HomeMy WebLinkAbout2003-07-28 03-255 RESOLVE_COUNCIL ACTION
Item No. 03-355
Date: July 28,200
Item/Subject: Resolve, Acceptmg and Appropriating Funds from the United States
Government, Fedeml Aviation Administration, for the Rehabilitation of Runway 15-33, Taxiways
K & M, and North and South Hold Apron.
Responsible Department: Airport
Commentary: This is the third part of the Federal funding of the runway rehabilitation
project. The total project cost is $17,352,045, and this portion of FAA funding will be in the
amount of $2,100,000.
Rebecca Hupp
Department Head
Managees comments:
City Manager
Asagelated Information:
ISL
Budget Approval:
6QL
Finance Dvector
Legal Approval
7
City Solicitor
Introduced for
Passage
R First Rearing
_ Referral
Page 1 of 1
03-255
Cain as¢qgn¢a to councilor Bahoov July 28, 2003
= CITY OF BANGOR
mll
(WILE.) Resolve, Accepting and Appropriating Funds from the United States Government,
Federal Aviation Administration, for the Rehabilitation of Runway 15-33, Taxiways K & M, and
North and South Hold Apron.
WHEREAS, the Federal Aviation AdminisMon has approved an addi0onal $2,100,000 in Airport
Improvement Project grant funds to make improvements to the InItastructure at Bangor
International Airport
Now, Werefore, be it resolved by the City Goundl of the City of Bangor that
The amount of $2,100,000 in Airport Improvement Project grant funds. is hereby accepted and
appropriated and The City Manager/Airport Director are hereby authorized to accept mese funds
as earmarked for the rehablliatlon of runway I5-33, taxiways K & M, and north and south hold
apron.
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July 28. 2003
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GRANT AGPEEMENT
Part 1 - Offen
Date of Offer: August 8, 2003
Bangor International Airport
Project No.: 3-23-OD05-35-2003
TO: City of Bangor, Maine
(herein called the ^Sponsor")
O3-255
FROM: The United States of America (acting through the Federal Aviation Adn:ini9trati0n,
herein called the 'FAA')
9 aflrH, the Sponsor has submitted to the CAN a Project Application dated April 19, 2002,
for a grant of Federal funds for a project at or
associated with the hangar International
Airport which Project Application, as approved bythe FAA, is hereby incorporated herein and
made a part hereof; and
NHEHEAH, the FAA has approved a project for the Airport (herein Called the 'Project-)
consisting of the following:
Phase III, Rehabilitate Runway 1533 (approx. 11,081' x 200'); Rehabilitate Taxiways
and 'M'.
all as are particularly shown in the plane and specifications approved by the Federal
AviationAdminlat[ation. New england Region Airports Division, by letter dated May 19,
2D02, and as identified in the grant application attached to project number 3-25-0005-
31-2002, incorporated herein by reference.
FAA Form 51003'!(3489) 1 Pagel.
ROW TFRRMFORE, pursuant to and for the purpose of carrying out the provisions of the
Title 49, United States Code, herein called Title 49 V.S. C., and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances
contained i
said Project application and i acceptance of this Offer s hereinafterprovidedand (b)
the benefits e o the United States and the public from the accomplishment of the
Project and compliance with the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADIIINIETRATIOR, FOR AND OR EERALF OF THE UNITED STATES, HEREBY
OFlERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, 90 percent of such costs.
The Offer is made on and subject to the following terms and conditions:
C itionN
1. The max obligation of the United States payable under this offer shall be
$4,501,268.00? For the purposes of any future giant amendments which may increase the
foregoing maximum obligation of the United States under the provisions of Section 47108(b)
Of the Title 49 U.S.C., the fallowing assents are being specified for this purpose.
$ 0.00 for planning
$4,501,268.00 for airport development or noise program implementation.
2. The allowable costa of the project shall not include any costs determined by the FAA
to be ineligible for consideration as to allowebllity under Title49 V.S.C.
3. Payment of the United States share of the allowable project costs will be made
pursuant to and in accordanda with the provisions of such regulations and procedures as the
Secretary shall prescribe. Final determination of the United States share will he based
upon the final audit of the total amount of allowable project costs
and settlement will be
made for any upward or Standard adjustments to the Federal share of costa. -
4. The sponsor shall carry out and complete the Project without undue delays and i
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
prescribe, and agrees to comply with the assurances which were made part of the project
application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its
acceptance by the sponsor.
61 This offer shall expire and the United States Shall not be obligated to pay any part
of the costs of the project Suisse this offer has been accepted by the sponsor on or before
August 22, 2003, or such subsequent date as may be prescribed in writing by the FAA.
Page 2
p. The sponsor shall take all steps, including litigation if necessary, to recover
Federal faunas spent fraudulently, wastefully. o violation of Federal antitratutes,
or sed i my other vin any project uponwhichFederal Ends have been expauded.
Perthepurposes of this grant agreement, the term 'Federal funds' me a funds however used
r disbursed by the sponsor that were originally paid pursuant to this or any other Federal
grant agreement. it shall obtain the approval of the Secretary as
tany determination of
the amount of the Federal share of such funds. It shall return therecovered Federal share,
including fundsred by settlement, Order Or judgment, [ the Secretary. It shall
furnish t0 the Secretary, upon reaueeq all documents and records pertaining t0 the
determination of the amount of the Federal shareor to any settlemnC litigation,
negotiation, or other efforts taken to recover such Ends. All settlements Or Other final
positions of the sponsor, in urt or otherwise, involving the recovery of such Federal
share shall be approved in advance by the Secretary.
S. The United States shall not be responsible or liable for damage to property or injury
to persons which my arise from, or be incident to, compliance with this grant agreement.
9. Buy Amaricn Requirement: Mleas otherwise approved by the FAA, the sponsor will not
acquire or permit any contractor or subcontractor to acquire any steel o nufactnred-
products produced outside the united States to be used for any project formirport
development or noise compatibility for which funds are provided under this grant. The
Sponsor will include in every contract a provision implementing this special condition.
10. The Sponsor agrees to perform the following:
1. Furnish at £
ction management program to FAA prior to the 6 of
construction which shall detail the va and procedures t0 be used t comply with the
quality control provisions of the construction contract, including but not limited to, all
quality control provision and required by the federal Specifications. The program shall
include as a minimum:
a. The none Of the person representing the Sponsor who hoe Overall
responsibility for cognac[ administration for the project and the authority to take
necessary actions to comply with the contract.
b. Mases of testing laboratories and consulting engineer firms with quality
control responsibilities on the project, together with a description of the services to be
provided.
C. Procedures for the testing laboratories to meet the requirement Of the
applicable American Society Of Testing Material's standards on laboratory evaluation,
referenced in the contract specifications (D 3666, C107]).
d. Qualifications of engineering supervision and construction inspection
personnel.
eA listing of all tests required by the contract specifications, including
the type add frequency of testa to be taken, the method of sampling, the applicable test
standards, and the acceptance criteria or tolerances permitted for each type of test.
f. Procedures for assuring that the tests are taken i accordance with the
program, that they a e documented daily, that the proper corrective actions, where
necessary, are undertaken.
2. Submit at completion Of the project, a final test and quality control report T
documenting the results of all tests performed, highlighting those sense that failed Of did
FAAPwm51O0-39 (10.89) Page 3
not meet the applicable test standard. The report shall include the pay redactions applied
and reasons faraccepting any cut -of -tolerance materials. An interim test and quality
control report shall be submitted, if requested by FAA.
3. Failure to provide a complete report as described in paragraph 2, or failure to
perform ouch tests, shall, absent any compelling justification, result in a reduction
federal participation for costs incurred in c ction with construction of the applicable
pavement. Such reduction shall heat the discretion of the KKK and will M based on the
type of types of required teats not performed or not documented and will be commensurate
with the proportion of applicable pavement with respect to the total Momentotructed
under the grant agreement.
9. The PAA, at its discretion, r a
s the right to conduct independent t add to
reduce grant payments accordingly if such independent tests determine that Sponsor test
results are Inaccurate.
11. An effective pavement maintenance m nagment program is one
that details the procedures
to M followed t re that proper pavement maintenance, both preventive and repair, is
performed. airport sponsor may use any form of inspection program it deems appreciate.
The program must, as a minimum, include the following:
1.t Inventory. The following must be depicted in an appropriate form and
level of detail
a. Location of all runways, taxiways and aprons.
b. Dimensions;
I. Type of pavement;
d. Year of construction or most recent major
rehabilitation. _
For compliance with the Airport Improvement Program assurances, pavements that have been
constructed, reconstructed, or repaired With federal financial assistance shall M so
depicted.
2. Inspection Schedule.
a. ailed Inspection. A detailed inspection must M performed at least once
a year. if a history of recorded pavement deterioration is available, i.. Pavement
Condition Index (FCI) survey a set forth in Advisory Circular 15015380-6e Guidelines and
Procedures for Maintenance of Airport Pavements, the frequency of inspections may be
extended to three Seers.
b. Drive-by Inspection. A drive-by, inspection most M performed a minimum Of
Once per month to detect unexpected changes in the pavement condition.
3. Moors Keeping. Complete infornmtion on the findings of all detailed inspections
and on themaintenance performed must be recorded and kept on file for a minimm of five
years. The types of distress, their locations, and remedial action, scheduled or performed,
sent be documented. The means, inforsation to be recorded is listed below.
a. commotion date;
b. Location;
C. distress types;
d. maiatWoWwM scheduled or performed.
For drive-by inspections, the date of inspection and any maintenance performed =at M
recorded.
S, SnfouserCissRxIc'issai-.. dn blYpert$pos3an�`r usean.torn Rt•:—e^-rd- ping..___
deems appropriate, so long a$ the information and records produced by the pavement suvvey
an M retrieved to provide a report to the FKK as may M required.
PAAfWm510.}3F (10.8 NV 4
5. Reference. Refer to advisory Circular 150/5380-6, Guidelines and Procedures for
Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining
airport pavements end establishing an effective maintenance program. specific types of
distress, their probable causes, inspection guidelines and recommended methods of repair are
presented.
la. It is understood and agreed that n eimWraemenc on engineering costa until a fully
executed contract is received end approvedYhy Fg A.
FMPmm 5100.3] (10.89)
The Sponsor's acceptance of this Offer and ratification and adaption of the Project
application incorporated herein Stull be evidenced by execution of this instrument by the
Sponsor, as hereinafter provided, and this Offer and Acceptance stall comprise a Grant
Agreement, as provided by Title 99 U.S.C., constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the accomplishment Of the
Project and compliance with the assurances and conditions as provided herein. Such Grant
Agreement shall be effective upon theSponsor's acceptance of this Offer.
UNITED STATES OF APoERICA
FEDERAL AVIATION NIRISTRATI@N
T itle: Manager, Airports Division
[4 New Englmed Region
Pact II - ACeeptmee -
The Sponsor does hereby ratify and adopt all a statements, representations,
ants, and agreements containedintheProject Application and incorporated
materiare
materials referred to In the Fathering Offer and Suez hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and Conditions in this Offer and in the
Project Application. 4�W/
Executed this day of I��'N+/ , 20Q1.
RCayMine
y�-�
(SEN)
d
Title:
Attest:
Title: 1Y C1EEE
CERTIFICATE OF SPONSOR'S ATTORNEY
I, NOlmall S. Hai DARM III , acting as Attorney for the Sponsor do hereby certify:
-That'an my opinion the Shannon is eagawered toentermen
er into the faregoing-Grant-Agreet--
=Me the lawn
of the State of Mine. Further, Ihave examined the foregoing Grant
Agreement and the actions taken by said Sponsor and Sponsor's official representative has
been duly authorized and that the aacation thereof i in
all respects due end proper arta in
accordance with the laws of the said State and the Act. In addition, for grants involving
projects to be carried out on property not owed by the Sponpor, there are
no legal
io@eflimen[s that will prevent full performance by the Sponsor. Further, itis my Opinion
that the said Great Agreement constitutes a legal and binding obligation of the Sponsor in
accordance with the thane thereof.
rated at ax goi Aldine this 27th day of Angus' 20yj'_
SigvatuL Of Spon s Attorney
FAA I'oYm 5100.39 (1689) Pages
August 27, 2003
TO: Rebecca Hupp, Airport Director
FR: Terri Corey, Legal Department
RE: FAA Agreements — Rehabilitation of Runway 15-33 and
Taxiways "K" and "M"
Enclosed please find two original FAA Grant Agreements, dated August 8, 2003,
for Project No. 3-23-0005-35-2003 for Phase ffI of the rehabilitation of Runway 15-33
and Taxiways "K" and "M'. Both originals have been signed by appropriate City staff.
A copy has been forwarded to Gail Campbell to place with the applicable Council
Resolve. (Ref. #03-255, #03-273,#03-279)
K I/Pi