HomeMy WebLinkAbout1977-09-30 390 AE ORDER390 AS
Introduced by councilor Henderson, Sept. 30, 1997
(Special Meeting)
_ CITY OF BANGOR
(TITLE) Mrbg!y . Authorizing the City Manager to Execute'.^an A4 aMeNt
.
for Purposes of Providing for Airport Repairs and Expansions.
ay eAe der cw.wtNw aerwaPwo.;
ORDERED,
THAT WHEREAS, said Airport is in need of certain repairs
and expansions; and,
WHEREAS, the estimated cost of said projects is $960,000;
and,
WHEREAS, it has been proposed that the Federal Aviation'
Agency, the State Department of Transportation.and the City
participate in the cost of said project,
NOW THEREFORE, the City Council of. the City of Bangor
authorizes that the City. Manager is hereby authorized to
execute and deliver a joint participation agreement for said
project, a copy of which is. attached hereto and .made a part
thereof.
IN CITY COUNCIL L
September 30, 19T] (Speoi�lPNeeking)
Passed/:)
CITY CIFRr
f
390 AN
ORDER ('
Title,
Authorizing City Manager to S eeute
Agreement for Airport Repairs & F:pansions
Introduced end filed
• �• Councilman
I Page 1 of 9 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 -Offer
Date of Offer Sept rshee 29, 1977
ganger International Airport
Project No. 6-23 0005-06
Contract NO. FA -ANS -7I48
TO: city of Senate, Naive
(herein referred to as the "Sponsor')
FROM: The United States of America (acting through the Federal Aviation Administration, Intent
referred to as the "FAA')
WHEREAS, the Sponsor has submitted to the FAA a "Cot Application dated
septeebar 27, 1977 , for a grant of Federal funds for a project for develop
em of the Sanger International Airport (herein called
the "Airport'), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project') consisting of the followingdescribed airport development:
Acquire lead in both clear zone; and approach transitions Survey 15-33 (Approx.
47 acres); rehabilitate and Overlay general aviation Aircraft parking apron
(approx. 32,00o sy); rehabilitate and overlay access taxiway (1,5001 Is 50'):
install security fencing (appear. 3,600 LF); replace erinting airport beacon;
Llatall taxi guidance signs (approx. 22 ea.).
all ME More particularly Shaw an Pofi1bit "A" property map attached hereto and
in letter dated September 29, 1977, from Chief, engineering Branch, Airpot'ta
Division, all of which are incorporated herein by referance. -
Attached hereto and made a part hereof and dated September 27, 1977, Are the
assurances; given to the United States of ASSTica as a condition premedent to
federal assistance pursuant to Title 77 of the Civil eights Set of 1964
(P.L. 88-352).
FAA FORMA IVa rv. , Nu„I euvexssD" FAA FORM 1632 w. , PAGE I
Page 2 of 9 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airpo if
and Airway Development Act of 1990, as amended (49 U.S.C. 1701), and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances contained in said
Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits
to accrue to the United States and the public from theaccomplishment of the Project and the
operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD
NNISTRATION, 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 accomptisb og the
Project, 90 patent of such mate. .
This Offer is made on and subject to the following terms and conditions:
1. The maxirnum obligation of the United States payable under this Offer shall be
$ 414,000.
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 Ad of 1970, and Sections 152.51-
452.63 of the Regulations of the Federal Aviation Adminastratma (14 CFR 152) in
effect as of the date of acceptance of this Offer; which Regulations are hereinafter
referred to athe "Regulations";
(c) wry out and complete the Project in accordance with the plans and apecificatims
Rod property map, incorporated herein, As they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula-
tions.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 152.65 — 52.71 of the Regulations.
Final determination as to the allowability of the costs of me project will be made at the
time of the final grant payment pursuant to Section 152.71 of the Regulations: Provide I
that, in the event a semi-final grant payment is made pursuant to Section 152.71 of the
Regulations, final determination as to the allowability of those coats to which such semi-
final payment relates will be made at the time of such semi-final payment.
FAA FORM $100.13 DO.z n_nI SFeRSEDez PREVIOUS EDIT". PAGE
Page 3 of 9 pages
5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica-
tion incorporated herein and specifically covenants and agrees, in accordance with its
Assurance 4 i Part 111 of said Project Application, that in its operation and the operation
of all facilities thereof, neither it nor any person or organization occupying space or rattail -
tea thereon will disterimmata against any person or class of persons by reason of race, color,
creed or national origin to the use of any of the facilities provided for the public on the
airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its
acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Project unless this Offer has been accepted by the Sponsor on or before
September 30, 1977. or such subsequent date as may be prescribed in writing
by the FAA.
S. Mae, federal goverment does not nos plan or contemplate the construction
If my structures pursuant to Paragraph 27 of Part 9 - Sponsor's Assurances
of the Project Application dated September 27, 1977. and, therefore. it is
understood said agreed that the appeaser Is under no obligation to furnish
Guy moth are" or ristub soder this grant Agreement.
9. It Sa understood end agreed that the speneor will not submarine for bids
or permit the of the consttuctiea to he accounlashed under
tills project until Sinal plane .end specifications have been wtmttted to
and approved by FAM Further, _ sponsor Gill not initiate negotiations
for that property Ghich involves relocatiw and which U to he acquired
occur this project real a relooatiw plan hew been submitted to mad
approved by FAA.
10. It is understood and agreed that the lkited Sures Will not be obligated
to pay for the land interests Included ander the project description and
m show w Exhibit A. unless and until the sponsor hen submitted evidence
of fee title free Unit clear of all eveumb[ances deemed objectionable by
the FAA, or leaser property increases satisfactory to PAA.
U. It is understood ®d agreed that the existing use of the lead acquired
hereunder will not change unto the wvironmemtal. social,. and econovde
Impact of the change Is eweidered Used evaluated under the procedures
®d requirereeote of less thus in effect.
rnn FIRM .mwaFG. a I""i en.evev FAA Foes io: re .• PAGE
Page 4 of 9 pages
12.It is mut,ailly understood and agreed that, in addition, the sponsor
vitt incorporate or cause to be incorporated into any contract for c -
ruction work, or modification therea F, as defined in the regulations
of the Secretary of Labor at 41 CPR Chapter 60• which is paid for in
whole or in part walk funds obtained from the Federal Government o
wed
bor on thecreditof the Federal Government pursuant to a grant,
contract, loan, insurance, or guarantee, Or undertaken pursuant to any
Federal program involving Such grant, contract, loan insurance, or
guarantee the following Equal Opportunity clause.
During the performance of this contract, the contractor agrees as
fellows: -
(1) the contractor will not discriminate against any employee
or applicant for employment because of race, color, religion
national origin. IDs contractor will take affirms-
live
ffirm -
livenaction to a e that applicants are
employed, and the
employees are treated during employment without regard to
their race, color national origin. Such action
shad Include, but not be limited to the following:
Employment. upgrading, demotion, or transfer, recruitment
ofrecruitment advertising; layoff or termination, rates
pay or other forms of compensation, and selection for
raining, including apprentiseahlp. The contractor agrees
to post in conspicuous places, available to employees and
applicants for employment, notice¢ to be provided setting
forth the provisions of this nondiscrimination clause.
(2)
(1)
Tae 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 asidera-
tlen foremploymentwithout regard to race. color, religion,
sax or national origin.
Time contractor will vend to each labor union or r,presen-
tative tar workers wick which he ling a collective bargaining
ngr,• v[ orothcor
either contract o understanding. notice to
be provided admitting the said labor union or orkers'
representatives of the contractor'snmmitme.ts under this
section. amt shall Past copies of time n.otice In conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions Of Executive
Order 11246 of September 24, 1965, and of the rules, regu-
lations, amid relevant orders of the Secretary of Labor.
Page 5 of 9 pages
(5) The contractor
actor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965,.
and by rules, regulations, and orders of the Secretary
of Labor, or Pursuant therefor, and will permit access
to his hooka, records, and accounts by the administering
agency and the Secretary of labor for purposes of tnv s
tigatiun to ascertain compliance with even rules,
regulations, avul orders.
(6) In the event of the contractor'sa
complian with the
nondiscrimination clovers of this contract or with any
of the said rules, regulations, osorders, this contract
may be cancelled. terminated, o ss
suspended is whole a
In Part and the contractor may' be declared ineligible
for further government c acts or federally assisted
construction contracts So ac ordance with procedures
authorized in executive Order 11246 of September 24, 1965,
and such other sanctions nay be imposed and remedies lm-
Yoked as provided in executive Order 11246 of September
24, 1965, or by rule, regulation, ororder of the
Secretary of labor, or as Otherwise provided by law.
(7) The contractor will Include the portion of thew
Immediately preceding paragraph (1) and the provisions
Of Paragraphs (1) through (2) Inery subcontract o
Purchase order unless exempted by rules, regulations,
or orders of the Secretary of labor issued pursuant to
Section 204 of Executive Order 11246 of September 24,
1965, co that such provisions will be binding upon each
subcontractor or vendor. Shp contractor will take such
action with respect to a" subcontract or purchase order
s the administering agevey may direct as a means
of
enforcing each provisions, Including s ctionsfor
noncomplIancez Provided, however, that in the event a
subcontractor becamea involved In, or threatened with
litigation with a subcontractor or vendor a result of
such direction by the administering agency, thec actor
may request the United States to anter Into ouch litl-
gacian to protect the Interests of the United States.
The spomeer further agrees that It will be bound by the above equal
Opportunity clause with respect to its nun employment. practices when it
Participates; in federally assisted construction seek: Provided, that if
the applicant so Participating is a State or local government, the above
Equal opportunity clause is not applicable to any agency, Instrumentality
subdivision of such. government which does not participate in work a
or under the contract. -
Page 6 of Single
13.1he sponsor agrees that It will assist andcooperate actively with the
administering agency and the Secreta" of Labor In obtaining the eompli-
aof aontrucanro and subcontractors with the Equal Opportunity clause
and the mise, 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 supervision of
such compliance, and that It will otherwise assist theadministering
agency, in the discharge of the agency's primary responsibility for
securing dawlfance.
14 She sponsor further agrees that it will refrain From entering into any
entracte orconbrete modification subject to Executive Order 11246 of
September 24, 1965, with s ontractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry
Out such sanctions and penalties for violation of the Equal Opportunity
clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secrete" of Labor pursuant to part III,
Subpart D Of the Executive Order. In addition, the sponsor agrees that
If it fails or refuses to comply with these undertakings, the admtnintex-
ing agency may take any orall of the following actions: Cancel, terminate,
or suspend in whole or In Part this grant (contract, loan, insurance
guarantee): refrain from extending any further assistance to the sponsor
under the program with respect to which the failure Orrefund occurred
s
until satisfactory assurance offuturecompliance has been received from
the sponsor; or refer the case to the Department of Justice for appro-
priate legal proceedings.
-15 Tt Is understood end agreed that an State or local government shall
impose affirmative action hiring and/or training requirements on federally.
assisted constructionalready subject to Federal minority hiring and/or
training plans established pursuant to Order of the Director oc pederal
Contractor Compliance except as provided In Regulations appearing at
41 CFR 60-1.4(b)(2).
16 It is mttually-understood and agreed that the sponsor will sew a copy
Of all invitations for bids, advertised or negotiated, for concessions
or other businesses at the airport to the appropriate Office a4 Minority
Rusineas Enterprise (ovEM representative as identified by the FM
Regional CivilRightsOffice. 'tine sponsor will disclose and make infor-
mation about the contracts, contracting procedures and requirements avail-
able to the designated OAOE representative and minority firms on the same
build that such information Is disclosed and made available to other.
organisations or firma. Responses by minority firms to Invitations for
bide shall be treated in the same summerall other responses to the
Invitations for bide.
Page t of 9 pages
17. It is understood and agreed that no part of the Federal share
of an airport development project for which a grant is made
Order the Airport and Airway Development Act of 1970, as
mended (49 U.S.C. 1701 at. sen.), or under the Federal Airport
Act. as amended (49 U.E.C. li01 at. seq.), shall be included in
the rata base in best lishing fees, rates, and chargee for user
Of theAirport.
18. This project and all work performed thereunder is subject to the
Clean Air Act add the Federal Water Pollution Control Act. Accordingly,
a) The sponsor hereby stipulates that any facility to be
utilized in performance under the grant or to benefit
fano The grant is not listed on the EPA List of Violating -
Facilities.
b) She sponsor agrees to comply with all of the requirements of
Section 114 of the Clean Air Act and Section 508 of the
Federal Water Pollution Control Act and all regulations
issued thereunder.
c) The sponsor shall notify the FAA of the receipt of any
urtication from the EPA indicating that a facility to
be utilized for performance of or benefit from the grant
1s under consideration to be listed on the EPA List of
Violating Facilities.
d) The sponsor agrees that he will include or cause to be
Included in any contract arsubcontract under the grant
which exceeds $100,000 the criteria and requirements in
these subparagraphs (a) through (d).
19.Assurance Number 18 of Part v of .the project application Incorporated
herein Is amended by including at the eW of the second sentence the
.following language:
"incl Wing the requirement that (A) each air carrier,
authorized to engage directly In air transportation
Outsmart to Section 401 or 402 of the Federal Aviation
Act of 1958, using such airport shall be subject to -
nondiscriminatory 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 clasaifications
such as tenants or anatomists, and combined passenger and
ergo flights or all cargo flights, and such classifica-
tion or
statue as:.tevnnt shall not be unreasonably withheld
by any sponsor provided an air carrier examines obligations
Page 8 of 9 pages
substantially similar to those already impoand on termat
air carriers, and (H) each fixed -based operator using a
general aviation airport shall be subject to the same
rates, fees,. rentals, and other charges a uniformly
applicable to all other filed -based operators making the mass
Or similar uses of such airport utilizing the s or
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 rut
require the ref0[maClou of any lease or other contract
entered ince by a sponsor before July 1, 1915."-
20.7he sponsor covenants and agrees that it will provide on the airport,
without cost. adequate land or other space satisfactory t0 the FAA
for the purpose of parking all official PAA vehicle. including
privately -owned vehicles when need on PAA business necessary for the
maintenance and operation of PAA 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 PAA, which shall meet the following requlrementst
Parking shall be no lees desirable than that provided employees of
sponsor and parking shall be within ares sonable distance of the
facility to Mich the PM is asalgned.
21.11e grantee agrees to effectuate the purposes of Section 30 of the
Airport and Airway revelopment Act of 1910, as
amended, by assuring
that minority business enterprises shall have the awnings opportunity
to participate in the performance of contracts financed in Mole or
is part with federal funds provided under this agreement. For the
Purposes of this provision, "minority business enterprise" same
a business enterprise that Is awned by, or is controlled by, a
socially or economically disadvantaged person or persons, Such
disadvantage may arise from cultural, racial'. religious, sex
national origin, chronic economic cirtumeteecea or background o
otber similar cause. Such persons may Include, but are
not limited
t0, Bloc" tot of Hispanic origin; persona of Hispanic origin,
seines or Pacific Islanders; American Indians. and Alaskan natives.'
Grantee further agrees to comply with such regulations as may be
issued by the Federal Aviation Administration to Implement Section
30 of the Oct.
9
Page$ of 9 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shag be evidenced by execution of this instrument by the Sponsor, as herein-
after provided, and said Offer and Acceptance shag comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 1970, 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 acceptance.
UNITED STATES OF AMERICA
FEDE L AVIATION MI TRA ION
B .char TP) ( ITLE✓� 1
Hee TP)
Region
ViShilil
Part II -Acceptance
The may of genger. ?tame does hereby ratify and adopt all statements,
representations, warranties, covenants, told agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance 1a__g`r`ees to all of the terms and conditions thereof.
Executed this.....P4. ._.....day of....... ..°J.�19'�..........., 1927.,
.......... C1,(g.oA Awwx...............
pouter)
By..............: ............ .........
(SEAL)
Title.__.... CdiP. r ..................
Attest:..(4,c�a-..Lolafvh.R.
Title:...... aW.aerE. _............ ........
CERT�IF �C//�TEF
�SP-0}yV}�OA AT ORNEY
I,....✓`:.✓.fJ.^.`.".'^.!.(1........_, cling as Attorney for. City. of.. ........,
(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 auth.
orized and that the execution thereof Is in all respects due and proper and is accordance with the
laws of the State of.. Beim ........... .......... and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof. a� //f�,n _'k
Dated atr`-^y�"`f. !...a:G.._this.3.0._. day of ..... ... ... ..._V"` 192]..
W_4 &_ .
Th19� 41ty. sp}icipita...............
DUN AwGWI Ell. NEAMOSE
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Development
• Peter R. O'Ir ricoy Airport Manager
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DVkFml1dT OF TRANSPORTATION - FEDERAL AVIA90M ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other Priority rating?
_Yea x_No
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Name of Gave.ning
Priority Raring _
Name of Agency or
_Yes X No (Attach Daamentation)
Item 3.
Does this assistance request require cbsaringFovsereview (Anoah Comments)
in accordance with OMB Circular A451
XYes _No
Item -
Dees this assistance request require State, local, Name of Approving Agency
regional or ether planning approwsl? Data
_Yes X. No
Item 5.
Is due proposed project cove..d by an approved Check on= Slate CM State System Plan
comprehensive plan? Local (n Airport Master Plan
Regional ❑
Yes NoLocation of plan DOT FAA Bnrlinaemn Mass
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? YesX No Fedewl Papulation 6endiling from Project
Item?.
Will the assistance requested be on Federal land Name of Federal Installation
or installation? Location of Federal Land
_Yes_XNo Percent of Project
Item 8.
Will she asci stance requested taus an Impoct or effect
an she mNranmens?
_Yes Y_No
See instruction for additional information to be
provided.
Item 9. Number of:
Will the assistance requested cause she displacement of Individuals ---
individualsfamilies, businesses, or forms? Families 1 _ Renting Tenant
Businesses
Ir v_, a_ Farms -
is there other related Federal assistance on this
project preKaae, pending, or anticipated?
See instructions far add tional information to 6e
p.neided.
_Yes X_No
FAA Fear SILO -IW Iz Face 2
ATTACHMENT
APPLICATION FOR FEDERAL ASSISTANCE
Acquire land for Runway 15-33 Clear Zones and Runway 33
Approach Transition Zone by fee title purchase; Install.
approximately 3,600 L.F. of Security Fencing with Gates;
Replace existing Rotating Beacon; Install approximately
22 new Taxiway Guidance Signs; and Rehabilitate and Mark
General Aviation Apron (approximately 400' x 700') and
Access Taxilane.
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
IJ2SY�1! aFIRCYYOld
Item 3. Clearinghouse action required through State
Planning Office, Executive Department, State
of Maine and Penobscot Valley Regional Plan-
ning Commission. Responses have been pre-
viously submitted,
Item 5. This project is consistent with the Maine
State System Plan (in progress) and the Air-
port Master Plan (June, 1973), both on file
with FAA.
2a.
PART II - SECTION B
U.
SITES AND IMPROVEMENTS: iYst required, X Attached as exhibits
APolicallt inleNs to acquire too site dimigic See Exhibit "A"
_ Eminent domain, X Negotiated NrWse, Of* means (specify)
12.
TITLE OR OTHER INTEREST IN THE SUE IS OR WILL BE VESTED IN:
X Applicant, Agency or institution operating the facility, Oiler (Parr i(yl
13.
INDICATE WHETHER APPLICANT/OPERATOR HAS:
X Fee atmple title IsaseMW interest. ONa(spesi(y)
A licant v».11 ac vire feeai le tixle era lands under clear zones.
Ia.
IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION:
a Length of lease or other estate interest and number ad years to run
I. Is leau repari _ Yes No
C. Domain transient value at ISM S
d Annual Real rale S Not Applicable
15.
ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICAN (OPERATOR HAS IN THE
SITE ANO CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID.On File with FAA
16.
WHERE APPLICABLE ATTACH SITE SURVEY, SOIL INVE91GATION REPORTS AND COPIES OF LAND APPRAISALS.
IT.
WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE
TOPOGRAPHY. N/A
18.
ATTACHPLOTPIA Fxbih i- "All AttnerbPA
19.
CONRRUCTION SCHEDULE ESTMATEY y Not required, Being prepared,— Attached as enhibita
Percentage of completion of drawings aid specifications at application tlae
SchemaliaIon Preliminary 10 % Foal_:
N.
TARGET OATES FOR:
BN Ativalisement taet,..e.y 15 lo77 Contract Award April 15 1978
Comshuclion Comietion Ano.et 15 192R Occupancy Gaprum6w+ 1^197R
2L
DESCRIPTION OF FACILITY. Hot required X AtticM1ef as exhibits
Draxings-AND h any drawings which will assist In describing the project. See preliminary construction plan
Specifications - Attach copies of mmpleled mullion specifications.. to be indmitlted under separate
IN duwirgs add Specifications have nN bean Tully caln]leletl, please attach cop cover ;Skioredrawings that have been complest
Sam; ITEMS AM THIS MIST AMC 111�411AMIIAMSMY TRINKFERS, AT MSTRUCTIONS ARM ARMY10c),
FAA Fenn SIM10 rsxT SUPErtsocS FAA ram Simon) PRESS r Txam 7 Pvge 3
PART II - SECTION C
Me Sponsor hereby represents and certifies as follOV :
1.. Compatible Land Use. --The Sponsor has tAen.tbe following actions
to assure compatible usage of land adjacent to or in the vicinity of the
airport: - -
See the completed "Airport Master Plan' for Bangor
International Airport for she specific Land Use re-
commendations adjacent to the airport. Nester Plan'
on file. at FAA. - I '
2. Defauite.--The Sponsor is not in default on ary obligation to the
United States or any agency of the United States Government relative to the
development, operation, or maintgrease of any airport, except es stated
herewith: - -
None. - - - -
3. Possible Disabilities. --There are no facts or circumstances
(including the existence of effective or proposed leases, weagreements
or other legal instruments affecting use of the Airport or the existence
of pending litigation or other legal proceedings) which in reasonable
probability might make it impossible for the Sponsor to carry out and
complete the Project or carry Pat the provisionsofPart v of this
Application, either by limiting its legal or financial ability or otherwise,
except as follows:
None,
k. land.—(a) The Sponsor holds the following property interest in
the following areas of land* which are to be developed or used as part of
or in connection with the Airport, subject to the following exceptions,
encumbrances, and adverse interests, all of Which areas are identified on
the aforementioned property map designated as Exhibit "A":
Fee Simple. Title to all property shown within the Airportproperty line, except
for certain portions devoted to State of'Haine, Army. and. Air National Guard use.
Rotating beacon is presently owned by City: of Bangor, but is mounted on water
storage tank owned by the BangorWaterDistrict. The City has retained the rights
to the beacon, to all fixtures, equipment, facilities age appurtenances necessary
to operate said beacon, and to r arable access to said beacon. No part of
this project will be n Guard Property.
*State character of property interest in each area and list end identify
for each all exceptions, enervnbrances, and adverse interests of every kind
and Curare, including liens, easements, leases, etc. -The separate areas of
land need only be identified here by the area numbers shown on the property
map.
Page 3a
The Sponsor further certifies that the above is be -ed an a title examination
by a auali£iad attorney or title company and that such attorney or title
company has determinN that the Sponsor holds the above property interests.
.(b) The Sponsor will acquire within a restorable time, but in any
event prior to the start of any construction. work. under the project, -
followsg property interest in the fallowing areas of laid* an which such;
c=bractdon work is to be performed, All of which areas are identified
on the aforementioned property map designated as ET bjt "A":
None The Sponsor now owns fee simple title in all
property upon which the proposed project im-
provements are to be constructed.
(c) The Spmisor will acquire within a reasonable time, and if
feasible prior to the completion of all construction work under the pxoject,
the following property interest in the following areas of land* which are
to bedevelopedor used aspart of or in cannection with the Airport as it
will be upon completion of the project, all Of which areas are identified
on the aforementioned property map designated as Exhibit "A".
Areas "A" and "B" as shown on 'Exhibit "A", Are ."C"
was acquired, by the Sponsor in 1971.
$. Exclusive Rights. --There is no grant of an exclusiveght for the
conduct of say aeronautical activity at say airport Owned ox controlled
the Sponsor by
p sox sweep{ as follows:
None. -
+5 lur ter o. property interest in each axes and list and Iden 115_
for each all exceptions, anaambrancesP and adverse interests of every gird -
and nature, including liens, easesents, leases, etc. The separate areas
Of land need only be identified here by the area numbers shown on the
property map. ,.
Page jb
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No.. ; .......... 20.102 '
2. Functional or Other Breckaut ...................
- SECTION B - CALCULATION OF FEDERAL GRANT
cAacl...ur.,i..
u...et For .a.i.rA.A
T...r
R.q.qn.d
Lane Aup,...e
n.....
A4i..'.
1. Admimstralipn expense
5 -
S
S
L Frelimian enpentt 1971 Acquisition of Area '
Ga
22 400.00
3.. Land}NvtivxgzgbCldasuSc
62, 500.00
4. Architectural engineering basic tees
20, 000.00
S. Other mchilectural engineering feet General Supervisi
n
4,000.00
I. Piqua inspection lees
3,500.00
2. LandAittlipl gl surveys -
6,000.00
8 ��ta>oxx Land Eng., Appraisals
'14 100.00
4 Relocuim isymants to 0dividuals and Businesses
3,000.00
1dSoils Investigations
500.00
if. Construction ad proied improvement
279, 050.00
1%lipasss" Force Account Surveys
1,000.00
13. Nsctllaneous Control of Materials and
2,900.00
14. Total (Lirms I thrp b 13)
421,450.00
15. Estimated lnmme(if applicable)
IN. Net Project Amomt (Line 14 minus 15)
421, 450.00
O. less Ineligible Excitation
- -
18. Ada Contingencies
38,550.00
19. Total smiled Ams. (Excluding Rehabilitation Grants)
460,000.00
M Fedeal Share requested of Use 19 -
414,000.00
21. Add RehaNlitmion Grams Requested (100 Percent)
---
V. Total Formal gram iemested (Lines 211 8 21)
414 000.00
11 Games share
22,400.00
24. OtMr abara
23, 600.00
25. Tots project ties 2Z n & 24
Is
3
5460,000:00
FM FAA 510].1W u
P
* Grantee shall incur the total Non -Federal share if State funds
do not _become available. _
DEPARTMENT OF TRANSPORTATON. FEDERAL AVIATION ADMINISTRATION
SECTION C — EXCLUSIONS
25
Cl ... Aleer:m
"
Inel:pibY lu
Perrisipw:en
In
E.dWea Inm
Cur:ryemv pre.:a:en.
L
SECTION D — PROPOSED METHOD OF FINANCING NON—FEDERAL SHARE
21
Omntee Stare
S '22
400.00 "-
_
a. Securities
'
D. Midgams
L APDmpfigions(OY AVolieaiN
it. Bonds
I. Tem Levies
t NO cash
ol6a(ExpIw01971 Purchase of
A N 33 Approach Transition Zone
22
400,00
I. TOTAL-OmnneShil
22
400.00
28.
Other Shams
aslate (See Note Pae 4)
23
600.00
e. oiler
L Total Other Slaves
91
6f)(LOO
fl.
TOTAL - -
S.
0 Do
SECTION E — REMARKS
" PART IV PR
_
ATTACHMENT
APPLICATION FOR FEDERAL ASSISTANCE
Acquire land for Runway 15-33 Clear Zones and Runway 33
Approach Transition Zone by fee title purchase; Install
approximately 3,600 L.F. of Security Fencing with Gates;
Replace existing Rotating Beacon; Install approximately
22 new Taxiway guidance Signs; and Rehabilitate and Mark
General Aviation Apron (approximately 400' x 700') and
Access Taxilane.
BANGOR INTERNATIONAL AIRPORT
BANGOR, NAINE
PART IV - PROGRAM NARRATIVE
1. General
The, proposed projects will be located at Bangor Inter-
national Airport, Bangor, Maine. The Airport was the
former Dow Air Force Base, which was closed and turned
over to the City of Bangor in 1968/69. The heavy duty
runway, taxiway and apron facilities can accommodate
any size civilian or military aircraft. The airport
presently serves domestic and international air carriers
as well as general aviation traffic. Units of the U.S.
A.P. Air Defense Command and the Maine Army and Air
National Guard use the runway taxiway facilities at
Bangor International Airport from separate areas adja-
cent tothe airport property.
2. Objectives
One purpose of this project will be to control the use
of land adjacent to the airport by purchase thereby
precluding the construction of obstructions that would
violate the approach zones to Runway 15-33. In parti-
cular, the acquisition of land Area "A" as shown on
Exhibit "A" will provide land for the future construc-
tion of an approach lighting system inaddition to the
affording protection to the Runway 15 Clear Zone. Area
PART IV - PROGRAM NARRATIVE (continued)
"A" is approximately 27 acres and affects some 7 parcels
located in the Town of Berman, Maine.
The proposed acquisition in the Runway 33 Clear Zone
Area "B", involves two parcels of land. One parcel has
an area of approximately 11.81 acres and is presently
undeveloped. This parcel is a portion of a larger
parcel upon which a motel has been erected. It is ex-
pected that the acquired parcel will be leased back to
the Motel owner for use as a parking area.
The second parcel has an area of approximately 2.51
acres and has been improved with a single Family, one-
story,, framed residence. The present owner is not the
occupant. The present occupants are tenants to the
landlord owner. Relocation of tenants will be necessary.
Area "C" was acquired by the City of Bangor in 1971 to
protect the Approach Transition Zone to Runway 33. The
City is applying for retroactive participation in the
acquisition.
Both the contemplated new acquisition in the Runway 15
Clear Zone, ARea "A", and the previously accomplished
acquisition adjacent to the Runway 33 approach transi-
tion zone, involve undeveloped land. No buildings are
involved; thus, no persons or businesses will be, or
have been, displaced. All acquisitions are deemed
necessary to comply with Federal Aviation Administration
guidelines and/or requirements, to permit the City to
properly control obstructions to air navigation, and
to foster compatible land use in the immediate airport
vicinity.
Other purposes of their project is as Follows:
a. To provide for the completion of the security
enclosure around the ramp and apron areae of
the airport by the installation of approximately
3,600 linear feet of security fencing, includ-
ing automatic coded controlled access through
the existing security fence.
b. To provide greater safety to aviators by
replacing an old military type rotating beacon
with a new rotating beacon. The old beacon
PART IV. PROGRAM NARRATIVE (continued)
has deteriorated to become unreliable. Re-
placement parts are no longer available and
new parts must be field modified to fit the
old beacon.
C. To alleviate confusion among personnel operat-
ting aircraft and emergency vehicles within
the Runway -Taxiway system and to facilitate
direction of traffic to the major areas of the
airport by the installation of approximately
22 Taxiway Guidance Signs.
d. To provide for the rehabilitation of the pre-
sent General Aviation Apron (approximately 900'
x 700') and Access Taxilane (1,500' x 501).
This ramp serves the general aviation activity of Bangor
International Airport remotely from the Domestic and
International Terminal Area. The Apron is utilized
by a wide range business and general aviation aircraft.
Surface deterioration of the present pavement is preve-
lant. Reflective joint cracking requires routing and
sealing.
Rehabilitation of the present Apron pavement is pro-
posed by bituminous concrete overlay together with crack
repair, pavement sealing and some reconstruction of
existing surface course. The completed facilities will
be painted with appropriate markings to provide control
and direction to general aviation traffic. -
3. Project Approach
The project will be engineered and scheduled to cause the
least disruption to airport operation and safety. All
airport project work and the manner in which it is to be
carried out will be in accordance with applicable FAA
rules, regulations and guidelines.
The anticipated project schedule is as follows:
Construction Projects
a. Submit application for Federal and State as-
sistance on September 27, 1977, based on Pre-
liminary (30%) Project Plans.
PART IV. - PROGRAM NARRATIVE (continued)
b. Upon acceptance of a grant offer, complete
plans and specifications for construction pro-
jects in time to advertise for bids on February
15, 1978.
c. Accept bids by March 15, and award contracts by
April 15, 1978.
d. Complete construction of all projects by August
15, 1978.
land Acquisition
a. Upon acceptance of a grant offer, proceed with
completing property surveys of the areas to be
acquired by November 15, 1977.
b. Complete appraisals of areas to be acquired
by December 15, 1977.
c. Proceed with negotiations to purchase following
completion of appraisals.
d. Complete negotiations and acquisition by August
15, 1978.
OEYARi1.1QR OF TRANSPORTATION - PEOERAL AVIATION ADMINISTRATION
PART V
ASSURANCES
The applicant hereby Graires and wnlfies Nat he will comply with Ne requlations, policies, guidelines and requir ente.
including ORa of Management and Budget Circulars Nae A"BT,A-95, and A-101, n they relate to Ne application,
aceolance and use of Fedenl funds for this federallyon,sted project Alto, the applicant gives assurance and certifies wish
respect to fie grant that:
1. It poseurs legal authority t0 apply for the grant, and To
lmarca aM orons ma the proposed facilities; Mat a resold
don. motion 0, Similar action has been duly adapted o
Passed As an Official Act Of the applicant's governing body,
armarizing Me filing of the application, including all under
standings and i contained therein, and directing
antl authorizing thepersonidentified As the official repro
of Ne applicant to with Ne
ati Cation and to provide such additional nformation as
may be required
2. It will comply with the provisions of: Executive Omer
11296, relating to walunfon Of flood hazards, and Exam"
five Ondm 11286, relating to the prevention, consul, and
abate ant of water pollution.
A It m"II have sufficient funds available m meet the nom
Federal share Of the cost for construscuon projects. Suffi"
cient funds will be available when construction is com
pletsd m Woure effective operation and maintenance of the
facility for the purposes constructed.
6. It will cbVin approval by the appropriate Federal
Agency N Ne final working drawings and specificrtiom be
fore the project is assonant or placed an Ne ni for
bidding; tet it will construct Ne project, or cause it to be
Sometimes, m final completion in accordance wish the
application and approved plans and speclfiratians; Mat It
will submit to Ne appropriate FMISS All for prior GA.
proval Manges that alter Ne costs Of Me project, use Of
Space r functional kgouC Mat it will not enter into a
commuccion contract(s) for the protect or undertake offer
Morin" until Ne canditiom of the construction gam pro -
greens) have been merL
5. It will provide and maintain competent and associate
archismunk engineering m"arvison and inspection at Me
conamuctim a" to insure that me completed work con-
form completedth me approved plans and spacifirnrons; mat it
will furn'W program reports and such ether information as
The Federal grantor agency may rea .
6. It will operate and maintain me facility Inaccorthembe
vnm Nem m Standards a may be required or pr
mibed by Me applicable Foram, State and local agencim
for me mato arca and operation of such fxiliesel
). It will give Ne grantor raency and the Comptroller Gem
mal NradgY any authorized reemeterfanive access to and Ne
Fight m a8 documentsrecords, books,, papers. or documents
integral TO e grant
E. It will r im Ne facility to be desigMd t0 comply with
Me 'Wmericen Standard Specifications for Making Build-
ings and Goodman Automobile to, and Usable by. me Phyd-
cally Handicapped. " Number At 17.1-1961, as modified 161
CFR 101-17.7031. The applicant will be ramonpble for
conducting inspecffins to insure compliance with thus
specil"rcations by tris contractor.
9. It will cause work on the project m be commenced with-
in a nomonable time after receipt of notification from the
approving Federal agency Nat funds have been approved
And that the project will be prosecmed to completion with
reasonable diligence.
10. It will not dismiss of or encumber its title or other
interests in Ne site and frcilifies during the period of Feb.
oat interest or while the Government holds bonds, which"
war is Ne longer.
11. It will comply with Title VI of the Civil Rights Act of
1966 W.L. 6&3521 and in accordance wish Title VI of that
Act, no Perron in Ne United States shall, on Ne ground of
colornational origin, be excluded from panicipa-
n, Wdomed Me benefits of, ar be otherwise subjected
m diurimin nkm under any program or Activity for which
Me applicant receives financialFederalfinancial mrstsbance
And will
immediately takeany m necessary toaHactuaw this
agreement If any real property or structure thereon is pro -
video or improved with the aid of Federal financial amtr
lance tended to the AppliearL this assurance shall obli.
gets meApplicant, or in the case of 2m transfer of such
Property, any 4ansferese, for Ne period during which Ne
sal property orstructure is
used for a purpose for which
Ne Federal financiala extended or for another
purpose Involving the pm'visbof similar services or beref
fin
12. It will establish Safeguards to prohibit employees from
doing their position for a purpose that is of gives the ap.
pearance of being motivated by a desire for private gain for
themseves tt amers, particularly those wish whom they
have Tandy, Wsinau, or other ties.
13. It will comply wish me requirements of Tide II and
Title 111 of me Uniform Relocation Assistance and Heal
Property Acquisitions Act of 1920 IP.L. 91{651 which
p ides for fair and ewitoo a treatment of Persons dos
pieced as a moult of Federal and fedanny alined pre
grams.
16. It will comply with antl requinmenta imposed by me
Federal grantor Mumadyconcerningspecial requirements of
law, program requiremo
rim and mer administrative to
quir sapproved ins with Office of Manage-
ment
anage.
m ens Budget Circular Nal A-102.
15. It will comply with the provisions of me Hatch Act
which limit me political activity of ampbyM4
16. It will comply with the minimum wage and maximum
hours provisions of me Federal Fair Labof Standards Att.
as thay apply so horkital and educational institution em
ployen of Sow and local governments.
Fere $10(.100 IRIS wveaseoEs FAA FORK amino PAGES I TARS z
page 6
17.'1Twe cm'mants shall become vacation upon temperate
by the terrier of an oder of Fed mal old for 6a Pmjat ar
any Wrt:ou thereof. mode he site FAA a d shall constitute
A pact of the Grant Agreement thus formed. These ncnnnts
shall renown in full farce and eR•Y, throughout the useful
tis of the facilities dbmIop-d order this project, bio! in urs
crime not ,a reed twenty $20) seers !ram the data aLsad
acceptance of n office of Federal aid for Ne ProiOct. Row.
else, these limitations on the donn n' ve o
Out apply we the comment spot exclusive rights. AI
breach of been seminars on the Part t Lha SVoaaor may
much: in the suspension we term IN f, o nfuaal ro
grant Fede -al assistance under, FA5 atlminkterM VmRoma,
or each other ache, which may It nsSsI ry to ow were, t%s
rlgktr of the United States. ender Nis altae:emt
18. Tie Sponsor will opens the Airport as dud: foe the use
Ina haneEx of the public. !n £urdwranre f Ni, vena t
(bat ithaut pinions iia general it Aidblity and I s
N Spe r apes. unlit ,ssa Nat it wit ke_P tiie AlrI an
fair cid r typreasonable
le Ind aaaem of seminan$ et
witharta n unable tams s. Pro dad;discriminationatth, between
such rypb, kinds. d ,asses. Provided; That Ne Sponsor
my rimimi-
torr eandltims, o blish such 0 met Ly alit user, of Nit not e Airport as may
be mammary. for the safe Intl eRinerat operation of the pA
nort; And Poteitld Further, That the Sponsor may pro-
hibit or limit any Sven type, kind or to,, of ae:avutical
use Of thus Airport if such ,coon is necessary for the safe
epen5on of the Airport or necessary to serve the area role -
Cars needs Of the Same.
-19. The Spanaor- ,
Wil act Snot or permit car'wdusiva right for,
Waco by Section Socia) of fie Federal Aviation Act of
airport nneote Owned or controlledaby Airport, or at rens other
of its FAA
under ba thi, co co that,
hs z l4 anlevrance of me auNmu d by policy
Admiyihi
r, m will 04 anther directly or hedhattlr, Rant or per-
mit any Verson, arm Or wisommin the exclusive right at
Ne Airport, or at any Other airport now owned or
to conduct Inv wromautical
cn.
luster, r, hot at heated to cAnrt¢ dighte. pilot training.
waft rental and sightseeing. aerial photography, asp
dancing, aerial aavertiamir ami-
emitting.ad muring, air matter op-
emitg, atrmft sales and sections, sale of nviaNen Petro -
loam proaw6 whether or
not conducted in conjunction
other they "$awl otivity,repairand maintenance
of aircraft, sale of aircraft Par". and any other corridor
which because of chair direct relationship to the operation
of aircraft tan be regarded as an aen:uutisi moivioy.
4. Sgno that it will terminate any extreme Inclusive
rights to geantd before Jul, age in ol'. 1962,sale oatgsuch an atimoor; aor t the
.earliest rznewal, cmcellw1m, or ezPira!irn date applicable
b Lk agreement that established Net Inclusive right: and
d. Aga:, that It will terminate any other exduaren
right o omlir ,uhc,l a,lviti n existingat
ch an aim rtbelow Ne grant of any assistance under
Ne Airport mail Airway Dmelnpment A[t
2D. T.he Spa Nat it will operate the Airport for
the u_ and t;nen[v of the public, an fair and reasonable
PAA Form 5100-100
Terms, and without unjust alacrimmaean. In furtherance of
the staccatos rout whhnat ren#mg ib Open' apPC:wl ivty
and effect), the Sponsor specifically incenanss eml owes:
a. That in its openHan and the operation of III fnalities
on the Airport. neither it nor any $,Oman or
aavyinre
g apace are facilities thereon Bill di.ern'te
in ,
actainst any parson or class of parent bg reason of race.
eoWq cm,), ar national or n the use of any of the
facilities providedfor &.a public an the AGpart.
b. Thus in any ageen.mL coadm L leasa. or other at -
parliament motor which a right at privilege at the Airport
is granted w nn person, firm. or corporation to conduct
engageor
any aeronautical activity for furnisl-Log
,,maces the public at Ne Airport, the Sponsor will i
and enforce Provisions acquiring the untrwWr:
(1) to furnish sold sa a fair. mount. and not
unjustly discriminator- basis to all users th,"of,
and
(S) to charge fal`j reasonable and not widudir dia-
aiOr tom p u for eacM1 unit or service; Pro-
da�, Tow tb contractor may be allowed k, make
able and nond:senminatary dreactor * re-
bores, or other similar types of price reductions W.
veto= purchwern.
e. That It will not u any grant y right or pdv-
lege which would operate �m patient any Person. Area or
corporationoperating aircraft on the Airport from per-
forming any s e its Own aircraft with Its own
exoticism (Including, but not limited to munlanamm sad
repair) that It may chose w perform.
d In the event the Spanner itself warrants any of the
eights and prlvileges Twernd to in subsection b. the sety-
nvolvsd will be mveided an the sume conditions a
would apply to she fumizbing of such ervbv by e
awma.r ` ion les of Me Sponsor uMer the -pro -
mf each aubre tion b.
21. Sothing contained herein shall be construed to pro—
hlbit the granting or ,remise of asduaive right far the
fumuhmV of n vi,tion products and, applies any z
ourv-
Ice of a nnaarinmticat motors or he obligate the Sponsor to
furnish any particular nnaennavSicol sercie at the Airoort'
22. The Sensor will cosmic and maintain in ,nate and
a. Operating the drPnr!3 age onnutlnl facilities ton
Mrequired.
b[RvmPty morning and hunting hvi;rds resulting
leant airport conditions, including temporary conditions,
aM
c. promptly :mtifyin r airmen of we condition ode.ing
aeronautical use of the .Airport.
Pse. 7
24. tneafar as it Is willSn ib parer and aonam.^the
S' neo,. ni , either by the acquisition and reten f
flatulency; r
nthat myem,im in o rights for She use of land
or alimpace or by We adoption and enforcement n!nim;
regulations. take action to restrict the use Of land adjacent
b or in the immed,ah muni of the 'Airport btivAms
and purposes_ compatible with normal airport Seminarians in.
eluding I-mim: and tkeroP. of aircraft r
26L all 1them usable for the the Airport
gelnd dwith iking oeferal aid
of air.
crnftwill be .Ruth, to the United Starts at all aim with-
all'
cheese, fur see by Rovemmant alreeolt in com,nnn witM1
Other
airamrC e[roPt "A' if Ne ux LY Government aicraft
Dsdntioh, a tmonable shore^ Proprtennl to sueh
of Ne cart of operating and Monte
m tmmnR 4acilltiu +o etl.
may h chartmN.�UnSo by be
eewise
5ponzor antl the ening a retry.
substmtia1 u+e N an airpocon'rt by govnrnme [ ai.emft will W
are
:e of those to A 'at
wb hanln the Spinion efc @at FAAt. would
unduly toSerfem with us o[ the landing a by ober
nvNariaed vimmft, or, ducat any calandax month that
a. Fire (i) e m government Aircraft are regularly
formal at She airport or en land adjacent licorice: or
h Lire Vital moiler or movements (rnannng Such lend-
nnt Lind each takme as a mmerm,t) of
lati,mw:t aim,aft is 30D or m or the faeumu-
en.
wvnt of Ultramarine aircraft ening the Airport
ithe total Am, Ann at, of trwwrnmw:t aircraft multiplied by
notified 1mvirts of such mraft) is m care" of
the m
million lv.umla.
27: RS:em,,- au mincit,d by the FAA. th- Sn..v+m will
[mesh wiUlmet Sort u the ^Nnm,e Cnsarnn Lit for n -
St. n pe:cdiu m of forlin u, for
ha central =it, i ice her nrtin^ a' vif x e I
cumnunfeation [ related t r tragi cu rest. n 1
miss At land or w.ater.vor "tete therein, ar rimhty in Wild-
mut
ild-
ofthe Spi ua the FAA Y eunsder sec• sap- o
d u -able for .nastructian [ Fsdernl expense Of SM+c n `lir
cilia: s for sueh Purposes The uimm, m o, Amount, of area
and 4e m of the property brevia and:or Lights so
Tamil will be set forth i the Creat ARmmeut nl..tio3
b e Pmjttt Such a - any portion thereof 'll bon
steel available as provided oheroin within i months after
receipt of written request from We FAA.
28. The airport operate, or owner will maintain a fee and
metal solemn, for the facilities and "imew being provided
the airport users which will make as Airport as self-sustairy
tax as Possible Under Ne drcunwtneea existing at the Air-
port, ski q, into account such factors as the eod,me of twine
and "enemy of cellactioo.
29. The Spaces, will furnish the FAA with such annual
Or special ae'cort financial and operational reports as ay'
be Alta bly requested. Such reports iy be nbmittet o
forms Str iahed by the FAA, or may be summer in such
AA ra u the Sponsor elects so long the a,mUll
'hod. The Airport and all airport records and dos,-
er
m
affecting the Airport. violating sugary
leases, operation
d use Agreements, repilatiom. a ad other instruments. will "
be made avnihLZe for inspection mtl audit by the Secretary
m :
Lid :he Captsalle, General o[ (Lie United: Shen, o,
dub :mtha,hed pmsenttivc, n rami CC <'
The Seowor will furnish to the FAA or to the Go 11 Ae-
g Ca
fi, upon request, a true copy Of any such
ler;•a.mMt.
.eAn predict solvent and records will be kept t ac-
with a standard system of xccuunting If Say pre-
m id
by the Secretary.
j1. If at vo nine it is determined 1s the FAA that there
pelahe3use right Lir claim of riRb in p t the Airport
property. other then those set forth t Pr
Part II, Parampha
T(A). pleb and Ill). file existence of which canto, an un.
due risk of interference with the operation of the Airport or
the performance of the evvmmnty of this Part, to Sponsor
will ext," Rah, or modify such right Or claim of
,cara
mm
to a aa, acceptable to the FAA.
32.The Sponsor will tet enter into Any transaction which
would operate to deprive it of any a the rights end powers
to perform a e all f the vem+nta
made
here n. unlva by- such truilsaction We obligation to perform
all etch em'manta IS ass mei by mot :er public agency found
Vic' the FAA b he eligible under the Act and Regulutims b
a us
h obligation, and barren e power, seniority.
and Assets.such
Lourcesm d farout
%ane ufth ehl=I
an Is operation !
the ad m,rt by tiny agency or Future other than the Sppoae r
oemployee f if,, Sponsor. the Snanaoe n'UL
uRafsnt miles aM authority to Insure :hat the Airport wilt
be and maintainN in Accordance with the Acte the
Fog- alone, card three covenants
31,3tuba. "Its Vit„ox`:he refined beth: Act andthe
�^: !Rous shall Fare the me,m myz weigned tothem Sharon-
2
haron.
STANDARD DOT TTIU v1 ASSURANCES
The'Cit o£ Ba or— Maine (hereinafter referred
to as the sponsor" REPEBy AGREES TEAT as a condition to receiving any
Federal financial assistance from the Department of Transportation it will
comply with Title W of the Civil Rights Act of 1964, 78 Stat. 252, 4^ U.S.C.
200019 42 U.S.C. P(oW-4 (hereinafter referred to as the "Act"), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations
Department of Tranaportntion, Subtitle A, Office of the Secretary, part 21s
Nondiscrimination in Federally -Assisted programs of the Department of
Transportation--EffectpatdOn of Title W of the Civil Rights Act of 1964
(hereinafter referred to as the "Regulations") and other pertinent direc-
tives, to the end that in accordance with the Act, Regulations, and other
pertinent directives, mo person in the United States shell, 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
underany program or activity for which the sponsor receives pederal
financial assistance from the Department of Transportation including
the Federal Aviation Administration, and RERERY GIVES ASSUJRANCE TgAT it
will promptly take any measures necessary to effectuate this agreement.
This assurance is required by subsection 21.7(a) (1) of the Regulations,
a copy of which is attached. -
More specifically and without limiting, the above general assurance, the
-sponsor hereby elves the following sperific assurances with respect to
ADAP Projent No.
1. That the sponsor agrees that each "program" and each "facility".
as defined in subsections P1.23(e) and P1.23(b) of the Regulations, will
be (with regard to a "program") conducted, or will be (with regard to a
"facility".) operated in compliance with all requirements imposed by or
pursuant to the Regulations.
2. That the sponsor sba11 insert the following notification in all
solicitations for bids for work or material Subject to the Regulation
and made in connection with ADAP project No.
ands in adapted form in all proposals for negotiated agreements:
The City af- Bangor -Maine "- -' �" - �, in
accordance with Title W oP the Civil Rights Act of 1 78 Stat.
252$ 42 U.S.C. 20001. to 20CCd-4 and TStlw 49, Cade of Federal.
Regulations, Department of Transportation, Subtitle As Office
of the Recreterys part 21, Nondiscrimination in Federally -
assisted program of the Department of Transportation issued. `
pursuant to such Act, hereby notifies all bidders that it
will affiamtively insure that in, any contract entered into
Page 9
pursuant to this advertisement,. minority business
enterprises will be afforded toll 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
,tbis-assurance in every -contract subject -on the Act and the Regulations.
4.- net where the sponsor receives Federal financial assistance to
construct a facility, or part of a facility, the assurance
shall extend to
the entire facility and facilities operated in connection therewith.
5. net where the sponsor receives Federal financial assistance in
the form, or for the acquisition of real property or an interest in
sal property, the assurance shall extend to rights to space on, over,
or under such property.
6. That ebe sponsor shall include the appropriate clauses sec forth
in Attachment 2 of this a ant running with the land,
in any .future deeds, leases'rpermits,, 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 eof a cess to space on, over, or under
sal property acquired, orimprovedunder the said Airport Development
Aid Program.
y. Mat this as surance obligates the sponsor for the period
during which Federalfinancial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is
in the form of, personal property,. or real property or interest
therein or
a
structures or improvements thereon, in which case the
rance
obligates the sponsor o 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 provision of
similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property.
8. 'fie sponsor shall provide for such methods of administration
for the program as are found by the secretary of Transportation or the
official to whom he delegates specific authority to give reasonable
guarantee that it, ocher sponsor: subgrantees, contractors, sub-
contractors, transferees, successors in interest, and ocher participants
of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the Act, the Regulations, and this
assurance.
Page 10
9. The spanner agrees that the United Stateshes a right to seek
,judicial enforcement with regard to aqy matter arising under the Act, the
gegulationa, and this assurance.
THIS APgtp tg is given in -consideration of and for Lhe Purpose of
obtaining saw and all Pederel grants,. 1Ons, contracts, prcpgrtyp
discounts, or other Pederal financial nssistance extended after the -
date hereof to the sponsor by the Department of Transportation under the
Airport tevelcpnent Aid Program of the Pedenl Aviation Administration
and is binding on it., eontractnn, snbrnntraCtbra, transferees,
sutteseore in interest and other parlAcipants in the ADAP Project. No.
The person or Persons. whose signatures appear
low are autborized to sign this assurance on bebalf of the sponsor.
MTS7 l
Cit of Ban or Maine
SSWns}olr,
by
PeterPeteru. Rof Authnrtzed ozPlelaU
R. a
Airport, Manager
Page 11
ATTACBMI-VT 1
During the performance of this contract, the contractor, for itself, its
assignees and successors
ors in interest (hereinafter referred to as the
contractor") agreesas follovat
.1. Compliance-with "RegulatlonsrThecontractor-shall-comply-with
the Regulatl<ns re a ve t6 nova scrimination in Federally-assisted
programs of the Department of Transportation (hereinafter, "WT") Title 49
Code of Federal Regulations, part 21, an they nay be amended from time to
time, (hereinafter referred to as the Regulations), which are bereln
incorporated by reference and made a put of this contract.
Nondiccrlminatlon. The contractor, with regard to the very.
perfnrmed-BY-'� Ur -contract, %ball not discriminate on the grounds
of n rnlnr, or national origin in the selection and retention of
suhrnntrartors, including procurements of metzrisls and leases of
equlieana. The rentractor rhall not ptrtirfpste either directly or
Sndlru-tly in the dlarriminotien prohilAtedby":-,action 21.$ of the
Resolutions, tnvluding employment prvrt.trex"when. the contract covers a
program set fnrth In Appendix H of the Regulations.
R. Lolinitatinns for gubcontract^. Including Procurements of
materials and Equipment. ID all so11-atlons either by competitive
bidding or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials or leases of
equipment, each potential subcontracear or supplier shall be notified
by the contragtor of the contractor's obligations under this contract
and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin. `
4. Information and Reports. The contractor sball provide all
information find reports requlae by the Regulations, or directives
issued pursmnt thereto, and shell permit access to its books, records,
accounts, other sources of information, and its facilities as way be
determined by the sponsor or the Federal Aviation Administration to be
pert£nent to a¢certain compliance with 'such Regulations, orders, and
instructions. Where any Intoraation required of a Contractor is in the
exclusive possession M murther who fail$ or refuse:: to furnish this
infornation the contmetni. Mall so certify to the sponsor or the
Federal Aviation Administmtton an appropriate, and shall set forth
vhat efforts it has made to obtain the information.
Page 12
j. Sanctions for gone ompllance. In the event Of the •Contxactor?a
noncompliance with the nondiscrimination provisions of tMs contract,
the sponsor shall immse snob contract sanctions as It or the Federal _
Aviation Administration say determine to be appropriate,including, but
not limited to-- I -
a. withholding of payments to the contractor under the
contract until the contractor complies, and/or
b. csncellation, Cermitation, or suspension of the contract,
in whole or in pert. -
A incorporation Of rrovisions. The cvni.mrtor Shall include Ibe
provlelona o yaragm a ow: in every .ubrnntract, includ313F.
procurements of materials and lanae:: OI' e•luipment, unless exempt by
the Regulations or dlrentives iasued pul rant, tberoto. The contractor
shall take such action with respect to any subcontimet or procurement
as the sponsor or the Federal AviatlOn Administratinn may. direct as a
means -of -enforcing such provisions inelaiing sanctions for non-
compliance: Provided, however, tbat, in the event a contractor
becomes involved imp 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
in addition, the contractor may request
interests of the sponsor and,
the United States to enter into such litigation to protect the
interests of the United States.
Page 13
ATTACMEn 2
The fonwing anuses shall he included in all deeds, licenses, leases,
permits, or similar instruments entered into by the Spmnaor _
pursuant to the provisions of Assurance 6(a).
The (Grantee, licensee, lessee, permittee, etc., as appropriate) for
himself, his heirs, personal representatives, succeusors In interest, :vnd
,ssaitmsaa pert of the ectslderatlnn hereof, does hereby covenant and
agree (in the case of deeds and lenses :dd "as a coverunt running with
the lavd") that in. the event facilities :vre constroctedy maintained, or -
Otherwise operated on the said property described in this (deed, license,
lesae, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grentee, licensee, lessee,
permittee, etc.) shall maintain and Oneonta such facilities and services in
compliance with all other requirements imposed pursuant to Title 690 Code
of Federal Segulatlwa, Department of Transportation, Subtitle A, Office
of the Cscrotary, %rt 21, fl<mdtacrimi nail en in Federally -assisted
prngrums of the Department. of Trevxporiat Ion -Effectuation of Title VI of
the Clv1.l Pi ants Act or 11)91, and as s:41 11 IteIP tl on:: my be amended.
(inepude ,n. li,enses, lec;ca, permits,
That in the event of hn:eeh of say nr the hbom• noMisofYmt mvi inn
rvrnts, the Sponsor ^Ml] have Lho rags to terminate Ii:e
(liceree, lease, permit, etr.) and to m- nter mat repossess avid land ,
and the facilities thereon, :rad hold the awns ;to if said (11cen,es,
lease, permit, etc.) had never been mule or Issued.
(Include in deeds.)*
That in the event of breach of any of the above nondiscriml sort on
covenants, the Sponsor shall have the right to re-enter said lands
and facilities thereon, and the above described lands and facilities
assail thereupon revert to and vest to and become the absolute property
of the Spend= - nod its assigns. _
The following nhull ha included In all deeds, licenses, lenses, permits,
or similar agreements nturedl into by the Sponsor pursuant to the
provisinns of A:u:uramro 6(u). -- -"
The (grnntee, 11ron::en, lesnoe, p•,wdtdee, e4.,. :to appropriate) for
hiseelr, h1:: personal repo+'cnUvtt wen, :: In Interest, and
: ::ul:oe:, a n part of the . nsldenvtirnv hereof,~ices hereby onvat.
mid :w:ree (in the , of .levds and lencec :vdd - + vntr,mnine
With the land") that (1)jt,, pm"m on the groondo of n , color, or
Page 14
national origin shall be excluded Pram- participation in,denied-the
benefits of, or be otbervise subjected to discrimination in the use
ofsaidfacilities, (2) that in the covstructlon of smy improvements
on, over, or under such land and the furnishing of services thereon,
no Person on the grounds of race, calor,or national origin Shall he
excluded from participation in, denied the benefits of, or otherwise
be subjected to discrIndmatioq (3). that the (grantee, 11censwG
lessee, permittee, etc.) shall use the premises in compliance with
all other requirements imposed by or pursuant to Title 49, Cade of
Federal Regulations,. Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Randiscrimination in Federally assisted
Programs of the Department of Tmvspoitatia¢-EYPectuatian of Title vI
of the Civil Rights Act of 1964, and as said Regulations .way be
a nnded.
(Include In licenses, leases, permits, etc.)* _
Thal in the event of breech of any of the above nondiscrimination
covemmt::, the Sponsor shall have the right to terminate the
(lieen:'ic, lease, permit, etc.) and to re-enter and repossess said land
and the facilities thereon, and bold the same as if said (licems ,
le se, permlt, etc.) had never been made or issued.
(Include in deeds.)*
That In the event of breach of any of the above nondiscriminsticn
wmvnantey the Sponaol stall ba" the right to re-enter said '
land end facilities thereon, and the above described leads and
facilities shell theregam revert to orad vest in and become the
absolute property of the Sponsor and its assigns. -
+ Reverter clause soul related language to be used anly vixen it Is
determined that such a clause is necessary in order to effectuate
the purposes of Title K of the Civil Rights Act of 1964.
Page 15
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RBLOLATION An TARE ALOUIS1TION ASSURANCfia .
I!@Lg16NRNg 9'Ha UNIFOWA HatOCNTION ASSISTANCE , _
e
AND LAND ACQUISITION POLICI6S ACT OF 1970
t 1(A) We the City 0£ Bangor � hereinafter
referred toas Sponsor, as ccn witioupon WAI0: the Dollar States or
America willconsider providing financial assistance for an airport
development project under the Airport and Airways Oavelopoent Act of
1970, (P.L. 91-258): and in order to Vast the cequiremmta of Sections
2LO and 305 of the Uniform Relocation Assistance and Land Acquisition
Policies Act of 1970 (P.L. 91-646): the aeguLtiona of the Secretary of
the Department of Transportation entitled "Relocation Assistance and
LSM Acquisition under Federal and Federally Assisted Programa", (49 CPR
Part 25, 36 Fed. Seg. 9178){ the Regulations Of the 'bepartment of
Transportation, Federal Aviation Administration, Airport Aid Progoame,
(14 PER Part 152 t37 Fed. Reg. 11014)7 and other applicable provisions
If Irv, do hereby make the £ollemi:g representatives and assurances.
1. Sponsor wRl provide fair and .....cable relocat£od payment/
to dip laced persons as required by Subparts E. F, and C of ae fd Part 25;
2. Sponsor will provide relocation assistance Programs for
displaced parents offering the services described in Subpart P of
said Part 257
3. Sponsor will adequately Inform the public of the relocation
payments and service, Which will be available order Subpart D. E, F and
G of said Part 25{
4. Comparable replacement dwelling, wIII be available, o. Pro-
vided 1£ necessary. vitbin a reasonable period of time :before say peters
Is displaced.
5. -Sponsor will fully comply with Subpart I.II said Part 25.
6. Sponsor will adequately inform the public of the acquisition
policies. requirements, and paymemt, which wily apply to the project with
aspect to any acquisition of real properq to which said part 25 and
this agreement apply.
7. Sponsor w111 not proceed with a" phase of a project if
that phase will cdisplacemente the displacement of any Paxson without print
approval of the Fade and until the sponsor provides written aasurances
satisfactory to the FM tMp
(a) 'H sed on a current an,," and analysis If available
replacement beanies and 1, consideration of competing demand, for that
housing. e,,parable replacement dwalliaga will be available within a
vubleyeTled of time print to displacement equal in number to the
displaced persons who ,,quire them: and
(b) The Sponsor's relocation program Is realistic and is
adequate to provide orderly, timely, and efficient relocation of displaced
individuals and families to decent, safe. and aenitanyhoueing available.
o person, without regard to acolorh religion, or .national origin
vith minimum hardship to those affected. -
(b)- With respect to every person who wan displaced or from whenreal property ,, ..
te
971*
uld
been entitled to
any gpaymenteuired t or elocation1assistance pursuaanth toe the
assurance, in this agremeut bed this agreement been in effect a the -
time ofsuch displacement o acquisition, the spans,, represents and
undertakes as the case may be: (1) Tiat such person has received ar
will receive all thepeyments, and be, been or will be timely afforded
all the assistance and edvaneages that could have accrued to him radar
the prwislans of these a su....as as though he hadtbase displaced o
*Mend. 9/4/75 40 Ped. Reg. 41040. g - 1
The real property a,q,ir,d or his e,titlermt, ae a[c sea
or
r
subsequent to the data If the,, sentence'; and (2) Mat the Sponsor
has timely Perfumed, or will tinelyPerfam all acts that would have f
been or wall still be required of the Sponsor had these assurances
been applicable at the rimes herein Identified. _
(C) Until and including 1 duly 1972. the prov3simu of these
sother than subparagraph l(A)(4)o shall be applicable only
to theex that Spender Is able t comply with them under applicable
State lav{ after i duly 1972. such prop bion, shall be appll cable in
their entirety regardless of the extent to which Sponsor is able to
comply with them staler applicable State law. Subparagraph (1)(A)(4)
shall be applicable at all tions under these aaau '
(0) The obligation of the United States under any subsequent Grant
Agreement to share Su the allowable costs incurred by Sponsor under
these a shall be subject [ all the pertinent and appllcalbe
provision,, limitations, and conditions contained In the lava and
reawmtlon, rstarted to m these > recces.
to thwg )ung r is=,
he Acts and Regulatassurances
ons all forth 11 Paragraph 1(Neigmd .
It is understood and shared that the representatives and treatment'
wade hereunder shall be made �Fplic,bla to and incorporated in any
Grant Agre nt issued on of or arising out of the PoSmst
for Aid to which these assurances air attached.
Usual : Sent. 30, 1977 City of Elajachpr
Span
b
Uitme+ do W. FtyAC1:hY Manager
CCRIIHWZ OF SPo W A=
I William Dale sting a attorney for Pity n njor
ao certify:
Rut I baps examined the foregoing assurances ad ere required by the
Onifom Relocation Assistance and Land Acquisition Policies Act of 1910
(P.1. 91-646) and as implensatea by regulations of the Secretary of the
repayment of 4anapormtion under Part 25 as the rosewas
published in
the Federal Register an 20 Nay 1921 volume 36 Number 98 (49 C.P.R. 25)
aM I find that the making of said assurances by the Sponsor is within
its powers and the ex ... tire 1+ In all re+pacts due and proper and in
accordance with the lava of the State of .Main and that In
mopinion said afimmaces constitute a legaland binding obligation
of the Sponsor.
hated at Bangor Maine this 330th _day
of C ntem'ner 1917. A Y J. A
¢ Solicitor
(phi")
RELOCATION ASSURANCES REQGIRCD ON SORNISSION
OF PROJECT APPLICATION FOR FEDERAL ASSISTANCE
MER THE AIRPORT AND AIRWAYS ACT OF 1970
Supplementing our Relocation and Land Acquisition Assurances, dated
the 30th day of September 1977 we the -Ctty of
Intact
hereafter referred to as Sponsor, do hereby assure, represent, covenant
And agree that:
(1) Used Ona current survey and analysis of available
replacement Musing And in consideration of competing demands for
that housing, comparable replacement dwellings will be available within
reasonable period of time prior to displacement, equal in number to
the displaced persons who require than: and
(2) The State agency relocation program is realistic and is adequate
to provide orderly, timely, and efficient relocation of displaced indi-
viduals and families to decent, safe, anal sanitary Musing available to
persons without regard to race, color, religion, or national Origin with
minimum hardship to those affected.
name further a e given in consideration of and for the
purpose of obtaining sFederal8financial assistance to the Sponsor by
the Department of Transportation under the Airport Development ASd
Program of the Federal Aviation Administration pursuant to Public Mw
91-250, Airport and Airway Development Act of 1970, and as required
by the 0niform Relocation Assistance and Ind Acquisition Policies
Act of 1970, Public law 91-646, And regulations of the Secretary of
the Department of Transportation in each cases made and provided.
It is understood and agreed that the representations and commitments
made hereunder shall be made applicable to and incorporated in any
Grant Agreement Issued on
account of 0 arising out of the project
application to Which these e surances are attached.
Dated: September 30, 1977 City of Bangor
Sponsor
b
Wftneas JOY.F yn icynager