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HomeMy WebLinkAbout1984-09-10 84-338 ORDERl23e 32 Introduced by Councuo: CITY OF BANGOR QITLU 1C/Tll¢x Authorlzing,Execution of c.rant Agreement. ....... r (Project No. 3-23-0005-02) - Bangor International Airport BY am CUP Comaei Of MW City ofBaAmw- ORDERED. THAT the City Manager, on behalf of the City of Bangor, is hereby authorized and directed to execute a Grant Agreement with the Federal Aviation Administration (Project No. 3-23-0005-02), a copy of which is on file in the office Of the City Clerk, and to take all other necessary action, including the execution of documents and contracts, for purposes of providing for the installation of runway surface: condition sensor system, to modify existing snow plows and purchase two sanders. - - In City Council September 10.1984 Suspension of the Rules passed GNer passed __ ON 84-338 Ore ueR Title, — Authorizing �Brecution of Grant Agreement ...................................... (Project R3-23-0005-02) Bangor International Airport Introduced and filed by fes......... ouncilman ` - Page 1 of 4 paged r� mum" OF TRANSPORTATION FEMBRA1 API6TION AdQNTSTRATION ,.[i*1� tdir hl� h Part 1 - offer Date of offer September 6, 1984 Bangor International ASrport Project No. 3-23-0005-02 Contract No. FA -NE -04-51 TO: City of Bangor, Maine (herein called the "Sponsor") FRM: The United States of America (acting through the Federal Aviation A3 Administration, herein called the "FAA^) Statembdr t5e 1$88so[oraa grantsubmitted of Federal FAA loods for Project Pon eat ation the"led Bangor international A;sport together with plane and specificationsfor such development project, B* :pAffAR&4L¢ which Project Application, as approved by the FAA, is hereby incorporated herein and made a part bereoC and WERE09 the FAA has approved a project for the Airport or Planning Area (herein caned the "project") consisting of the following: Install runway surface condition a system, modify existing snow plows and purchase two sanders. all as e particularly shown in the preliminary plena and speciflcatimns approved by the Manager, Engineering and Safety Branch, Airports Division, on September 5, 1984, 'incorporated herein by reference. FAA Farm 5100-37 PO 1 (0-02) Page 2 of 4 pagan NOW THEREFORE, pursuant to and for Ne Purpose of carrying out the provisions of andthe Airport Rod in comSderatim Of (a) thevSpansoeAct 'e adoption and herein iatification of Nlled the ee representations and endurances contained in said Project AOVllceticn and its acceptance of Nie Offer as hereinafter provided, and (b) the benefits to accrue co, the United States and Ne While from Ne aceompllstuent of the Project and compliance with me maurances and conditions m herein Presided, THE FEDERAL AVIATION AURUNISfRATION, PON AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS ANO AOREP9 to Day, as Ne United States share of the allowable costa incurred In accomplishing the Project, 90 par cent of such coats. Thim Offer Ss made on and subject to the following terms and conditions Standard Conditions 1. The maxi um Obligationo f t00 United Stateiceayable under thi offer shall be w for planning 187,000.00 for development other than land g for land acquisition l not include ts 2. Me allowable determined by tlhietFAA Pto bthee ineligiect ble for Consideration as allowability under Ne Act. 3. Payment of the United States share of Ne allowable project costa will he made Forecast to and in accordance with Na provisions of such regulations and procedures ea the Secretary shell parasols. Final determination of the United States share will he based upon the final audit of the total amount Of allowable project costa and settlement will be made for any upward or downward adjustments to the Federal share of costa. q. The sponsor mail Comply with the Airport and Airway Improvement Act at 1982 and aball carry out and Complete the Project without undue delays and In acenrdame with the terms hermfp and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part v Assurances which are attached to and became a part of Nim offer. ithdraw 5. Me my tairerprlored the fight toto its acceptance by meed Or wSponsor.Nlm Offer at E. bligatedto PAY a" part ottthe the of the project unnited States sball not sex this offer hes been accepted by the spomor on or before 4[ember 21 2484 or such Subsequent data m be Fre crises in wr t ad DY the FAA. FAA Form 5100-37 M 2 (842) Page 3 of 4 pages I. Personae to Paragraph 15 of Part V, Assurances, of the application dared September 5, 1984, the sponsor hereby covenants and agrees to furnish the federal government without cost, only those areasand interests a set forth in Brhibit 'W" attached hereto and made apt hereof for the purpose so stated, together with the right to contact to ¢misting utilities and to utilize the utility Services involved to the emteut of available capacity at no re than pre- vailing rates. Deserver, it is agreed aud understood that the rights of the United States to coat free are" obtained under conspired front agree, are with the sponsor are attended for twenty years from the date of this grant agreement. furthermore, the responsibility for paying the cost ofrelocating any facilities located in such mat free areas shall be wade in accordance with Advisory Circular 150/5300 -IB, yAA Policy on Facility selocations Occasioned by Airport Improvements or Changes. 8. It is understood and agreed that the snew removal funded hereunder shall be considered a facility as that term Is used in both the Great Agreement and Sycamore Assurances which are part of the Project Application. Further, said equipment shall be operated and maintained by the sponsor and used exclusively at Bangor International Airport, Bangor, Maine. The Sponsor will not advertise for bide for the work to be accomplished under this project until final plane and specifications have been reviewed and approved by the Manager, Eofineering and Safety Branch, Airports Division. 9. TTS sponsor will obtain and Submit to the cognizant audit agency an orgaulvatinn-wide audit in accordance with Attachment P of M Circular A-102. Page 4 of 4Mea The Spanaor's acceptance of this Offer and ratification and adoption of Me Project Application incorporated herein Mall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance Mall scapulae a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1952, constituting the ubllgatfons and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions an Provided parole. Such Orant agreement shall become effective upon the Spencer's aoceptance of this Offer. UNITED STATES OF AMERICA FEUE A ATION A NISTRATION Ea d3+ manager, Qitle)egion to 0lvisiov �s'CI - New England Region Part IZ - AoceoNnoe The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreementscontained in the Project Application and incorporated materlals referred to in Ne foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of Ne terms and conditions thereof. Executed this 11th day of September , 19 R4. City. cf. Bem$ t Maine.......... N c an Bar) (SEAL) ///), it Mann er >'K"_ ��•J• :'{�ei Title.... .... ............. Attest .... f..`^�' ri... fle: City Clerk ........................ CERTIFICATE OF SPONSOR'S ATTORNEY I, Robert E. Miller, acting as Attorney for the Sponsor do hereby certify: net I be" examined Ne foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find shat Na Acceptance thereof by said Sponsor has been duly authorized and Nat the execution thereof is in all respects due and proper and in accordance with the lave of Ne State of Maine and the Act and further Nat, in my opinion, said Grant Agreement constitutes a legal and binding obligation of Ne Sponsor in Accordance with the terms thereof. Dated At Bangor, Maine thiall f S r 19 84 .... T ................ Title .... CY. o it Solicitr .. ....... FAA Form 5100-37 Last PG (8-92) ISEP D r t9B4 mw FEDERAL ASSISTANCE.'a9°fie: 9xm4 ChOm❑ AmOo "m rvuruc9naovwk a.O°c+ron m s 014 m ®uFurAmx mmmm ❑ xwsmnni w inion foo wm 1ORLp grmgr w nww u9rox .w.uunrataVatmmwnxn rED x ax .+,xlmF : City of Bangor 01-6000020 e00,00' me 1 Airport Department ctwN.a 9a : Bangor international Airpor makaaam • W 1 Bangor - 10,00 : Penobscot Maine 04401 F d Airport Improwemenf Is Ixm Peter R. D'Brrico4 Airport Manager F Program C I'942-_4 675 8 >not was, EP)Crvinpx e1 619O�PR Tax OF Install Runway Surface Condition Sensor System flwW FARM, Modify Existing snowplows Chad �imwun: emmha9a z samara s meas ww:m 1. Tax OF AmmovIct B W,aadM Lame afxre'l4® M W MG m1 MOICf Ix1/4T �N.e p bM WIC avxm GnOXAmma Int: wv. Bangor/Penobscot County 500,000 LAuormua "m0 e I& MORHAR) FUNDING mxammxu wammro or: mr OF Cxax4 ✓.F OR ma 6.0a,aa DFRawm. nexil:l� mass. 0;1 . mmmUff y MORF 2nd 2ndamama FORM,MORN -N/A 'FROR 900 A' tx' w iF=&W n' PAO1waNam e =OIL sums. male xe.u. . SoMATTO OATET>a w snNO FEDERAL mrxnrcwnu w mx nmxeEDPOAm OR ERa+ 9984 8 0 N MR.NCawt HUNa K F Vkse O4: mWmmL - LL® dmlui tra Region. Burlin t v MA 01803 w O x°ED 'rwt. a uawn ux xamu, it Ons,smw x.... sem+ n�aY9u sOR 4== m Wmi =, e�m::w '�°�,u ui :e muxmw..ww uuuw Assam as A"L AO M Not required Per PAA procedures❑ ❑ 'm Odir�wnUa 0.� ❑- ❑ Tma �ffix ^� w Implementing @B circular A-9 ❑ ❑ ,uFm WOO a9 fluor cwm snm e GIIMx Peter R. D'Brrico/ ® toAirport wmmi M,nAy'r 2C AGONOT r1.,y�5y-w cr0 DOT, Federal Aviation Administration, New England Region 5� Ofb 1BM at War M0llck ZLFC n g Airports Division vWgnSafety Branch !MT -W! �02 a xif'� 12 NewE gland Executive Park, Box 510, Burlington, NA01803 at e m cm a9 09 06 �mARn'm,P4 09 15 ®•AWARD oras x104 mon k 1984 O a ¢4:ma m 9a r KTi FOR w w Y. aswa w A35 w.:m oorse,n'�:iris°'n WOUNG 85 09 Oea[wmt4w • �s _ Donna R. Witte 37. xsa.tnna zOVB Onmumm WMER (61i) 2)3-0050 nrcu ❑n. r .,.. . a. wnP".F'u"'c a nm...`:u:.�.aFltw �...,:R4. omk VACAENT OF TRANSPORT. A TION. FEDERAL AmAT ION ADMIN IS T RATIOS c..e na. eanev. PART 11 PROJECT APPROVAL INFORMATION - -SECTION A m I. or "rest npuiu $tore, local, this asiie, Name of veining Body P.,"iru .ion a, o er er ori=city rating? Rating Pri oriry R=K ng a _Yea x No to 3. Is this asxi,mnc..Am..at uaube Scam, ar local Name of Agency or nso y, Id ... sOmal or hmith clevences. Bead _Yes N No (Attach Oaeumenroriion) m ]. de'IngFiew e.uesneguF moum inv S Miem (Attach Comments) aaadal.ceL.PM1cONO G.mlar AAS? _Tex xNo ad, , hii mxi rten<e reaue at nGuire Srvr e, local, Nem. of Approving Agency navel or ether plenning approval? Date — _Yesg_ No Re prapeud pole,! noaemd by an covered Check one: slate A1rport Master ensue plena Loral 'd Plan Regional � X Y,s _No Location of Plen mu..per. mS the ox xiumc..eauesmd sem a Fede.el Name of Federali, .:Ilarlan, Yes �_Na benefon iting Fedeel Santorini,benefiting from Prc ec oh', esm,mmee,queued be an Fed oral land Name of Fedemllmmll,snon ma:allmlan. Lai of FeLand _Yes x No of Prefect Percentral I M1eiroamee, reGa.,md hat. an imp=<t or effect I th see inet.aaian for aadumnal m�abe 'Intmmn m the a'vonmp provided. _ yes _X No 9, Number ot: II rF requested ec n fir s? lacament of Falriieels due65iemN�n, bus;nsses,o. firms? Families Business,, Tes K Na Fa me ss 10. Mer mF..related Federal a n this 'See Ions for addinonal infa.manon ro be cr pre mu ,Pend iny, ant clpareda p.ovided u< _Yes _7 NO OF TRAM $FO--RT.ATtop —FEDERAL AVIATI ON A OWNIST NATION was No. 04.X0249 PART U . SECTION C e Sponsor hereby mpamems and me cities as follows: 1. Compatible atible Land Cu.—The Spontor has crime the following motions to mar a compatible mage of land adjacent to or In of the airport: See Airport Master Plan for Specific Reco®endacioahe li. Defaudw.—The S rate is net in default an arm abliation to the United States my v of United States Gmwx ntelative to the development. open an Or mammnance f au. appear, except a stated heriwits. None the existence of climate or pmPosed Ione. use or M None d. Land. jr) The Spectral holds the following properly intemt in the following mem of land' which am to be developed u -ed as par of or in eonnethm with the Airport, eubjmt m See following "restate, enewelaw em, and adveree inmrrxe. Of which cams an 6emiled on the aforementioned proper.v map deagnamd as Exlebd "A': Fee Simple Title Exhibit "A" on file at FAA, N.E. Region, Surlingro , Massachusetts :b mm and Jut and Jesse,, Mr. he me sue wII arms of lrmm,^eed onfy beaidmuft d bennb. the .hmus am an. puma Irma of parts 3a SAA Form $1 Oa -100 twn OF j,RAN$PORTATION- FEOERLL AVIATION AOMINISTRATION mice N0. 04 9020e PART II - SECTION C (Continued) Near further certifies that the mune is based o title en asm on by a qualified omx; title m e mpma and that raw or title cretin. Ines determined that the ?poneir holds the ebme propers in eresta. The ipowror will acquire within a reasonable time, but in any :,m N prior to the am of any comma Work under C the following proper Internet in the fallowing areas of land` on which such cowsuctian work is to be performed, IIIareas are identiE an the aforementioned propem map de ipined IS Exhibit':Y'I None reeonable time. and if feasible prior to the completion of all construction work under act in the following areas of lmd• which are to be demlaped'oe wed as part of or in upon completion of the Pmjecu, ill of which areas am identified on the aforementioned None em B no Recent of an eahwive tight for the conduct of any weronautiol asst: at an, Amount owned except AS TIlows: None map. FAN Farm 5100-100 ot=n amens. team,, em. fair separate arta; of [and need ant,, be Paye db I•RTvwT OF TRANS rRTu I I . . ' . —... DIRMATION — CONSTRUCTIG. PARL IA11 BU GET NFOO " SECTION A — GENERAL Fed<.al Danesfc Assistance Cmulog No ............. 0.102 Fu. ®I a. Ot,, Breakout ............ ..... SECTION B —CALCULATION OF FEDERAL GRANT .A ........m C... a...Ificlw. n ... ..d <.,A..,,.. rTlm Acmin1YrAtlCA expense y300 S S S 3 000.00 5,500.00 Preliminary expense Land,structures, dgMat one ArzAi acturzl engineein third lees 2,900 otter mchtteCeal eagme-ing lees Bangor Admin. 3 000 Pmlect inspection lees Last 4evel"alt Relnc9ion Extmses ocaticn (aymmrs R Inowcwis CIA Sus nesses oesolition and removal 336,4)0 . conadm iqn am Pmlect lmPmvemsnt 6,000 . EquiPmmt . Ikh :ellaanus 406 8)0 . Total (Lines `: wrou h In) r Estimated lnmme til APlica01e1 . Ne! Protect Amowt !line trained 15) 406 870 _ . Less: IntligiOle Exclusions . And: contingencies 5.68% I 23 130 430.000 . Total PAIds Amt. (EFOodlag R Ilaillitah" Gnsts) 38),000 Fedmdi Share rear of Line 19 . Add Rehabilitation Grand Requested (100 Percent) . Total Federal grant reclested(Una N & 21) 387,000 21.500 . Grease stare 1,500 . Other snares Tota Project lLires 22, 23824) S $430030 . A Yarm Slari»Ter sur Ensaoef aA. FO sin .n PART IV - PROGRAM NARRATIVE PREAPPLICATION FOR FEDERAL ASSISTANCE AIRPORT IMPROVEMENTS BANGOR INTERNATIONAL AIRPORT 1. GENERAL The proposed project will be located at Bangor International Airport, Bangor, Maine. The Airport is the former Dow Air Force Base, which was closed and turned over to the city of Bangor i 1968/69. The heavy duty runway, taxiway and apron facilities can accommodate any size civilian or military aircraft. The airport presently serves domestic and international air carriers as well as general aviation traffic. Units of the U.S. Air Force Air Defense Command and the Maine Army and Air National Guard use the runway taxiway facilities at Bangor International Airport from separate areas adjacent to the airport property. 2. PROJECT DESCRIPTION The project is divided into two separate sections. The projects ares A. Install a Runway Surface Condition Sensor System on Runway 15-33. B. Modify existing snow plows and purchase 2 sanders 3. OBJECTIVES The proposed projects will benefit various types of airport users and wide range of aircraft from air carrier to general aviation aircraft. The proposed improvements will upgrade existing facilities and provide for increased safety and convenience for airport users. The proposed project provides for the following: A. Installation of a Runway Condition Surface Sensor System on Runway 15-33. The installation of the runway surface condition sensor _ system will enable a rapid determination of runway surface conditions and, as a result, be cost effective in snow and ice removal and increase the margin of safety. B. Modification of Existing Snow Plows ^ The modification of the existing snow plows will facilitate snow removal around the in -pavement runway centerline and touchdown zone lights installed under ADAM -11 and AIP-01. C. Purchase 2 Sanders The 2 sanders will be installed on existing snowplows and will be used for sanding runways, taxiways and apron areas. 4. GEOGRAPHIC LOCATION Bangor International Airport is located just east Of the central portion of the State of Maine in Penobscot County. The airport is two miles from downtown Bangor and approximately 25 miles from The Atlantic coast. The primary service are of the Airport includes the Cities of Bucksport, Old Town, and Orono and other towns within a 301 mile radius. The secondary service area includes a much larger portion of the State since it is the State's largest airport currently served by a certified air carrier and is a U.S. customs port -of -entry. The Airport also services supplemental air carriers.' 2 b. 49 CFE Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. a c. 49 DEC Part 27 - Non -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance. d. 41 CFP Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of Due Vietnam Era and Handicapped Workers). a e. 14 CFR Part 150 - Airport Noise Compatibility Planning. a Office Of Harassment and Budget Circulars a. A-95 - Evaluation, Review and Coordination of Federal and Federally Aaaisted.Programs and Projects. a b. A-102 - Uniform Requirements for Assistance to State and Local Governments. a c. FMC -744 - Cost Principles Applicable to Brants and Contracts with State and Local Governments. Executive Orders a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting. a b. 11593 - Historic Preservation. c. 11288 - Prevention, Control and Abatement of Nater Pollution. d. 11926 - Evaluation of Flood Hazards. Specific assurances required to be included in grant agreements by any of the above are incorporated by reference in thin grant agreement. Items marked with (m) apply to both development and planning Exacts. 2. Consistency with Local Plans. The project is reasonably consistent with place (existing at the time of approval of the project) of Public agencies authorized by the State in which such airport is located to plan for the development of the area surrounding the airport and will contribute to the accomplishment of the purposes of the Act. 3. Sponsor Fund availability. It "a sufficient funds available for that Portion of the project costa which are not to be paid by the rated States and sufficient funs to assure operation and maintenance of the facility for the purposes constructed. FPA Form 5100-100 (8-82) PART V .. ASSURANCES These assurances are to be attached t0 and become a part of this grant agreement. For airport development projects, these assurances shall remain Is full force eta effect throughout the useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer of Federal aid for the Project. However, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights and real property acquired with Federal funds. For Dlanning projects, only assurances no. 1 (as marked), 2, 3, 4, 16, 25, 260 30, 31, and 32 apPPly, unless Otherwise specified in the grant agreement. The sponsor hereby assures and oertiftes, with respect to this grant that: 1. General Federal Requirements. It x111 comply with the following laws, regulations, policies, guidelines and requirements as they relate to ,the applications acceptance and use of Federal funds for this project: Federal Leeislation a. Federal Aviation Act of 1958 b. Hatch Act r ' c. Federal Fair Labor Standards Act a d. Davis -Bacon Act e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II thtl III a I. National Historic Preservation Act of 1966 c Section 106 g. Archeological Bud Historic Preservation Act of 1966 h. Flood Diameter Protection Act of 1973 - section 102(a) i. 'Rehabilitation Act of 1973 - Section 504, Section 503 J. civil Rights Act of 1964 - Title VI a k. Aviation Safety and Noise Abatement Act of 1979 a 1. Age Discrimination Act of 1975 a. Architectural Barriers Act of 1968 n. Vietnam gra Veteram' Readjustment Assistance Act of 1974 - Section 402 0. Airport and Airway Improvement Act of 1982 P. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 Federal Reralation a. 49 CFP Part 21 - Nondiscrimination in Federally -Assisted Programa of the Department of Transportation - Etfectuatied of Title VI of the Civil Sights Act of 19621. a FAA Farm 5100-100 (8-82) 8 Y. Authority of Socroor. It has legal authority to apply for the grant, and to finance and construct the proposed Paoilitiesi that a resolution, motion, or similaraction has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understanding$ and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional Information as may be required. _ 5. Good Title to ASroort. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be acquired. b. Consideration of local Interest. It has given fair consideration to the interest eP communities on er near which the project may be located. y. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it bas afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community and shall, when requested by the Secretary, submit a copy of the transcript to the Secretary. 8, Air and Water Gua13t9 Standards. In projects Involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that tte-project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall he provided within sixty days after the project application has been received by the Secretary. 9. Economic Nondiscrimination. It will make its airport available as an airport for public use On fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses including the requirement that (A) each air carrier using such airport (whether as a tenant, statement, or subtenant of another air carrier tenant) shall he subject to such FAA Farm 5100-100 (8-82) 4 nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and such wndiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable clwsificatlens such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and Such classification Or status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already Imposed on tenant air carriers, and (B) each fixed -based Operator at any airport shall be Subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the Same or similar uses of such airport utilizing the same or similar facilities, and (C) each air carrier using such airport Shall Save the right to service itself or to we any fixed -base operator that Is authorized by the airport or permitted by the airport to serve any air carrier at such airport, and (p) that in any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm,. or corporation to conduct or engage In any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor -- (1) to furnish said services on a fair, equal, and not unjustly discrimiaetOry basis to all users thereof, and (2) to charge fair, reasonable, And not unjustly discriminatory prices for each unit or service; provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, Or othersimilartypes of price reductions to voluma purchasers. (E) that it will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its two aircraft with its own employees (Including, but not limited to maintenance and repair) that it may choose to perform, and (F) in the event the sponsor itself exercises any of the rights and privileges referred to in this Assurance, the services involved will be provided on the send conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. Provided, that the sponsor may establish Such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if Such action Is necessary ary for the safe operaiton of the airport or necessary to servicethe civil aviation needs of the public. FAA Form 5100-100 (8-82) 5 10. Exclusive Rights. It x111 permit no exclusive right for the w.... the airport by any.persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical far more than one fixed -tweed operator to provide such services, and (2) if allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or parent any parent, firm or corporation the exclusive right at the airport, or at Any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crap dusting, aerial advertising and surveying, air carrier operations, aircraft sales and cervices, sale of aviation petroleum product's whether oractconducted in conjunction with other aautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft n be regarded as an aeronautical activity, and that it will ter - cleats any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act. 11. Airoort Operation and Maintenance. It will suitably operate and maintain the airport and all facilities thereon or coenected therewith, with due regard to climatic and flood conditions. It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards m may be required r prescribed by the applicable Federal, State and local agencies for maintenance and operation, the airport and all facilities which are necessary to serve the aeronautical users Of the airport other than facilities owned Or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes; provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical use e during temporary periods when an", flood or other climatic conditions interfere with such operation and maintenance; and provided further, that nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged Or destroyed due t0 an act Of God Or Other Condition or FAA Form 5100-100 (8-82) 6 circumstance beyond the control of die sponsor. In furtherance of this covenant,the sponsor will have in effect at all times arrangements for -- a. Operating the airport's aeronautical facilities whenever required; b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and c. Promptly notifying airmen Of any condition affecting aeronautical use of the airport. 12. Hazard Removal and Mi '• ti It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 13. Comoatlble Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to Of in the immediate vicinity Of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 14. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all thoseusable for landing and takeoff of aircraft to the United States for use by Government aircraft In common with other aircraft at all times without Marge, except, if the me by Goverment aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities need. - Unless otherwise determined by the Secretary, dr Otherwise agreed to by the sponsor and the using agency, substantial use of an airport by government aircraft will be considered to "let when operations Of such aircraft are in excess of those which, ic the opinion of the Secretary, would unduly interfere with use Of the landing areas by Other authorized aircraft, or during sty calendar month that -- a. Five (5) or more Goverment aircraft are regularly based at the airport or on land adjacent thereto; or b. She total number of movements (counting each landing as a movement) of government aircraft is 300 or mom, or the gross accumulative weight of government aircraft using the airport (the total movements of goverment aircraft multiplied by gross weights of such aircraft) is in excess of five million Pounds. 15. Land for Federal Facil+ties. It Will furnish without cost to the Federal Goverment for construction, operation and maintenance of FAA Form 5100-100 (0-82) 6.1 facilities for, and usesit connection with, any air traffic enrol or air navigation activities, or weather-reporting and communication activities related to Air traffic control, any s of Sand or water, or estate therein, or rights in buildings of the sponsor as the Secretary c nsiders necessary or desirable for construction at Federal expense of space or facilities for such purposes.- Such Areas or any portion thereof well be made available as provided herein within four months after receipt of written requests from the Secretary. 16. Standard Acenuntinr Systems. It will keep all project accounts end cords in accordance with a standard system of accounting prescribed - by the Secretary. 17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities end aarvlces being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account c .such factors as the volume of traffic and economy of collection, except that no part of the Federal share of an airport development or airport planning project for which a grant is mvio under this .title or under the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be Included In the rate base in establishing fees, rates, and charges for users of that airport. 18. Resorts and Inspections. It will submit to the Secretary such annual or special airport financial and operations reports as the Secretary may reasonably request and will make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. _ 19. Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the capital or operating costs of the airport, the local airport system, or other local facilities which am owned or operated by the ow operator of the airport and directly related to the actual transportation of passengers of property, provided, however,that if covenants assurancesor in debt obligations previously issued by the owner Or operator of the airport, or provisions in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport Owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or Operator's general debt obligations or other facilities, then this limitation on the use of all other revenues generated by the airport shall not apply. FAA Form 5100-100 (8-82) 20. Consultation with. Users. In making a decision to undertake any airport development project under this title, it shall undertake reasonable consultations with affected parties using the airport at Which the project is proposed. 21. Terminal Develooment Prereouisites. For projects which include terminal development, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and bas provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. ' 22. Construction Neotion and Ap IS N. It shall subject the construction work on any prgJect far airport development contained in an approved project grant application to inspection and approval by the Secretary and such work shall be in ac ordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary stall deem necessary. 23. Minimum Wame Hates. It will include, in all contracts in excess of $2,000 for work on projects for airport development approved under this title Which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 24. Veterans Preference. It shall Include, in all contracts for work under project -grants for airport development which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and superviwry positions), preference Shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 25. Audits and seeordkeening Penuirements. It shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program in connection with which the grant is given or used, and the amount FAA Form 5100-100 (8-82) 8 anc that port__a the e plan. or prcgr. - supplied by : other sources, and such other records as will facilitate an effective audit and it shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to grants received under this title. ibe Secretary may require that an appropriate audit be conducted by a recipient. 26. Audit Resorts. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the plan or program in connection with which the grant was given or used, it shall file certified copy of such audit with the Comptroller General of the United States not later than six months following the close of the fiscal year for which the audit was made. 27. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 28. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sax, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. 29. Airoort Layout Plan. It will keep up to date at all times an airport layout plan of the airport shoving (t) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas awned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature - of,all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed onaviation a and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereon, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities other than in conformity with the airport layout plan as so approved by the Secretary If such changes or alterations might adversely affect the safety, utility, or efficiency of the airport. FAA Form 5100-100 (8-82) 30. Preserving Airoort Rights and Powers. It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances herein without the written approval of the Secretary, and will act to acquire, extinguish or modify any outstanding rights or claims of right of others which would interefere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. It will net dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. The obligation to perform all such covenants may be assumed by another public agency found by the Secretary to be eligible under the Act to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the airport by Any agency or person other than the sponsor or an employee of the sponsor, the sponsor will roserve-sufficient fights and authority to insure that the airport will be operated and maintained in accordance with the Act, the regulations and these covenants. 31. Construction Accemelishment. It will execute the project in accordance with plans, specifications, and schedules as approved by the Secretary, and incorporated herein, or with modifications similarly approved, and will provide and maintain competent technical supervision at the construction site to assure that completed work conforms with the approved plans and specifications. 32. Planning Protects. In carrying out planning projects, that: a. It will Tarnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. b. It will include in all published material prepared in connection with the planning project a =Lice that the material was prepared under a planning grant provided by the Secretary. c. It will make such material available for examination by.the Public, and agrees that an material prepared with funds under this project shall be subject to copyright in the United States or any other want". d. It will give the Secretary =restricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. FAA Form 5100-100 (8-52) e. It x111 grant the the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well m the right to disapprove the proposed scope and cost of professional services. f. It will grant the Secretary the right to disapprove the use of the sponsor'a employees to do all or any part of the project. g. It understands and agrees that the Secretary approval of this project grantor the Secretary approval of any planning material developed as pert of this grant does not constitute or imply My assurance or committment on the part of Me Secretary toapproveany pending or Future application for a Federal airport grant. FAA Farm 5100-100 (8-82) STANDARD DOT TITLE VI ASSURANCES The (Name of Sponsor ThA c5.. ) (hereinafter referred to as the sponsor z THAT as a condition to receiving any Federal financial assistance from the Department or Transcortacion it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (herein- arter referred to as the 'Act"), and all requirements Imposed by or pursuant to Title 49, Code of Federal Regu- lations Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") and other pertinent directives, to the and that in accordance with the ActRegulations, and other pertinent directives, no i person n the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the sponsor receives Federal financial assistance from the Department of Transportation including the Federal Aviation Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect. to Alp Project No. 3-23-0005-02 1. Thatthe sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be, (with regard to a "program") conducted, or will be (with regard to a "fa- cility") operated in compliance with all requirements im- posed by or pursuant to the Regulations. - 2. That the sponsor shall insert the following noti- fication in all solicitations for bids for work or material subject to the Regulations and made in connection with AIP Project No. _ _ and, in adapted fors n a proposes for negotiate agree- ments: The (Name of Sponsor cit I sen or in ) . in accordance with Tat e o t e Civi ig is Acc of 1964, 78 Stat. 252, 42 U.S.C. 2000, to 2000d-4 and Title 49, Code of Federal Regulations, Depart- ment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Acc, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to chis adver- tisament, minority business enterprises will be afforded full opportunitytosubmit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. That where the sponsor receives Federal finan- cial assistance to construct a facility, or part of a facility, the assurance shall extend to .the entire fa- cility and facilities operated in connection therewith. 5. That where the sponsor receives Federal finan- cial assistance in the form, or for the acauisition of real property or an interest in real property, the as- surance shall extend to rights to space on, over, or under such property. 6. That the sponsor shall include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered Into by the sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved under the Airport Improvement program of the.Federal Aviation Administration, and (b) for the construction or use of or access to space on, over, or under real' property acquired, or improved under the said Airport Development Aid Program. 7. That this assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal finan- cial assistance is to provide, or is in the form of, 2 - personal property, or real property or interest therein or structures or improvemencs thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provisions of similar services or beneifts, or (b) the period during which the sponsor retains ownership or possession of the property. 8. The sponsor shall provide for such methods of administration for the program as are found by the Secre- tary of Transportation or the official to whom he dele- gates specific authority t0 give reasonable guarantee that is, other sponsor, subgrantees, contractors, sub- contractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assur- ance. 9. The sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal finan- cial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airport Imorovment program of the Federal Aviation Administration and is binding on it, contractors, sub- contractors, transferees, successors in interest and other participants in the AIP Project Na. 3-23-0005-02 The person or persons whose signa- tUFe—a a— pp�low are authorizedto sign this assurance on behalf of the sponsor. f ponsor o by i5 gnatuxa of Aue oTi rized Of t a - 3 ATTAChMENT 1 During the performance of this contract, the contractor, for icself, its assignees and successors in interest (here- inafter referred to as .the "contractor") agrees as follows: 1. Comoliance with Regulations. The contractor shall com yy with one Regss ac ons relative to nondiscrim- ination nFederally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49 Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the wor per-kTormedSyit during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Pro- curements or matertals an qurpment. In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be perforaed under a sub- contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations rela- tive to nondiscrimination an the grounds of race, color, or 'national origin. 4. Information and Reports. The contractor shall provide a= repand reports required by the Ae- gulations, or directives issued pursuant thereto, and shall permit access cc its books, records, accounts, ocher sources of information, and its facilities as 'may be determined by the sponsor or the Federal Aviation Administracion to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the esclu- - 4 sive possession of another who fails or refuses to furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appro- priate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Nonco lience. In the event of the contractor s noncomp lance wit the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to -- a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall incluZ�ie pros paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives.issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Pro- vided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the inter- ests of the United States. 5 - ATTACFAENT 2 The following clauses shall be included in all deeds, li- censes, leases. permits, or similar instruments entered into by the City of Bangor. Maine, pursuant to the provisions of Assurance 6(a). The (Grantee, licensee, permittee, etc., as appro- priate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the con- sideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are construc- ted, maintained, or otherwise operated on the said prop- erty described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose in- volving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in com- pliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Ticle VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above non- discrimination covenants, the City of Bangor, Maine shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above shall have discrimination covenants, the City of Bangor, h the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall there- upon revert to and vest in and became the absoluate proper- ty of the City of Bangor, Maine and its assigns. - 6 - The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the City of Bangor, Baine pursuant to the provisions of Assur- ance 6(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (In the case of deeds and leases add "as a covenant running with the land:) that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that In the const=ction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national ori- gin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other re- quirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Sub- title A, Office of the Secretary, Part 21, Nondiscrimina- 'tfcn in Federally -assisted programs of the Department of Transportation-Eifectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondis- crimination covenants, the City of Bangor, Maine shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Bangor, Maine shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the City of Bangor, Maine and .its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. - 7 -