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