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HomeMy WebLinkAbout1982-09-27 82-247 ORDER82-247 Introduced by Councilor weymouth, September 27, 1982 CITY OF BANGOR (JITLE.) (oraBTf....Aytn 1 inx Execution of Grant. Agreement_(%sxiect Ms. ..... 6-23 0005 12) - Bangor International Airport.. BY the City Council of the GSty ofBanyor: ORDERED, - THAT the City Manager, on behalf of the City of Bangor, is hereby authorized and directed to execute a GrantAgreement withtheFederal g-aa-aeas--a% Aviation Adminfatration (Project No. 6-3 005 9'2i, a copy of Mich is on file in the office of the City Clark, and to take 811 other necessary action, including the execution of documents and contracts, for purposes of providing for the installation of Touchdown gone Lighting on Runway 15-33, nangor International Airport, and preliminary Design Ramp Drainage Structures Rehabilitation. 82-297 ORDER IN CITY CGBR'IL Beptember 27. 1982 - ride . Passed as Aoended. Amended - Contract No. from "6 23 OOQ5-12" - ;. to Head "3 23 0005 -01". Eme[gency A�thosicing IXecution of Grant±Agieem8At .......................... �. Legislation. Because of the deadline', this has to be filed with the F.A.A. (Project No. 6 23 0005 -12) Bangor by teNo 30. 1982. ..........:....'....................... 11( �/ International Airport. Ci zeal: �( /�--jj}} t[od ad and filed ty ////////////��-�yyyyyyjjjj}}}}N :. .L.. ... .... 1 ..... ' G✓�iman F '+'. '82 .StN23 N�.j[ " C(C iYi � " lCkd _ _ex QV of Pansar, Maine .< LEGAL DEPARTMENT :• 0me Sept. 27, 1962 ow Solicitor Memo To: Councilor Albert Weymouth S,b�: Council Order No. 82-247 This morning I was advised that the Project Number listed in the above -indicated Order is incorrect. Therefore, before this Order is adopted, it should bea ended to substitute the following Project Number: 3-23-0005-01. The amendment should be made to both the title and to the third line of the Order. I to cc: City Manager City Clerk 1�r�es "�,i-a5�7 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - Offer Data of Offer September 24, 1982 Bangor International ASrportRERNNNENAAAumt Project No. 3-23-0005-01 Contract NO. FA -NE -82-5 TO: 'City of Bangor-, Maine (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation _ Administration, herein celled the •FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 13, 1983 for a grant of Federal funds for a project at the Bangor International Airport together with plans and specifications for such development project, )SO Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area - (herein called the "Project") consisting of the following: - Install touchdown zone lighting Runway 15, including miscellaneous electrical vault improvement; study terminal ramp drainage system all as more particularly shown on the sketch and estimate approved by the Supervisor, Engineering Section, Engineering and Safety Branch, Airports Division, by letter dated September 20, 1982, incorporated herein by reference. FAA Fore 5100-37 PC 1 (842) Page 2 of 8 pages NON TESEEPORE, pursuant to and for Me purpose of carrying Out the provisions of the Airport end Airway Improvement Act of 1982, herein celled the eAct,^ and In consideration of (a) the Sponsor's adoption and ratification of the "presentations; and assurances contained in said Project Application and Its acceptance of this Offer as hereinafter provided, and (D) the benefits to abcroe to the United Staten and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, TO FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF TO UNITED STATES, FEREBY OFFERS AND AGREES to pay, as the United States Mare of Me allowable costa Incurred in accomplishing the Project, 90 percent of such costs. This Offer Is made on and subject to Me following terms and conditions: Standard Conditions 1. The maximum obligation of the United States payable under this offer shell be $514,850.00 which is comprised of: 6 for planning E 514.850.00 for development other than land $ for land Acquisition 2. The allowable costa of the project Mall not include any coats determined by the FAA to be ineligible for consideration as to allowability under Me Act. sts 3 Pill be maent de p Vairsuant toates share of the and in accordance with the Provisiowable proitet ns pursue of such regulations and procedures as the Secretary shall prescribe. Pial determination of the United States Mare will be based upon the final audit of the total ,moons of allowable project oats and settlement will be area for tY upwardwardor downward adjuatmenta to the Federal sabre of costs. _ V. The sponsor shall comply with Me Airport and Aim" Improvement Act of 1982 and shall carry cat and complete the Project without undue delays and in accordance with Me terms hereof, and such regulations and procedures as the Secretary shall prescribe and agreea to fully comply with the Part v Assurances union are attached to and become a part of this of far. 5. The FAA reserve, Me right to based or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall Out be obligated to pay any pert of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1982, or such subsequent date SS may be preset M Sn wr t ng by the FAA. FAA Form 5100-37 M 2 (8-82) 1. The following Assurances are added to Part v Assurances attached to this offer: 33. Audit. It Fill provide for audit of this grant project to be made in accordance with Attachment P Of Office of Management and Budget Circular A102. 34. Section 30. It will undertake an affirmative action program, as required by 14 CPR Part 152, Subpart E, to ensure e that no person shall. on the grounds of creed. color, nationalr e origin. a om x, be excluded frpartiel- patingin any employment, contracting,or leasing activities covered In 14 CPR Pert 152, Subpart E. The sponsor assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity cover" by this subpart. The sponsor assures that it will require that its covered organizations provide assurance to the sponsor that they similarly will undertake affirmative action programa and that they will require assurances frtheir suborganizations, as required by 14 CPR Part 152om Subpart E, to the same effect. It agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 152, Subpart E, s part of the affirmative action program or by any Federal, State, or local agency or court, Including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The sponsor agrees that State or local affirmative action plan will be used In lieu of any affirmative action plan or steps reunited by 14 CPR Part 152, Subpart E, only when they fully meet the standards get forth in 14 CFR 152.409. The sponsor agrees to obtain a similar assurance from its covered organizations, and to ,use them to require a similar assurance of their covered suborgsnizations, as required bCPR _y 14 Part 152. Subpart E. 35. Minority BusinessEnterprise (MBE) a It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CPR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole Or In part with Federal fonds Order this agreement. Consequently, the IBE requirements of 49 CFR Part 23 apply to this agreement. b. The sponsor or its contractor agrees to ensure that minority business enterprises, as defined in 49 CPR Part 23,shave the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or In part vith Federal funds provided Order this agreement. In this regard, the sponsor or its contractors shall take all necessary ary and reasonable steps in accordance with 49CFOPart 23 to square that minority business enterprises have the maximum apportu- city to compete for and perform contracts. The en and its con- tractors - trectors shall not discriminate on the basis of r conolor, national origin, or sex in the award and performance of DOT- assisted contracts. Page 4 of g Pages c If, as a condition of assistance, the sponsor has submitted and the Department has approved a minority business enterprise affirmative action program which the sponsor agrees to carry out, this program is Incorporated In this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. upon notification to the sponsor of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CPR Part 23, Subpart R, which sanctions may include termination of the agreement or other measures which may affect the ability of the sponsor to obtain future DOT financial assistance. d. The sponsor agrees to advise such subreciplent, contractor, or subcon- tractor that failure to Carry out the requirements in 49 CPR Part 23, paragraph 23.43(a), shall constitute a breach of contract and, after notification of the Department, may result in termination of the agreement or contract by the sponsor or such remedy as the sponsor seems appropriate. e. Concerning lessees, the sponsor agrees that it shell not exclude MBEs from participation in business opportunities by entering into long-term, exclusive agreements with non -MBEs for the operation of maior transporta- tion -related activities or major activities for the provision of goods and services to the facility or to the public on the facility as set forth in 49 CPR Part 23. 36. Equal Opportunity Clause. a. It agrees that it will be bound by the equal opportunity clause of 41 CPR Part 60-1.4 with respect to its own employment practices when it participate& In Federally assisted construction work: provided that if the applicant so participating is a state or local government, the equal opportunity clause is not applicable to any agency, instru- mentality, or subdivision of such Government which does not partici- pate in work on or under the contract. b. It agrees that it will assist and cooperate actively with the PM and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor, that It will furnish the PM and the Secretary of Labor such information as may be required for the supervision of such compliance, and that it will othervlse assist the PM in the discharge of the agency's primary responsibility for securing compliance. c. It further agrees that it will refrain from entering into any contract or contract modification, subject to Executive Order 11246, of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Page 5 of 8 Pages equal opportunity clause as may be imposed upon contractors and subcontractors by the PAA or the Secretary of Labor pursuant to Part II, Subpart 0 of the Executive Order. In addition, the sponsor agrees that if it fails or refuses to comply with these undertakings, the FAA may take any or all of the following actions: cancel, termi- nate, or suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance to the sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance e has been received from the sponanr; o refer the case to the Department of Justice for appropriate legal proceedings. 37. FAA Parking. a. The sponsor agrees to provide, without charge, adequate parking spaces for motor vehicles used by the FAA far official business in connection with PAA facilities and equipment located on the airport. b. The sponsor agrees to provide automobile parking facilities for FAA employees stationed at the airport on terms consistent with those established for other workers. Me following text is added to the Part v Assurances as numbered: Add to Assurance 1. General Federal Requirements, under Federal Legislation: "p. Paverplant and Industrial Fuel Use Act of 1978 - Section 4031' Add to Assurance 9. Economic Nondiscrimination: "Provided, that the Sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport a may be v aary for the safe and efficient operation of the airport' and Provided Further, That the sponsor may prohibit o limit any given type, kind. or class of aeronautical use of the airport if such action is n c sary for the safe operation of the airport or necessary to serve the civil aviation needs of the public." Add to Assurance 30. Exclusive Rights: "It further agree that it will not, either directly or indirectly, grant r permit any person, 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, ,no dusting, aerial advertising and surveying, air carrier operations, aircraft sales andservices, sale of aviation petroleum products whether or not con- ducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an Page 6 of B W Pages aeronautical activity, and that it will terminate any exclusive right to conduct anautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act." Add to Assurance 11. Airport Operation and Maintenance: "It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by the applicable Federal. State and local agencies for maintenance and opera- tion, the airport and all facilities Mich are necessary to serve the aero- nautical vs of the airport other than facilities owned and controlled by the United States, and will not permit any activity thereon which would inter- fere with its use for airport purposes: provided, that nothing contained herein shall be construed to require that the airport be operated for aero- nautical was during temporary periods Men same, flood, or other climatic conditions Interfere with much 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 to an act of Cad or other condition or circumstance beyond the control of the sponsor. In furtherance of this movement, the sponsor will have in effect at all times arrangements for-- a. Operating the airport's aeronautical facilities whenever required; I. 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. Add to Assurance 30. Preserving Airport Rights and Powers. "It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the programmer holds bonds, whichever is the longer. the obligation to perform all such beensnma a y be a umed by another Public agency found by the Secretary to eligible under the Act to a such obligations and baying the power, authority, and financial resources assume carry out all much obligations. If an arrangement Is made formanagement or operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to Insure that the air- port will be operated and maintained in accordance with the Act, the regulations and these covenants. Delete from Assurance 22. Construction Inspection and Approval ... before the project 1a advertised..." b. The Federal government does not now plan orti contemplate the construction of any structures pursuant to Paragrapb 15 of Part V, Assurances, of the project application dated September 13, 1982, and therefore, it is understood and agreed that the sponsor is under no obligation to furnish any such areas or rights under this grant agreement. 9. The Sponsor is of the cost of operating and maintaining the airport lighting syatemand eagrees to maintain said airport lighting in good operating condition in accordance with applicable advisory circulars. sponsorThe lighting system throughout each enight ofdthe ryear tand pthat eitbwill port promptly issue NOTJU S of any outages o malfunctions of the lighting system and//oo r the restorations thereof to service. 10. It is understood and agreed that the sponsor will proceed in an expeditious manner in order to Physically complete any construction under this project prior to the end of the 1983 construction seThe selection of a engineer will be accomplished 1n accordance with Advisory Circular 150/5100-14, subsequently a predesign conference will be arranged. The sponsor will not advertise for bide until the final plans and specifi- cations have been reviewed and approved by the Supervisor, Engineering Section, Engineering and Safety Branch, Airports Division. A schedule indicating planned dates for selection of engineer, predeaign conference, submission of final plans and specifications, bid opening, and impletion of construction for each contract will be submitted to the Manager, Engineering and Safety Branch, Airports Division, for approval prior to October 15, 1982. 11. This agreement includes $.I6 authorized for obligation under the Airport and Airway Development Act of 1970 and therefore this grant is also subject to all the Provisions of that Act and of 49 CPR Part 152. This amount is comprised Of the following Sooners: a. for planning b. $.76 for development C. for land acquisition Page 8 of 8 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Improvement Act of 1982, constituting the obligations and rights of the United States and the Sponsor with respect to the mo mplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED 7(Ttl3 OP PICA A1��I1 FEDERALIONTR 0 .... ... RenegeSAirports Division New England Region Part IP - Acceptance The Sponsor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in no 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. Executed this 28th day of September , 1982 . City of Bangor, Maine eor) By. ............. (SEAL)yp �j:� �.G•'• L"_" Title. LY.dfana9 ........... Attest: . .. �. ........ Title: City Clerk CERTIFICATE OF SPONSOR'S ATTORNEY I,Robert E. Miller, acting sa Attorney for "a Sponsor do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and Chet the execution thereof is in all respects due and proper and 1n accordance with the laws of the State of Maine and the Act and further that, in my opinion. amid Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Bangor, Maine this 28tgls;\tea\f\ Go! rr/ , 19 82. ..... 4- +e�iT+a............ Title ... Gity.Eolicabbm........ PAA Form 5100-37 Last PG (842) w;ENI .,x, maxons FEDERAL ASSISTANCE menu OPINION NON N p Cl rwruunw ..a me MO1. W MOW CAainamaBequal NEDGENE rW ❑ x9xratrax or INTENT max& ci"a" ❑arcamnDwa uoa LEGAL AnUCWTIREMINNEINT a runnur e0020ce pnnHOTNntAox x City of Bangor - b. YVEI.EN mu 2 Airport Department .. mnOA me Bangor International Airport PRO, I mmm 1210111110121 Airport Development Bangor Penobscot IM, Maine &OPEN, 04401 T+^+ All Program Peter R. n'ErriCO3 Airport Manager rxeim pLaNNEEWAMI A T AND DESCRIPTION or ruuNrs m ar E. WINE OF A Gxe.ri,n:x p$p$p$ Installation of Toucbdavn Zone Lighting. PON Drainage Structures Rebabilitation D me, Nou: NF /)' Preliminary Design rF-°ryuWIN vol`mu n'P rax, omenae•m AN xnENN am � INMINE AOF F4HN IMP ossD aN n.� ommma INBangor 500 Quo END..® n xa0 'sa.Oo: 514,850 ni mnm . Z 2 MI I-Iks� ONN.NdIr NO IN Iz. L" D82 v'mxD iowuxunox xuxeeN is 9 15 N/A Awr ren es s no.i�lnxraKane,.@sY EOL Administration, WE Region. Burlington, MA 01803 M T. 00 bxu4 s- & N AY�^,wxxa Pw,nwMx�a�ni�,e m..: ®i mWu w Dlyi�exu ,mi: aeaa WE ME Mme¢ NO a � Not required Per FAA ProceduresO 0 iFIn EON ONA,w Imolem nine OMB Circular A -95 - w NO ca Reeve... Vol. 42. No. 222 -Nov. 17. 19770 Fed. Cl War Deep Num: •GERNIPTING Peter A'xDD'Erxico / -Y- �9:/� ey gl 9 3 as Airport Mareaer M1•u<. M TION PAA/New England Region 4 ISU oRGARUNTIONAL DFN vgineeringr6safety ffi JRnIB 189? OLEN Airports Division Branch H EYngland ENcutenive Park, Burlington, MAo>i803 at FECL FA-NE-89 -.10 mcnameaurin IN.Aun xni w m x ...u, +w s 1 r y j & A Amon wrz& "82 09 24 o XOed2 el e p & w WIN IN (ff. mn "„ NNI ��. .N en INSI .mrtxxx NON 3 lE ❑. urv&m wA R. Witte v9 O el xs Ap "DO Tel. (617) 273-7237 AN g pieowm(WO YOr max, L 11 m, eme=: ON ON,�ne,,. "_ .....w x...:",aw:..OT DEPPRRIpT OF TRANSPORTATION. PI DERAL Avunap AonNrsiRATlax N PART It we ni ra.ed PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require Said, Ideal, Name of Governing Badly regional, dr other plenty rating? Priority Rating _Yesg No Item 2. Do" this ass is Mace request require State, or local Name advisory, educananaI ar harm clearances? Baa —Yes y_No (Attach Documentation) Item 2. Dome chis assistance request require cIear, n9hause revie, (Attach Comments) I, demureness with OMB Circular A.95? _Yes X No Item d. Dace this aszi stance request require state, Ideal, Nem, of Apprz ing Agsnq regional or other planning approval? Dare _YesL Ne Item 5. Is the proposed Project cawed by an approved Check one: Star ] Airoaet Nastex Plats re ampMnsive plan? Local T1 OOdate On file. Regional r] R Yes—No Location of plan tab "'31 R.FI il.r" Past Will the assistance requested semen Federal Named Federollnston installation? _Ta: X Na Federal Populationbmrnmfialiring Rare Project - Item ). Will the assistance mdu ARM be an F,der,l land Name of Federal lnstallan,, r mmallatimf Location of Federal Land _Yes X No Percent of Praiect Item 0. Will the assistance requested h,ve an impact m effect Sts insrrvctien for additional Information to M on the rmvimmnem? provided. _Yes A No Item 9. Number of. Wille assistance requested cause the displacement of lndivid,Ws individuals feNili m, business", or Mime? Families Businesses Ts % Na Farms Item 10. Ts them other related Federal assistance on this See instructions for addirmnal mMrm«ion ro be project firewater pending, or anricm,Md? provided. es _ x No FIRM $101.1m) iWM SUP IRSHIMIS FAA FORM moaIS PAGIMI TIIAU 7 Pape 2 PART II — SECTION 8 11. SITES AND IMPROVEMENTS: Not required, X Attached as exhibits APPIIC30 imerds to acquire the site lhrougir Emmuntdcmain. Negotiated pmchaze, Ar IN Other means(spcity) IL TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: A Applitanl, Agency or'msNWian o aliip No fact life � OtM(twily) 13. INDICATE WHETHER APPLICANVOPERATOR HAS: IN Fee simple tidl LeasahoW interest, DBMS( eCiC) 14. IF APPLICANCbPERATOB HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION: a. Lenph Of lease or Ill estate Interest_, ant %tuber of years to run I. Is lease renewaple2 Yes No C. CmrerA appraised value of law ASIA d. Animal (SIM rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANVOPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID. •+ 16. WHERE APPLICABLE ATTACH SITE SURVEY SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS. 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. IB. ATTACH PILOT Prr 19. CONSTRUCTION SCHEOULE ESTIMATES: _ Not lequireq_ Being lvepred._X Attached as exhibits Percentage A f4wi tae Of daWHMs and Specifications at application dab: IsraeMic no % Prelim;) —% Fiml ON, N. TARGET DATES FOR: Bid AMerlisenent December 1, 1982 Coll Award ]aev ry 3, 1983 Construction Completions Ooapmy Senb®ber 1, 1983 21. DESCRIPTION OF FACILITY: Not required X Attacbed as exhibits Drawings— Attach arty drawings Rich will ass in describin the proI Shicilicalioms— Attach copies of Completed odliR s ificaiOns. (it d ings aN specifications have nN been fully CoMIOW, pleat¢ attach copies or wonting dtaxings that have been completed.) NOTE, ITEMS OR I "IS SICIT ARE URFA A 'INNOCENT; TImi NO INSTRUCT OIC 'It 9101.0 CO. FAA Ferm SIM Iran IEnM NwevSewee FAA FORM area Ie es Des i THAI v Parse 3 DEPARTMENT OF TRANSPORTATION— FEOERAI. AVIATION ADMINISTRATION Oma No. 04RO20 PART 0 - SECTION C The Spon er hereby repromms a" ceetiGm in follows: 1. Compatible Land Use. -The Spector hu taken the following actions to sense mmpmWe i mgm of lend adjacent to or in NO vicinity of the airport See Airport Master Plan for specific recommendations 2. y e1.Everoethedeeel onsnfa r is not in default on any obligation to the United Suns or any Room of the raised States Govem. cos tr opmmt,operation, or msintemmce of am export. except in stated herewith: None 3. Posed a Disabilities -There tae an facts or eimurmtancm (imluding the er meme of effective or propwed lases, not agree enb or other legal' tmme anffenLng we of tM1e Airyort osthe eautame of pending liLiimt, or other legal pmcesding) which in Of PAN a probability might make it lmmmiIde for the Sponsor to carry, out and complete the P�Oct or can", out the prorisiom of Put V of dx Application, eitlar by Lmidy ib legal arfimxul abiliy m o[M1ervve, except see fo Iowa: None 4. Lehi The Spomr Imlds the following property interest in the following areas of limit which arc to he developed or need ie Pont of or in connecting with the Airport, sabjem a the following exceptions, meumhremes, and mi interests, - all of which rima tae identified on the aforementioned propay map designated a Exhibit "A": Fee Simple Title Exhibit "A" on file at FAA, NE Region, Burlington, Massachusetts. 5kre chewier o(propar, member in cash men aM list oxd identify fm seed all exceprov. encumbrances, and adverse interest$ of mery kind red narun, "hadi,y Una, eaumenu, lamer, etc. The separate arse$ of land need only be identified he" by the mw wmdem $Mvn on the Property map. FAR Farm 51011-101) +am Fps 3n DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART IT - SECTION C (Conriwed) time NO. Susanne The Sponsor further rectifies that the .bone is based on A title nam,onan by a qualified attorney 07 title company and that web m aney or title company hes determined Net the Spomm holds the above property interots. (b) The epomor will acquire within a mosonable time, but in any event pwr to the start of any construction work under thA Vm1 t, the following poppeerny interest in the following was of land* on which such contlrvenon work is to be performed, - all of which was ase identiMare the aforementioned popmty map drummed AS Exhibit "A": Nave Pm The Spomor will mquin within a mersable time, and if feasible p� a the completion of all combination work under Me ject, the (ollowitg Property interest in [M1a followinnHH (IoM^ which w to a develoeed'or used us part of or in neeti0n wi[M1 the Airport m it will b r upon completion of the Project, all of which meas w identified on the aforementioned property coup deWpetad as Exhibit "A": None 5. Exclusive RiM. These is no 8s+at of an exclusive tight for the conduct of any aeronmtical Activity at any airport owned AT controlled by Ne p0aso except m follows: None ^Sean rhwahr of Property murvot in each arm and ILS and idmnjy for Such dl ex,ceposims, etrumbramen, aFastuintense, odvee of every kind and mtwi, ousing, limes, contents Lane, tie. The npame areae of land need only be Wenriylied hen by the arta nambmauMwn on the property MI FAA Farm 5100-100 (tall Pyo 31a WARTMRNT OF TawsremAT00- Feoeux avunON Ao.wrsrnnnom PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL I. Fedeml Demesam Assmmnee Camleg No ............. 96 162 2. Fuxeiaoel or Other Bmekeot .................... SECTION B — CALCULATION OF FEDERAL GRANT C., a...ni..:«, ..., «, .... Twel e.. ... e ul.weem rr L. Adminiaraian ewmx 2 Prelininmemmx Design 40,000.0 3. Lmd,shudures, ngndo6wry _ 4. General Superv. 12,000.0 5. GIAermchitaWni mgmal leen Control S Te6tin 6. Project lnspestion files 20 000.0 T. Land dertlo0mee - 1 Relocation EVJmxs 9. Rei mbar pryments to Individuals and fivanceus - _ _ Ill Gawfitlon and renewal 11. Constmalon adpmlect iagmwemmt - 435,950.0 2 Equi4mmt 13. auellwrms It Total (Cees I trough 13) 518,.950.0 15. Estimated lnwme(if wplicable) 16. Net Pnject amwt (Line 14 minus 15) 518, 950.0 D. Less: Ineligible Eeltmons - 16. Add: Contiraansies 53,106.0 19. Total Potlel AX (Emiudhis Rembbilitshon Gsmts) S7 1 0 R 6 .0 M. Federal She requested of Line 19 514, 850.0 21. Add Rehabilitation Grams Requested (110 Petted - M Total FMm& grand mqumled(Gnx 20 8 21) 514, B 50.0 M. Grandee she 58 28,603.0 24. Oral shwes 28 603.0 S. Total pmlect(Unes 2; 23824) S S b 572056.0 Push AF,.PM mpaaw o-,4; WrAtR5MURE5 FAA FORM_ . _ PAaaa I THRU 7 P®e 5 SECTION C — EXCLUSIONS 26 cl e,,.Lmrlen P EA IJN r.w. Cnalyn[x Prwinm rz a- OQ SECTION D — PROPOSED METHOD OF FINANCING NONFEDERAL SHARE D. Graeme Share S26, 603, 00 a. Securities b. mortgages C. Appropriations (By AppliCYd) d. Bone e. Tax Levies t. Non Cash 9. Other (Explain) h. TOTAL — Granteeshare 9A.Ani no 28. Other Dares _ a. Slate 28.603 .00 0. Other t. Total Other Dares 28,603 .00 9. TOTAL S 57,206 .00 SECTION E — REMARKS E: PART IV PROGRAM NARRATIVE Attach — See Instructions AF,.PM mpaaw o-,4; WrAtR5MURE5 FAA FORM_ . _ PAaaa I THRU 7 P®e 5 PART IV - PROGRAM NARRATIVE APPLICATION FOR FEDERAL ASSISTANCE BANGOR INTERNATIONAL AIRPORT 1. PROJECT DESCRIPTION The proposed project is divided into two separate parts. A. Install touchdown zone lights on the Runway 15 approach and. B. Ramp Drainage structures rehabilitation preliminary design. 2. NEED AND JUSTIFICATION A. The Bangor International Airport was formerly Dow Air Force Ease, which was closed and the airport was turned over to the City of Bangor in 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 aswell as general aviation traffic. Units of the U. S. Air Force Air Defense Command and the Maine Army and Air National Guard also use the runway and taxiway facilities at Bangor International Airport. A new high intensity runway edge lighting system was installed under MAP 6-23-0005-07 in 1979. The centerline lighting was funded under BURP 6-23-0005-11 in 1981 but has not been constructed because Bangor has only one runway which must remain operational at all times. Therefore the centerline and touchdown zone lighting will be constructed at the same time in order to facilitate scheduling and staging. The centerline and touchdown zone lighting system will provide added guidance to facilitate landings, rollouts and takeoffs.. The centerline lights will provide rollout and takeoff guidance while the touchdown zone lighting system will aid in landing operations. B. The existing drainage structures in the heavy duty Portland cement concrete aircraft ramp adjacent to the terminal building are being destroyed by excessive expansion of the Portland cement concrete pavement. The proposed preliminary design would investigate the causes of the excessive expansion, evaluate alternative solutions, and make recommendations for short-range and long-range projects to rehabilitate or replace the drainage structures. 3. PROJECT APPROACH A. A Category II landing system is proposed for the 15 Approach. The proposed centerline and touchdown zone lighting system will compliment the Category IT system. .State of Maine funds have been appropriated for the proposed lighting system and the City is prepared to fund the remaining non-federal share of the project. It is the intention of the City to undertake this project on a schedule that will insure that there is absolutely no delay in the installation of the Category II landing system. The City is prepared to undertake the project and complete the installation of the centerline and touchdown zone lighting system in the 1983 construction season. E. The ramp drainage structures rehabilitation preliminary design will begin as soon as possible so that the recommendations will be available planning future projects as funding becomes available. 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 area of the Airport includes the Cities of Bucksport, Old Town, and Orono and other towns within a 30± 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 serves supplemental air carriers. Touchdown Zone Lighting Construction Cost $ 435,950 Engineering 73,000 Contingency Tine > ]53 155 Ramp Drainage Structures Rehabilitation Preliminary Design Engineering $ 10,000 TOTAL PROSECT COST $ 572,056 Federal Share $539,850.00 Sponsor's Share 28,603.00 State's Share 28,603.00 PART V ASSURANCES These assurances are to be attached to and became a Dart of this grant Agreement. Ear aSroort development projects, these assurances shall reals in _'11 Ponce and ePtcct throughout the useful life of the facilities developed under this Project, but In any event not to exceed twenty (20) years fro the date of said acceptance of an offer of Federal aid for the Project. However,these limitations on the duration of the covenants do Out apply to the covenant against exclusive rights and real property acquired with Federal [wade. Forplonnbme orolectso only assurances no. 1 (as Lurked), 2, 3, 4, 16, 25, 26, 361 0 31, and 32 appply, unless otherwise specified in the grant agreement. , Me spansor hereby asuree end certifies, with respect to Nis grant that: 1. General Federal Reouireants. it will comply with the following laws, regulations, policies, guidelines and requirements as they faints to the appliatlan, acceptance and use of Federal fads for this project: Federal Legislation Federal Aviation Act of 1958 b. Hatch Act a c. Federal Fair Labor Standards Act e d. Davia-Baca Act e. Uniform HelOcation Assistance and Peal Property Acquisition Policies Act of 1970 - Titles II and III a f. National Historic Preservation Act of 1966 - Section 106 g. Archeological and Historic Preservation Act of 1966 h. Flood Disaster Protection Act of 1973 - Section 102(x) I. Rehabilitation Act of 1973 - Section 504, Section 503 J. Civil High" 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. vletna gra VeteransO Readjustment Assistance Act of 1974 - Section 402 0. Airport and Airway Improvement Act of 1982 Federal Regulation a. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programa of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. a FAA Form 5100-100 (8-82) 2 b. 49 CFA Part. 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. m c. 49 CFR Part 27 - Xo Discrisination on the Basis of Handicap 1n Programa " Activities Receiving or Benefitting from Federal Financial Assistance. d. 41 CPR Part 60 - Office of Federal Contract Camplimce PTOgras$O Equal Employment Opportunity, Department of Labor (Federal and Paderally-asslsEed Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietcong Era and Handicapped Yorkers). e e. 14 CPR Part 150 - 13rport Hoke Compatibility P1ann1ns. a Office of Management and Budget Circulars a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Progress and PrOJects. a 0. A-102 - Uniform Requirementa for Assistance to State and Local Governments. e c. PMC -74-0 - Cost Principles Applicable to Grant$ and Contracts with State and Local Governments. m Executive Orders a. 11246 - Pqusl Employment Opportunity In Federal and Federally Assisted Contracting. -a b. 11593 - Historic Preservation. a. 11286 - Prevention, Control and Abatement of Yater Pollution. d. 11926 - Evaluation of Flood Hazards. Specific secureness required to be included in grant agreement by any of the above we incorporated by reference in this grant agreement. Items marked with (e) apply to both development and planning grants. 2. Consistency. with Local Plans. The proJect Is reasonably consistent with plena (exlsting at the Lime of approval of the proJect) of public agencies authorised by the State in which such airport is located to plan for the development of the areasurrounding the airport and will contribute to the accomplishment of the NOPOses of the Act. 3. Sponsor Fund Availability. It nus sufficient funds available for that portion of the project costs which are not to be paid by the United States and sufficient funds to secure operation and maintenance Of the facility fw the purposes constructed. FAA Fora 5100-100 (842) u. Authority of Sponsor. It Me legal authority to apply for the Brut, and to finance and construct the proposed facilities; that a resolutlan, motion, or similar action has been duly adopted or passed as an official Out of the applicant's governing body, authorizing the filing of the application, Including all understandings 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 ae may be required. 5. Gees Title to Airport. It Mid$ goad 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. 6. Consideration of tonal Interest. It has given fair consideration to the interest of communities In Or near whleh the project may be located. 7. Public Hearings. In projects involving the location of an airport, an airport runway, or a =jar runway extension, it has 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 canslstancy, with the Reals and objectives of such planning as has been carried out by the counity and shell, when requested by the Secretary, submit a copy of the transcript to the Secretary. 8. Air and Yater cuallty Standards. In projects involving airport location ajar runway ext; aim, or runway, location it will provide for the Governor of the state in MSM the project is located to certify in writing to the Secretary test the 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 mfr and winter quality standards have Men promulgated by the Administrator of ,the Environmental Protection Agency, certification shall be obtained free such Administrator. Notice of certification Or refusal to certify shall be 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 we 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, nontenent, or subtenant of another air carrier tenant) SM11 be subject to such FAA Form 51Go—too (842) nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable rules, regulations, and conditions as are Applicable to all such air carriers which make similar use of such airport and which utilise similar facilities, subject to reasonable clmsiflcatiam such as tenants or nontenants, and combined massager and cargo flights or all cargo flights, and such classification or status as tenant shall not be unremonatly 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 acme or similar useof such Airport utilising the awe or similar facilities, and (C) each air carrier using such airport shall have the right to service Itself or to me my fixed -tale operator that is authorized by the airport or permitted by the airport to serve any, air carrier at such airport, and (0) that in my agreement, contract, lame or other arrangement under Which a right or privilege at the airport is granted to any person, firm, focorporation to conduct or engage in my aeronautical activity r rfurnishing services to the public at the airport, the sponsor will sneers and enforce provisions requiring the contracter-- (1) to furnish said services = a fair, equal, and pot unjustly discrimimtery basla to all users thereof, and (2) to Marge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided, that the contractor may be allowed to make reasonable and mailscrlminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (E) That it will set exercise or grant any right or privilege which operates to prevent any care=, firm, or corporation operating aircraft on the airport free performing any services on its ca aircraft with its own employees (including, =t mL limited to maintenance and repair) that it may choose to perform, and (F) is the event the monomer itself "artisan my of therights and privileges referred to in this assurance, the services Involved will be provided nn the acme e=ditions as would apply to the furnishing of such services by contractors or concessionaires of me sponsor under theme previsions. 10. Exclusive Rights. It will permit no exclusive right for the use of the airport by my persons providing, or intending to provide, aeronautical services to the While. Far purposes of this paragraph, We 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 =reasonably costly, burdensome, FAA Porn 5100-100 (M2) or Impractical for more than one fixed -based operator to provide such services, and (2) If allowing more than one fixed -based operator to provide such services would require the reduction of apace leased pursuant to as existing agreement between such single fixed -based operator and awn airport: ii. Altvort Operation and Haintem'rce. IL will suitably Operate and Ort Me airport =tl all ho111tiea thereon or connected the-ewith, with due regard to climatic and flood conditions. 12. Hazard Removal and HStigatio . It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, w lighting or otherwise mitigating existing airport hazards and by preventing the establishment Or creation of future airport hazards. 13• Comestible Laos Gas. It will take appropriate action, including the adaption of zoning laws, to the extent reasonable, to restrict the e of land adjacent to Of in the Immediate vicinity of the airport to activities and purposes compatible with oprmal airport operations, InaludI g lending and takeoff of aircraft. 14.. Its by Goverownt Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all "we usable for lending and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all Limas without charge, except, If the use by Oavernamu; aircraft Is substantial, charge may be made fon a reasonable share, proportional to such use, fon the cwt of operating and maintaining the facilities used. 'Undeas otherwise determined by the Secretary, Or otherwise agreed to by the sponom and the wing agency, substantial man of an airport by goverment aircraft Will be considered to asst when operations of ouch aircraft are In excess of those which, in the opinion Of the Secretary, would =duly Interfere with use of the lending areas by other authorized aireraft, Or during any calendar month that -- a. Five (5) or more goverment aircraft we regularly based at the airport Or on land adjacent thereto( Or b. The total number of movements (counting each landing as a movement) of goverment aircraft is 300 or more, or the gross accumulative weight of goverment aircraft using the airport (the total movements of government aircraft multiplied by gresa weights of such aircraft) Ss is excess of five million pa=ds. 15. Land for Federal Facilities.. It will furnish without coat to the Federal Gaveroment fon cowtmvetlon, operation and maintenance of FAA Form 5100-100 (542) facilities for, and uses 1n commotion with,my air traffic control or air navigation activities, orweather-reporting and cam eatlon activities related to Air traffic control, any are" of land or water, or estate therein, or rights in buildings Of the sponsor as the Secretary considers necessary or desirable foe construction at Federal expense of apace or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of written requests from the Secretary. 16. Standard Accounting Systema. It will keep all project accounts and records in accordance with a standard "Stem of accounting prescribed by the Secretary. 17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustaining as possible under the circumstances sainting at that particular airport, taking into account such factors as the volume of traffic and economy of collection, except net no part of the Federal share of an airport development or airport planning project for which a grant is made 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. Reports and Inspections. It will submit to the Secretary such annual or special airport fivncial and operations reports as the Secretary may reasonably request and will make the airport and all airport records and documents affecting me airport, including deeds, Issues, 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 Che capital Or operating coats of the airport, the local airport system, or other local facilities which are Owned or operated by the owner or operator Of the airport and directly related to the actual transportation of passengers or property: Provided. hmx er, Clot if covenants or assurances In debt obligations previously Issued by the miner OP operator of the airport, or provisions in governing statutes controlling the Owner w operators financing, provide for the we Of the revenues w s from any of the airport owner operator's facilities, including the airport, to support act only the airport but also the airport owner or Operator's general debt obligations Or other facilities, then this lSmitatlon on the vee of all other revenues generated by the airport spell not apply. FAA Form 5100-100 (842) 20. Consultation Win 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 Mich the project Is proposed. 21. Term3�w1 Deve,avmant Prerecvisites. For projects Mich include terminal development, it nes, on the date of submittal of one 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 thea verity equipment required by rule or regulation, Add has provided for awma to the passenger enplaningand deplaning area of men airport to Passengers enplaning or deplaning from aircraft other than air carrier aircraft. 22. Construction Inspection add Approval. It shall subject the construction work on any project for airport development contained in an approved project grant application to inspection and approval by the Secretary before the project is advertised and such work shall be In accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such coat and progress reporting by the sponsor Or apomora of such project as the Secretary shall deem necessary. 29. Minimum Mage Rates. It will Include, in all contracts in breach Of T2',00for work on projects for airport development approved under this title Mich involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, An accordance with the Davia-Battu Act, as emended (40 O.S.C. 2/6a --276a-5), Mich contractors shall par to skilled and unskilled labor, and such nininum rates shall be stated in the .invitation for bids and Shall be included in proposals or bide for the work. 2a. Veterans Preference. It shall Include, in all contracts for work under project -grants for airport development which involve labor, such provisions M are necessary to insure that, in Ma employment of labor (except in executive, administrative, AM supervisory positions), preference Shall be given to veterans of the Vietnam Ora and disabled veterans as defined in Section 515(c)(1) anq (2) of the Act. However, this preference mail apply only where the Individuals are available and quallfied to Perform the work to Mich the employment relates. 25. Aud1ta end Recordkeevina Aecvlrementa. It shall keep such records as tM1e Secretary may prescribe, Including records Mich fully disclose the amount and the disposition by the recipient of the proceeds of the grant, the total coat of the plan or program in connection with which the grant 13 given or used, and the amount PAA Form 5100-100 (842) and nature of that portion of the cost of the plan or program supplied by Other sources, and such other records as will facilitate an effective audit and it shall sake 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. Me Secretary may require that an appropriate audit be conducted by a resistant. 26. Audit Reports. In any ease in which an independent audit is made of the accounts of a sponsor relating to the disposition of the preceed3 of a grant Or relating to the plan or program In connection with which the grant was given or used, It shall file a certified copy of such audit with the Comptroller General Of the United States act later than six months following the close of the fiscal year toe 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 fees the governing body of all villages incorporated under the laws Of that state which are located entirely within 'ive miles of the nearest boundary of theairport. 28. Civil Rights. It x111 comply with such rules as are promulgated t0 assure that no canon Shall, On the grounds of race, creed, color, national Origin, sex, age, or handicap be excluded from participating in any activity conducted with Or benefitting from funds received from this grant. 29. Airport Layout Plan. It will keep up to date at. all tim s an airport layout plan Of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all Offsite areas Owned or controlled by the decoder for airport purposes and proposed additions thereto{ (2) the location and mature of all existing and propoaed airport facilities and structures (such am runways, taxiways, aprons, terminal buildings. bangers and funds), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonavlation areas and Of all existing improvements thereon. Such airport layout plan and each amendment, revision, Or modification thereof, 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. Me spOnaor will rot cake 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 8t00-100 (8-82) W 30. Preservin¢ Airport Piahts and Powers. 'IL wail ant enter Into any travaatlan vhieh would ap; to to deprive it of any of the rights and POWer9 necessary to perform any or all of the assurances herein Without the written approval of the Secretary, And Will act to acquire, extinguish on modify any outstanding rights or claims of right of others which would Snterefere with such performance by the sponsor. This shall be done in a manner acceptable t0 the Secretary. 31. Construction Accomplishment. It x111 execute the project In accordance with plane, specifications, and schedules as appooveu by the Secretary, and incorporated herein, or With modification ' similarly approved, and Will provide and maintain competent Mchaivl supervision at the construction site to Mauro that completed work oonforms with the approved plans And specifications. 32. elastica Projects. In carrying out planning projects, that: E- It will fUrolsh the Secretary With such periodic reports as required pertaining to the planning project Md planning work activities. b. It will include in all published material prepared in connection with the planning project a notice that the material nae prepared under a planning grant provided by the Secretary. c. It will make such material available for examination by the "oil*, and agrees that an material prepared With funds under this project shall be subject to copyright in the United States or any other country. d. It will give Me Secretary unrestricted authority to publish, disclose, distribute, and Otherwise use my of the material prepared in mrafttlon with this grant. e. It Will grant the the Secretary the right to disapprove the Sponsorla employment Of specific consultants and their subcontractors to do all or any part of this project an well as the right to disapprove the proposed scope and spat Of professional services. f. It will grant the Secretary the right to disapprove the use of the sPonsor's employees to do all or any part of the project. g. It understands Me agrees that the Secretary approval of this project grant or the Secretary approval of any planning material developed am part of this grant does not constitute or imply any assurance or memittment On the pert of the Secretary to approve a" pending or future application for a. Federal airport grant. FAA Farm 3100-100 (8A2) STANDARD DOT TITLE VI ASSURANCES The (Name of Sponsor C' of -Ban or mine ) (hereinafter referred to as t e e sponsor HEbY A THAT as a condition to receiving any Federal financial assistance from the Department of Transportation 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 (harein� after referred to as the "Act"), and all requirements 'imposed by or pursuant to Title 49, Cade 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 end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, calor, 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 CO ADAP Project No. 3-23-0005-01 1. That the sponsor agreesthat 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. net the sponsor shall insert the following noti- fication in all solicitations for bids for work or materiel subject to the Regulations and made in connection with ADA? Project No. and, in adapted form in a proposesor negot_ate agree- ments: The (Name of SponsorM�� ), in accordance with Tit e v o t e i1 Rag cin s Act of 1964, 78 Stat. 252, 42 U.S.C. Iiv 2000' co 2000'-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 Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this adver- tisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against an the groundsof 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 fora, or for the acquisition 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 wich 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 Development Aid Program of Che 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 improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the fallowing 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. S. The sponsor shall provide for such methods of administration for the program as are found by the Secre- tary of Transporcation or the official to whom he dele- gates specific authority to give reasonable guarantee that is, other sponsor, subgrantees, contractors, sub- contractors, cransferees, 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 ocher Federal finan- cial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airport Development Aid program of the Federal Aviation Administration and is binding on it, contractors, sub- contractors, transferees, successors in interest and other participants in the ADAP Project No. A-23--Opns-n1 The person or persons whose signa- Curescuresappe�low are authorized to sign this assurance on behalf of the sponsor. DATED, a'ne ponsor by z&2'5 TS'ignature of aut.oraze 0 - 3 - ATTACHMENT 1 During the performance of this contract, the contractor; for itself, its assignees and successors in interest (here- inafter referred to as the "contractor") agrees as follows: 1. Comcliance with Regulations. The contractor shall comply with one Regulations relative on nondiscrim- ination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49 Cade 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 perxcT p'rmed�t 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 nor participate either direccly 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 materials and Equipmant. In all solicita- tions either by competitive bidding or asotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or leases of equipment, each potentialsubcontractoror supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations rela- tive to nondiscrimination on the grounds of race, color, or national origin. 4. Information and -Re arts. The contractor shall provide a nYarmae on an reports required by the Re- gulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclu- 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 Noncompliance-. In the event of the contractor s noncompliance 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. withholdinf 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 include the provisions of 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 includingsanctions for noncompliance: Pro- vided, however, that, in the event a contractor becomes involved in, or isthreatened 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 - ATTAC' NT I The following clauses shall be included in all deeds, li- censes, Leases, permits, or similar instruments entered into by the (Name of Sponsor) 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 covenantand 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 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 non- discrimination covenants, (Name of Sponsor) 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 breath of any of the above non- discrimination covenants, (Name of sponsor) shall have 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 become the absoluate Proper- ty of (Name of sponsor) and its assigns. M. The following shall be included in all deeds, Licenses, leases, permits, or similar agreements entered into by (Name of sponsor) 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 construction 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 co discrimination, (3) that che (grantee, licensee, Lessee, permittee, ecc.) 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 che. Secretary, Part 21, Nondiscrimina- tion in Federally -assisted programs of the Department of Transportation -Effectuation 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, (Name of sponsor) 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, (Name of sponsor) 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 (Name of sponsor) 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 Tile VI of che Civil Rights Act of 1964. - 7 -