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HomeMy WebLinkAbout1971-06-14 225-Y RESOLVEIntroduced by Cooncilar Nealley, June 19, 1971 N�a CITY OF BANGOR (TITLE) �IM11129 ..aangvp_zBse uat onai_x„t:2prt Ma ter visa ng Grant By Ma Cft CaweJ 000 City ofEanyor: RESOLVED. That the City of Bangor Shall enter into a Meter Planning Grant Agreement with the United States of America under APAP Project No. A-23-0005-01 fon Bangor International Airport, Bangor, Maine7 and, net the City Manager Shall be and hereby is authorised on behalf of the City of Bangor, Maine to execute the Acceptance of the Grant Offer; and, net the Grant Offer to be accepted Shall read in accordance with the photocopy attached hereto, which is hereby incorporated herein and made a part hereof. IN CITY COUNCIL June 19, 1971 The ordinance requiring the filing of and order was uspended by the following yes and novote: Councilors voting yes: Baldaoci, Ballw, Bigney, Brountae, Cohen, MinsK , moony, eealley. Councilor Co[ absent. 1Tis resolve was then received and PASS®. /' \ CITY CNBPY: 225-Y e 9S0LY8 Bangor International ffirport ggster P1anNnq Grant Agreemant CT38^"VsA of FG131Cr. FEoaRaL AVIATION ADMINISTPATION PLANNING GRANT 6JVEF44.TIT pARP I - OFFER Late of offer: 9 June 1971 Type of Planning Grant: Airport Master Planning, Bangor International Airport - Project No: A-23-0005-01 Contract No: FA -EA -1032 TO: Cityf Bangor d State of Maine, department of Aeronautics (herein referred o as the o ea "$po¢s or'j FROM: The United States so n a (acting through the Federal Aviation Fd¢instratio herein re -erred to as the "FAL") IMPEAS, the Snored - s =u0mitted to the FAA an Airport Mester Planning Grant Application t ca en12 March 1971 (herein called the Punching or Application"), a ` great of funds a project for r'ne development for planning purposesof information arid guidance to determine the extent, type and nature of development needed for Bangor International Airport (herein called the Airport). vhlch Planning Application as approved by the FAA is hereby Incorporated herein and airda a part hereof; and 'tlIIDREAS, the FAA ias approved fl project to, the. development of as Ludy r the Airport (herein caller the "planning Project") co stingof the following approved airport Faster planning: Conduct Airport Master plan Study, including collection of data pertaininghin to the airport and s ing a of a talion demands; g a demand capacity analysis; determinat'oironcoftairporr facility requirements;_ performing environmental study: preparation of an airport layout plan, land e plan, terminal area plan and airportaccess s plan including ms udinicheduling of proposed airport develop nt o twenty year peri tes of development costs, analysis of economic easibility and a proposal for financing the proposed airport Smpt womanS. Page l all as fart parLicu'ar.y descr4bld in tho DeBel LPtl n of Work Pfogra incorporated in the said Planning Application; NOW THEREFORE, pursuant to and for the purpose of carry tn6 net Clio provisions of the Airport and Airway Development Air of 1970, ended, end inconsideration of (a) the Sponsor's adopaiOn v ratification of te representations ans ad ea u c e contained £ said Planning Application, and its acceptanceof CLto Offer, as ieinsfterprovidedt , and (b) the benefits to accrue to the United States and the public from thea omPlishment ofthe airport boater planning included In the PlanningApplicatioa, THE FEDERAL AVIATLON ADMIN iSTYA.TION, FOR AND ON BEHALF OF THE ONIIED STATES, HEREBY OS PERS AND AGREES to Pay, so the United Stares Share 66.67 Percent of Hm allocable coots incurred in aromplishing the Planning Project, subject to the following terms and conditions: 1. Themobligation of the United States payable under this Offer shall be 582,566.OG. 2. Tee FAA, for and on behalf of the United States, may by ole n written notice terminate o suspend this gran t in in part, or withhojd payment in the event that it finds that the sponsor has: a. Failed to comply with Federal law or with any of the terns and conditi one contained in the Planning Grant Agreement b. Failed to carry out the Planning Project as approved; C, Free unauthorized or improper use of grant funds; Page 2 lication, report, or d. SuymiCch co tains apmisiiepreacntatlonof atom eevtele document or 1 incorrect or incomplete in any ny maCertalrespect; or' e. if for day reason continuation or the approved Planning Project is [antlered impossible, ineligible, or illegal. 'Phe Sponsor shall takes achaction. relative to termination suspensionor may be required by the FAA in the notice of termination o suspension in such care, termination or suspensionshallan tnaffect any otherwise valid and allowable obligation made ingold faith prior to receipt o notice of to rmination or suspension. 3. Tae Sponsor shall: a. Begin accoculishement ofthe a Planning wt heft twithinlure o 30 dado ys efts acceptant r. tr const'Luting juste cause to.o termination of the obtigat loom of the United States hereunder by the FAA: Is. Carry out and complete the Planning Project without undue delay and in accordance with the terms hereof, tie Air- port and .Airway Development Act of 1970, and Section 152 of the Regulations of the Federal Aviation Administration n effect as of the date of accept[nfthis offer; which Regulations are. hereinafter efeaedas t he "Regulations"{ c. Larry out and complete all planning work in accordance with the Description of Work Program incorporated let may be r r sed o modified wi Lthe approval of or as t the FAAandin accordance with design standards add planning criteria established by the FAA. 4. no allowable costs of the project shalt not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152 of the Regulations. 5. Payment of the United States share of the allowable project costs will be made pursuant to and i accordance a with the n provisi of Section 152ofthe Regatationa. Final deter- mination as to the allowability of the c of the project will be made at the time of the final gran[ payment pursuant Co Section 152 of the Regulations and final reimbursement will be made after final review, audit and acceptance by FAA of the completed Planning Project and actor all conditions relating Co the Pleading Project have been satisfied. Page 3 6. The FAA r right to ansond It withdraw Has ')rise at any then prior to Its acceptance by the Sponsor. ]. This offer shall a )fee and the llnired Stated shall not be oblige ted to pay a.sa part of the costs of [ho Planning Project before 3 la n ter 1 been such subed by h datepensor as rtwy be before 30 ]ane 19%1 he subsequent prescribed in ter l[inE by the FAA. 8. All financta Irecords pertaining. to the Planning Project e shall b made ailable to authorized representatives of the FAA and Hie Compttolls[ General of the United States in lonfo[mity to Section 152 of the Regulatimis. 9. Toe Sponsor will, at such times and in such nv er as the FAA y require, furnish FM with Periodic reports and statements pertaining to the Planning Project and planning work activities and other related matters covered hereunder. 10. Sponsors shallemit for FAA approval prior to their execution all prfwa[e party or public body contracts In do all or any part of the Planning Project. These contracts shall include applicable terms and conditions as specified by the FAA. 11. '@e FAA reserves the right to disapprove the Sponsor's their employment of spa part of thelPlanningdProjec[ and furthers la er all he any part and the right to disapprove the proposed scope cos[ of s the p[oiess.')nal sery Ices. 12. She FAA reserves she right to of the the tusecofepployees fes i sale level se p yet pons of the are designated by the Sponsor cod all or part Planning Project. 13. All published material such as reports, maps and other documents prepared in connection with the Planning Project aid planning work activities shall contain e astandard notice Hie[ the material was prepared underanAirport Master Planning Crani povided by FAA. The Sponsor shall make these documents available for examination by the public. In addition, n trial prepared in connection with the Planning Project and planning work activities shall be sub- ject to copyright in the United States or in any sre country. The FAA shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in Pert, any reports, date or other materials prepared with Airport Planning plant funds. Page 4 14. line Sponsor agreesconduct the Planning Project In compliance with ail the requirements imposed by or pursuant to Title vI of the Civil Rights Act of 1964 and by ?art 21 of the Regulations of the Office Of the Secretary of Trans- portation, as amended. 15. Tae Sponsor agrees that neither the approval of the Planning Application nor the tender of this Offer nor the approval of the final airport master planning report Or ocher resulting Ludy o statement constitutes a mfer enq. expressr implied, by the FAA, that assurance yaalrport dovclopmear or nit thereof shown in the planning developed as part of this Planning Application will be approved far inclusion of any pending ar future Airport and Airway Development Program under the Airport and Airway Development Act of 1970. 16. 'Ilia FAA i, mcdoring thin ofCer, ,existence of a cognizes LiteC ual efficient between enc city of tangos12 214AR *n the Ststcaof Nafnc, Department 0' Aerouau Lfcs, doted which agrcenent is coldly incorporated by reference and made a part hereof. 17. It is understood and agreed that the words "Section 152 of the Regulations" as sed herein ice of shall construed to mean Airport Development Ara, Notice of Proposed Rule making 251, December i the led hal Register, l5 F.heR; Voluent, o lAch issues regulations 29,19]0 bed hardier that in ileo scent, Lhe PAA Isaacs regulations imp the Airport Development pfd Program and Planning Giant Program uvar the aand Air Development Act of 19 70, the Sucrose agree; to mend this agree ens to into f - poraee such regulations. 18. It is mutually understood and a cod that liberal parcicipatien i the number of copies will be 1 tan to norm e than 200 copies of ties final report, 50 copies the cnchnrcal anpplcenos or appendices, iP any, 20 copies of preliminary or interim reports and drafts of tike first castor plan report. 19. It ic factually understood and agreed that the ST).,asor will provide an the airport ouL cost, adequate laud or other ,Face satisfactory to FAA for the purpose of parking all official FAA vehicles including privately owned vehict es when used for FAA busfnuss, necessary for the maintenance and ,rotation of £AA technical facilities (air navigation, general aviation district Leiria facilities and Pit traffic control roi facilities) together with suf£ic rent land o space f official parking at all FAA technical facilities off the airport, which are used directly in the operation of the airport. Page 5 The Sponsor's a[capt'ence of bola offer and r tit :,atfon and adoption of the Planning Application incorporated herein x shall be evidenced by execution Of this instrument by the sponsor, s hereinafter provided, and said Offer and Acceptance shall comprise an Airport Amster Planning Greet Agreement, as provided by the Airport 'and Airway 'Development Act of 1970, constrinving the obligations and rights of the United Stated and the Spon expect to t omplish- mentSuch e he a Gran of rile Planning PbecmL ch Airport upon Master .Plaunnsor'svg Grant Agc¢ salt Offer. effective upon the Sponsor's s acceptance eof this Of:er.o� UN:IEO STATES OF AMI:RicA FEDERAL AVfATION ADMINISTRATION L chi , nfrp ¢r ea Oivie lana Re , FAA PART II - ACCEPTANCE 11re City of banger. Maine (burent referred to a "Sponsor") does hereby ratify and adopt all statements, ents, representations, w anties, covenants, and agreements contained ainthe AirporMaster Planning Grant Application and incorporated materials referred to i foregoing Offer and does hereby a cept said Offer and by such acceptances agrees to all Iff the terms and conditions thereof. Executed in its name by its undersigned officer on this day of door , 1971. in City Manager Iitlm City Clerk