Loading...
HomeMy WebLinkAbout2001-07-09 01-266 ORDER0 fbDRCb ACTION Rem Ro.01-266 ' Date: July 4. 2001 Item/OuWet: That the City Ma a r Acting AI ort Director be authorizedI to the United States Government,Federal Aviabon Administration and the State Demdmnt of TrallSoartation for M for the design phase of the rehabilitation of runway 15-33, iwa K & M a 'A" north andsouth hold a Remponsible Depsrtmem u Airport Commentary: Auport Improvement project funds are currently available to help cover the cost of the design phase of the runway reconstruction project that totals $312,200. The Federal funds available for this project will fund 90% of the project with the State of Maine covering 5%. Local share of the cost will be 5% or $15,660 and is in the FY02 budget. This project is a continuation of the needed improvements to the infrastructure of the Airport. Rebecaa Huno Ac' De mt Head managers comments: ..n,, ,..,..0 awdoao- r Fcryrm Cityarmager Associated Informatlom ccs Finance Director Levi Approval: - / $olicitor Introduced for � Passage Punt Reading Referral Page _1_ of _I_ 01-266 "11 Asaignea to camailor varauuto July 9, 2001 �¢ ,• CITY OF BANGOR (rITLE.) That the C1tV Manager and/or Acting Airport Director be authorized the United States Government, Federal Aviation Administration and the State of Mane Department of Transportation for a mantr the clesion phase of the rehabilitation of runway 15-33. taxlways K & M and tax'wav'A" norm and south hold aprons By me Ol y camel Of Me Ctry a wrga.. WHEREAS, The City wishes to apply for Airport Improvement Project gram funds available through the Federal Aviation Administration and the Maine Department of Transportation to make improvements to the infrastructure at Bangor International Airport, and WHEREAS, Federal funds will cover 90% of the cost of the project with an additional 5% coming from the State of Maine and 5% from the City, NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager and/or Acting Airport DireO r be authorized to apply to the Unwed States Govemment, Federal Aviation Administration for a grant for the design phase of the rehabilitation of runway 15-33, taxiways K & M and taxiway'A' north and south hold aprons. I8 CITY CW9CIL July 9„2001 - passed N m -v c Glo&D F& UITLEJylat the Cita tiro aster andlor Acting Airport Director be Authorized to Apply to the Ducted States Government.Federal Austrian HIS Em brute of�. Department of Transportation for a Grant for ..f 4' Ruuray, 1S-33. •'la3uay -Ke A "No used Tazivay, 1 'Au North and South gold Apron ASSi90edd to C�OundiiOf�IA1 iI^/L).D US oewunenl Max F�ard Fe#n 12'Yr MEvcutlre PaM of TtansFoftdbn ErrOmn Mawdwsns OB'JI Federal AVIaden A Hswxjkm GRANT AGREEISENT Part 1 - Offer Date Of Offer: July 17, 2001 Bangor International Airport Project No.: 3-23-0005-29 contract No.: FA -NE -01-64 TO: City Of Bangor, Maine (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the -FAA-) WI NREAS, the Sponsor has submitted to the FAA a Project Application dated May 25, 2001, for a grant Of Federal funds for a project at or associated with the Bangor International Airport which Project Application, a approved by the is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project-) consisting of the following: Terminal Apron Reconstruction. all a e particularly show in the plana and specifications approved by the Federal Aviation administration, New England Region, Airports Division, by letter dated June 5, 2001, and incorporated herein by reference. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Title 49, United States Code, herein called Title 49 UeS. C., and in consideration of (a) the Sponsorlo adoption add ratification if the representations and a,sorances contained i said project Application and its acceptance of thio offer as hereinafter provided, and (b) the benefits to accrue to 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 ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS 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 condition,: Conditions 1. The mar.imum obligation of the United States payable under this offer shall be $1,307,992.00. For the purposes of any future grant amendments which may increase the foregoing ca#mum obligation of the United States under the provisions of Section 42108(b) of the Title 49 IJA C., the following amounts are being specified for this purpose. $00.00 for planning $1,307,992.00 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any coats determined by the FIkA to be ineligible for consideration as to allowability under Title 49 U.S.C. 3. Payment of the United States share of the allowable project costa will be made pursuant to and in accordance with the provisions of Such regulations and procedures as the Secretary shall prescribe. Pinal determination of the united States share will be based upon the final audit of the total amount of allowable project costs and Settlement will be made for any upward or downward adjustments to the Federal Share of coats. 4. The sponsor shall carry out and complete the Project without undue delays and i accordance with the terms hereof, and inch regulations and procedures a the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. S. The FAA reserces the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 17, 2001, or such subsequent date as may be prescribed in writing by the PAA. FAA Form 5100-3'1(10.89) Psge2 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation Of Federal antitrust statutes, or misused in any other man any project upon which Federal funds have been expended. Par the purposes of this grant agreement, the term "Federal funds" Means funds however used or 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 a any determination of the amount of we Federal share of such funds. It shall return Chetrecovered Federal share, including funds recovered by settlement, order or judgment, to the s ietary. It Shall furnish to the Secretary, upon request, all documents aM records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to x uch funds. All settlements o other final positions of the sponsor, i otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 0, The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. Huy American Requirement Unless otherwise approved by the FAA, the sponsor will rot acquire or permit any contractor o subcontractor a acquire any steel o manufactured products produced outside the United States to be used for any project forairport development or noise compatibility for which foods are provided antler this grant The Sponsor will include in every contract a provision implementing this special condition. 30. It is understood and agreed that an Exhibit °A° Property Map acceptable to the FAA will be submitted no later than ➢¢member 31, 2001. 11. The Sponsor agrees to perform the following: Furnish a construction management program to FAA, prior to the start of construction which shall detail the manures and procedures to be used to con ly 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 name of the person representing the Sponsor who has Overall responsibility for contract administration for the project aM she authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality antral responsibilities an the project, together with a description of the services Co be provided. C. Procedures for the testing laboratories to meet the requirement of the applicable American Society of Testing MateIial's standards on laboratory evaluation, referenced in the contract specifications (O 3666, C1077). d. qualifications of engineering Supervision and construction inspection personnel. eA listing of all testa required by the contract specifications, including the type and frequency of [este to be taken, the method of sampling, the applicable teat standards, and the acceptance criteria or tolerances permitted for each type of test. f_ Procedures for ensuring that the rests are taken in accordance with the program, that they are 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 documenting the results of all testa performed, highlighting those teats that failed of did not set the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any oot-of-tolerance materials. An interim test and quality control report shall be submitted, if requested by PAA. 3. Failureto provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction federal participation for costs incurred i crs with c of the applicable pavement. Such reduction shall be at the discretionofthe FAAandtwill be based on the type of types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed order the grant agreement. aThe FAA, at its discretion, reserves the right to conduct independent tests and to reducecc grant payments accordingly if such independent teats determine that Sponsor test results are inaccurate, 12. An effective pavement maintenance m nagmeat program is a that details the procedures r to be followed to assure that proper pavement maintenance, both preventive and repair, i performedso airport sponsor may use any form of inspection program it deems appopriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. Location of all runways, taxiways and aprons; b. 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 be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, ient Condition Index (PCI) survey a t forth in Advisory Circular. 150/5380-6e Guidelines and Procedures for Maintenance of Airport Pavements, the frequency Of inspections may be extended to three years. L. Drive-by Inspection. A drive-by inspection moat be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information onthe findings of all detailed inspections and on the maintenance performed must be r ordedand kept on file for a of five years. The types of distress, their locations, and remedial action, scheduled or performed, each be documented. The minimum information to be recorded is listed below. K. inspection date; b. location; c. distress types; d. maintenance scheduled or performed. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. FAA Porn 5100-37 (10.09) Page 4 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. $. Reference. Refer to Maims" Circular 15015380-6, Guidelines and Procedures for Maintenance of Airport yavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines and recommended methods of repair are presented. FAA Form 510 37 (10.89) Page 5 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated here.. shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting tuting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the a and conditions as provided herein. Such Grant Agreement shall be effective upon thea sponsor's acceptance of this Offer. UNITED STATES OF ANBRICA FE ERAL AVIATION ADMINISTRATION Title: Manager, Airports Division New England Region Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained ainthea Project Application and incorporated materials referred to in the foregoing Offer and Sees hereby accept this Offer aid by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 19th day of July , 2d)l city Of Bangor, Maine By (SEAL) Title: Attest. Titb Cit Clerk CERTIFICATE OF SPONSOR'S ATTORNEY I, Norman S. Heitaann IIIacting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement order the laws of the State of Maine. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof i in all respects due and proper and 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 owned by the Sponsor, there a o legal impediments that ill prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement Constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Bangor Maine this 20th day of July 2001 / n signature of sposor• At APPLICATION FOR re m.mrea Pogiomlaenuaar FEDERAL ASSISTANCE Mav+7.20D+ SMea IPafmn laenuMr reurervsoar,eoaw aosncv Federal Memner Pmpplgtion E ❑ Oonumoon ❑ NonIm LegalNatK OManlxetlm Una: City of Ban or, Maine Bangor International Airport AWmss191re e]y munry, sc000ldEumdO, Harte eM WkpMn um�permna Drib MmnlaaM onmaXe,s v°eel 287 Godfrey Boulevarxl imm4Nng Ks pprrcaecn I Ne am, Bangor, ME M01 Penobscot Coun Rebecca Hupp, Acting Airport Dire<lor -120]197-038+ QOM re0N eeara r me, Na n o cnreaa. amMMM6 1 — 0 0 0 2 0 N. A. Stan H. Indepeneere SMror 8 couno II. Qi inn MHguer Learning Q No,11Conanuaum ❑ Re pbleb n O Mun4kal rrve 'verseng K. Indian Tribe E ln&N&e L Ind,leal XReNsim,enNappmpaaW411npinboxlesl:❑ El REd Pact OrganxTbn O.Special Oillq N.Other SeeM1 MEWMWUr.waxcv A.Inneaee Awam B. Doose AwaN C. Inulase Ounuon p Oweau Ouatim Onerppevor Federal Aviation Administration - N.E. Region enc a MoeTAecUM m 0 e TerICAm nal Apron Reconstruction Pbase 2 and 3 TITLE: Airport Ingerroverneent Program .Mus ca..Iriues, munbee, Autoc myCity of Bangor County of Penobscot s sten Gabe E,ara Dare aAppamm b.I'miea SI01 10101 2ne 2nd i e: i6'� a YESTHISWAS SINCETHE S1I 0 STAFennoE%EC�ViIJETORD R 33]3 RENIEWONTO WDATE NIA 8bbb 72,641.80 App 4y PRMRAM IS NOT COVERED BY E 0. 12372 7&,fvbb 92,621.00 S 0'00 a. Local b.NO ❑ OR PROGRAM HAS NOT BEEN SELEVTEO BY STATE FOR RENEW 5 1,070,696.00 M OBEF PFC g.00 ram APPLIMT cnMcueMToQANN FEDERAL Dam PmqmmI'w,,e S ❑Yes XNes,"anaGr an vpknailm. ON a TOTAL S 2,523,920.00 NR0 w BENTAy aTroaa rvarm olnaWpreMNePeouMeM eTula c. Terech1e Nombar Rebecca IN Actin Air ort Director 207 907-0381 O.SgnauBe*fAWbpvea RepesenWlrve - e.Oa@Sgnea Alca w -PL. ma-1as02; o, vreeexm,wwwme 4mMrWabr Lawl RNProauWm (�� p b�awe. a,o