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HomeMy WebLinkAbout1978-09-25 382 AF RESOLVE382 Ap Introduced by Councilor Soucy. September 25, 1976 CITY OF BANGOR RITLE) gQ(j19rA eho,r,:tpg„B clan...oc...GxesE...kea'ea Mt_ak[p.0_Itn ceA._.... States of America (Federal Aviation Admfuistretim) - Bangor International Airport [AD” project No. 6-23-005-0]j BW she Oity CoamB d W Ctp afBaa . MWLYBD. THAT SEC. I! The City of Banger 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. 6-23-005-07. SEC. : The City Manager of the City of Bangor shall be and hereby is authorised to execute the acceptance of the Grant Offer on behalf of thel�ity of Bangor. SEC. 3: The Grant Agreement to be accepted by the City of Bangor shell read in accordance with the attached photocopy which is hereby incorporated by reference and made a part thereof. s :✓ 382 AF IN CPM CC=M SEFT0ISSR 25 1418 4 E 5'0 L V E li THE DNITEO ST. OF RICA BAECBR d ZWD;AL A ET ' Y Page I of ilpages lR DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT Part 1 -Offer Date of Offer September 20, 1978 - Bangor international Airport Project No. 6-23-0005-07 Contract No. FA-AEFr78-51 TO: city of Basr, Sense (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, hereim referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (herein called an Application for Federal Assistance)dated Sept®ber 18, 1978. for a grant of Federal Banner for a project for development of the Bgor International Airport (herein called the "Airport'), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated 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: Glide slope ante®a site preparation (appear. 15,000 sy)I expand coaarter airline apron (approx. 3,500 sy); rehabilitate agree drainage sperm (approx. 1,700 If); obstruction removal there Areas, including clearing, grabbing, and excavation; construct fuel Spill container System; inetall new high ineenaity ru pay Sighting spates (EMS), and rehabilitate tax£vey lighting "From. all as More Particularly ghosts oa Exhibit "A" property map attached hereto and is the preliminary plane approved by the Cbfef, Engineering Branch, Airports Division, on September 20, 1978, all of vhioh are Incorporated herein by reference. Attached berate and strade a part hereof and dated Septerrover 18, 1978, are t Assurances given to the baited States of krouriem as -a condition precedence federal assistance pursuant to Title V1 of the Civil Rights Act of 1964 (P FFA FORM 3100-37 PG. 16781 suPERSEDEs FAA row 5100-v Page 2 of 10 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development An of 1970, as amended (49 U.S.C. 1700 in 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 a5 hereinafter provided, and (b) the benefits to acme 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 slime of the allowable costs incurred in accomplishing the Project, 90 Descent of Ruch costa. This Offer is made on and subject to Ne following terms and conditions: 1. The maximum obligation of the United States payable under this Offer Shall be $ 1,305,000. 2. The Sponsor shall: a. begin accomplishment of the Project within thirty 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 CFA Part 152) in effect as of the dale 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 line approval of rhe FAA; it. submit all financial reports on an accrual basis and if records are not maintain- ed on an accrual basis, reports may be based on analysis or records or best estimates as required by the Regulations; e. 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. FAA FORM 51019 PG 213-711 SUPERSEDES FAA FORM Basics Page 3 o£3U pages 3. The allowable costs of the project shall not include any Costs deter- ned by the F.M to be ineligible for consideration as to allowability, under the Regulations_ - 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of the Regulations.Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be wade for any upward or downward adjust- ments to the federal share of costs. The grant closeout requirements will be inaordance with the Regulations. 5. The sponsor shall operate and maintain the Airport as provided in the Application for Federal Assistance incorporated herein and specifically covenants and agrees in accordance with its Assurance 20 in Part V of said Application for Federal Assistance, and Section 30 of the Airport And Airway Development Act, a ended, that in its operation and the - operation of all facilities thereof, neither it nor any person or . Organization occupying space or facilities thereon will discriminate against any person by reason of race, calor, creed, national origin,. or x in the use of the facilitiesprovided for the public an the - airport. _ 6. The FAA.reserves the right to amend o withdraw this Offer at any time prior to itsacceptanceby the sponsor. - - ). This Offershallexpire and the UnitedvStates shall mot be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the sponsor on or before SEP 3 0 WS, or such sub- sequent date as may be prescribed in writing by the FAA. 8. The sponsor agrees to. effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole Or '- in part with federal grain providedanderchis agreement. For the purposes of this provision,"minority business enterprise" mans a business enterprise that is owned o controlled by o socially or economically disadvantaged persons. Such disadvantage mayarise from cultural, racial, religious,ni xnational origin, chrocen circumstances orbackground other similar ca Such personsmay include, but are mat limited to, blacks not of Hispanic origin; persons of Hispanic origiv; Asians or Pacific Islanders; American Indians; and Alaskan natives. Grantee furtber agrees to comply with such Regulations as may be issued by the federal Aviation Administration to implement Section 30 of the Act. Page 4 of 10 Pages 9. it is mutually understood and agreed that, in addition, the sponsor will Incorporate orcause to be incorporated Into any contract for can- rwork, o modification thereof, as defined in the regulations of the tSet[etary of labor at 41 CFR Chapter 60, which Is paid for In whole or in part will, funds obtained from the Federal Covernment or borrowed on the credit of the Federal Coverreant pursuant to a grant, contract. loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant. contract, loan insurance, o guarantee the following Equal Opp [unity clause. panics the performance of this -contract, the contractor agreesas- follows: (1) Its courractor will not discriminate against any employee or applicant for employment because of race, color, religion'- seanational origin She contractor will take affirms - live action to camera that applicants are emploved, and the employees are created during employment without rogard tc- LLeir race, color, sex or national origin. Such action shall Include, but not be limited to the following-- Employment. ollowing-Employment, upgrading. demotion, or transfer. recrurloecOL ruitment advertising; layoff or. termination'., races - of pay or other forms of compensation, and selection for training, including apprentisesblP. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting - forth the provisions of thin nondiscriminationClause.. (2) Vue contractor will, in all solicitation or advertisements for employees placed by or an behalf of the contractor, tate that all qualified applicants will receive considers- ft for employment without regard to race. color, religion, arx or national origin. (1) The contractor will send to each labor union or repremen- tatl,v of workers with which he has a ca).lective bargaining ogrwtaun[ or other contract a understanding. notice to b,providedadvising the said labor union or workers' representatives of the contractor'samtitments under this section. and shall post copfea of the notice In conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of gaecucive "Order 11246 of September 24, 1965, and of the rules, regu- lations, and relevant orders of the Secretary of labor. Page 5 oflo pages (5)The c will furnish all information and reports requiredbyExecutive Order 11246 of September 24, 1965, and by rules regulations, and orders of the Secretary of lobor, or pursuant therefor, and will permit access n his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Loves- . tigattun to ascertain compliance with such calls, regotations, and orders. (6) In the event at the contractor'snompliance with the nondiscrimination clauses of this contract or with any - of the said aides: terminaions,ted, or orders, in whoeorcontract may be cancelled, contractor may o declared in whole ineligible In pa [[ and [he mntre<[a: mey'besdecl9rra lyssstd for further gas contracts or federally assisted - construction contracts in accordance with procedures -- - authorized in Executive Order 11246 of September 24: 1965; and such other sanctions. any be imposed and remedies In- voked as provided in Executive Order 11246 of September -24, 1965, or by rule, regulation, or order of the Secretary of Labor, or _s otherwise provided by law. (7) The actor will include the portion of the sentence Immediately preceding paragraph (1) and the provisions of paragraphs (1) through (9) In every subcontract o purchase order unless exempted by rules, regulations,' or rof the Secretary of labor issued pursuant to - Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or, vendor. The contractor will take each action with respect to any subcontract or purchase order as the administering agency my direct a of enforcing such provisions, Including sanctions for noncompliance: Provided, however, that in the event a subcontractor becomes involved in, oris threatened with, litigation with a subcontractor or vendor a result of such direction by the administering agency; the may request the United States to enter Into such liti- gation to protect the interests of the united States. The sponsor further agrees that it will be bound by the above Equal Opportunity clause with respect to its pass employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above Equal Opportunity clause is act applicable to any agency, instrumentality or subdivision of such government which does not participate in work oft or under the contract. Page 6 of 10pages 10. The sponsor agrees that it will assist and cooperate actively With the .administering agency and the Secretary of Labor in obtaining the compli- e of contractors and subcontractors With the Rgsal 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 may require for the sopercision of such compliance, and that is will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. _ 11- The sponsor further agrees that it will refrain from entering into any contracts ornontract modification subject to gxecutive order 11246 of September 24,1965, With a contractor debarred from, orv s ot denaactrated eligibility for, government contracts and federallynassisted construction contracts pursuant to the Executive Order and will tarry out such sanctions and penalties for violation of the Equal Opportunity clause. as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pureaen: to Part III, Subpart D of the Executive Order. In addition, the sponsor agrees that if it fails or reuses to comply With these undertakings, the administer- ing agency may tabs any or all of the following actions: Centel, terminate, or uspend in whole or in part this grant (contraher ct, nee loan, insurance the eaor - guarantee): refrain from extending any under the program With respect to which the failure orrefund Occurred Until Satisfactory v of future compliance has been received from _ the sponsor; o thencase'to the Department of Justice for appre prince legal Proceedings. 12. it is understood and agreed that no State or local government shall impose affi t£ve action hiring and/or training requirements on Federally assisted c—vOajcm already subject to Federal minority hiring and/or training pleas established pursuant to Order of the DirectorofFederal Contractor Compliance except as provided in Regulations appearing at ' 41 CFR 60-1.4(b)(2) 13.It is mutually, understood and agreed that the sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other business at the airport to the appropriate Office of M£mrity Business Enterprise (OMSE) representative asidentified by the. PM Regional Civil Rights Office. The sponsor will disclose and make irlor- action about the contracts, contracting procedures and requirements avail- able to the designated OMGE representative and minority firma an the Game basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids. ' Page ] of 10pages 14. It is understood and agreed that no pert of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, a amended (49 U.S.C. 1701 at. seq.), o order the Federal Airport Act, asamended (49 U.S.G. 1101 at. seq.), shall be included in the-ratebase inestablishing fees, races, and charges for users of the Airport , 15. This project and all work performed thereunder is subject to the .. Glean Air Act and the Federal Water Pollution Control Act. Accordingly, a) The s r hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is net listed on the EPA list of Violating _ Facilities. b) The sponsor agrees to omply with all of the requirements of - o. Section 114of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant _. _.. is undercsideration to be listed an the STA List of Violating Facilities. d) The spore agrees that he will include o e to be iincludadin any contract or subcontract order the great, which azcaeds $100,000 the criteria and requirements in these subparagraoha (a) through (d). 16. Assurance. Number 18 of Part v of, the project application incorporated herein is mended by including at the ead of the second sentence the ...following language: eiaelndfmg the requirment net (A) each air -carrier, summarized to engage directly in air transportation Puissant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to novdisaimina[ory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or statements, and combined passenger and cargo flights or all cargo flights, and such classifica- rise or status asctenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations Page 8 of 10pages substantially similar to those already imposed as and (e) each fixed -base operator using nan carriers,air general aviation airport shell be subject to the same , fees, rentals, and other charges i uniformly applicable to all other fixed -based operators making the same or similar use of such airport utilizing the s similar facilities; provision (A) above, shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. A sponsor shall not require the reformation of any lease orother contract entered into by a sponsor before July 1, 197S." ' 17. The. sponsor covenants and agrees that it will provide on the airport, without cost, adequate land -or Other space satisfactory to the FAA for the purpose of parking all official FPA vehicles including privataly-owned vehicles when used on FAA businessnary for the maintenance and operation of FAA technical facilities (air navigation and air traffic control facilities). It is further understood and agreed that sponsor will provide adequate space for free parking for FAA employees assigned to the airport, satisfactory to the FAA, which shall meet the following requirments: Parking shall be no less desirable than that provided employees of. sponsor and parking shall be within a reasonable distance of the facility to which the FAA is assigned.. - 18. The sponsor hereby agrees add covenants that any ach all flood ins rage required by the Flood Disaster Protection Act of 1973rPnce1.o93-234), with respect to the buildings and/or personal Property to be -constructed and/or acquired under this project will be purchased prior to the acquisition or construction of any insurable interest and shall be maintained during the useful life of such buildings or personal property. 19. the federal government does m w plan o contemplate the. co ruction of any structures Pursuant to Paragraph 27 of Part V - Sponsor's Assurances of the. Project Application dated September 18, 1978, 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. 20. It is understood and agreed that final plans and specifications for the .development contained in This project will be submitted to and approved by FAA prior to advertising for bids.. 21. The sponsor aware of the cost of operating and maintaining the airport lighting systemsand agrees to maintain said airport lighting in good operating -conditions in accordance with applicable FAA Advisory Circular as contained in Appendix Iof FAR Part 2. Page 9 of 10 pages The sponsor eants and agrees to operate its airport lighting system" throughout each night of the year and that it will pronptly issue NOTAMS of any outages o malfunctions of the lighting systems, and/orthe restrictions thereof to service. 10 Pages of 10 pages The Sponsor's acceptance of this Offer and ratification and adaption 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 Act of 1970, as amended, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said accept- ance. UNITED STATES OF AMERICA FEDE TIO TINT A�.� BnCMief'ar octa (Title) goo ......... Rev land Region Part 11- Acceptance The City of Barnet, awma does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Application for Federal Aaaistance 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 day of , 1978 . ........ city, of, eeugot., !??ire........... (Name of Sponsor) By..................................... (SEAL) Title... Citp daneger ...................... Attest: ............................. Title: . CEtq.clerk.................. CERTIFICATE OF SPONSOR'S ATTORNEY 1, , acting as Attorney for City of Bangor, Raine (herein referred to as the "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 that the "motion thereof is in all respeets due and proper and is accordance with the laws of the State of Raine and Ne 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. Dated at amount, Raine this day of , 1978 ........ Title......City.S011eitac ............................... ............... I F�FOFME�PG911M SUPERSEDES FEDERAL ASSISTANC@-- un enjor — XSER CANTS ADAP 8-iVON mENTn N/A A. m- roUG➢uCnloNA DAN A. AMR w.0 ACTION © urdIn➢On n 8 rim ARSIONT3 19 M ❑ aware" INMENnON Na IoU (OA) 4L_❑ Noon cs rtoeau mamm tWL A�eeuuams ro Ncanon N0. ;` AMOCO city of BangoDrove. 01-6000020 Airport Department . Bangor International Airport .eu : u 2 0. 1110 2 n • by Bangor : Penobscot MAA l BEEF S(aine2.04401 }� Airport Development w Peter R. ➢'Errico,Airport Manager. xaumw Aid Program p .XVI) A- PE aA instaallationn�of new high intensity runway lighting n u+E...,7 uu'� system (DIETS) edge lights and rehabilitation of WOP i�se°s"mm.�ffiOM "nay lighting syst®. w 9 Glide Slap Antenna Site Preparation; Air Carrier -.% �Fanp Drainage Rehabilitation; Commuter Airline c aPENN=mowNew Apron Expansion; Obstruction Removal Including 'ulea[ing anEOGrMubbivg, Fuel Spill Con[ainmevt System "Www MsrnA• View .wlwhaw, owal"m L TOOIs TWE OF APPLICATION Bangor/ IRAN, MCI i&Aaawdo. no =.n o-wmmnEVENT Penobscot County/Maine 500,000 Massooma NN IL 0wsazo FUNDING000 ien unown) AN .m v 45 000 Ac a2 A2�wwl N.A. 102,000 NT .=nou.. oa Ia. w 18n n�l�nx :'%moo "a IL ENADWATED CAR TO sawava nsr NO amuury/A imnnox nnueea SUBMITTED To mrRE, ]8 9 16 1,4]O OOOmSE awns assaal Federa Aviation Ad21. - Ma . N.E eRe Region, Burlin ton. Maa acM1usettn 01803 p NO a m RM bw at owings, as Mie. o. Anf gFmmCAME Ass me .T -n. MIAMI I;I. Aw. Mood. meNTEN 11 am Mi MEEM R. Owe" non r lMMEM 14, CARRIER � nn we I I'=Y ARM 0 M NOT AEQDIREO -PER PAA PEOCEDU%ES M- 11 0 � �iq .� � BE W NM RE ea W PLEMENTING OMB CIRCULAR A-95 -PED. 11 O VIA s n•.+. wnn REG. VOL. 42, M0. 222 - NOV. 17. 19]7 0 E' a � nrz wu_ qg5 N Peter R. ➢'Err � mesa as is78N9 18 S S m6 Airport Man England BE PRECEIVED °YB q I§ �I.Ai`%i".'ew Region 19 GVACM bio ificsn n !Airports Division Fxagrane Branch m2 A'°.enngland Executive Park, Burlington, Me 01803 an FA!�.jl7FjgDONn yt ACTION TV rynnno rw, mono EPA 00 MAE wa, yy !p.ATE 19 n LfENDING 7 p., mumu we . Miriam M. RouM1ow DATE 19 An uew.ura RODEO (6ll) 213-7231 E�pw.ex�tms.� �' 0 0 v., pne DEPARTMENT OF TRANSPORTATION FEDERAL AvpTION ADMIN( STRAY ION PART II PROJECT APPROVAL INFORMATION SECTION A Item I. Does theep t ..mque rui a State, local, Nam of Governing Body stemmed, aother priority ,ties? Pi dtY Rating —Yes xNo Item 2. Does thiser A,P req ui a Star,,, i ... I Nam of Ag ... y or advi oty, eaeonal ar heelm nleunne..s Board _Yes Is (Attach Documentation) beta 3. Does thiseroalmostrepoi n cl ev imi se reew (Attach Comments) in mmordmi with0M8 Circular A.957 —Yes % No Item 4. Dees this assistance mq,i reaoirt State, local, Name of Appmving Agency regional or other planning approval? One _Yes X— No Iitm S. Is she proposed protein covered by an approved Clack one: Stare rx] State System Plan ep amehen ve plan Local dy] Airport Master Plan Project is consistent with Regional rri� the intent of bath plans % Yes No Location of plan Maine DOT, PAA. Burlington. Mess noted tem 6. Will she assistance requested serve a Federal Name of Federal Installation installanan? —Yes x No Federal Phomloion benehnng from Project Item ]. Will the assistance eq,osed be on Fedmal land Name of Federal Installation or mstollanon? Location of Fed ... I Land —Yes %_No ?,,sent of Project Item 0. Will the assistance wqu.stea hwe an Impact or effect see i structm, for mi information to be on the wwmmmem. provided. Yee x No Item 9. Number of Will the ass,stance requested corse the dfsplacemmt of Individuals indrvidwls ivmiGes,-bu nnesses, ar larm s. Feeling ee in Bu,s > Yes X No. Farm. ss Item TO. Is there ether rdmea Federal a n this see ns for additional Information to be project pie �a e, pending, or ia vi ded anticipated? pum _Ten yNo FAA An. Sladi lana Rumens soEs'AA'now amain PA4119 I Txau 7 POge 2 INSTRUCTIONS. PART 11— SECTION A Negative answers will not rcpuis an explanation unless the Federal agency reousets more information at a least date, Provide supplementary Wu for all 'Yes'. answers in the sN[a Provided in eMordeow with the following anont Item 1— Proxima me many of due governing bards, ho lieM Ing Ne priority system and the priority rating avigned to this Praised. ' hen z— Provide the name of the agency orchard whim hied the Clearance and attach the documentation of Gads or approval. uem ]— Attach the clearinghousecommand fon the land. pation I, promises with the mocmteined in Of. film of managementandBudget Circular No. AgS. if cons. mens ways submitted Wrviounv wish a pnapplicanon. do not submit them again but any additional cam mixfrom the clearinghouses should be submitted swith kis application. Item 0— Furnish are name of the approving agency and the approval data Item 5 — Show whether the approved comprehensive plan Is State, local or regional, or it none id these, explain are scope of the plan Give 00 location where not approved plan is available for examination and same whether trus diddle a in conformance arp one plan. Item 6 — Show the Federal population residing or working an the federal indallation who will beadifit from Thus Item 7 — Show the percentage of the project work that will be conducted on findarallyrowded or listed land. Give fire name of the Federal instalkation and is location. Item 8 — Briefly describe the provemble bmeficiai and/or mated, explain what aund, wiJi W taken W minimize the impact. Federal handles will Provide deparaft Instructions if additional dam a yeaded, Item 9 — Starts the ,Mbar of nsphrithims, filardies, cup model or farms this protect will Sudan. Federal apporkey will Provide substrates instructions if additional data is Item 10 — Show, the Fewspil Del Assistance Catalog number, the program name, the typre of abnormal themen Up and import of each project where them is radial press ­ disbar mi or anticipated assistance. Use additional down, if needed DEP4 TMFNT OF TRANSPORTA➢ON. FEDERAL AVIATION LDMIHISTPATION A The Applicant intends to acquire tM site through: a lighting in Eminent damain,_ Negotiated purchase, Other means(specify) Due xo. ea.nme. PART 11 — SECTION B Il. SITES AND IMPROVEMENTS: % Not repuirM, Attai as exhibits A The Applicant intends to acquire tM site through: a lighting in Eminent damain,_ Negotiated purchase, Other means(specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VETTED IN: with 1971 construction N Applicant, Agency or Aslildlon operating UpMCI Nty, Other (your El 13. INDICATE WHETHER APPLICANT/OPERATOR HAS: X Fee simpletide— Unwelold MbIrET Glber(specify) 14, IF APPLICANVOPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION: a. Length of lease 00tber estate interest _, and nut of years to run 615 lease lerewablev _Yes No u Curren appraised val us of land 5 N/A J. Annual rental rate 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT/OPERATOR HAS IN THE SITE AM CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID. On Pile at PAA 15. WHERE APPLICABLE, ATTACH SITE SURVEY SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS. N/A 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. N/A 18. ATTACH PLOT PLAN. Exhibits Attached — IS. COPoTTRUCTION SCHEDULE ESTIMATES'..—Nat (squired Bang Tota , Attached as exhibits Percentage of com0lgion of drawings aid specifications at application dale'. Scimmu —% Preliminary_: Find G M. TARGET BATES FOR: Bid AMatiument VariesA Contract Awad Spring, 1979 Construction Completion Sumer, 1979 Occupancy Fall, 1979 21. DESCRIPTIONOFFACTLITY: Notramirnd % Attached as exhibits Drawings— Attach any drawings which will assist in describing this project. Specifications— Attach copies of completed oidlirm Wadi (If drawings and Spe ifications hue not been fully cwnpl ailed. Please attach sound or working draxinga that have base completed) FAA Fmm 5100.10 ISTv SUPERSEDES FAA FORM Swi FACES r TARO v Pap. 3 NOTE ITEMSON IS SHEET AMC 5CLFAPLANATOF. Acontract A The Purer intends to bid s andaward a lighting in Fall, 1978. Other projects will be bid and awarded consistent with 1971 construction completion. FAA Fmm 5100.10 ISTv SUPERSEDES FAA FORM Swi FACES r TARO v Pap. 3 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART ll - SECTION C The Spow r hereby repreume acts usage, as follows: 1. (Iompmible land Use.—The Spoluor has taken the following actions to acture compatible usage of used adjacent to or in the vicinity of the airparF 1. Completed Airport Master Plan is on file at FAA. 2. Undertaken appropriate land and easement projects in recent years — see current AN3 project. 2. fahsm—Th no in Seismica any obligation o the United$term or any Agency of the United States Govan mem relative to the d,milimene operation,o Tamerlane fany airport, except As Rated betewitb: None 3. Posible Gisebilitim. TM1ve are no facts or drnummbnem (including Ne exit¢.=. of effectme or proposed Imma, erre apeemenu oe 0thee legs agreements affeating use of the Airpeart or the exuterm of passing litigation or other legal percent, ucM1 m mammble probability might make it impossible Los the Sponsor a carry out and complete the Project a, , ner out the pronamess of Part 6 of this Application, either by limiting its legal oe formed ability or otherwise, except As follows: Norte 4. Land. —S) The Sponsor hold, the following pmperty immest in the following areae of IanI which gets to be developed uud a pan of ar in m with the Airport, subject to the following exceptions, encumbnncn, and advance unless, IN of which area are identified on the aforementioned property, map designated as Exhibit "A": Fee simple title to all propertyshown within the Airport property line except for certain portions devoted to State of MainRelays Maine Arand National Guard use. No part of this project will be in Guard property. Ston character of peopany interest in men arm and list ,d identify for ewh oil exoepeems, commemorates, and adverse incomes Ferry of Fe Rind gad mule, cludmer time, easements, ?earn eta The aammo, sews of land need only be identified here by she Fora nem6er she,, an the property map. FAA Form 5100-10(laasl Pada b DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART U SECTION C (Continued) The Sponsor (urthn ratifies that the above is Deed on a title examination by a qualified attorney or due company and that such attorney or title company hu deteenmed that the Sponmr cable the above Toxicity interest. (b) The Spin,, will acquire within a removable time, but in any event par, to the start of any construction work under the Poo et, the following pro city interest in the following areas of End* on which such contraction work is to be performed, all of w)tich are ere eme6ed m the aforementioned property map dmgnatm M Exhibit "A": None - owner ownE all land upon which project will be constructed. the fees Em Sponeor will acquire within a remnable time, and if feasible Dow to the mmpletion of all construction work under K) connection with the Aires property willnb ren[ in the completionthethe Project,il of hwh aurae act identified tified on the afooped or wed *rementioned portae it will pan camp property map designated nExhibit "A": , None 5. Exduswe Righu. ho. -There is no moot of an exclusive right for the conduct of any eemnmtieil whrty at any auport owned or controlled a, the Spotnar except As follows' None 'State chs tar of property interest ineo.ho,, and lag and idweyf,, "h all acceptors, umbmeas aM odea to ry of evekind and c inehomer lieu venae, tensa, a The upom c armsof Minexed only be identified ban by the a umberaehoan an the fmp,,"nop. .0 FAA Form 5100-100(,76) - Pape 3b' OEPARTMNT OF TR.WSPORTATON- PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL L Federol Domestic Assistame Carol" N.............. .20.102 2. Functional a. Oahe. Breakout ..................... SECTION B — CALCULATION OF FEDERAL GRANT cl..cr,,.x.,,... R.a....e A...'i>rlim I. Administration Finance - S S S 8 000.00 2. Preliminary exneosa 75 000.00 3.. Landsburures, chi of way 0. Archhewral orshma Mg basic may Slaevvlsion 16 000.00 ontxo S. Other architectural threatening fees and a d Test 2,000.00 6. Project Intention lees 30,000.00 7, land development S. Relocation Expenses 9. joloration payments NIndividuals nM Businessman III. Oemoligian arm remover 11. Conetmcuon aro project implement 1 220 000.00 U. Equipment y 13. Missalanmus survey and -Inspection 5 000.00 In. Total (Limps l through 13) L 356 000.00 15. Estimated Income Of appNcable) 16. Net Project Amoust (Line la mime IS) 1,356 000.00 11. Less Ineligible Exclusions 10. Add: Conti en 1114,000.00 19, Total Proper Amis(Excluding Rehabilitation Gnats) 1,470 000.00 A. Federal Share requested of Line 19 1,323,000.00 21. Add rehabilitation Grace Requested (100 PeroeaO 22. Total Federal grant requested (Lines A IS 21) 1, 323, 000.00 8. Gamre share 45.000.00 24. Other shares 57 , 000.00 25. Trend pmjed(Lima n,, 23824 S is 51,470,000.00 INSTRUCTIONS PART III Section A. General 1. Show the Federal Domestic Absence Catalog Num bar More which mem is requested. When more than One NoYam Comity Number is in missy and to amount cannot be distributed to the Federal Want program or camlog number on an over all patronage basis, forms a separate Wt Of Part I I I forms for each program Or GYmg Nui However, armor the total amounts for all programs in Section B of the bass[ application form, 3. Show are furechoel Or Other wtemncal Intel if required W the. FedNal grantor Games. Prepare a sommam set of Port 111 forms for each category. Section G. Calculation of Federal Grant When applying for a near grant, use the Toad Amount Column only. When requesting reomwn of Perilously awarded amounts, u¢ all columna. Lim t — Enter amounts hayed for administration e penal incudirg such items as taM, land fan, renal of vehicles and any Omer expense items expected to [e in. counted to administer One grant Include me amount of in other when authorized by program legislation and also show fly, authorizeds amount under Section E Remark& Lim 2— Enter amounts becoming to the work of locating and designing, making surveys and maps. Nnking tart hales, and all other work required prior o actual con0lattiw. Lim 3 — Enter amounts directly admitted with the hadun sition of land, "mind structures, and related right -o y. Lire 0—Enter basic fees ter architectural engineering services Lim 5—Ens amounts for other architectural mgmering o ry , such as surveys, not. and bormga. Lims — Enter fees our Inamctmn and audit of ceramic. lion and maned trogamg. Lim T — Enter am dated with the development of land where mePrimary purpou of the grant is and improvement. Site work normally madvated with malts conduction should be excluded from this maned and grown on Line ll. Lim 8— Enter the dollar amounts needed to provide redo cation advisory a ell add the net amounts for repace, Ian proud housing. Do not include relocation ad. "amass n this Line, include them on Line 1. Line 9—Enron the normal amount of palmation pay, Mason to the mere to diepayd persons. business concerns add nonprofit omminicOM Our paying expenses and re Placement housing. Lim le — Enter the gross ges and waof employees Of tthatgre anteother will be directly engaged in performing demolition ormal of stmttures from developed land. This 4th should grow also me wt of demolition or re moved of Improvements On developed Intl under a hung party contract Reduce the Poets on tau line by the amount of expected proceeds from me are of rings, if s0 structed! by the Federal grantor agervy. Otherwise, show to oroceMs an Line 15. Lim 11— Enter amounts for the actual construction of, addition to, or restoration of a facility, Also include in mis Comgory the amounts of project impavemence such n streets. landscaping and lighting .Lim 12—Shown amounts far equipment broil fixed and movable exclusive of equipment used for concentrate For ample, Incude about for permanently atIXhM lab tory tables, built-in udio oiNel systems, himself dnk[, chairs, and laboratory ¢moment. Line 13—Einer Ynomrts our items not specifically men named above. Lire 14 — Enter the sum of Linn 1.13, Lim 15—Enter the estimated amount of program income mat will be earned during the grant period and applied t0 the program. Lim 16—Enter Ne difference betwnn the amount on Line 14 and The estimated Income shown on Line 15. Lire 17 — Enter amounts for Nose items which are part of the project but not subject 10 Federal participation See &ttion C. Line 2Pq. Column 111 j. Lire I8—Ent r the esurnated anstrunt for computation. Compute this amount as follows. Sierran from the net project arryount shown 0n Line 16 me ineligible project exclusions shown on Line 17 and the amount shim is exdudad from the mntinnnp prmirnmahown in Section C, Line 2%, Column IPI. Multiply me comWul micros by the percentage factor allowed by me grantor agency in ac intonate with the Federal program guidance. For mase grams wnied provide our a fixed dollar allowance in lieu of a national alternate, enter the dollar amount of this allowance. Lim 19 —show me total amwmt of Linn 16, IT, and 16. (This Is the amount to which the maturing share ratio faro xrio d in program presence is spphed.l Lire "—Show the am of Fans l funds requmad ¢muse[ of fonds our reinabiGmtlon purpose& Line 21 —.Enter the estimated amounts needed for rehi expense if rehimenation grants to individmb are made for which gran imbu and 100 percent by the Federal gamer anncy in accordance with program allude don. 1f the Video shares in met of mis expense Snow the total amount an Line 13 instal of on Line 21 and explain in Section E. Line 33 —Show the fact amount of me Federal Want to- purged. Lim 23— Show the amount from Section D, Line 27h. Lim 24 —Snow the amwnf from Section D. Line 28c. an" 111.110 DEPARTMEHI OF TRANSPORTATION . FEDERAL AVIATION ADMINISTRATION _. la -7T SUPERSEDES FAA FORM e100-10 PAGES r THEN 7 PPoe 5 SECTION C - EXCLUSIONS - 26 6. 1. 2d. f. a. SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 37.: Gramee Snare 8 a sewdaes D. Marlgages c. Appmprimloos(By Appl loam) $ 45,000.00 d. Bonds A. Tax Levies L W Cast ¢. Other (Explain) h. TOTAL - Grameesnare 45,000.00 28. Otner Shares a. state 1977 Bond 000. 0 IL Other Stake 1974 CID 57 000.00 c. Total Other Shoes 102 QOO.00 H. TOTAL S 147,000.00 SECTION E - REMARKS PART IV PROGRAM NARRATIVE ANUch - See Instructions la -7T SUPERSEDES FAA FORM e100-10 PAGES r THEN 7 PPoe 5 con 111 vued, 11, Pan rF o1 OP nWaludy old Let them 'i FMeral pynrnpetlon Worse of p!ory le9ele ior. or Fed not arder nostrucital Thin WUI amount on Len, aY v}ew b1thea 117 of See to, a. Show In tFallen IEI Nose Olson omm Nat are subject to Federal penlnpation but are not ell able fu in amountdershey so the uttd as compete Co mgw hlatwnd ava It Flnine NnmFMunl Shutt, f Der a Exam dow • edeosWhy the art... mm Me Ns l0 days Old there III remainirq Ie make own of timee but xm lip GER wrlW Pula xlterran,a on oa Me 9rmt ...mull mors, barG,uuamneatil, Way RTn—Shox ore total of Law 27ITrrnt i amount me, Owl May anwm Ao in Section 8, Lina py Sea eOr a — Owl the sumouwill nns be omuibmed bye for stag NmcF rvby II the apVlimra is w,1 $1. 111 l ,he, I oro wort on ..If comalal late.'Strel E By ,ask Lou —SFow IN butts Main what this contribution will mniln of Ism, torE I,,, 28e—Snow IN total of LINE MA and To the ser w the amoant Nwn in Sx an I'm 4. lire 3B— Enter the total of LiM ])F rq LiM BAR uon C. OtNF Ramada, Make my "i P'llin�t 10 e project w plarldry, are gra orA an, dl new,p rich Tom are.'.owHry. e INSTRUCTIONS PART IV FROORAM NARRATIVE Ptepve all po9gm narn4ve nmemmt in accordance wiN the Mllewlrks povunime bt YI mw qam programa I'll 101 WPPI"Mlli added otem SM wa For o.dY. Randall mntintion rebndinp ar other cha.gm of ana�rctlwcl%6Mo doMwonsirclmmScoNY- 1. O ECTIVES AND NEED FON THIS ASSISTANCE, ftnwNt any of PeNt economic, Coal, (i......1, Demonstrate IN Man far EmAknon and Fruits The powmal and Illawfuld, 'Barbara 11 'no 9��ll Supwalleas di mismi Inner than IN mMwrt may dr, us" lady FWt of �ld 11 Planning atter Mould miM;Uu orooMm , E, flESUETS ORBENEFITS EXPECTED. III Mrt, &I For example, , Nml.lploom m Visit e OI Mnioccupy Ne Ixihly and mum MW IN lxlBly Falls Ben¢ d. Foram ardiumadom Far me outili� 'leets, explain how the pmwF ld, dl ,1,1 a APPROACH. I . atuw a plan Of action All to the aww.,d distill of herr N mL ..If M axcm. p MM Io' am, Che twtw wniA Miotx work aM your All m tell g IT p".m do� d m other, Wait I Mae, or xuaorYmery arc land community numbskull Ihter or ut far � 9111 muatly mill tMt theammpliglmm n told aahim i If wri When xeempiNm ors cannot he IN On w@t to rithe ¢IWura Of yfilm in �IWOIOW"l w accomPlM.Mms and the, Identifynd dthe irty hhe . ieciww maxWined,- Me remits and "Of on project Explain he wthOd W9. mat Wien be team to determine if the needs bmbnetl am wi maed are ming Ai and It the results ala pre,ta menNFed In Nem 2Ere Oil G Lilt cash 1pkm1I(Is Abnormal real ill, an v Inn of the mare( al the, effort OF p GEOGRAPHIC LOCATION. Gore a prose, Imrien of IM project N mea mweerW CaiaINp d pinlsl. Maps o- but glamor ata mayor med F.OIF APPLICABLE, PROVIDE THE FOLLOWING IN- RMATION: a. oeerjme Ina Mtwec this project ,it Other I w+ell t.. a , uI FanelliIN Awltlen'rs..alts under Pars 11ISttronMA, liked 10 in Baker the on for ell Nepal Iw opolemmrd IV IN nembara Imt1 wI floating d Gordon Wbrn wIft TI Mll Ill Ties Ed h...� d II OF bareLwLeon vem ead Rmgxa as By Wlimt 'bl'Ol", Sri of or Owl Mi add gaily. For other r uesn far TmI u expain Ne'corm for IN Ma 10. If the � or objecoves, lack showed For an extension al Iine is '�Ury, explain me circumstances u VIII if' falowdIhave managed1114 16M till oma bb Sunil reser In ALI gImt R, (Awa If Mwg eel and Sndml Chwm He A.102, ey. Pe.mjer mtxv Ne ahanne and As exect oil ties t OFPARTMENT OF TRANSPORTATION PART V The applicant hereby assures and certifies Met he will comply with We regulations, policies, promise; and rryubemenp, including Office of Management and Budget Ossulare Nos. AB), A95, and A-002, as they roots to the application, Ycgtance and use of Federal funds for this federallyopenedproject Also. Me applicant gives assurance and certifies with respect to the Want that 1. I I porrevae legal ands ity to apply for the Want, and to finance and construct the proposed comites; that a resbu. similar anbe or ion has en duly adopted or posed as nnofficial act of the applicant's planning baby, aumwiaing the filing of the application, including all under Wong, and a omait tl therein, and directing Among, cushioningtheidenrNed as the official repre of me applicant to act in connecilon whom the application end At Provide such additional information as have be required. 0. It will comply who the previsions at: Ewcu ive Order 11396 relating t0 evaluation of flood hams and Exec, tort Order 11388, rutting to the promention, comes, and aMtement of water pdWies. 3. It will have sufficient funds wettable to meet the nom Federal Mare of the met fir concoction Prolecn Suffi Alan funds will be available when construction cle4dm movie 9ffshive Operation and maintenance of the facility for the purposes constructed. 6. It will obtain approval by the appmpriete Federal agency of the final working drawings and specifications be fore the project is advertised or placed on Me market 1w bidding: mat it will scratch the Orol%t Or "use it to be aps�nd m 9ucted. to final completion in accordance Paris plication and approved plans and ipxifi"tmny: Met it will submit 10 Me appropriate Federal agency for prior all Woval changes that altar Me coati of the project, use 0f space, or hiptiorol layout; than it will not acgsl for Me project or undertake other wEtmtunal Me core itions of me mtsnuction grant pro Wamisl have boort met. 5. It will provide and minimum component and adequate a not matural engineering surpoext3ion and inspection at Me to re Met the completed work [o form with the approved plans antl specifications: Mat con will furnish Local reports and such Other information as the Federal grantor agency may require. B. It will Operate and maintain Me facility, In cordance with mem standards m may be required a pro- scribed by the applicable Federal, Stave and local agardes for to maintenance anand Seasonal of such facilities. ]. It will give me grantor agency and the Composite Gem oral through any Authorized representative accept to and the - riWlt As examine all islands, books, papery on documents related to me grant. S. It will (empire the facility to 4 revised of comply with Me "American Standard Specifications for Making Bulld - I,%end Fa slow Accessible to, and Usable by, free Phren. tally Handicapped,"Number Al 17. 1.1961, as modlfiN 141 CFP 1011]]031. The applicant will be responsible for conducting laboratory to insure compliance with Mme specifications by the contractors 9. it will cause work on the prosect to be cwnmer ad with in a made time attar receipt of notification from the Approving Federal agency that funds have been approved and that the project win ba prosecuted to council with 10' unable distance. It will not dlspme of ornumber Ice tine or What interests in the site and facilities during Me Period of Feb oral interest or Mtile the Government holds bonds, which 11 r is the longer. It will comply with Title VI of the Civil flights Act of 1986 IP. L. 883531 and in accordance with Title V I of that Ac[ no person In Me United States shall, on the pound of color. or national origin, be excluded from parfici re jorl n, be denied the benefits of, or be otherwise subjected t0 discrimination under any program or activity for when the Mylicant receives Federal financial appearance and will mmediatoy coke ray measure necessary As effectuate this agreement It any real property or structure thereon is pro. sided or improved wish the aid of regional Rnaaiil assn, ance [ended to Mas e Applicant, this surance Mail obli� note the Applicant, w I, the cam of any Vaster of such property, any hansferes, for Me period during which me el property Or structure is used for a purpose for which free Federal financial au tended or for another purpose Imolvine the pxv 'n of senior services or bene fire 13. It will establish safeguards to prohibit employees from sing their positions far a purpose met is or grace Me all pearance of being motivated by a Major flat private gain for themselves or omen, particularly Moss with whom May have folly, business, or other ties. 13. It will [amply with the requirements of Title II and Title III of the Uniform Palestinians Assistance and Heal Property Acquisitions Act of 1970 IP.L. 91-6461 which provides for fair and equitable treatment of perwns dis. placed as a result of Faderel and fndevally assleted pro grams. 14: N will comply with all requirements imposed by me Federal Warrior agency concerning special rtquinmems of law, orograrequireand other administrative re, qulremems approved in x< with Office of Manage. m n and Budget Circular Nu. Ato3. 15. It will comply with the provisions of Me Hath An whim limit me political acmity, of employees. 16. It will comply with the minimum wage and maximum hours therefore of the Federal Fair Labor Standards Ac[ as they apply to begone and educational Institution em playing of State and local governments. Fm Fein, vw-1w 16-111 weaasmca FAA PORI can10ewae 1 Taau 7 Pvpe6 OEPARTNBIT of TRANSPORTATION. FEOEaAt Avunon Aop NISYRAnox SPONSOR ASSURANCES 17. These covenants shell Eemme meectiw upon acceptance by the Sponsor of an one, of Federal aid fee the P,k,mt or y µortmn thereof, made by the FAA and shall ....Iileo ` .f the Grant Agnostics thus formed. thine ,moan. shall remain m fpu fa a ccs UNM throughout the useful life of On facilities aealapb undo, this Pmtea but i set no [sea twenty (20 . film thea to of said M t an one, of Federal vie fur th Proiere x. e, th siim n the au, once even dd e'atve thus thea against oexal exam," eights, Any breach of them anfivea the Sponsor may salt In the o ,miutio of. refusal to Vent Federal et code, PAA atlmmsbareln grams rieach .the, ea .which may Im nwesury to fa the ghts a the United States Ohne, We agreement 18. The Sponsor will Operate the Airport as such far One and Mmfit of the pulic. In f rthe a of this t (bat wliote iim"5I1y m gen 1 apphtebility aw II it tnd eneen° the Sponsor typetlfik'mdeegnd l mea of aeronautkal use o ftis mdaa .able without discrimination between such type k kinds, and .Irises. Precious; That the Sponse, tinyeslawsh such fair, equal. and not unfaatly dicrimina. conditions to be met by nnma [s of me Airport as may ben ry for the safe and eMcie ration of the Air- : And Provided Further, Thit theoperation m halt .r limb any given type, kind, o, class of aeronautics[ u of the Airport if such necessary for eM sate oyes of theAirportmm,wm, to nerve the civil avia- tion vl - tlon needs ( he pulic o 19. The SIM ... ,— 1. t for- bidden Eby Sectill not on 808(alnt or ofthe Federal AviationnAAct of 1958.(49 U.S.C. 1849ml) at the Airport, or at any ether airport now owned or conGoned by it. forms, and withoutwhlei discrimination. In fundwra e of thav¢[t (batwithoutlimiting generalapplicabilityd fittheSponsor speefalyol ats aid a¢ei a. norm tion and the p.r of all f ... liti the Airport, neither any m f` n.organization ncupyyi g apace or fac`liti stderm swill .par lass of personsure r. mL r owing, Pocono national %1 Airport.ss f me fa facilities provided for the me lit an he 10 to f ... i.h :old a a far equal, and n Unjustly ai,limmatnry basis m sR users reality` (R) be ehe.¢e 4ipi ",",aeble. Brad not unlustly, did- n' try es far ho t a,"is,;P ded, That th, contractor may be allowed 0 make Win. o [other similar types oft nnmdeeduct discount, sito Me or pant any right or Fair - to ,HIM Or raftovoany on theA,prrt4om per. s£t with it of united w mantenanh, and to perform. vumneor e Sponsor under the pan of such mbaechonob. 21. Nothing contained tore sell be c rved t pro h'brt the nnf Niton mat for the furnishing of wnav eHon rprodi antl supplies iae any m e of a noncommittal nature or m obligate the Spo ew, to furnish any particular n.naeronautical service at the Airport. d Are gnea that It will twmmade any other exclusive right conduct an mronmatiMl activity n Vn,e ontlse she Airport and AirwayhDe grant its 69e 20. The Sponsor agrees that it willa^ erste the Airport tae Od e use e benefit of the public, o reasonable fair and a. Opyr in the-e,porta aeronautical facilities when- Over required. In Pmmpay, marking and lighting interns resulting from port amOna, including temporary conditions, and e Promptly Mulling a of any ...dibon sneering ....... rival use of lbe .Airport FAA Farm 5100—I0p:u_76i Page 7 0 VARWMT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION , runwayAS. Ad mntml the 24. Inwfar ae it is within it Power and reasonable, the ion of mm wior oth nuintrc Ne azqmutiod, and tlght far the rise of land 11 m nr by the sanytlm aria enmm me rise III regulat azo .take a. restrict the of land Ml aw cptohe mmedla ° of he Airport a aormitiet evil d1 ending na t,keue lie a°m::airport rip an n. 2$. All facilities at the Airport damd"d with Faderal aid and all theft Me far the off of MIR, will he ",liiable to Me Unittd Ssaki tats atallgbond, lth- thereon [ e y g rafts with AID mf6`vtept Nat It 'he° a by glia`. raft 6 salami a awable share porno°drat each °v °f Ne act of memo" ne and m g fad FN vee; y bt enc rged. UMASS AS otherwise •determined by eMe FAA. ubeWneed lice oyes to mMl Sponsor and t ind agencyw con dered eo slat wean 0Rmood `m[°1 °n air v eft le oneof them whhicM1,the n m00 0 M° Ne `FAA, a te Ir momin, efrorere Tai use ,f 0, land in a by 'ne adN 'z cal di`neany calendar month Mat a. Pick (b) ar more government aircraft ve roadi hued at Ne airport o, on lend adprent Nveto; or In The tall number a maim `enG (eaunGngvea,h land- War and mg nand th kmff a ea) of a movmaAircraft is 300 or more, or tea goals mmmu- latFa w,ght of gortrnment aimmilt using the Airport F(the told mowmane of o overnmem aircraft Multiplied f lied by P`ra m0cht f whiunmigbsuch ,...raft) „ one eaa 27. wen v requested! by Ne FAA, the Sponsorwill fn nigh without clic I ve the Fed...Gornment. for m operation, and maintenance of facilities for air LnMa control a ether and °``hied b reporting controlsuch m of land °n weer este they right in build- Any `of the Spo a Me FAA m consider y an mbm far o, ataumlon at Federal `«°peat of:>:a `rto- ush p x, The mac amounts of u enc ine°a of the property interests annul, right:w required viii ne set forth in the cunt Agreement relating t the protect Sem a portion mere of will be made .liable mvidi °hem within a month, it tat writes request tram the FAA. 28. The port operator n will maintain a fro, d nto['t,"t... for the facilities and a "iftt.Ea lmif pact: nm - the ° which Al make the Air ins o airport under the umstm existing a she Air - seek " - eo ..`taring to ugh f a as the ,Tome t train, nc economy of collo : 29. The Sponsor ill Tweak the FAA ents 'Mucha Mal ;Pont,[11 airport financial and operation,, re be nobly ted Such . y be Submiteen farm, f,w Aul by,the FAA,, may be submitted in such ' me Stearns,tela° a lonpo. N. ria] at .man," iu n M1ed. Their°m enc an siVN:tt'rito la and anants affecting mAirIncludingL d n regMi;e anmore, fttru rangingu be made w,lable for in and aamt by the s:e¢tary ,ad lie Cm,mmier c.nminoof the unites Sucea m their duly authiciam reprefti ti ew n reasonable request. The Sponsor will fumiart'to tie FAA or the Generl A, F ORI.`, upon queap true copy of any such document 30. All p h adr mrd` "IT be keptIn Mraan will; ec ardom system of ,m nig f Me ...mm Ey the Swrm,y. j1. If at tcany time it i' determined b the FAA that them w any ,ine right or dem of His tI, As IV rhe Airport ? y1 e�rtY ,the Mae . forth .Part Il, ce of which spa. graphs tes an on. due risk of Interference the [the operation a the Airport or Me FrAftmi of thef N' Part, ttheclaim Sponsor will aryui extingrach.a modify such right 1 'm of right in a morin`. Admpmble to the FAA. 32. The Sponsor will not enter into any trama°tl° which would o .aft dm of a of theright and °pow .f,r `I f t. ode Therein, rile,, we line transaction ytall mKim n perform 11 a h a bat assumed by another public cO gets found by the FAA to b eligible v s the Act end Ress a e .ria 6.. Mtnl ca, tion` .ca her trry cut ali each power tii An ° a made for management operation of Ne Airport by anygroundse other than N Sponsor employeef Mn Sponsor, the Sponsor will ° °uM ie and authority t t un at theAfyport WiIll be operated ad maintained in Accordancewith theAo[ N Regulatmi antl them covenant. 33. Vnlen Me mi mmmiee required, all t said in Re there co edi t, whit m nen defimd in Ne Ate and Ne gu ga assigned t them therein. FAA Farm SM -10 A -_M) Page STANDARD. DOT TITLE VI ASSURANCES The (Name of Sponsor City of Bangor ) (hereinafter referred to as the sponsor AGREES 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 (herein- after referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regu- lations Department of Transportation, Subtitle A, Office of the Secretary,Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the 'Regulations") and other pertinent directives, to the end that in accordance 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 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically and without limitingg the above general assurance, the sponsor hereby gives aha following specific assurances with respect toADAP Project No. 6-23-0005-07 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "fa- cility") operated in compliance with all requirements im- posed by or pursuant to the Regulations. 2. That the sponsor shall insert the following noti- fication in all solicitations for bids for work or material subject to the Regulations and made in connection with ADAP Project No. and, in adapted form fn a proposa s for negotiate agree- ments: The (Name of Sponsor ___Urt ofs ), in accordance with Title o cgs o Rights or 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 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 on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 4. That where the sponsor receives Federal finan- cial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire fa- cility and facilities operated in connection therewith. 5. That where the sponsor receives Federal finan- cial assistance in the form, or for the 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 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 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, orreal 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 benei£ts, 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 grants, loans, contracts, property, discounts, or other Federal finan- cial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airport 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. 6-23-0005-07 The person or persons whose signa- turestures appear are authorized to sign this assurance on behalf of the sponsor. DATED Cit of Bangor_ onsor by gnature o Autc�,a, Peter R. ➢'Emco - Aoriznorized 0Yuger - 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. Co liance with Regulations. The contractor shall comply with one 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 perTc oi'rmed_Fy rt -during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Pro- curements 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 procurementsof materials or leases of equipment, each potential subcontractor or supplier shallbe 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 amts. The contractor shall provide a rn ormall f tion and 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 Aepulations, orders, and instructions. Where any information required of a contractor is in the exclu- - 4 - sive possession of another who fails or refuses Co furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appro- priate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Nonco liance. In the event of the contractor s noncomp lance , t the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to-- a'withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incox oration bf Provisions. The contractor shall. inc u: t et a p�ns OT paragraphs I 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, thecontractor 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 toprotect 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)£or. himself, hisheirs, 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, orotherwise 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 bean 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- ' uponrevertto and vest in and become the absoluate 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 thepremises 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 Sandand 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 Title VI of the Civil Rights Act of 1964. - 0 Included 1 ** Included 1 B PNGOfl, MINE EXHIBIT "A" Hoyle, Tanner& Assaciates,lnc. consulting engineers nAAT Manchester, New Hampshire August 1978