Loading...
HomeMy WebLinkAbout2004-07-12 04-223 RESOLVE_COUNCIL ACTION Item No. 0M223 Date: July 1, 2004 Item/Subject: ABSOLVE, Amepting and Appropriating Grants from the Federal Aviation Administmdon and Maine Department of Transportation for the De-icing Fluid Collection System at Bangor International Airport, Airport Improvement Program (AIP) Project No. 3-23-0005-37- 2004. Responsible Department: Airport The FAA and State of Maine have approved the Airport's application for Airport Improvement Project funds to help cover the cost of the De -Icing Fluid Collection System that totals $401,301. 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 $10,032.53 and is in the FY04 budget. This project is a continuation of the needed improvements to the infrastructure of the Airport. Rebecca Hupo Airport Director Nfanagees Comments: -t �/ a, iii f( toi& d r u City Manager Associate Information: fik Budget Approval: Finance Director Legal Approval: Introduced for Passage X First Reading X Referral to Finance Committee -^ asaigoea co gwaciloc Graf ck July 12, 2004 CITY OF BANGOR (NILE.) RemMq AocePtirh9 and Appropriating Grants from the Federal Aviation Administration and international Airport,nt of Transportation Airport Improvementor the De-icing Fluid program (Alp) Project Woo.. 3-23-0005-37-2004. on m at r WHEREAS, The City Council by O h 11 Order 04161 auth0dWd the City Manager to apply for gram funds from the United States, Federal Aviation Administration and the State of Maine, Department of Transportation for oonstnxtng a cl -1 ing fluid collection system; and WHEREAS, the City has received said funds; and WHEREAS, the City Manager has accepted said funds under Airport IMPmvement Program (Alp) Project 3-23-0005-37=2004. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF BANGOR, That the C14 Manager's acoeptance of the United States Government, Federal Aviation Administration and the State of Maine, Department of Transportation grants for the De Icing Collection System at Bangor International Airport, under Airport Improvement Program (Alp) Project 3-23-0005-37-2004 is hereby ratified and affirmed. and be it further RESOLVED, THAT there is hereby appropriated within the Airport Fund the amount of $401,301.00 recognizing state and federal grant funds and Airport Department budgeted funds to be used for said project. The City Finance Director is hereby authorized to place these amounts within the appropriate a unts. IP COOWCIL July 12 l2. 2006 First g Referred ed to [o Pivevice Cottee CI IN CRY COUNCIL July 26. 2006 Motion Made and Seconded for Passage Passed CI mm T p 06-223 Ag30LVB (TrrLE.) ACEePtfag end APPtaptiatiug Orout from [ Federal and Waive Department aof Transportation for Bangor International Airport. Airport I®aneeomt Program (M) Project No. 3-23-0005-37-2006 04-223 STATE OF MAINE DEPARTMENT OF TRAMEsOainnoN 16 STATE ROUSE STATION AUGp4331-STA. MINE Asses, couu,as, GRANT AGREEMENT PART I - OFFER Sete of Offer August 18, 2004 Project No, 6AEP11.6003-37(42) Banecr International Almon W: city of Baur (Hereinafterreferred to as the 'SPONSOR') FROM The State of Maine (acting through the Department of reansportation, Office of Passenger Transportation, hereinafter ferred to as the 'DBPARSedQR') WHEREAS, the 6PORWOR has submitted to the Y42MT8®'T a Project Pre -application or Request for Aid involving a grant of State funds for a project for the acquisition, construction, establishment, safety, expansion, isprovement or protection of the Beevor Entetnatiwal Aiapont(hereina£ter called the 'ArnPOnx'). WHEREAS, the m Se®1' has approved a project based upon this request for development of the AIRPORT (hereinafter called the 'PRODICT') consisting of the following described airport development: Construct De -Icing Fluid collection system. NOW THEREFORE, pursuant t, and for the purposes of carrying out the provisions of 6 n.A.S.A. 617.1, 17.9and 518.1, and in consideration of (a) the SERHOOR•8 acceptance of this Offer, as hereinafter provides and (b) the henefits to accrue to om the public frthe accomplishment of the PAP7BCT and the operation andmaintenance Of the AI"ORx, as herein provided. THE MAINE DBRARTMENT OF TRANSFORMATION M-223 ME DEPAR'IIRITf, FOR AND ON BEHALF OF ME STATE OF HAIRE, BEGURY OFFERS AND AGREES to pay,s the State's share of costs incurred i accomplishing the project, 2.5% percent of all approved project costs, subject to the fallowing terms andco ditinna: 1. The maximum obligation of the State payable under this. Offer shall be: Ten Thousand Five Nw9ted Sixty -One ($10,561.04) Dollars and 04/100. 2. SPONSOR shall - a. Begin accomplishment of the PRPRCT within a reasonable time after acceptance of this Offer, and; I. Carry out and complete the vROOSCT in accordance with the terms of this Offer, and; C. Carry out and complete the PROaxer in a connate wish the plans or sMtches and specifications as approved by the DEPARENSINE Or as they may be revised or modified with the approval of the and; d. Take necessary M ssary legal action to revoke any aall existing non - nautical -rights of way o encumbrances across the landing strip aid prevent the issuance of any further such permits or rights of way to cross said strip, and; - e Pursuant to 6 N. R. S.A., Operate and maintain the AIRPORT and all facilities thereon o connected therewith which a necessary for airport purposes, and not permit any, activity thereon which would interfere with its �Ee for a autical pprp08ea except with the prior written approval Of the PARTNEW, 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 land either within or outside the boundaries of the RIA EST n, any r (including the construction, creation, alteration, or growth of any strucc�re or other object thereon) which would create a haeard t0 the landing, taking off, or ing'of aircraft at the AIRPORT, or otherwise limit the usefulness of the A4PORT. 3.. Me SPONSOR certifies that it holds 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 SPONSOR shall keep an accurate accounting of all costs incurred n the PR)SOMP and Submit a copy Of such acntiag t0 the DEPARTEENT'upon its request for reimbursement of such costs by the DE1ShXEmF%En 5. This Offer Shall expire and the State Shall rot be obligated to pay any of the costa of the PROJECT unless this Offer has been accepted by the SPONSoa within Sixty (60) days from the above date of Offer or such longer time as may he prescribed by the ➢EPARxemR in writing. 6. Me Sponsor agrees to conscientiously perform preventative maintenance n the completed PRdIECTand to make no application for State funds for repair replacement of the PRDTSCT as a result of failure to perform anch maintenance. Od-223 LIABILITY: With respect to all operations performed by the CMTAME and any SabCovSultant e, the CON6OLTA and any Subconsultarts shall Carry commercial general liability or other coverage affording equal or greater protection a determined by the OWNER, in ant less then $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 lisbility.insurance shall cover the liability assumed by, the roN90LTA Liter this agreement to indemnify, defend and hold harmless the owner and i agents, representatives, officersand employee with respect c any and all claims, s laims, c of action, represatives, officers and employees, with respect to any and all claims, causes of action, losses, expenses or demages resulting in death, bodily injury or property damage. PROFESSIONAL LIABILITY INSURANCE The COMMUMANT Aid any Su Msultants shall purchase and maintain a Professional Liability insurance polity for a and Missions that provides mlnimnm liability coverage of $1,000,000 per claim and annual aggregate. This policy shall cover negligent acts, errors or omissions by the CtlNM SOLTAand eubronsultents engaged by consultant and any other person o entity for whom the CCMe ANT is legally liable arising out of the rendition of services pursuant to this Agreement. PAI¢LIAIIITY WITS LAWS Ara IWEEEEIPIGTION: The =SindAET is assumed to be familiar with, and at all times shall observe, and comply with all Federal and State laws, local by-laws, ordinances, and regulations in any manner'affecting the conduct of work. The COWFOUIItlT shall hold harmless and indemnify the OWNER anfl its officers, agents, representatives and mployee3 from any end all negligent , willful and wanton, intentional, malicious or criminal acts and/or' omissions arising out of the COYSOutAUT'c performance of the work. The Sponsor's acceptance Of this Offer shall be evidaoced by execution of this instrument by the Sponsor, as hereinafter provided and said Offer and acceptance shall cw rise a Grant Agreement c aStituting-the obligations and rights of the State and the Sponsor with respect to the accmplishment of the Project and the operation aM maintevance of the Airport. Such Print Agreement shall became effective upon the Sponsor's acceptance of this Offer and shall remain in fullforce and effect throughout the useful life of the facilities developed under the Project but in any about not to exceed tan (101 years from the date of said acceptance. STATE OF NAINE Department of Tiansfnrtatim/ Office of. Passenger Transportation N� cy D. Lawry Ai iporte Giant Adminis ti 0f 223 PART II - ACCEPTANCE The City of Bangor does hereby ratify and adopt all statements, representations, warranties, conn ants, an agreewents contained n the Project Application and incorporated co-opted to in the foregoing Offer and does hereby accept said Offer and by, such acceptance agrees to all of the terms and conditions thereof. Executed this I11th day of Auguat 20jaL. City of Bangor (SEAL) By!/v/lWso' Titles Clty Manager Attest Tin Ci Clerk �I ^� `' CERTIFICATE OF SPONSOR'S ATTO RIM / I, y•/n S'N'e. AM hso �_ acting as Attorney for the is .iT (herein referred no a "Sponsor') do hereby certify: That I have examined the foregoing Grant Agreenast and the proceedings taken by said Sponsorrelatingthereto, and find that the Acteptance thereof isi 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. Ceted at a [his01 IL J day of A se rt 2012. f C.+. J • �iG'I. 1 Title