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Home My WebLink About2003-09-08 03-284 RESOLVEItem No. 03-284 Date: September 8, 2003 Item/Subject: Resolve, Ratifying City Staff action in accepting the United States Department of Transportation, Federal Aviation Administration and State of Maine, Department of Transportation grants for AN, 36, the design of runway 15-33 safety area improvements, constructing airport south perimeter road and stabilizing runway 15 glide slope critical area. Responsible Department: Airport Commentary: The Federal Aviation Administration is closing its fiscal year books and is requiring Airports to have grant agreements in early. The Afrport received the grant agreement for AIP 36 with a four-day deadline. The Airport Director contacted the Assistant City Manager and Council members to obtain approval to accept the grant within the time frame allowed. These grants cover 950A of the $141,700 cost of the project. Rebecca Huoo Department Head Manager's Comments: City Manager Associated Information: Budget Approval: 4Finance 5Director 1,epal Approval: ity Solicitor Introduced for Peseage _ First Reading Referral Page 1 of 1 03-286 .��'IiA Asst ged to Councilor Crowley September 8, 2003 CITY OF BANGOR (TITLE.) Resolve, Ratifying City Staff action in accepting the United States Department of Transportation, Federal Aviation Administration and State of Maine, Department of Transportation grants for, AIP 36, the design of runway 15-33 safety area improvements, constructing airport south perimeter road and stabilizing runway 15 glide slope critical area. WHEREAS, The Council previously approved the application to the United States Department of -- Transportation, Federal Aviation Administration and State of Maine, Department of Transportation for an Airport Improvement Project grant for the design of runway 15-33 safety area improvements, constructing airport south perimeter road and stabilizing runway 15 glide slope critical area; and WHEREAS, The timeframe for grant agreement acceptance was three days; and WHEREAS, qty staff communloated with the Council that It would be in the best interest of the qty to accept these grant funds, NOW, THEREFORE, BE IT RESOLVED that the actions of qty Staff in accepting the United States Department of Transportation, Federal Aviation Administration and State of Maine, Department of Transportation grants for the design of runway 15-33 safety area improvements, constructing airport south perimeter road and stabilizing runway 15 glide slope critical area are hereby ratified IN CilY COOWCIL ' September 8. 2003 eaaaea p 03-284 RESOLVE T(TITLE Satifyin City Staff Actfaa is lccepttoo astates reenactment of Revepottatfon. Federal Aviatim Admin-.'. of Treveportatim Greets for AIP 36, the Uesi¢a of Wmaay 15-33 Safety Area featured-, amts. Carl tractiag Airport SoatE Perfineter Goad and Stabilizing Runway 15 Glide Slope Assigned to Councilor ( A.A/(Jp/.L VI u�� STATE OF MAINE 03-286 DEPARTMENT OF TRANSPORTATION 16 STATEHOUSE STATION . AUGUSTA, MAINE 333-0016 GRAMf AGREEMENT PART I - OFFER Date of Offer SaOtmher 34, 2003 Project No. SAIP11.3003-36(41) rnatlonal Airport TO: city Of Bangor (Hereinafter referred to as the ^SPOHEOR") FROM: The State of Maine (acting through the Department Of Transportation, Office of Passenger Transportation, hereinafter referred to as the ^DDPARTMENT°) SUFFERS, the SPONSOR has submitted to the DEPARTMENT a Project Pre -application or Request for Aid i volviey a grant Of State funds for a project for the acquisition, construction, establishment, safety, expansion, improvement or protection of the Range, International Airport (hereinafter called the "AIRPORT-). - WHEREAS, the DEPARTMENT has approved a project based upon this request for development of the AIRPORT (hereinafter called the -PROTECT') consisting of the following described airport development Design only for Runway 15-33 safety area iwprovementel south Perimeter road conetraction: aM improv®cote to Runway 15 glide elope critical area. NOW THEREFORE, pursuant to and for the purposes of carrying Out the provisions Of 6 M.R.S.A. 517.1, 17.9, and 9I8.1. and in consideration of (a) the nONSOR•S acceptance of this Offer, as hereinafter provides and (b) the benefits too accrue to the public from the accomplishment of the PAOSTRCT and the Operation and maintenance of the AIRPORT, as herein provided. - THE MAINE DEPARTMENT of TRANSPORTATION IAN AFTYRIMATIVE ACTION. E0uwt OPPORTUNITY EMPLOYEE 0J-286 INE➢aPART16X'I', FOR ANO ON BENAIF OF THE STATE OF MAINE, HEREBY OFFERS AND AAREES to pay, as the 8hate's share of coats Incurred in accomplishing the project, 5% percent of all approved project costs, subject to the following sane and conditions: 1. The maximum Obligation of the State payable under this Offer shall /be: Seven, Thovaand Ninety ($7,090.00) Dollars and 00/100. 2. SPONSOR shall -- a. - eegin accomplishment of the PROJECT within a reasonable time after acceptance of this Offer, md/ b. Carry out and complete the PROTR= in accordance with the terms of this Offer, andC. ; Carry Out and Complete the PROJECTaaccordance with the plane 'sketches brad specifications a approved by theDePARfOHT or as they may be revised or modified with the approval of the MpassffiIT, and; d. Take necessary legal action to revoke any and all existing sea - aeronautical - cross ading preventtthelissuance ofway or any furtherr suchepearmits orhrights of wayitoaprobe said strip, and; a. Pursuant to 6 M.R.S.A., operate and maintain the AIRPORT and all facilities thereon or connected therewith which are necessary for airport purposes, and not permit any activity thereon which would interferewith its e for aeronautical purposes except with the prior written approval of the hass"gMRHnd; f. Operate the AIRPORT for the use and benefit of the public Oh fair and reasonable terms without unjust discrimination, and Insofar as within its power and reasonably possible, the Sponsor will prevent the use of any land either within o Outside the boundaries of the AIRPORT in any member (imluding the construction, creation, alteration, or growth of any structure or ether object thereon) which would Bate a hazard to the leading, taking 'off, oreying of aircraft at the AIRPORT, Or Otherwise limit the usefulness of the AIRPORT. 3. The BPOHSOR certifies 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. J. The SPONSOR shall keep an accurate accounting of all costs incurred n the PROJECT and Submit a copy of such account ing to the ORPARTI®iT upon its request for reimbursement Of such costa by the DDPARTNENT. S. This Offer shall expire and the State shall not be obligated to pay any of the costs of the PROJECT valeta this Offer hie been accepted by the SPONSOR within sixty (60) days from the above date of Offer or such larger. time as may be prescrIDed by the DRPARTMRPI in writing. 6. The sponsor agrees to conscientiously perform preventative maintenance On the completed PROJECT and to make so application for State funds for repair or replacement of the PROJECT as a result of failure to perform such maintenance. {,."//: GJ -zee xIADILITY, with respect to all operations performed by the COMBVLTANT and any Subconsultants, the CoeSOLTA91' and any Subconsultants shall carry coam,ercial general liability or other coverage rage affording equal r greater protection as determined by the OWENS, in amount not less than $1,000,000 per claim and $2,000,00in the aggregate. SuchPolcyshallncQude Products and completed operations as we contractualliability coverages Me contractual liability insurance shall cover the liability assumed by the COwnsndswT coder this agreement to indemai£y, defend and hold t� harmless Owner and its agents, representatives, officers and employees, w es to any and all claims, causes of action, representatives, officers and employees, with respect to any andallclaims, c of action, losses, expenses or damages resulting n death, bodily injury Or property damage. PROFESSIONAL LIABILITY INSURANCE The CONSUNdswe and any subcoasultente shall purchase and maintain a Professional Liability insurance policy fore sore and omissions that provides minimum liability coverage Of$1,000,000 per claimad annual aggregate. nis policy shall cover negligent acts, errors or emissions by the CONSmLTANT and subconaultant0 engaged by consultant and any other person or entity for whom the COnSOLTAIR is legally liable arising out of the rendition of services pursuant to this Agreement. YAMILIABITY WITS DANS ANN INDREWIPIGTIOR: The COwwwfdg NT is assumed to be familiar with, and a all times shall observe, Near comply with all Federal and State laws, local by-laws, ordinances, and regulations in any member affecting the conduct of work. The NwSGTAeT shall hold harmless add indemnify the OWNER and its officers, agents, representatives ansi employees from any amW all negligent, willful and wanton, intentional, malicious or criminal acts aM/or omissions arising out of the CONeOLTw£s performance of the work. The Sponsor's acceptance of this Offer shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided and said Offer and acceptance shall [reprise a Grant Agreement constituting the obligations and rights of the Stats and 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 Put in any event not to exceed ben (10) years from the date of said acceptance. STATE OF MAINE Department of Transportation/ Office of Passenger Transportation By ncy' Lavey Aixpt�[sSGrant Admin' rator PART II - ACCEPTANCE The Sanc dose hereby ratify and adapt all statements, epreaentati antiee, coveiuuts, and agreements contained /in the Project Application and incorporated materials 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. E eonted this loth day of October 203 . City f Bangor of sponsor Title ;r nngev Attest •J— Tine CS Clerk CERTIFICATE OF, SPONSOR'S ATTORNEY i,nVci"Ann ITT acting as Attorney for the cityvofBangor (herein referred to as •sponsor°) do hereby certify: That I have examined the foregoing Orant Agreement and the proceedings taken by said Sponsorrelating thereto, and find that the A ceptance thereof is in all respects due and proper and further that, in my opinion, said Crept Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms. Daces at Ban o Maine this 10th day of October 20 03