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HomeMy WebLinkAbout1980-07-14 242 AH RESOLVE242 AN IntrWnccd by Co ncilor Soucy, duly 14, 1980' CITY OF BANGOR (RnF,) ARSDlbr,Authorizing Execution_of Grant Agreement,with-the United States of America (Federal Aviation Administration) -Bangor International Airport (ADAP Projgc Ibsnle b-23-005-09) By the City Camdl ofB a City OfBaayor: BBSOLVBD, THAT the City of Bangor shall enter into a Grant Agreement with the United States of America for the development of Bangor International Airport as proposed under ADAP Project No. 6-23-005-09; AND BE IT FURTHER RESOLVED, THAT, the City Manager of the City of Bangor shall be and hereby is authorized to execute the acceptance of the Grant Offer on behalf of the City of Bangor; AND BE IT FURTHER RESOLVED, THAT, the Grant Agreement to be accepted by the City of Bangor shall read in accordance with the attached photocopy which is hereby incorporated by 'reference and made a part thereof.. In City Council July 14,1980 Nefered to Finance Coamittse '`Cohelder Speelnl Megting --,iulq�18, 1900 - Oity Cler _ IN CITY COUNCIL July 18, 1980 pas d M/ c 242 AN o esofve .80 A10 P1:13 Avt oriaing Execution f Ce greement CITY OF With the United States rica Cliy CIERU"R (Federal Aviation Administration ) Bangor International Airport (AMPPto]ect Number 6-23-005-097 - Page 1 of 10 pages DEPARTMENT OF TRANSPORTATION a Y � A 1' GRANT AGREEMENT Part 1 -Offs Date of Offer July 11, 1980 Bangor International Airport Project NO.. 6-23-0005-09 Contract No. BA -NE -80-39 TO: City of Bangor, Maine (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (herein called an Application for Federal Assistance) dated June 27, 1980 , for a grant of Federal funds for a project for development of Ne Bangor international Airport (herein called the "Airport".), together with plans and specifications for such project,. which Application for Feder al Assistance, as approved by the FAA is her eby herein -and made a part hereof, and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following -described airport development: Overlay and mark portions of Taxiway "A" (approx. 4900S x 25•). rehabilitate and mark Taxiway "J" (approx. 10001 x 4005 rehabilitate amp drainage structures (approx. 800 If). all as more particularly show on Exhibit "A" property map attachad hereto and in the plane aral specifications approved by the Chief, Engineering and Safety Branch, Airports Division, by letter dated July 11, 1980, incorporated herein by reference. Attached hereto and made a part hereof and dated June 29, 1980, are the assurances given to the baited States of America as a condition precedent to federal assistance pursuant to Title VI of the Civil Bights Act of 1964 (P.L. 88-352). FFA FORM SIM -3r PG. 1 ural s"F aa5rOF5 Far. FORM 5100-13 Page 2 of t0 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 or seq.),and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Application for Federal Assistance, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90 percent Of such costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be $692,640. 2. The Sponsor shall: a. begin accomplishment of the Project within thirty (30) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; b. carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, as amended, and the Regulations of the FAA (14 CFR Part 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter refer- red to as the "Regulations"; C. carry out and complete the Project in accordance with the plans and specifica- tions and property map, incorporated herein, as they may be revised or modified with the approval of the FAA; d. submit all financial reports onanaccmalbasis and ifrecords manot maintain- ed on an accrual basis, reports may be based on analysis or records or best estimates as required by the Regulations; C. monitor performance under the Project to assure that time schedules are being met, projected work units by time periods are being accomplished, and that other performance goals are being achieved as established by the Regulations - t F6PWPM51m Po2R]M SVPEPSEOESFMFOXM51mu _ Page 3 of 10 pages 3. The allwable costs of the project shall not Include any coats deter- mined by the PAA to be ineligible for consideration as to allowability under the Regulations. 6. Payment of the priced States share of the allwable project costs will be made pursuant to and in accordance with the provisions of the - Regulatiwsfinal determination of the Suited States share will be based upon the final audit of the total lover of allowable project acosts nd settlement will be made for any upward or downward - adjust- ments to the federal share of casts. The grant closeout requirements - - will be in accordance with the Regulations. - - 5. The sponevor shell operateand maintain the Airports provided in the Application, for Federal Assistance incorporatd herein and specifically..... . covenants and agrees in accordancewith 1ta Asso a 20. in Part V ofsald Application for Federal Assistance. and Setfon 30 of the Airport And Airway llevelapmeot Act, a ended, that in its operation and the operation of all facilities thereof, neither it norany person o organization occupying space or facilities thereon will discriminate against any person by r of r color, reed, national origin, afacilities or a in the use of the provided for the public on the - airport - 6. The FAA reserves the right to amend or withdrw this Offer at any time prior to its acceptance by the sponsor. - - - - 7. This Offer shall expire and the United States shell not be obligated to pay any part of the casts of the Project unless this Offer has been ceptd by the sponsor on or before July 25, 1980r such sub- . seque t date as may be prescribed in writing by the FAA. _ S. The'spomsor will conduct its programs and operate Its facilities in accordance with the requirements of Section 506 of the Rehabilitation Act of 1973 (29 U.S.C. 796) and will assure that w qualified handl- - Capped person shall, solely by reasonof his or bar handicap be excluded sthe from participation In, be denied benefits of, or otherwise be subjected to discrimination, including discrimination in employment under any program or activity that receives foods or benefits from this grant. The sponsor further agrees that its programs will be - conducted and facilities operated, In compliance with the requirements - imposed by or pursuant to 69 M Part 27. - 9. The sponsor shall provide for audit of this grant project to be made in accordance with Attachment P of Office of Management and Budget - Circular A-102. - lo. Assurance No. 17 of part V of the Project Application fs orporated herein - is amended by including at the end of the third sentencethe following language: - "ad real property acquired with federal funds." Page 4 of 10 pages 11. it Is normally understood and agreed that, in addition, the sponsor wttl incorporate or se to be incorporated Into any contract for c - $tructiou were, or modification thereof, _.. defined in the regulations of the Secretary of labor at 41 CFR Chapter W. whish is paid for In - whole or In part with funds obtained Eros the Federal Government o borrowed on the credit of the Federal Government pursuant to a grant, contract. loan, Insurance, or guarantee, or undertaken put ant to any Federal program involving such grant. contract, lean Insurance, or guarantee the following Equal opportunity chums. During the performance of this contract, the contractor agrees a follows: me. Contractor will.:or,discrtalute against any employee _ — -or applicant for employment foreverof race, color, religion was Or national orlgm ln- The Contractor will take affir- tiveacclun to ensure thlt applicants a empluved. and the employees are treated during employment wilhnut regard to _ their race. color, mex cor.national origin_.. Such-action shelfInclude, but not be limited to the following: -Employment, upgrading, deection rrnafer recruitment nrecruitment advertising; layoff ortermination, rates F pay or other fares of compensation, and selection for training. Including appren[Sneship. The contractor agrees ouea. a a to past in conspicuous plat available to employee and - -- --forth tntrfov employment, noticea cr be provided clause. forth the provisions of thio nondiscrimination clavas. (t) The contractor will, in all solicitation or advertisements for employees placed by or an behalf of the contractor. state that all qualified applicants will receive c nafderam tion for employment without regard to race, color, religion. was: or matlonal origin. -- (1) Tm contractor will vend to each labor unlon Or espresso- . tatbw of workers with which M has s coi.lective bargaining ngry nt o otherr untract o understanding, notice to _ M1e provided advtsing the said labor union o workers'.-. represeata Gives of the contractor', mmitme nts under this section. mal shall poet copies of the notice in conspicuous places available to employees and applicants for empleyment. (4) Tx contractor will comply with all provisions of Executive - order 11246 of September y4, 1965, and of the rules. regu- lations. and relevant order; of the Secretary of labor. Page 5 of 10pages (5) The contractor will furnish all information and reports required by Executive Order 11266 of September 26, 1965, and by rules, regulations, ad orders of the Secretary of labor, or wrauaot therefor, and will permit access to his books, records. and accounts by the administering agency and the Secrutary of labor for purposes of imams- t1gat100 to "Certain comp]lonee with such rulna, regulations, and orders. (6) Io the event of the contractor'sncompliance withtheawdiscrivioatlon clauses of this contract or with any of the said rules regulation, or orders, this contract may he cancelled, terminated, o suspended in whole o In part aha the contractor may b edeclaed ineligible for further government contracts or federally assisted construction Contracts In accordance with procedures authorized In Executive Order 11266 of September 24, 1965, and such other sanctions may he Imposed and remedies So- voiced as provided in Executive finder 11266 of September 26, 1965. or by rule, regulation, or order of the .. Eacreracy Of labor; or as otherwise provided by lay. (y) Mw contractor will Include the portion of the sent.... Imedlately preceding paragraph (1) and the provisions of paragraphs (t) through (1) inery subcontract o wrchwee order unless exempted by miss, reputation, -- "'- -or orders of the Secretary of labor issued pursuant to Section 206 of Executive Order 11266 of September 26. 1965, so that much provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order j as the dnWatering agency may direct as a mean, of deducting much prwiainus, axludiag sanctions for noncompliance: Provided, however, that in the event a subcontractor becomes involved in, or is threatened with, litigation with a subcontractor o vendor a result of each direction by the admlnisteriaagency. the contractor my request the Onitd States to enter into such lits- gstim to protea the Interests of the Onitd Stam. She sponsor further agrees that it will be lowed by the above Equal OpPOrtwi[y clause with respect to Its ow employment practices when It participates is federally assisted ,ustre,cloo cork: Provided, that if the appltcamt as Perticlpating Se a State or local government. the above Equal lropartuniq uawae 1e not applicable to any agency. Instrumentality Or eubdlvision of such goverment which does not Participate in work on or under the contract. Page 6 0910 pages. 12. The sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the:compli- eof contractors and subcontractors with the Equal Opportunity Clause and the rules, regulations, and relevant orders of the Secretary of Labor that it will furnish An administering agency with the Secretary of Labor such information as they any require for the supervision of sueb compliance, and that it will otherwise assist the administering agency is the discharge of the agency's primary responsibility for securing compliance. ---- 13. Mesponsorfurther agrees that it will refrain from entering into any - -I --_ contraccs orcontract modification subject to Executive Order 11246 of - 1 September 24,1965, with a contractor debarred Erne, 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 violationnf the Equal Opportunity Clause . as may -be -imposed uponcontractors and aubcontiactors by the administering r agency nthe Secretary of Labor pursuant to Part III, Subpart D of the - I Executive Order. In addition, the sponsor agrees that if it fails o ' refuses to comply with these undertakings, the administering agency my take any or all of the following actions: Cancel, terminate. or sampand 1 Is whole or inpart this gime (conCracq. load, Insurance. guarantee). -_ refrain from extending any further assistance to the sponsorunder the ' program with respect to which the failure or refund occurred until satisfactory assurance as of future compliance bbeen received from the sponsor; o refer the to the Departnent of Justice for appropriate Legal proceedings. 14. �It is understood and agreed chat no State or cal government stall impose affirmative action hiring and/or training requirements on Federally assisted construction already subject to Federal minority hiring and/or training plans established pursuant to Order of the Director of Federal Contractor Compliance except as provided in Regulations appearing at 41 CPR 60-1.4(b)(2). 15. It is understood and agreed that no part of the federal share of a airport development project for which a grant Is made order the Airport and Airway Development Act of 1970, as anended (49 U.S.C. 1701 at. meq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 at. meq.), shall be included in the rate base in establishing fees, rates, and charges for users of the Airport. - 16. TMs project and all work performed thereunder is subject to.the Clean Air l Act and the Federal Yater Pollution Control Act. Accordingly, a) The sponsor hereby stipulates that any facility to be utilized In performance ander the grant or to benefit free the grant is not listed on the EDP List of violating Facilities. I) The sponsor agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 30B of the Federal Yater Pollution Control Act and all regulations issued thereunder. Page .y of 10 pages C) The sponsor Smallnotifythe PM of the receipt of Say communication from the RPA indicating that a facility to be utilized for performance of or benefit from the grant I. under consideration to be listed on the EPA List of Violating Facilities. d) The sponsor agrees that he will include or cause to he included -in any contract a subcontract under the grant which exceeds $10,000 the criteria and requiremnts in theme subparagraphs (a) through (d). 11. Asset., a Number 18 of Part V of the project application incorporated herein is amended by including at the and of the Seemed sentence the following language: 'Including the requitement that (A) eacle air carrier, authorized to eagoge directly In aft ttaysporiat3nn pursuant to Section 401 at 402 of the federal Aviation Mt of 1938, using such airport shall be subject to nondiscrimioaeory and substantially comparable fees, rentals, and other charges and vondisciimimtory conditions as are applicable to all each air carriers which make e - whailar of Such airport and which utilize simIIar facilities, - - - subject t reasonable n onable classifications such as tenants and n - teasers, and combined passenger and cargo flights, and much classification or statue ax tenant shall not he unreasonably withheld by any sponsor provided me air carrier a obligations substantially similar t those already imposed an tenant air carriers. and (8) each fixed -based testator using a general aviation -' -airport Small be subject to the s �rmtme, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar use of such airport utilizing the a eor Similar facilities; provision (A) above, sball not require the refbrmet£on of any lease or other contract entered into by a Sponsor before July 12, 1916. A Spooner shall at require the reformation of any lease ar other contract entered Into by a Sponsor before July I,. 1915.1 18. The sponsor movements and agrees that it will provide on the airport, - without cost, adequate land or ocher space Satisfactory to the VM for the purpose of parking all official FM vehicles including privately-osnad vehicles when used on FM business tsary for the maintenance and operation of phi technical f8cllfties(air navigation and air traffic control facilities). - It is further. understood and agreed that the Sponsor will provide adequate apace for free parking for PM employee uigandto the airport, satis- factory to the PAA, which shall meet the following requirements: Parking Shelf be w leas desirable than that provided amployees of the sponsor and parking Shall be within a reasonable distance of the facility to which the yM is assigned. Page a of 10 pages 19. The sponsor hereby agrees and Covenants that any and all flood -r insurance coverage required by the Flood Munster Protection Act of 1973 (P.1. 93-234), with respect to the buildings and/or personal L Property to be constructed and/or acquired under this project will be purchased prior to the acquisition orconstruction of any insurable Interest and shall be maintained during the useful life of such - buildings or personal property. -- - '-- I 20. The grantee assures that it will undertake a affirmative action program, as required by 14 C Part 152, Subpart E, to ensure that no person - - shall, on the grounds of race, creed. calor, national origin, o - - -- -- s be excluded from participating In any employmaotv contracting, or leasing activities covered in 14 CPR Part 152. Subpart E. The grantee assures that no person shall be excluded, on these grounds.' from participating. - in or receiving the services r benefits of any program activity - -covered by this subpart. She grantee assures, That it will require that itscoveredorganizations provide assurance to the grantee that they similarly will undertake affirmativeaction programs and that they will require assurances from their suborganizatfons, as required by 14 CPR Part 152, Subpart E. to the same effect. U. The grantee agrees o comply with any affirmative action plan or steps:,-� for equal employment opposrumicy required by 14 CPR, Part 152 Subpart E. s part Of the affirmative action program or by any federal, state, o local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The grantee agreesthatstater local affirmative action plan will be used in lieu of any affirmativeoactiom plan or steps required by 14 CPR Part 152, Subpart E, Only when they fully meet the standards set forth in 14 CFR 152.409. The grantee agrees to obtain a similar assurance from its covered organizations, and to ca them to require asimilar assurance of their covered subdrganizations, as required by 14 CPR Part 352, Subpart E. 22. The sponsor hereby-recognizea and agrees to comply with the policy and requirements of 49 CPR9art 23 and further agrees to include Paragraphs (a) and (b) that follow in all agreements between the sponsor and subrecipients s the tern 1s used in 823.43 and in all Department Of Transportation - assisted contracts between the sponsor Or subrecipfent and any contractor. - a) Policy. 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 perfor- mance - of contracts financed In whole or in part with federal funds under this agreement. Consequently. the ME requirements of 49 CPR Part 23 apply to this agreement. b) ME Obligation. Sponsor or Its contractor agrees a that minority business enterprises as defined In 49 CM Part 23 have the maximum opportunity to participate in the performance of ' contracts and subcontracts financed In vhole or in part with federal funds provided under this agreement. in this regard. Page 9 of la pagan all sponsors o tactors shall t a all necessary and reasonable steps cinaccordance wlth 49 M Part 23 to ensure that minority business enterprises have the maxlm,m opportunity to compete for and perform contracts. Sponsors and their contractors shall act discriminate an the basis of race, color, national -Origin, o ea s= in The sed and performance of DOT assisted contracts. _ It is further understood and agreed as follows: If as a condition of 'assistance, the Sponsor has submitted and the _ Department has approved a minoritybusiness enterprise affirmative action progrea which the Sponsor agrees to carry out, this program is incorporated into this financial assistance agreement by reference. Ills program shall he treated as a legal obligation and failure to carry out its teras shall be created as a violation of this financial assistance agreement. Upon Matifitatron to the Sponsor of its failure to carry out the approved program the Department shall impose such sanctions as noted in 69 M Part 23, Subpart E, mbicb sanctions may include termination of the agreement or other neasures that may affect the ability of the Sponsor to obtain future Wr financial _assistance.. 23. The general govexune t dose not plano cast pl t the t ti f any Tmcn¢ea Pursuant to Paragraph 27 of Part O Sp r• "tortures Of the Project Application dated June 27, 1980,_ d, therefore, it is under— stood and agPeed that the sponsor is under no obligation to furnish any - '_ _ such aTesa or rights under this Grant .1,a[eanent. - I Pagemof 10 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Application for Federal Assistance 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 Development Ad of 1970, as amended, constituting the obligations and rights of the United States and the Sponsor with respect to i the accomplishment of the Project and the operation and maintenance of the Airport. Such -. Great Agreement shag become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout theuseful life of the facilities developed - . under the Project but in any event not to exceed twenty years from the date of said.accept- ane. except as otherwise provided in Sponsor's Assurance No. 17, Part V of the Project Application as herein emended-UNITED STATES OF AMERICA B D AVl ADMINI TRAPTION - Met, Airports('Ijde) Division . England Region Part If - Acceptance The. Cioy_a£-Bangor, Mainedoes hereby ratify and adopt all statements, -.. representations, warranties, covepards, and agreements contained in the Application for - Federal Aaaistance and incorporated materialsreferred to inthe foregoing Offer and does- . hereby accept said Offer and by such acceptance agrees to all of the tendsand conditions: thereof.. _ Executed this daYof ,19 CIIy_o£ Bangor, Maine . (Name of Sponsor) - Ry...... (SEAL) Title..........:.. city ......Manager Title:- .... City, Cle;k.............. CERTIFICATE OF SPONSOR'S ATTORNEY 1, . acting as Attorney for city of Bangor, Maine 1 (herein referred to as the "Sponsor") do hereby certify:+ That 1 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 that the execration thereof is in all respects due and proper and in accordance withthelawsofthe Stateof 'Maine I and the Regulations and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.. I Dated at Bangor, Maine this day of '19 ........................................... Title .........City solicitor ............................ I •scow ws�ami sur[asrors rrw wam s�m�a OMB Anne.x,.wem1m FEDERAL ASSISTANCE <Rom1 new nwm❑PW/]Rllwil� +EMR w °wL`+m n ® wMiwnom m6 2) Im O noxmimmm a mNmr mN dowe Ou aRMMw UNCIAL Aaw T/ a v nn ntxw.nnn M. ..4pa"xnam :City of Bangor 01-6000020 c tm.mmw on :Airport Department <mm%o.ME :mangor International Airport w 12 la a S MENVadd, AME :8ango[ • : Penobscot � :Maine : 04401 Modo Airport Development ++°� Peter D'6[[ico, Airport Manager n Aid Program a 7. iiia AND ota� M wceNT/aamnaai Werlay, po[tioneoof Parallel Taxiway A (approx. S°snr r u..111=nd 50,000 S.Y.). Rehabilitate General Aviation D m uuaN mpamL Taxiway I (approx. 6,100 S.Y.)5 Ramp Drainage o- structure Rebabilitation (Approx. 800 L.P.) m �a NiN 9. Town ON mrANCE h Con inn o-aq'v^ eu,Crew oul g W A 1 mu or rnww+iur .vmv.yanv,, m.°n^. oYembscot 1500�OOOn� ra4eindi ewm w.l mmuw County ROIBIN' u1�1 �� Rlwl u oa VBoxo "Nom, will Fee, Madd x. 692 640.So wru 2 2 N/A 38 480.m Men 38,481am ART �v)9g8 t aNi ROBERT w.°imRm...rw® w w. mu w 1 axmnx0 XNNGnnN NUMBER Re S u11 AmaaS40* 19 80 7 > KJA F, Man.a 769 60Ow a aayuwr rxw cxAamraww) Federa1 Avlz[ion wMministration.N.E. Rel na a pw�u� M N aw�'w Ovil U, m 4e, olv ellid, leddm'�..wm : »�eiummw: M. now. a E m w x. wEBo m eEd ^ ro� ffee Re willwmW 0) Nat Applicable -Exempted Action SiNATxmRx :Kwww e.'^ w Om Per Document No. 17337 PR DOC )) -32990 O ❑ Zx VOW MEN No MI IF ART NUMBER Peter D'Erriec, SENTAnda Airport Manager ;72 w JUN 2 7 798' va PARK M. Aloi Yourmw P 1980 07 08 w ML UNIT ut6 m8E13FI0005-09NERVAL g1 Airports Division Enzi SafetyBra $� RON FEDERAL GRANT y 12 New England Executive Park Burlington. MA 018 _ _ NUT eNDow IS a 1. Acnox xuw n rw ..mu ... w y ®a. wwm 692 640 19 80 OM Ns19Y 0 088 Ol g Owminm 38 480 "waOa°1®Tex.°.',.:..n :°1aw'° '^ °°° NON rNmw .CONTART 38,480 !@ O<mwmm EMR > 1981 12 31 REMARKS ADDED - Donna Wittev a. mxwNv -OR Tel. (617) 273-7237 O e mnmmme t MEN. 769,600 m O ♦m ON, w^N°SwawNwi�Ni. • emw Imi am os'°oiw�r ww m uwmra DEPARTARNT Of TRAMPORFAnW- FEDERAL AVIATto SinanoM e PART II .— o...a..ono,.. PROJECT APPROVAL INFORMATION SECTION A Item 1. Does thisa si ret egoe wc reie Stas, le a 1, Nam of G......ne Body rep anal, o ethestance priority noing?H1 - y W Rating —Yes % Na( ni 1 Item].. Does this oA,slan¢mgoeet require State, or local Name of Agency or adv: wy, ed,cauanol on health dea rices. Bawd _Yea % No (Anoch Daammtman) ItemDoes this ..... umstr equine of er ing6sose ...taw (Attach Comments) ma in acrdnnwith DMB Omd r A-9511 Yes X No Item d. Does thisa"w re t a Stale, local, Nam of App.o ing Agency gianal nsa the, planning vPoora l? Das Yes. X Ah, Item 5. Is the pmposed praise cevwed by an approved Check on State fM State System Plan ampmhmsire plan? Local M Airport Master Plan - Regional p % Yes No Lmmtnn of plan Maine OM. PAA Burlington, MA. Item 6. Will she nce..qummA verve n Federal Name of Federal Insoallamon installations —Yes A No Federal Popdauon beneflzine from Protec 1 I hem I. or Will the rewezfed hen Fednol land Nam d FfFederalLord .inamllatlm?nc Censor of Federal Lord en —Tet X No Percent of P.eiee Item 8. Will the regoe ted M1ore anmpacta. effect See inm for oddumnal information to be n the mWiromnen Yes % No proWided.v Item 9. Number of. Will the assistance mqumted cause the dieplacame tof IndiWlduds in&vid"A families, bosoms ms. ,for Familia Businesses Y.. % w Farms 1 Islhen nthennelatw Federal assistance nlhis See vions Na ,sidieonal information to be - project pre io s, mmemg,a an spatird? pro ided. _Yes % No FAA Fans 5101W ts110 SVFenSeoES FAA <osta�MITnxv— — — pagei PAF PART II — SECTION B 11. SITES AND IMPROVEMENTS: X Nat required, AttnW as exhinds Applicant ut to acquire the site lbmugk Eminent domain. Negotiated taffi . Either meaa(spardy) 13. TITLE OR OTHER INTEREST IN THE SITE IS ONfyltK BE VESTED IN: R Applicant Agancy or Institution operalilD the facility. Other (specify) 13. INDICATE WHETHER APPLICANT/OPERATOR HAS: E Fee simple ONE LeauMld interest, Other Offer tyT 1 M. IF APPLICANT.rOPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOW1 NO INFORMATION: a. LenglM1 N lease or other estate armorial ant Shown of years to run b. Is lease renewable? Yes no c. CureN appraised valum of 5 d. Amwal rental laid 5 - NOT APPLICABLE 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT/OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID. on file with FAA 1G. WHERE APPLICABLE, ATTACH SITE SURVEY, SOIL INVESTIGATION REPORTS AND COPIES OF "IND APPRAISALS. N/A 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. Not Applicable ' IX. ATTACH PT PLAN ' ottacclued 19. CONSTRUCTION SCHEDULE ESTURATE Notrequired,_ Being prepared, Attached as exhibits Pnantage of complerm at drawing add specifications at application date: Scmwics % Preliminary % Final 1W % P.. TARGET DATES FOR: Bid Advert offaw Nary T. 1980 Contract Award July 28, 1980 Construction Combelion c"0 Story Taalva Rept 15 t9H0 ain a Nlv 5 ? 21. DESCRIPTION OF FACILITY: Not required Attached as exhibits DUMVings— Attach any drawings which will assist iodecommingtw project. Dn file wi h FAA. Burlington, NA. Smciticalions— AIIazA copies of completed our smad calime. (ll dradi aN specifications have cot been fully completed, phone attach copies Sr wonting drawings that have been completed) Point DEPARTMENT OF TRANSPORTATION . FEWERAL AVIATION ADMINISTRATION OMB NO. mamma PART II -SECTION C The Sponsor hereby represents and causes as follows: I 1. Compatible Land Use.—The Sponsor has radius the fallowing 'clean to am" compatible raw of lend adjacent to or in the eiuNty of the airport: I 1. Completed Airport Master Plan is an file at PM. ' 2. Undertaken appropriate land and, eaceseent projects in recent years — see current ADAP project. 3. Master Plan Update currently underway. 2. Defaoka. The SPPooti a is not in default on any obligation m the United States ar my agency of the Untied Staten Gomm. meet relative to the dmelopment, opmitiam or maintenance of any airport, except as stated herewith. 1 None i I 3. Possible Duabinea._There are an facts or circumstances ( dudiag the miasmas of effective or propmed leges, use sena cora sir other legal instruments affecting use of the Airport or the aiatence of pending litigation or other legal proceeding) which in reasonable probability might make it imrVeible for the Sponam 0 cane out and complete the Project or tarty out the praaeiom of ParcVof NUAppliueon,nMa by limiting i6legal or (inenciil abiliryar otFerviu, except as fo�lowa: None 4. land.—m) The Sponsor holds the following property interest in the following areas of land* which are to be damped or ved in pm of w in connection with she Airport, subject 0 the following irruptions, encumbrances, and'deans immam, as of which area are identified on the aforementioned properly, map designated as Exhibit'W' Fee simple title to all property shown within the Airport property line. except for certain portions devoted to State of. Maine Arany and National j' Guard use. No part of this project will be in Guard property. 'Sate ulmocur of prmissums, mmwt in sash' minis mdadmij(y for munkremeperione, of every kind and n s readily lieu awesome, Ares, tie The estimate a of Ims need only be e,mimd nen by the nu am numbM1own on the Property map FAA Farm 5100-1O01anl Page 311' DEPARTMENT OF TRANSPORTATION -FEDERAL AYmToo1 ADMINISTRATION Ome NO. 04AOA0 PART II - SECTION C (Continued) The Sponsor further Muflex that the above is based on a title examination by a qualified atmmey Or title counter' and that such attorney or title company has dmemmd that the Sponsor, holds the above property interna. (b) The Spovm will acquire within A reasonable time, hest in any event poor t0 the start of any consummation work under she Pno) S the following property interest in the following areas of land" on which such construction work is m be performed, Ill of wFich vee are identified res the ofommemiond property map designated a Exhibit "A". - No Acquisition Necessary (c) The Sponsor will acquire within a reasonable can, and if feasible prior to the imitator of all conrtrvetl,n work under the frojem, the following property, mr reN in the follows, a of land" which arc to be developedbr used a pm rt of or correction with the Anpon a n will be upon completion of the Project, all of which arca Are identified on the aforementioned property map dwenated as Exhibit "A"; . None S. Exclosive Riehnb,—Tons a no ppAaas of an exclusive right fee the conduct of any aerowutical Activity at any Amon owned or comrolid by the..puor except as( anowe: - None 1 "Sm a vM1rm he oI mimm,ry ,mere m eaeL A and hmsm, t,. TkefoF ouch r/lexcepeio Only , emifl d of awry kind rind nae the property lien nr ImF r e. TM1e reprmfe oreca of fund need only be idennfed AerendY aM1e um nnmAmaM1rmn on The progeny mop± e - FAA Porm 5100-1001aaq PAR, M .. PART 111 — BUDGET INFORMATION — CONSTRUCTION I SECTION A — GENERAL 1. Federal Domestic Assismme Comle9 Me ............. 20.102 2. Functlonel er Othe. Bree4em .................... SECTION e — CALCULATION OF FEDERAL GRANT C... cl... n..«.°R I. AVIV >...... .. me . R..M .,� wP,..w A." «rl 1. Admimuralianexpmse (including $2500 E E - S 3,900. L Preliminary eµenee ozAudit) 3. Land,sNetmms, VIN oRway 4. Rrabiledural engineering ERIC has 27,200 S. OlAm whileeWnl engineering lets (General Stsperyisinn 9,800 6. Pm9¢I inspmtim les (Resident Inspection 24,175 7. Land Ewel"Reat ontm est 8. Relocation Expenses 9. ReloiMon paymeds to 1xividutls and Suvnesms 10. Demolition and Mount 11. Cmdadim am pmieR impmvemem 657,870 p. E9viPmmt 11 Miudlimmus(City of Bangor Porce Account) 10,000 14. Total (Lines l lbm 13) 732,945 15. Istimaled Income It applicable) 16. Net Pmjem Anmmd (LIRE 14 minus 15) D. Less: Ineligible Exduams 18. Atli Comingmcies 36,655 19. TWO Project AX(Excluding Rehffiililation Grants) 769-600 A. Federal Share rep AMI of tine 19 692,640 21. Add Rehabilitation Grams Requested (100 Petted) 72 Total "Aud gem remeved(Lines 20 IS 21) 692 640 a Grantee share - 381480 24. Othersbares (State of Baine - 38 4 0 ' 25. ToIs mjsl(Lim5R,g3g2O P S S 769,600 FAA For, SItO.11e 06 an SUPExeeoee FAA FORM Sets -ro PAGES I ieRU 7 OEPA0.TAF OF"ANSPORTATpa. FEOEeRUVIRIOM ADMINISTRATION SECTION C — EXCLUSIONS Cl ... relegibl. m,E.<Idee fee trent 9. SECTION O — PROPOSED METHOD OF FINANCING NON.FEDERAL SHARE 27. Grantee Share - E 38,480 a SEoudties 0. Mortgagee .. I. Appropriations (By Applicant) 38,480 d. Bonds e. Tax Levies I. Bon cash y Other (Espland A. TOTAL—Grantee snare 38,480 28. OIM Shares 38,480 a State 38,480 I. Other o Total Other Snares . 38,480 Be. TOTAL 3 )8,880 .. SECTION E — REMARKS PART IV PROGRAM NARRATIVE Attach — See h,st.uctions „,..N, ...,r .,.�<..�.,.� ... .....m ..w ro "'El r TNNU T pace 5 PART IV - PROGRAM NARRATIVE Bangor International Airport is classified as a General Transport Airport serving domestic and international scheduled air carrier operations as well as general avia- tion. Taxiway A is the parallel taxiway to Runway 15-33 (the main and only runway). Taxiway A is used by all aircraft, in- cluding a significant number of wide-bodied jet airliners, going to or from the air carrier and general aviation aprons. The proposed project provides for the overlayingof existing understrengthed bituminous portions of the taxiway. Also, yeas of noticeably uneven vertical alignment will be scar- ified and overlayed to a new smooth surface. within FAA guidelined tolerances. _ Taxiway S is an existing taxiway used only by general avia- tion s -tion a raft. It is proposed in this project to upgrade the existing surface. The new surface will be smoother and transverse gradients will be improved. The design loading will be based on general aviation aircraft weighing up to 60,000 pounds maximum gross takeoff lweight. There are approximately 3,000 linear feet of trench -type drainage structures in the civil portion of the existing Portland Cement concrete ramp (another 2,050+ linear feet within the restricted Air Force area). Work is proposed to be done only in the civil portion. Of the 3,000 linear feet of ramp drainage trench, about 2,200 linear feet are in need of rehabilitation. A significant percentage of these trenches have almost totally failed. Under A➢AP 6-23-0005-07 (Construction Contract No. 3), appsoximately ,1,400 linear"feet will be. rehabilitate& This quantity will notcoverenough of the.most-critical areas, there- fore, approximately An additional 800 linear feet be in- cluded in this.project... .. .. - - The extent of rehabilitation of the structures will vary From just the top one-half of the trench walls (from just below the longitudinal failure crack, 19'4) to some total reconstruction of the walls. In all cases, new cast iron frames and grates will be used. Many of the existing are broken and because of the design solution used grates _ were reguired"Co have flat bottoms. The existing grates span -12 -inches and have Aeepened,sectipns. The;tive in- volved to'mi 11 these grates flat .would have been. prohibitive and strength woula have -been manxi£i€d:- The new grates will have flat bottom and the span will be reduced to 9 inches in order to reduce cost. The 12 inch grate width is not required for inlet capacity. Portions of the ad- jacent concrete pavement slabs will be reconstructed and become part of the expansion mechanism.which is required to prevent future destruction of the trenches. - 2 - DEPARTMENT OF SRWSPORTATION -FEDERAL Ayun ON AV voxlite AT ION PART The applicant hereby amuses and certifies that he will comply with Me rtg✓btipm, policies, guidelines and requirements, including Office of Management and Budget Cimul sea Nos. A 87, A 95, ash AA02. as Mey relate to Me application, xcepume and use of Federal funds for THE federally assisted project AIW, me applicant gives assurance and certifies with anewt to the grant that 1. It possesses lml authority to apply for the gran, and to finance and construct the proposed facilities; theta resolu. anger ion has been duly ademed or train, motion nn as in rcial xa of the wellant's governing body, compii ing Me filing of the application, including all under standings and assurances tainad Merain, and direcong and alums icing Meperwidentified as the official repre. wrativof the applicant to act in wide Me application and to under, such Additional as may be required. 3. It Will comply with Me Foreign[ of: Zmana a Order 11296, slating to evaluation of flood hazards, and Fxecu live Order 11288, elating to Me pmention, conwl, and abatement of water pollution. A It evil have sufficient funds available to mm Me non Federal share of Me cart for construction prolectx Sural' event funds will be available when co Pleted to anvil¢ affxtme operation and maintenance of Me facility or The premoses tonatnr¢ua. 4. It will obtain approval by Me appropriate Federal agency Mthe final working drawings and specifics nsbe- fore Me Weiser is advertis or plied an Me mural for Editing; Dart it will consrma the project or carese it M be aconstructed. to final completion M a aremewnwith Me pplication and approved plans and specifiatiosi Mae it will moral w Me appropriate Federal agency for prior rip' provae changes Mi alter the cards of the project, use of space, or functional layout; that it will not into a construction e xtlzl for the prejess or ume�take other nil Meconditions of Me construction grana ever grambl have hewn mer. 5. It will provide and maintain competent and adequate architectural engineering supervitiOn and inspection at Me commucarre u% to inwwar con Mat Me completed wac forms with Me approved plan and specifications Met h will banner progress reports and web other information as Me Federal grantor equals may require. 6. it will operate and maintain Me factor m accordance wish Mem standards as may be required or pre. armed by the applicable Fmerm, Sam and local agencies or Me maineemnce and operation of such fxibnea, 7. It will give Me grantor ounce and the Comptroller Geo eal through any Methodist representative access m and the right b examine all records, met papers, or documents related to the grant 0. It will Require the facility to the designed to complywM Me "American Standard Specifeaiions for Making Build. ,,as and FaOilitin Acwszibk to, and Usable by, the Phys, ally Handicaps •Number A 117.1-1961, as marified 141 CFP 101-17.70). The applicant will be responsible toe conducting inspettiam to invarm compliance with these spmifi mpons by the contractor. 9. It will cause work on the project to be camme cedl with. in a reasonable time after receipt of notification from Me approving Federal agency Mat funds have been approved and Mat the project will be promutW to completion with reasonable diligence. 90. It will not disease of or encumber its title or other rn the are Need facilities during the plowd of Fed seat in while Me Government Fords bonds, which. Enter Me longer, 11. It will comply wish Title Of of the Civil Rights ACI of 19541P.L 863531 and in accordance with Title of of Mat Act, no person in the United Slates shall, on the ground O1 Boer. or national origin, be emimed from parnapa I,, be denied Me benefits Of, err be otherwise subjected ED dixrimmarion under any program Or activity far which the applicant Raises Fedval financial amstana and will immediately sake any measures necea to effectuate Mil awwpni If any Feat properly or structure thereon a pro wdM Or improved with the aid of Federal financial ass;s- hm extended the Applicant, this assurance Mall ober gate Applicant, or in Me mrs of any tanner of such property, any transferee, for Me period during which Me real property or structure is used for a purpose for which Me Federal financial assistance is extended or for another purpose involving the pmviame Of similar xrvices or bens flu. 12. It will examine safeguards to prohibit employees from sing their positions for a purpose that is or gives Me NO. waranm of being " ll by a desire far private gain tar themxlves o oMea, particularly thaw with whom MW have fam0y, business, Or Omer ties. 13. N will comply seem the apuiremmtt o1 Title II and The III of Me Uniform Relocation Assistance and Beal Procell Acquisitions Act Of 1970 IP,L. 9184131 Which provides for fair and equitable ar of persons he placed as a remit o1 Federal and federally assst" pro- grams. rograms. 14. H will comply with all requirements imposed by Me Federal grantor agency concerning Axial requirements of IRA, program requirements and order administrative re- quirements approved in ac with Office ofManage n- m em Budget Circular N6 A-101 IS It will comply with Me provisions of Me Hatch Am which limit the political activity of employees 16. It will comply with The minimum wage and maximum harm prwisionx of Me Federal Fair Labor Standards Att, as Mary apply m hospital and educational institution von ployem of State and local governments. FAA Fmm SIM -10 Istn we anmaoas FAA FORK n10caaes r tNaua FREE DEPARTMENT OF TUNSPORTATON. FEDERAL AV4TIOh ADIUMISTRATION SPONWR ASSURANCES 17. Thew nor mm shall become effective upon an portion onaol the°f f� offer ae p the FAA a d still al aid for as Project ° oof the Grew A thus formed. Thee ce nh stitute °6 11 remain in full farm nd eRa throughout the useful lite of the facilities dw,l a tler this Project, but in an .est not b.xceM le (201 ear. from he tate a said tttphar of an o5w o£ Face=] alt fm the Project. Hw- q U lira m o he duration ! the car ....be do ehot ve re the ¢Want against ew) rights Any breach (¢them covenants o the part a the Spm u result P the ushesomm me tumn,tim a, or refuse) to r3n=er Assistance tler FAA aim iswrelnram artm, width mhe necessary to enforce he right, a the United SutrUnger this agreement. 18. The Sponsor r will p¢rare Ne Aire such for the u and benefit bothe public. a furtim this (but without IimttrinI its genet 1 applicability aa ! effect), pen the b all`typgak" dd and decentered ad01 ....teep nal use at free and w vblenUndr without Incrimination between such types. Hada d ¢lav s. Proeided is I the Sponsor ma W'iab suet ort sound mdm m us' ser axe m y 3n A ¢oche met ey er e of ph: pnr< no r `OM nxee,.rr icor he : fe a �cknt 'per ae II; of the Ai. - And pwooded Further That the S mew m M1hil ar limit any given type, kintl, oT tl as of'Irma,Fed war a he A' t b ,Us, v f r the ie a the Airport n ably b urn hm e died av- °Ums eta ppow a he Public. 19. The Spoww— Will best tont or Pwimt a y extractor right far - bid dn by shmsm, VU(a) If th, Federal Attalla, Act of BS9 g.9 U.S.C. 1399(x)1 at the Airport, or at any other airport now owed or controlled W i b. Agwi that. In fort,.... A, of the policy of the FAA ser AM1i v. an lee hm seal he Aammiaha car, rt will hot,n'tar raised inti ey pan or suit p .6 m .tion the xel slfright at Ne Attract or At any Other airoK now mmed r .... trolled by S to conduct utltal m boosted in eluding. bet n limited t° ¢paarte flitch, pilot training, raft [ental d sign rend a ul �haipaphY, trop aircraft a ae isl avertangeu wires, m ca ele`am ape. aircraft utwhether notitC'muctea . [tattoo conjunction with rA onaoU,,l airmaintenance of e i ft. ale taircrafttrtretra. antl any andhej,,bog nils bee f thir direct t the operation a c (t Add be garde, s 1 «m. . race that ;it will terminate e y sedans, rient W gage i N k, of Fruit lnee or oil, bot, pa nd beta[ in 19. 1962, a b • rmek t the ni renewal, elimination, wOra m dateapplicable to the agreeme t that established exeln righty a d right It. Agreesconthatwill terminate o rmi ate any she[ xtlu¢ e ,nth mirror bct efore a, grantna any mistaneeinnde� theAirport ntl Airway D no t any 20. The SponsoraSr¢ that will Operate he Airport for h, we ma eemfit a the pulls¢. an fair aad xasonabl, terms ma without onebut muni ' Em. In form a of an"wheat (but ho Or G C he general applicability tl effect), h Spon aeronaut g ally chewable a d agreed still {n its opvation ant the woratim of all facilities an Me Airpprl, neither It cur any perm or organization r f inti thereo m iac " inate Bo r, A ny o shared hu oinp `h � us Af any f thmade of e f cilitiKeptl Vii for the puWie an he Airport n xao ,net n any Agreement, toner t, lea other at - ,molecular under which a eight or privileg eat the Airport is Vanm&m any person, firm, or corporation conduct or ease a aero a Ital act ity for furnishig o In public at the Airport, the Sponsor will in - met enfortt provisions requiring the ttnhxW u) Ad fumian cis v A fair, ¢seal, .era n unjustly discriminatory mal, m all saes decamp an (2) tocharge fair reasonable, and not unjustly dis- c bryear for both unit or u ice; red - Acted, That the w,Lm,h r may be allowed to make e.@ad...isermmatwey discounts, re.Mh; ooysimilar types of prior reductions to volume s I. That it will ot ex rtiv o ° any right piiv its" which would operate to oen[ any peram. firm or wammItim reg aircraft on the Airport from per- forming raft with Its employees any on of own ain4nmee and ,epatr) that it may throw m pence,. & Ln the ev t the Sponsor itself u y of he rights war ji-void Qts x dwrid 6 subset n b any worr lwdrwill be, provmea on stns ..Nti as ld, apply to the furnishing men u a by sem tea of the SPomor under the pro- wslon¢ of such nubwetw, b. 21. incontained herein thetrtnuss or cyclones of an excludebe s riot fa pro-rund to ro- to, twitisning a mer via4'm piwimm, and supplies am s fv06 bon til^ n a, to obligate tthe Spo a mih any particular maemnn' i the Airvmt A. Operating he airmrcs aeronautical facilities when. me BuirM. Promptly reaching lighting MIAMI from Airport ndition, !,,]ailing temporary t. Promptly notifying a n a any naffectingnon affecting .ern sets¢ 1 use the A iport FAA Fare SIN -IN 14-761 Page 7 the put Or Eft mr, in which Airport,, loe ore be, seemed, or herortion of A eafter S. propertpremium; permitting it W so commit the 24. favors, as it is ,itbin its power antl res .able, the Space, sulk eltim, by the ao ulermn and retention of opo gas i rights for Me u of ],ad or iapose or by fee atlop�on and enforcement of img Nladone 9,rtake action b trig me se of I ad adjacent W 'i' the immediate vino {y of qtr Airport b aWvi and a landlnmr tLLk¢o with ai,real amort often, m- 26. All facilities of the Airport d ... limed with Fed seal aid aM all thine usable for the lending and taking off x air mft will 1,...i as, to the United Smam at all brain with. sf< ham. far a `, government' .aft , .. With hti a ref%revthat if s E9 Nea ment, mf F mha4nlial, an ,able abaae.¢P proportional W ¢u[M1 m ,f me met of operating and maintaining fauliide, m a,, may his changed. Unless nuarvilse determined be ma FAA. a othenwiae-ag and m by me 87cor and me using agenm. sobappi use arts airport y goes" pr, ai araft wal be Id soared em whin oper the a n4 gutta are ft A o if unduly of �ertwli [� uw of tReI,Mrt.gh`rFAA A Eg ashen entnonii[d timnan.,r doning an mlmmr..fain ba-. Fire O ore o, mgovernment ai... aft ace mg, hued larly a irprt an nn aIna adjacent there W. h The total nomter of movemen4 (tram i each I d- ing as a movement and each Gkenh of a mncare lm of as mt aircraft is no ce mor,, ore th< ways wcght of gweinmmt aim it song the Airport (me trial movements or government aircraft multiplied by milled weights of such ane.aft) i cans of fivemiiLmn poen::. . 27. Whenever an mr,mmd by the FAA. the Sponsor will furnish without east W the Federal Gove,i mmt. ro, ran - annalist, rtmatmn, o ...flan. and mainstream of facilities for . trade en teal activities. o weather r and :elted b ape co fmh such m ut l nano mfe mart right$ n build - top of me Sponsora the`FAA m nslder damnably far ue t Fed ... I a of necessary is. chicle, for am purposes. The s of and like of the Propertywna;or rightsso ,opened well be pG.a is Agreemente6ting to the Project Such am,, n thereof will be made ...Raise m provided or portion 4 months after , age of went, re act from the FAA. 28. The airport operate, or owner will random fee and metal rovided the summit u m wM1 ihney far `will makeim,afi a Airport as askOS sicel(:,stein- Poras y aible under the circumstances misting at the .Air t to rrginb account such factors are the volume of traffic And economy of mllemion. 29. The Smnnr willcial eraft financial furnish the FAAwith such ..... l be vu`s n bly uesed Such repand orts may be e,bmirtM oorts, as n farm, level M1ed`O9 he FAA, n y be aubmit4tl in Such ea the Spn elects o lac the essential Sofa promise enfurnished. The Airport andalla Duds and days- seem a aeNnmfile stirrers, long lea operation and a miat another a tan. will be made v,il,bl, far inspection and audit by the mS.. and me Gompt Iter Gen ral et the United States,`heir duly rvmonwl sen v , reasonable rep e- Ae- The Spasm,will I ..isbeb the FAA or b the General cast ¢Odce.-my, realest. , true copy of any such am: cit 30.umAll accounts and records willbe kept n m,dan ith`a standard systemro, o£ aeEng iaapre - atribed bwy fie Seer, . }l. 1£ at any time it is determined by the FAA that the.. outstanding right or claim of right in or b the Airport property, o erry, me, mode set forth Part 1. F1119"yha ( 1. 7410, and 9(cn, line i tentt off which creams tl f risk of in e,be with the f the Ai 7Porto five accost at eco oft thi: , the 5 r will a boguish sof seemly each eight claim `of right In a manner atm l,ble b me FAA. 32. The Smear, wing, ter into any o-anmeaon whim would a deprive R of . of the rights and m m y farm all f he an sae her a ul. s b` such transaction nr 4n obli ct nob perform all rveh a ants ea user public n found byes the FAA b be eligible under N, Act and Regulations to ugh litigation, and having the a uth ty and tans nal responses W all rveh oblig,tionss If made for ens o , of me Airport by ny mongI r person ane. men the Spenser suMnempl m M me 9Farg the As o o, will reserve mt rights acid sh. a at fee Airpol be operated and maintained In .....donee wit, me Am, me Regular..., and m®e measures.' sed on the" co ands whim e contest m` defined mile all t sand m AeNl,thm, mill have the meanings assigned W mem therein FAA Fina 5100—IiiO.4_741 1 Page 8 STANDARD DOT TITLE VI ASSURANCES The (Name of Sponsor Cix o£ Ba or, nsMaine ) (hereinafter referred m as t e spoor AGMS o .THAT as a condition ereceiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Scat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (herein- after referred to as the "Act"), and all requirements imposed by or pursuant to Ticle 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 endthat in aceprdance with the Act, Regulations, and other pertinent directives, no person in 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 21.4a)(1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, thesponsorhereby gives the following specific assurances withrespect to AD" Project. No., 6-23-0005-09 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(,) 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 sponsorshall insert the following noti- fication in all solicitations for bids for work or material subject to the Regulations and made in connection with ADAP Project No. 6-23-0005-09 and, in adapted form in a. proposals or negotiate agree- ments: The (Name of Sponsor Cityof Bangor, Maine ), in accordance with TI -ere VI o roe ry WRrg tis Acci of 1964, 78 Stat. 252, 42 U.S.C. 2000d 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 programa 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 on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall insert nert'the clauses of Attachment I 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 shallextend to the entire fa- cility and facilities operated in connection therewith. 5. That where the sponsor receives Federal finan- cial assistance intheform, or for the acquisition of eat 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, s 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 Development Aid Program of the Federal Aviation Administration, and (b) for the construction or use oforaccess 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 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 to 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 giants, 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 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. 5_23-0005-09 The person or persons whose signa- tures appear elow are authorized to sign this assurance on behalf of the sponsor. JUN 2 7 1980 Cit of Han o /J p ponsor r by Signature of Autnorized Df?ficial Peter R. D'Errico - Airport Manager 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. Compliance withRegulation s. The contractor' shall comply with Che Regulations. relative to nondiscrim- ination in Federally -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�5_y_it duringg the contract, shall not discriminate on the grounds -o£ 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 of Materials and Equipment. In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be performed 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 on the grounds of race, color, or national origin. 4. Information "'in' nd Reports. The contractor shall provide all intormati ports 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 contractorisin 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 far Noncom liance. In the event of .the contractor s noncomp ranee 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 thecontract until the contractor complies, and/or b. cancellation, termination, orsuspension of the contract, in whole or in part. - 6. Incorporation of Provisions. The contractor shall include the provisions or 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 - ATTACHMENT 2 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 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 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 n-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 breach 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 toandvest in and become -theabsoluate proper- ty of (Name of sponsor) and its assigns. - 6 - 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 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- 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 landsand.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 aclause is necessary in order to effectuate the purposes of Title VI ofthe Civil Rights Act of 1964. 7 _ i ILLPNOS 'NE 1 OVERLAY TAXIWAY A L P.EHABI3 A it RAMP DRAINAGE STRUCI U7ES - TAX!'WAY �J' - BANGOR INTERNATIONAL 6R. - BANGOR, MAINE EXFa1pil W FCR ADAP 5'23 -OI Hoyle,Tanner 4 Associate onsultiN engineers Manchester, New HamP, NO SCALE 0