HomeMy WebLinkAbout2004-07-12 04-222 RESOLVE_COUNCIL ACTION
Item No. 04-222
Date: July 1, 2004
Responsible Department: A'nport
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 relocation of rotating Beacon
and Security Enhancements that totals $529,146. The Federal funds available for this
project will fund 95% of the project with the State of Maine covering 2.5%. Local share
of the cost will be 2.5% or $13,228.65 and is in the FY04 budget.
This project is a continuation of the needed improvements to the infrastructure of the
Airport.
Rebecca Huno
Airport Director
Manager's Comments:
a0117mm4lr vow/ urs"
City Manager
Assocd Information:
rZ
Legal Approval:
ity Solicitor
Introduced for
Passage
X First Reading
X Referral to Finance Committee
an -222
IDXAAeeignm to councilor Men July 12, 2006 CITY OF BANGOR
(TITLE.) Resohrc, Accepting and Appropriating Grants from the Federal Aviation Administration
and the Maine Department of Transportation for the Relocation of Rotating Beacon and Security
Enhanc2mems at Bangor International Airport, Airport Improvement Program (AIP) Project No.
3-23-0005-38-2004.
WHEREAS, The City Council by Council Order 04-162 authorized the City Manager to apply for
gram funds from the United States, Federal Aviation Administration and the State of
Maine, Department of Transportation for relogtlng an airport rotating beacon,
installing a new airport access control system, Installing a new CCTV security
system, and constructing a perimeter security system; and
WHEREAS, the City has recelved said funds; and
WHEREAS, the City Manager has accepted said funds under Airport Improvement Program (AIR)
3-23-0005-38-20D4.
NOW, THEREFORE, BE rr RESOLVED BYTHE CITY COUNCIL OF THE CITY OF BANGOR,
That the City Managers acceptance of the United States Government Federal Aviation
Administration and the State of Maine, Department of Transportation grants for the airport
rotaing beacon, access control system and security systems at Bangor international Airport,
under AT Project No. 3-23-0005-38-2004 is hereby ratified and affirmed.
And be it fuller
RESOLVED,
That there is hereby appropriated within the Airport Fund the amount of $529,146 recognizing
state and federal grant funds and Airport Department budgeted funds be be used for said
project.
The City Finance Director is hereby amhonzed to place these amounts within the appropriate
accounts.
IC UW W➢ IL
July 12. 2004
Pirst,mading
Referred co�S[Cee
cI egg
TN CTR WDMCIL
July 26, 2004
MOtfon Made and seconded
forrPassage
Passed
C CLfl4
p o4-222
ggsol.LVE
IThLE )Mceptiug avd Approprfatfvg Grants
£ tee n ane
the Main¢ Department of Transportation for
EnLanceaents at Bangor International Airport,
Airport I®roaememt Program (AEP) Project
No. 3-2}0005-38-2004
Assigned to Councilors
CO
04-323
STATE OF MAINE
DEPARTMENT Of TRANSPORTATION
16 STATE MOUSE STATION
06333.00161NE
GRANT AGREEMENT
PART I - OFFER
Date Of Offer August 18. 2084
Project NO. MIP11.8003-38(43) Isampor International Airport
TO: Mof Bangor
Ixereinafcer referred to as one ^SPox9DR)
PROM: The State of Maine (acting through the Department of
Transportation, Office of Passenger Transportation, hereinafter
referred to as the •MPM WP')
WHEREAS, the PRIWPOR has submitted to the D['PMTIRW a Project Pie-applicatiOn
r Request for Aid involving a grant of State funds for a project for the
acquisition, construction, establishment, safety, expansion, improvement Or
protection of theta r International Airport (hereinafter called the
MReoxm•).
WHEREAS, the peP"T M has approved a project based upon this request for
development of the AIMORIP (hereinafter called the `PROJSCP') consisting Of
the following described airport development:
Relocate Airport Rotation BeassnG 88curitP Eohencwot t.
NOW THEREFORE, pursuant to and for the purposes of carrying out the provisions
of 6 n E.S.A. §17.1, 17.9, and §18.1, and in consideration of (a) the
SIREMOR•9 acceptance of this Offer, as hereinafter provides arW (b) the
benefits t0 a o the public from thea omplishment of the PROJECP and
the Operation and maintenance Of the AIRPORT, as herein provided.
V
THE MAINE DEPARrmavf OP TRANSPORTATION 15 ANPAFFIRMATIVE ACTION. EQUAL OPPORTUNITY EMPLOYER
THE DEPARTM®i'l. FOR AND ON BBNALP OF THE MET OF MAINE, HEREBY OFFERS RED
AGREES to pay, as the State's share of costs incurred In accomplishing the
project, 325% percent of all approved project costs, subjectto the following
terms and conditions:
1. The maximum obligation of the State payable under this Offer shall
be: Eleven Thousand Nine 6utWrad Twmty-Four (511:934.50) Mllare and 50/100.
3. SPOHFOR shall --
a. accomplishment of the PRai within a reasonable time
after acceptance of this Offer, and;
b. carry Out and complete CM PAOamcr in accordance with the terms
of this offer, and;
I. Carry out and complete the TRANSMIT in acc,rdmice with the plans
or sketches and specifications as approved by the gs;? ATEBRT or as they may be
revised Or modified with the approval Of the naeARx;®1'r, and:
d. Take necessary legal action to r yoke any and all existing mn-
flutical rights of way or encumbroces across
the landing strip and
preesta the issuance of any further such permitsor rights of way to cross
said scrip, and;
aPonT
Pursuant to 6 M.R.S.A., operate and mintain the AIRand all
facilities
thereon o ected Hecuarith which a necessary for airport
purposes, and not permit any activity thereon which would interfere with its
e fora nautical purposes except with the prior written approval of the
PARIW6VProand;
.
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 land either within or outside the
boundaries of the AIDPORT in any monner (including the construction, creation,
alteration, or growth of any structure or other object thereon) which would
sate a hazard to the landing, taking off, ormaneuvering of aircraft at the
ArRPnce, or otherwise limit the usefulness of the AIRPORT.
3. The ePORBat certifies that i0 bolds property interests in the areas
of land which are to be developed or used as a part of or in connection with
the AIRPORT.
4. The 8POw80R shall keep an accurate accounting of all costs incurred
on the PRWECT and sutmit a copy of such accounting to the DEPARTYSNf upon its
requestregsr for reimbursement of such coats by the ow^PAR2:miP.
5. This Offer shall expire and the State shall not be obligated to pay
any of the Goats of the PAOaECl unless this Of£ee has been accepted by the
SPONSOR within s1My (60) days from the above date of offer of such longer
time as my be prescribed by the RePARTI®m in writing.
6. The Sponsor agrees t0 conscientiously perform preventative
cathrommeare n the completed PRggase,ena to make no application for State
foods for repair replacement of the PROiRCT as a result If failure to
parts=. such maintenarce.
LIABILITY: With respect to all operations performed by the COd9OLTAWT and any
Subconsultents, the COflsOLIANT and any Sabconsultants shall carry commercial
general liability or other Coverage affording equal or greater protection a
determined by the OWNER, in an amount 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 nmroance
shell cover
or'the liability assumed by
the WNBVLTA under this agreement to indemnify, defend and hold harmless the
Owner and its
agents, representatiaes, officers and E ployees, with respect to
any and all claims, causes of stereo, representatives, officers and employees,
with respect to any andall claims, causes
of action, losses, expenses or
damages resulting id death, bodily injury or property damage.
.PROFESSIONAL LIABILITY INSURANCE The CONSULTANT and any subcoanultants shall
purchase and maintain a Professional Liability insurance policy for aurora and
Omissions that provides minimum liability coverage Of $1,000,000 per claim and
annual aggregate. This policy shall cover negligent acts, errors or omissions
by the CONSULTANT and subconsultants engaged by consultant and any other
person or entity for when the CONSULTANT is legally liable arising Out of the
rendition of services pursuant to Uis Agreement.
FAILUJARITY WTTS GaoM AND IIipEpNVLPIGTION: The CONSULTMs is
assumed to he
familiar with, and a all times shall Observe, and comply withall-Federal and
state laws, local by-laws, ordinances, and regulations inany seeneaaffecting
the conduct Of work. The CONsgLTANT Shall hold harmless and indemnify the
cWNER vW its officers, agents, representatives and employees from any and all
negligent, willful and wanton, intentional, malicious or criminal acts and/or
emissions
rising out of the CONSULTANL's performance of the work.
The Sponsor's acceptance of this Offer shall be evidenced by eXecurlOal of this
netrument by the Sponsor, as hereinafter provided and said Offer and
acceptance $call comprise a Grant Agreement constituting the obligations and
Tights of the State send the Sponsor with respect to the accomplishment of the
Project and the Operation and maintenance of the Airport. Such Grant
Agreement shall become effective upon the sponsor's acceptance of this Offer
and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed ten (10)
years free the date of said acceptance.
STATE OF NAIVE
Department of Transportation/
office Of Pass/¢ennger Transportation.
Ey "(�f' '✓
cy D. Laney
Airpc is Grant Aday istrator
a 222
PART II - ACCEPTANCE
City of Bangor does hereby ratify, and adopt all
stetemente,. representations, warranties,mrenanca, and agresseents contained
a the Project Application and icooted materials referred c in the
in
offer aM does hereby accept said Offer and by such acceptance
agrees to all of the terms and conditions 'thereof.
Executed this 30th day of August 2004
City of Baligor
Names Onn�j Sponsor
(SEAL)�"%^ j0
Title t� Cit Na er
AC[es[
Tit] Cie Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I N p}l acting as Attorney got the
Q!�I (herein referred to a `Sgoneor')do
hereby certify
That I fare (pa0lned the foregoing Grant Agreement and the proceedings taken
by said Sponsorrelating thereto, and find that the Acceptance thereof is in
all respects due and proper and further that, in gy opinion, said Grant
Agreement c stitute$ a legal end binding obligation of the Sponsor in
accordance with the Caren.
-��('' '�'f 00
Dated aY �i this ' day o£ Ate 1
V
Title