL OFTHEaTYOFB4AW& THAT the City Manager is hereby authorized to accept the grants from the Federal Aviation Administration and the State Department of Transportation in the amount of $225,822 for a Terminal Study at Bangor International Airport under Airport Improvement program (ATP) Project 3-23-0005-42-2005; And BE IT FURTHER RESOLVED THAT There is hereby appropriated within the Airport Fund the amount of $225,822 recognizing these 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 CITY COUNCIL October 12, 2005 Phot Heading Referred to Bfaance Commoree Tf Cf.R9P. IN un COUNCIL October 26. 2005 Notion baa and seconded for Passage Pasded # 05-330 H RROLPR MsignedtoCowncfler 5-f" UY�t� e'er 05-330 AT£ OP MAINE _ DEPARTMENT OF TRANSPORTATION 16 STATE HOUSE STATION AUGUSTA MAINE .e JOHN ELPAS SAlveXa DAVID A IDEA September 27, 2005 Ms. Rebecca Hupp, Airport Director Bangor lntematicnal Airport 287 Godfrey Boulevard Bangor,Vpp Dear I ade pleased to advise you that on September 21, 2005, David A. COTe, Commissioner, -MDOT approved your request for State finds and allocated $6,277.00 as the State's share for Terminal Area Study at the Bangor International Airport. Enclosed please find an original and four copies of the Grant Agreement for the project No.SA11N11.2003-42(46). Pang- Acceptance should be completed by the City of Bangor and all copies retuned to me within 60 days of Reis offer, Once the Agreement is fully execated,I will forward a copy for your files. If you have any questions, please give me a call at 624-3254. Sincerely, y. , r antA Idstmtor ass Officeof mger Transporce�'L n' / Encls. THE MAINE DEPARTMENT 07 TRANSPORTATION 18IRMATNT ACTION. EQUAL OPPORTUNITY EMPLOYER BS -330 STATE OF MAINE DEPARTMENT OF TRANSPORTATION 16 STATE HOUSE STATION AVGOETA, MAINE 330016 ARM NOR BAUVACIA AoVa)kQdE - GRANT AGREEKEPH PART I - OFFER Cate of Offer Rep[embet 31, 2003 Project No. 8AIP11.]003-4](46) Manor International Airport TO: City of Eeaeax (Hereinafter referred to as the •SPON80R-) PRON: The State of Maine (acting through the Department of Transportation, Office of Passenger Transportation, hereinafter referred t0 as the "ZMFPARTPRNL') WHEREAS, the SPONSOR has submitted to the DBPARTMH}l a Project Pie -application or Request for Aid involving a grant of State funds for a project for the acquisition, construction, establishment, safety, expansion, improvement or protection of the Bangor International Airport (hereinafter called the `AIRPORT'). WHEREAS, the MPARTM8N1' has approved a project based upon this request for development of the AIRPORT (hereinafter called the -PROTECT-) consisting of the following described airport development: Terminal Area study. NON THEREPORE, pursuant t0 and for the purposes of carrying out the provisions of 6 M.R.E.A. 417.1, 17.9, and 418.1, and in consideration of (a) the SPONSOR'S acceptance of this Offer, as hereinafter provides and (b) the benefipe tto'f}ccrue t0 the public from the accomplishment of the'PROTCCP and the opeiabfoia and maintenance of the AIRPORT, as herein provided. TOE MAINE DEPARTMENT OF TRANSPORTATION 19 AN AFFIRMATIVE ACTION 05-330 THE DEPARENEWs, FOR AN) ON BEHALF OF. THE STATE OF PAWS, HERESY OFFERS AND AGREES to, pay, as the State's Share of costs incurred in accomplishing the Project, ¢_5% percent of all apProved project costs, subject to the following terms and conditions: 1. The merclawas obligation of the State payable under this Offer shall be: Six mhoosandow0 esndeed ($6,277.00) Dollars Adel 001100. 2. SPONSOR shall - a. Begin accomplishment of the PPGGECP within a reasonable time .after acceptance of this Offer, and; b. Carry out and complete the PRgaCT in accordance with the tern, of this Offer, and; - C. Carry out and complete the PROdaCT in accordance with the plans or sketches and specifications as approved by the DEPANdkdagT'or as they may be revised or modified with the approval of the DRPAATFSDT, and; d. Take necessary legal action to revoke any and all existing non- autical rights of way or encumbrances across the lending strip and preventun the issuance a o£ any further such Permits or rights of way t0 cross prestrip, trip, and; aPursuant t0 6 H.R.S.A., operate and maintain the AIRPORT and all facilities thereon or connected therewith which are necessary for airport Purposes, and not permit any, activity Thereon which would interfere with its '$a for aeronautical purposes except with the prior written approval of the DEPAE E20o and; f. Operate the AIRPORT 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 landeither within or outside the boundaries Of the AIRPORT in say manner (including the c nstnetion, creation, alteration, or growth Of any structure or other object thereon) which would create a hazard tO the leading, taking off, or f aircraft at the IR APORT, or otherwise Irwin the usefulness of the AI 0 3. The SPONSOR certifies that it holds Property interests n the areas of land which are to he developed or used as a par[ of or in connection with the AIRPORT, 4. The SPONSOR shall keep an accurate accounting of all costs incurred c on the MCGOGT and submit a copy Of such accoutring to the DaeAR1# SYP upon its request for reimbureement of such costs by the meARTe¢NT. 5. This Offer shall expire and the State shall not be obligated to pay az;, Of the costs of the PROJECT unless this Offer has been accepted by the SPONSOR within sixty (60) days from the above date of Offer or such longer time as may, tef brescribed by the DEPARTNHiT in writing. 6. The Sponsor agrees to conscientiously pexforse preventative en the cleted Paassecp and to make no application for State funds for wap repair o replacement of the PaurzCe as a result of failure to Perform such maintenance. 05-330 LIABILITY; With respect to all operations performed by the COmS12mTNT and any Subconsultants, the COdN SOLTAm and airy Subconsultants shall carrycommercial general liability or other coverage affording equal or greater protection a determined by the OWNER, inanan amount not less th$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. Toe contractual liability insurance shall cover the liability. assumed by the CONSVvl'AttT most this agreement to indemnify, defend and hold harmless the Owner and its agents, representatives, Officers and employees, with respect L any and all claims, causes of action, representatives, officers and employees with respect to any and all claims, causes of action, losses, expenses 0 damages resulting in death, hodily injumv or property damage. PROFESSIONAL LSA5lLITY INSURANCE The COl16VLTANT and any subconaultants shall purchase and naiutain h rofessional Liability Insurance policy for errors and Omissions that Provides minimum liability coverage of $1,000,000 Her claim and ual aggregate. This policy shall cover negligent acts, by the COgSVLT TAMand subconsultents engaged by c sultan and any other srns _ Person Or entity for whom the COS OLPANT is legally liable arising out of the rendition of services pursuant to this Agreement PNILIAEITY WIFE LAID$ AVO Ian@piFICATiON: The CONSULTANT i assumed to be. peculiar with, and at all times shall observe, and comply with all Federal and State laws, local by -lams, orcliannCes, and regulations in any manner affecting the conduct Of work. The CON3OI2ANT shall hold harmless and indemnify the OwShR and its officers, agents, representatives and employees from any and[ all negligent, willfulandwanton, intentional, malicious Or criminal acts cad/or Omissions arising out of the CtltlSOLTANT's performance of the work. The 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 constitution the obligations and rights Of the State and the Sponsor with respect to the accomplishment omplishment of the azm PCOject and the operation and maintene of the Airport.Such Grant Agreement shall become 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 bot in any event not to exceed ten (10) years from the date of said acceptance. STATE OF MAINE Department Of T anspoitation/ Office of Passenger Transportation 8Y Nancy D. Laney Airports Giant Administrator Dated: PART II - ACCEPTANCE The does hereby ratify and adopt all acatementa, Sevres distinct, w ancI a, cooenad s dad agreements contained in the Project Application and incorporated materials referred t0 in the foregoing Offer and does herebycept said Offer and by such acceptance agrees to all of the terms and conditions thereof. kbcecuced this 3rd day of November 2005 City of Bangor CERTIFICATEOFSPONSOR'S ATTORNEY I, Norman S. Heitmavm, III , acting as Attorney for the City of Balbach (herein referred to as •Spossor°) as hereby certify: That I have ex inea the foregoing Grant Agreement and the proceedings taken by said Sponsormrelating thereto, 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 in accordance with the terms. Dated at Bangor this 3rd aav of November d0 05 Title 4 05-330