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HomeMy WebLinkAbout2004-08-23 04-262 RESOLVEiCH. ACHON Item No. 04-"2% Dah: August 23,2004 Item/Subject- RESOLVE, Accepting and Appropriating a State of Maine Department of Transportation Grant in the Amount of $25,000 to be Used on Small Community Air Service Development Pilot Projects. Responsible Deparunent: Airport Commentary: This Grant helps to meet the requirement for matching funds required by the Small Community Air Service Development Pilot Program (SCASDPP) grant. The SCASDPP grant is funding community entrench and development of low cost air service at Bangor International Airport. Anthony P. Caruso Assn Department Head Associated Information: Budget Approval: Finance Director Legal Approval: C. Solicitor Introduced for Peerage X First Reading X Referral to Finance q sP..w. Page 1 of I 0 362 Assigned to councilor Fab oar August 23, 2001 CITY OF BANGOR )TITLE.) Resolve, Accepting and Appropriating a State of Maine Department of Transportation Grant In the amount of $25,000 to be used on Small Community Air Service Development Pilot Projects. WHEREAS, The State of Maine Department of Transportation has approved the Issuance of a Grant in the amount of $25,000 for capital expenditures concurrent with the United Stabs Department of Transportation Small Community Air Service Development Pilot Program; and WHEREAS, The Airport DMslon of the City of Bangor, Maine wishes to accept the Grant for expenditures on Small Community Air Service Development Pilot Program Projects, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CRY OF BANGOR THAT A State of Maine, Department of Transportation Grant in the amount of $25,000 for capital expenditures concurrent with the United States Department of Transportation Small Community Air Service Development Pilot Program is hereby accepted and appronated. BE rr FURTHER RESOLVED THAT The City Finance Director is hereby authorized to place these amounts within the appropriate accounts. iL M1oance is Cin comczL Sepcev6er 13. 2006 Motion Cede and Seconded for Passage Passed yy M 06-252 RESOLVE (TITLEJdreepPtIIng and dPProPr tlaR a scxe per vent o aoaporratios i crane m the n t of $25.000 to Re Used nc Pilot Projects Asslgnetlb Cou'ncll^or f/AVAw M-262 STATE OF MAINE DEPARTMENT OF TMNSPORIATION 16 STATE HOUSE STATION AUGUSTA, MAINE O 30016 GRANT AGREEMENT PART I - OFFER T0; re of Ramer Ixeeiwfter referred to as the ^Rghabax-) FROM: The State of Maine (acting through the Department of reansportation, Office of a enger Transportation, hereinafter ferred to as the ^DEPRRI'1@ ) WHEREAS, the gPOtlSOR has submitted to the GEPAFrNBNT a project ere -application r Request for Aid involving a grant of State funds for a project for the acquisition, construction, ruction, establishment, safety, expansion, improvement or protection of the gamor International Airport (hereinafter celled the ^Av)PORT^). WHERERE, the DGEAROffiRT has approved a project based upon this request for development of the AIRPORT (hereinafter called the -PROJECT-) consisting of the following described airport development: Capital exgendirurea for NarRetim Department 9iaplay egoilamnt eo9 210919 DAL support of Smell Community Air Service OevelOPEent Pilot Program PROJects executed under aFederal Grant ften the PSPM'. NIXY THEREFORE, prosWnt to and for the purposes Of carrying Out the Provisions of 6 M.R.S.A. 917.1, 17.9, and 518.1, and i consideration of (a) the SPOMSORIS atceptance of this Offer, as hereinafter provides Rod (bl the benefits toc accrue to the public from the a COMplishment of the PRPIaCT and the operation And maintenance of the AIRPORT, as herein provided. V The MkIND DEPARTMENT OF TRANSPORTATION IS AD AFFIRMATIVE ACTION - - Date of Offer August 4. 2006 Project No. PAIP31.9003(42) Bangor international Airport T0; re of Ramer Ixeeiwfter referred to as the ^Rghabax-) FROM: The State of Maine (acting through the Department of reansportation, Office of a enger Transportation, hereinafter ferred to as the ^DEPRRI'1@ ) WHEREAS, the gPOtlSOR has submitted to the GEPAFrNBNT a project ere -application r Request for Aid involving a grant of State funds for a project for the acquisition, construction, ruction, establishment, safety, expansion, improvement or protection of the gamor International Airport (hereinafter celled the ^Av)PORT^). WHERERE, the DGEAROffiRT has approved a project based upon this request for development of the AIRPORT (hereinafter called the -PROJECT-) consisting of the following described airport development: Capital exgendirurea for NarRetim Department 9iaplay egoilamnt eo9 210919 DAL support of Smell Community Air Service OevelOPEent Pilot Program PROJects executed under aFederal Grant ften the PSPM'. NIXY THEREFORE, prosWnt to and for the purposes Of carrying Out the Provisions of 6 M.R.S.A. 917.1, 17.9, and 518.1, and i consideration of (a) the SPOMSORIS atceptance of this Offer, as hereinafter provides Rod (bl the benefits toc accrue to the public from the a COMplishment of the PRPIaCT and the operation And maintenance of the AIRPORT, as herein provided. V The MkIND DEPARTMENT OF TRANSPORTATION IS AD AFFIRMATIVE ACTION 04-262 THE D PMT103NT, FOR ANI) ON EENALy OF Top STATE OF MAINE. HERERY OFFERS AND AGREES to pay, as the State's share of costs incurred in accomplishing the project, 100% percent of all approved project costa, subject to the following terms and conditions: 1. Me maximps obligation Of the State payable under this Offer shall be: Twenty-PivaThousand (825.000.00) Dollars and 00/100. 2. SPDMwa shall -- a. accomplishment of the PROdK within a reasonable time after acceptance of this Offer, and; - b. Carry out and complete the PROJECT in accordance with the terms Of this Offer, and; - C. Carry out and complete the PRIg%CT in accordance with the plans or sketches and specifications, as approved by the DEPMasR[je Or as they may be revised or modified with the approval of the DaPMT.MZPP, and; d. Take necessary legal action. t0 revoke any and all existing non- aueical rights of way or smombrances across the landing strip and prevent the i of any further such permits or rights of way to cross Said strip, and; ' aPursuant usut to 6 M.R.S.A., operate and maintain the AIRPORT and all - facilities thereon or Connected therewith which are necessary for airport purposes, east not permit any activity thereon which would interfere with its e for aeronautical purposes except with the prior written approval Of the DRPMTIid'TrOasks; en f. Operate the AIRPORT for fie use and benefit of the public on fair and reasonable perms without unjust discrimination, and g. Insofar as is within its power and reasonably possible, the Sponsor will prevent the Use of any Sand eihhern within or outside the W4ndaries of the AIRPORT in any ma r (including the c nstrkotioh, creation, alteration, or growth of any structure Of ether Object thereon) which would Bate a hazard to the landing, taking off, orring of aircraft at the AEAPORT, Or otherwise limit the usefulness Of the AIRPORT. 3. The Sp0R80R <ertifies that it holds property interests in the areas of land which are to bedeveloped or used as a part of or in connection with, the AIRPORT. 4. The SPOMEOA shall keep an accurate accounting of all Costa incurred on the PROJECT and Submit a copy of such accounting to the DSPMTTam' upon its m request for reinstrseent of such costs by the DEW ARTAffiID. 5. This Offer shall expire and the State shall not be obligated to pay any of the costa of the PROSECT 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 be prescribed by the DEPMT1dIR in writing. 6. The Sponsor agrees [ conscientiously perform preventative maintenance on the completed PROCTid to make n application for State foods for repair or replacement of the PApJMCT as a result of failure to perform such maintenance. W-262 LIABILITY: With respect to all, operations perfokmad by the CONSONAMl and any Subconsultente, the CONSOLYAgP and any Subconsultants shall carry commercial general liability or other coverage affording egad or greater protection as determined by the OWNER, in anamount not less than $1,000,000 per claim and $2,000,000 in the aggregate. Such policy shall include products and completed operations an well as contractual liability coverages. The contractual liability i shall cover the liability assumed by ONS the COf11'ANL order this agreement tonindeomify, defend and hold harmless the Gane: and its agents, representatives, officers and employees, with respect [ any and all claims, c of action, representatives, officers and employees with respectany and all claims, causes of action, losses, expenses or damages resulting in death, bodily injury or property daaage. PROFESSIONAL LIABILITY 1NSMANC6 The CON10JUS Nl and any Subconsultants shall purchase and maintain a Professional Liability insurance policy for errors and omissions that provides minimum liability coverage of $1,000,000 per claim and annual aggregate. This policy shall c negligent acts, a omissions by the CONBOLfnM1' Pool subconsultants engaged by consultant and any other person or entity for whom the CONHOLTANY is legally liable arising out of the rendition of services pursuant t0 this Agieemm [. AAITY WITH LAWS AI®L9lIPIGTION: The COP8OIILAMT i assumed t0 be familiar ASK)liar with, and at all times Shall observe, and comply with all Federal and State Laws, local by -lama, ordinances, and regulations in any another affecting the coMuct of work. The-CONBVirtA6T shall hold harmless and indemnify the OWNER and its officers, agents, representatives soul employees fromanyand all negligent, willful and v intentional, malicious o nal acts aid/or omissions arising out of wanton, Performance of the work. The Sponsor's acceptance of this Offer shall be evidenced cy execution of this instrument by the Sponsor, as hereinafter provided and said Offer and acceptance Shall comprise a Grant Agreement constituting the obligations and rights of the State and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall becomeeffective 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 from the date of said acceptance. STATE OF MAINE Department of Transportation/ Office of Passenger Transportation Sy ncy D. Laney Airpo is Grant Admin trator 04-262 PART II - ACCEPTANCE The City of Ban or does hereby ratify and adopt all statements, representations, warranties, c and agreements contained " n the Project Application and i corporatedmaterials referred 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 16-M day of September 2041. City of Bangor Name,Of Sponsor N/ (SEAL) ET''^"'�"-.'. Title City Manager A«a!ii;;�=.� Titl CERTIFICATE OF SPONSOR'S ATTORNEY 1, Noruman S t(eitmun. III acting as Attorney for the City of BangOr (herein referred to as 'Sponsor') do hereby certify That 1 beve exmined the foregoing grant Agreement End the proceedings taken by said Sponsor relating 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 Eponeor in accordance with the terms. Dated at Bangor this �p�— .flay of seotembem , MOA. city Title