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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