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HomeMy WebLinkAbout1974-05-29 186 AB ORDER186 AB
Introduced by Councilor Buller, May 29, 1974
CITY OF BANGOR
(TITCH) (orD¢Yf Authorizing Application for Federal_ Aviation Administration Grant
.for Drainage Trench d ChadnUnk Fence Bangor International Airport
BY the City Contact of the City of Bangor:
ORDERED"
THAT the Airport Manager is hereby authorized to execute an application,
a copy of which is on file In the office of the City Clerk, for purposes
of receiving a grant frdm the Federal Aviation Administration for recon -
striation of 733 feet of concrete drainage trenches on the Heavy Buty
Apron and the installation of 3,256 feet of 6 foot chain link fence,
3,694 feet of 8 foot chain link fence, and four gates at Bangor International
Airport. (project No. ANAP 8-23-0005-02)
STATEMENT OF PACT: The purpose of this Order is to authorize the application
for an FAA grant for 75% of the total estimated cast of $76,200 of the above-
described project at Bangor International Airport.
RECEIVED
1971 MAY 23 PM 4: Ot
CITY CLERKS OFFICE
,Iry GF Pt4"R-MAINE
186 AH
IN CM
COUNCIL
,
O R D E R -
.nay 29,
1974
vmsm.
Tine,
CITY CL®t%
Autho[.
A lic. fci FE3. Aviation Advan.
..RE.........................
cant
for Osaina a Tenches a Chain Unk
l....................
Fence
- DIA
I "I end 'led by
...oCowcflmanan
RECEIVED
1971 MAY 23 PM 4: Ot
CITY CLERKS OFFICE
,Iry GF Pt4"R-MAINE
F. wed.
DMR No 09.R0006.
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION AIDANISTRANTION
PROJECT APPLICATION
(For Federa4Aid for Development of Pablic Airports)
Part I -PROJECT' INFORMATION
The city of4 (herein called
the "Sponsor') hereby makes application to the Federal Aviation Administration
(hereinafter called the FAA'), for a grant of Federal funds pursuant to the Airport
and Airway Development Act of 1970 and the Regulations issued thereunder, for the
purpose of aiding in financing a project (herein called the 'Project")for development
of the.. Bangor International Airport
(herein called the "Airport") located in Nan4oz Penobscot County
State of Sidman _
It is proposed that the Project consist of the follawing-described airport develop
ment
1. The reconstruction of approximately 733 l.f, of concrete
rete
drainage trenches on the Heavy Duty Apron (ContractNO. 1).
2. The installation of approximately 3,256 1.£. of 6 foot
chain link fence and 3,694 1.£. of 8 foot chain link
fence, and four gates, between the public a and the
aviation areas of the Airport (Contract No. 2)6
all as e particularly described on the Property map attached (hereto as .Exhibit
Project No. ADAe a-23-0005-02 p, and in the pilans and specifications Oft -
rallied
-rallied to the FAA on -r . LL4, � r 214 which are
made a part hereof.
OEOD
FAA Form 5100-10, Page 1 n..a,".eI....Ioa.EDITION
THE FOLLOWING I6 A SUMMARY OF THE ESTIMATED COSTS OF THE P JECT:
5 ESTIMATEDESTIMATED
TOTAL WSSHARE Spnv
ITEM T
IMTEO OF COST OF MST
MST OR PER
T O
1. LAND COSTS 0 o CENT
2. ConsTrzucti COSTS 60,000
3. ENGINEERING ANDj�ahb
SUPERVISION COSTS 6,015
4. ADMINISTRATIVE COSTS 300
5. Total of 2, 2, and 4 - - — -
above 1 66,315 16,622. '251. N9 693. _
6. CONTINGENCIESi
9,885 2,478. 25% 7,409_ I^H
v. T ALL EETImIDAT_s .:'
PROJECT COSTS
(Iheme 1, 5, and 6) $76,200$19,100. $57,100. ,.
Pan R -REPRESENTATIONS
The Sponsor hereby represents and ce fi ies as follows:
1. Legal AulhocRy�The Sponsor has the legal power and authority: (1) to do all
Things necessary in order to undertake and carry out the Project in conformity with the
Act and the Regulations; (2) to accept, receive, and disburse grants of funds from the
United States in aid of the Project, an the terms and conditions stated in the Act and the
Regulations; and (3) to carry out all of the provisions of Parts III and IV of this Project
Application.
2. Funds. The Sponsor now has on deposit, or is in a position to se
$ 19 IOO. for use in defraying the costa of the Project The present status of
these funds Is as follows:
Funds a gram
sently available from Capitol Improvements Pro
authorizedby appropriation of the State Legislature.
3. Compatible Lead Unn—The Sponsor has taken the following actions to assure
Compatible usage of land adjacent OR of In the vicinity of the airport:
In conformance with Airport Master Plan
FAA Form 5100-10, Page 2 12 PIT SUPERSEDES ,.e,RDs tomo.
4. Approval of Older Ag dtl —The Project has been approved by all non -Federal
agencies whose approval is required, namely:
State of Maine Department of Transportation
State of Maine Air National Guard
5. DefaulEa—The Sponsor is not in default on any obligation to the United States or
any agency of the United States Government relative to the development, operation, or
maintenance of a" airport, except as stated herewith:
None
6. Possible Dieabiliiies. There are no facts or circumstances (including the
Exist—
ce of effective or proposed leases, use agreements, or other legal instruments affecting
e 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 Dowry out the provisions of Paris III and W of the Project
Application, either by limiting its legal or financial ability or otherwise, except as follows:
None
7. Lend. (a) The Sponsor holds the following property Interest in the following
areas of lame which are to be developed or used as part of or in connection with the Air-
port, subject to the following exceptions, encumbrances, and adverse interests, all of which
areas are identified on the aforementioned property map dexignated as Exhibit "A":
No additional land required; this land is part of the Airport
property, asshown on Exhibit 'A', within the bounds of the
land deeded to the City of Bangor by. the United States of
America
The Sponsor further certifies that the above is based on a Utle examination by a qualified
attorney or dUe company and that such attorney or title company has determined that
the Sponsor holds the above property interests.
FAA Form 5100-10, Page 3 UN) SUPERSEDES PREVIOUS EDITION
(b) The Sponsor will acquire within aronable time, but in any event prior to
the start of any construction work under the Predict. the following property interest in
the following areas
of land'or which such construction work is to be performed, all of
which areas are identified on the aforementioned property map designated as Exhibit
A
N/A
(c) The Sponsor will acquire within senable time, and if feasible prior W the
completion of all construction work under the Project, 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 as it will be upon completion of the Project, all of which areas areiden-
tifled on the aforementioned property map designated as Exhibit "A"
N/A
S. Exclusive Rights. There is no grant of an exclusive right for the conduct of
any mmormutical activity at any airport owned or controlled by the Sponsor except
as follows:
None
FAA Form 5100-10, Page 4 (12.71) swEe:EOE: "assay Ecnioe
Pan Hl�P NSOR'S ASSURANCES
1, °M¢ to famish the a iretl by be Act
and Reguuuona the Stan.. netee9 .....ants and agrees
with the Them Sta b sa falwa.
1. These ww... As mall Duane, .Fertile uPon mmilmism,
Ay the Shan of an offer made by Fed`FAAid or 6, Project
` jectuor
y too£ the Grant Agree t Mus £ormeh The,, sow ants
,hall remain iu full forcead.Elect throughout the useful
life of the facilities d..Aeped ,del Eli, ndlld not fu any
along That di n off,, ofrFad... aid`f r the londedata tofquwa
eP these liMeNmu on the duration of the cove do
PPIy to the a assailed rights Any
breach of them m ..lana, the part of the Spm°o, m
result in thea .f, o al W
grant FeaevJ asidmaw, wrld`, FAA aden inlawood pxecaw.
To suen other a which may be necessary to enforce the
rights of be Ltied States emnt
e under this agmf
2. fine Sponsor will operate the Airport as each for the use
mW benefit of the publidc in faM1M1erana [ Ma low.
(but witnnt limitl yi a ra a Msbllity and effect),
the Scroll1enfikmds, gOrms that it {will hroup the Airport
,pan ATrmautimm IT, an
fallAd x,,°able Iowa, rutnnt diaetiuwaEn formed,
...h type, kinds, and ]asses. Provided; That be Sponsor
may establish such fair, equal, and not uusually ducTimina-
ntli4ons d be met by all am,, of Me Airport as may
be
Any
for the arm antl operate opmatio. of the Air
And
P ovmea Turner
ur neer, That the Sponsor m that i`ei�a Ail`port if sotype �uondb°`class m e' ma°:of
n.f the Airport oe As
An own. the civil dint
far, nttde of He peblic
S. The SPons°r—
n. Will nt rut ) is y e* mei., Eight for.
bidder 8 (499U.$Ag 1349(,)) I at the Airphe oµ or at anyion Act Of
.tire,
would or emitroled by iy
a mb. Agreed that, m }muck m.e of the policy of the FAA
,,del this covenmt, unless aon..... d by be Aamimmer,
par it will n°^, eitnm directly °e inairealy, grant or pe,.
mit any rW ,firm or earp... to, the I,,odw light at
th`Ild Ly VAS to " at ,civil any aeronautical A Alaw ctivities
p. but Add limited b uMa r ight, plot stn
AN
Draft rid 1 .,it i Ma,eme.. Annual ph,agrapnv.l ev
rill av,rd,in6 and ry air earlier To
inothl", ,rnft Islas °nil surae¢ , Asia of aviation vi
eum pr dmia whether or t conducted m
uituieian. sine o(e munftdo b, antl anynan,, mtiv m,
ofich imr°ft ran be rean of `ir si Jen ` ct relatlnahl�ti M e rcerto,
:utility.
n Am.. lost It wleam
l tmate any d aohmiv,
tl�dd before in the fall°f tbubble or all.such an ' An cola
garlilla euawJ, occultation, or AsphaHn date applicable
the Ansa the ,,gbDvA right. and
to
Agrees that it will ht other epee,
nava m m"ll "t,itt'yy ..w e.at
such ine re the grant of any tnuwho,
te Airport ad A6wy oawelmmnt A.t,eai
be vie` Sp Dor agrees
of that ituwill opa,ad Me Airport11 fail Afor
ceema, and school Tiumst dOcrimaanom 1, f,,fl ce oe
the are n (but without Wilting its gneralpliability
and eReet) �M1 Spino, Amplitude wvenanN, and a
A. That Al at operation and the operation o£ all balance
n err s`=n pace a, fae`Rties °Mesio swill diw nm'ih
against
o, .hada of p s by veawn of new,
�color,,gd, AD alliorel ADD, he be ma of any of the
facilities peached for M° path, an the Airport,
b. ngemh"t in a m ut,hmoetiprivilege eE the ADP
a¢wpri :`rig conduct
Ithe, at-
, caned is W e ry fi ...I `activity°for f,nisbing
tAD fmms W be punka a`t the Arporh the Sponso, Twill in -
and eamroe previsions req°iring be mailater:
rt(f) m munch said service an a fair, equal, and not
ustV digrinum tory basis W all am,, bond,
]
(2) ]chane fair, reaaomhis and not n ,,Cy As,
wimm,m
m
price, for each unit o i Pro
sand. That theamts,i ay be allowed to make
bateshorlone, DID,]" type, of Pnee wd,,iio�a a
volume pureb.....
e That it will not exercise or grant any right or The.
deg, which would opera] aircraftto prevent
any pert Srom`m or
larminiag an services on its own aircraft with itteu own
mph,.veea irn]vaina, but not imited w l a and
err) that it they choose d perform.
lights anhe d prinflegce`refoled ms2hl Illi. ioA`-9n ti ..the° Of the
'nvoli An berovided on thea nditiona Ad
la
Duapplmeans a,y to the firoonmic ofmeha`ta
w by e -
rca of Due Sponsor under the pro
w
,inions of such uhautin b.
6t bumbng engAea herein M11 he onadued d pro.
unit the gm of • aelua sight for the
mmismmgof ,A,t,mpMend end Apvn;sorany =erv-
e of a ncode ... school ..,cure oe I obligate the $go.... to
furnish any particular neueronautieal urviee at be Airport
6. The Sponsor will operate and maintain in a sate and
auceable condition the Airport and a9 fachApe° theme,
r o ehusers
of ihe cants necessary h aerw na
°triiul nix or the which
a@er toot loft per awed
r`lnd them on the hw United filed wa w� 1 not use
for m.
set A hereon which would,T a interfere wind ,t for air
borrow, reetlq hot °°Min portoio°d heedd
port , g
hall Ee ao°n°f veil , rethatquire me Airport w n snea
'd as icodg 'Dae when snow,
Car, it marbe....eo And,Prwia Furth¢MTest nothng
cen tam
pair, r hall be m truetl em ee oirtng be structure
ones. -
m damaged
of dest?oy e o 6Aiat
oMb`s°r bar Nylty n oyes]ydue mm�at
de Ged` or other a r 1, a is cry Metcon.
e
MI so 4wM1 hero Turbulencetot..II is the
S ill here effect t II tine aingemenb to,:
.. earned. M. mrpmta aeeonn0w facilities vera.
ma.
ever
mrfmalr T ding a ding to hoxaraa reahting
from n�rp.a ronaitiona, ia�mamg dnepwry, m.mn.na.
and
.ermm.got use°of thege4eort of any mnaition affecting
FAA Form 5100-10, Page 5 na,n:vale:msa nevlOus mlllax
f. made, ae it I, with,, no Power and Cm, ... Ads, the
Sponsor wdl, either by the aegoieition and retention of .....
Monte 11 4 m ghtr 161, inrute ifoe the use of land or
or by the hdoptiw and enforcement of losing mgn-
IntiomW intent the rode io eel on anterum, m
growth £ea y atrvetura, time, o other object to he o
Panel, I'll, 0.f the runway, a the A6pm6 bion wall
an obstruction to i navigation according W the
ita,,constitute1
contracts Pa pmaerifot in Section ge03,as applied
A `' 11 Y225, Part 1'i uf. he Felot et or len mi, tillthe
sn If aniy p 61enaps structure or facility wh coh would
interfere mit Il�will We do,dna n mtv a de
all mmt of We Airport, m
plasma am, in which the Spmoe sea eequ red, or hereafter
acquuee made es o£ the emmfa,e o£ the land 14 b so control rho
(theme totalmowmmh of g ..... most atroaft maRtyrelNtl by
'find w hts £ such ,,[draft) , Ina se f
five million p ... dn.
fort Wl...... so mfew tl by the FAA, the Solna.. aNl
ced, ,,Mont mat t. the Cold ..I Government, fm .... and ruirra ami of .edified tem I,
Amiga <enaei selected,, or we he, .,wrtmer acne' and
related o h traffic "It'll, Inch
non of ]antl or wake tar earl. Mexei,, or eights in builtl-
more of the Sponsor as he FAA m
dUmw
able f<atry<Con at Fail .. I may
spam or far necessary .
As
elite, foe ,an pnryoaea. The approximate amounts of areas
and the naturt of he Clearly breets and,., rights AT
xo fithemd Even Projecte let Such�m, he y portion ement thereof mil be
made available as Decided Mae n o i his 4 months fee,
receipt of written replied from the PAA.
8. Insofar As it is wi Wil its ower and reasonable, rho tg, The ¢vpoet.pontm m owner will may.]atn a }¢¢ ah
esemen will, either by We mill end eetentlon t al sO,a,m for he modules antl service, being A..iild
areroethe, `nterests n a,, gfor the nm of ]and the airport risers which will make 6, Airpm`as stlf-munin-
a bye he adoption and enforcement of Coning
p anble under 4M1e tlrcuostavms ,s m ¢ h As-
gto orrinthrhe e,mb ee rl the of],,it,thd3alipNato Its rate.... not rush fauMs as the volume of tnfire
he comea'ute Ability of he iriort o e n ons ins ad reammy .f Collection
antl len compatible with lanai n operations in ad
landing antl 6keoff d£ aircraft rt p fg The apomo. ill furnish anM1 the FAA with such annual
may or eel airport ..too S and n .aai re
be ably re dove. 8mn reports may he reports
I, emir
film, AD thetl by the FAA, o, may be the iwin in saes
in AD the The
Aeets a. leg os the a atm data
re tam shed. the Airport end .0 9 Beat , law, dna arcu-
aaffecting
memtheA%e g,111, 11F dead,, law,, re nee agrmmmb, re...porty, and ,,oil myrtr tr, will
I'd the aumetrcltlAs o¢, '9`i f fie omfitedbemhs� th ir
TM1ee...m9d re reasonable regceet.
Spins., will furnish to FAA oto the Gena,, Ale
counting Office, span one .., ¢ copy of any such
. t
..mmt.
10. All faeiliEaa of the Airport develop" wide Federal Aid
dad F that, o,able for the landing and tali, off of air
-
RiR :m he avamle W he United StalsatIII time,, with
,the, rn,ft re,Opt Am Wet if the or, by government mr,raft
mhsenGJ, a rea.... hie ham, peopo. anal I Suchare,
opera an di'llma
of
Took
or aotnerwse�a road o bit Phrasey theoffieracca2PoIoor and deI the bYng a FAA,
mag
mb,4ntial one of an airport by Rovernmmt "w"
It woe he
nlidmed o as t wh re♦ o a of aoeh a rera£t Ira
An und
cott
own,thole wfor uMoh, in We of
in of Me FAfi, World
euh rd'elyzetl air<uft or aaill a'in6fanYecalmdaremontF IM1etother
haft. Five (5) atthe lm
more government aircraft are regularly
Port m' m land adjacent hmvtq or
Is. The Ctrl somber of movements (Coolant club land.
Mww,,wt
and ...h edged o nh o
aircraft ovn a 0 moa, orThe
I¢hae ",gotmmo[ ahm'af[ g he Airport
4. All project demo. and x ro d, Po�bee kept in Am.
W dere with :`'tame,, aY a of e f Per
...iced by the smmmry.
15. It at any time it Ta determined by the FAA that them
I, Any u<otheri than Wose claim
fall m Partt in rll mAID A¢raPFx
do, (bfand 1(e),.day with
thericeraof ionlof .Aionw-
.eSY of ance of the with he operation .f Me Airport m
wilthet
performance , df them a o}..a P¢rt, or Spmaof
wvl . wn, u modify AA aignt m' claim of
ri¢M1t � e�rmannvr earpoble o the FAA.
6, The Sponsor will not entre iso any trameatlon which
woultlaoperaa4do R tlTIo t of anor y of the rights and power,
herein, alias by'men tmosxtim the ublof f tionno pestoemants e
All....IT a,, ... to is uesvmed by mother PtIIf, agmey found
Y he FAA, bhe eligible a do, the Act and emueatlnve o
such and having he n hl;ty.
and finaMal resource, sW r all amL olifl...n If
mode form n. t r d retie, of
tune arrangement
T Any I „.dear than the spend.,
or No employee of the Spa spam., he Sponsor w
w1flOwnt,fo ld old unto onty s insure, that he Airport well
be operated and mmwwinetl in accordance with dee AR, We
Regulatim s. and these co ..wrio..
v. hmese We m text ,thawlse required all terms Urged
I, there ,I ... tire which we afford 1, 1, Act Old Reguleoom shall have dee me n rigs assigned o them here,¢
FAA Form 5100-10, Page 6 Ila., anealetsa m.vnas EDITION
Part IV—PROJECT AGREEMENT
If the Project or any portion thereof is approved by the FAA, and an offer of Fed-
eralaidfor such approved Project is accepted by the Sponsor, it is understood and agreed
that all airport development included in such Project will be accomplished in accordance
with the Act and the Regulations, the plans and specifications for such development, as
approved by the FAA, and the Grant Agreement with respect to the Project.
IN WITNESS waeaEOF, the Sponsor bas caused this Project Application to be duly
exeoutedin its name, this — day of — 19—
hof Bangor
I
Airport Manager
OPINION OF SPONSORS ATTORNEY
I xm," cuunry that all sta4m No of law
made In LMP Praised Appl...tun Turd all local
PCs, wbiab the repremaYYom I'd
ned ber a based, are
myemm.
nnme, adm.,,. are m
Staff Attorney
FAA Form 5100-10, Page 7 ET 71) SCERSEDEP PREVIOUS COITION
STANDARD MVP TITLE VI ASSURANCES
The (Name of Sponsor City Of Bangui ) (hereinafter referred
to as the "sponsor") HEREBY iO TSAT as a ondition to receiving any
Federal financial assistance from the Delartment 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. 20004-4 (hereinafter referred to as the "Act"), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assieted Programs of the Department of
Transportation --Effectuation of Title VI of the Civil Riots 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, no person in the United States shell, on the grounds
of race, calor, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected t0 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 HERESY GIVES ASSURANCE TEAT It
will promptly take any measures necessary to effectuate this agreement.
re
This assurance is required by subsection 21.7(a) (1) of the Regulations,
a copy ofwhich is attacbed.
More specifically and without limiting the above general assurance, the
sponsor hereby gives the following specific assurances with reelect to
AMP Project No. 8-23-0005-02
1. That the sponsor agrees that each "program" and each "facility"
as defined in subsections 21.23(e) and 21.23(5) 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 shell insert the following notification in all
solicitations for bids for work or ®terial subject to the Regulations
and made in connection with AfSp Project No. 8-23-0005-02
and, in adapted form in all proposals for negotiate ag—�-reemnte:
The (Race of Sponsor City Of Bangor ), in
accordance with Title VI of the CSvi1 Rights Act of 1140
TB Stat.
252, 42 U.S.O. 20003 to 20W4 and Title 49, Cede of Federal
Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Rederally-
assisted programs of the Department of Transportation issued
pavement to such Act, bereby notifies all bidders that it
will affirmatively insure that In, any contract entered into
pursuant to this advertisement, minority business
enterprises will be afforded full opportunityto submit
bide to response to this invitation and will not be
discriminated against on the grounds of r 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 financial assistance to
construct a facility, or part of a facility, the a shall extend to
the entire facility and facilities operated in connection therewith.
5. That where the sponsor receives Federal financial assistance in
the form r for the acquisition of real property orn interest i
sal property, the assurance shall extend to rights to space on, over,
or under such propertyr
6. That the sponsor shall include the appropriate clauses set forth
in Attachment 2 of this a covenant running with theland,
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 of n s to apace on under
sal property acquired, use
dtunder the said Airport Development
Aid Program.
]. That this assurance
obligates the sponsor for the period
during which Federal financial assistance is extended to the program
except where the Federal financial assistance is to provide, or is
in the foam of, personal property, or real property or interest
therein orstructures or Improvements thereon, in which case the
assurance obligates the sponsor o any transferee for the lunger of
the following periods: (a) the period during which the property
3a 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. Me 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, other sponsor, sugv contractors,
orM1, sub -
restructure, transferees, successors i
of Federal financial assistance under such program
a
program will crosply with all
requirements Imposed or pursuant to the Act, the Regulations, and this
Page 2
9. The sponsor agrees that the United states Gas A right to seek
judicial enforcement vith regard to any matter arising under the Act, the
Regulations, and this assurance.
PHxs AgSu SE is given in coveidemtl on of and for the purpose of
obtaining any and all Federal grants, loin¢, contracts, property,
discounts, or other Federal financial assistance extended after the
dete bereof to the sponsor by the Department of 1raneportation under the
Airport ievelopment Aid Program of the Federal Aviation Administration
and is binding on it, contractors, subcontractors, transferees,
successors in interest and other portdcipants in Je AW Project No.
B-23-0005-02 The person or persons whose signatures appear
below are aut orifi o sign this assurance on behalf of the sponsor.
City of Bangor
/--TEponsor
Ol /'e
by 'es) /' a�
k3lgnelw' of Authorized ....c1a1)
Airport Manager
ATTACHMENT 1
paring the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
contractor") agrees as follows:
1. Compliance with Regulations. The contractor shell comply with
the Regula ovren-Tos Wo a sco u scrrimination if Federally -assisted
programa of the Mepartant of Transportation (hereinafter, "WT") Title 49
Code of Federal Reguffitions, Met 21, as they nay be amended from time to
time, (hereinafter referred to as the Raguletions), which act herein
incorporated by reference and made a hart of this contract.
2, nondiscrimination. The contractor, with regard to the wort
performed l- ovtract, shall not discriminate on the grounds
of race,color, o nationaloriginin the selection and retention of
subcontractors, including procurements of materials and leases of
equipment. The contractor shall not participate either directly or
indlrertly in the discrimination prbhYblted by section 21.$ of the
Regulations, including employment practices when the contract covers a
program set forth In Appendix H of the Regulations.
3. solicitations for subcontracts, Including Procncemunts of
MaterialsaEquipment.vIn a solicitations ether by competitive
bidding or negotiation made by the contractor for work to he performed
under a subcontract, including procurements a materials or leasee of
equipment, each potential subcontractor or supplier shell be notified
by the contractor of the contractor's obligations wider this contract
and the Regulstleas relative to nondiscrimination on the grounds of
race, color, or national origin.
4. Information and Reports. The contractor shall provide all
informtion a ren a arby the Regulations, or directives
issued pursuant tbereto, and shall permit assets to its becks, records,
accounts, other sources of informstlov, and its facilities as my be
determined by the sponsor or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Regulatloha, orders, am'![
Instructions. where any ivforset3w required of a contractor is in the
exclusive possession of another who fails orrefuses to furnish this
Information the contractor shall s certify to the spbneor or the
Federal Aviation Administration as appropriate, and shell set Porth
what efforts it has wade to obtain the information.
5. Sanctions Yor Noncompliance. m the event of the contractor's
ompllence with the bondlsenmiretion provisions oY this contract,
the sponsor shall impose such contract sanctions as it or the Federal
Aviation Administration my determine to he appropriate, including, but
not limited to --
a. of payments to the coutractor under the
contract until the contractor complies, and/or
b,cellation, termination, or suspension of the contract,
In whole or in part.
6. Incorporation of Provisions. The contractor shall include the
provisions o paragi'ep rou in every subcontract, including
procurements of materials and leases of equipment, unless axempt by
the Regulations or directives issued pursuant thereto. The contractor
shall teas such action with respect to any subcontract or procurement
as the sponsor or the Federal Aviation Administration may direct as a
of enforcing such provisions including sanctions for de -
made of
provided, however, that, in the event a contractor
becomes involved In, or is threatened with, litigation with a
subcontractor or
supplier a result of such direction, the contractor
say requeat the sponsor to enter into such litigation to protect the
Interests of the sponsor and, in addition, the contractor trey request
the United States to enter into such litigation to protect the
interests of the United States.
ATTACHHENT 2
The following clauses shall be included in all deeds, licenses, leases,
permits, or similar instruments entered into by the (Nam of Sponsor)
parsuant to the provisions of Assurance 6(a).
The (Grantee, licensee, lessee, permittee, at,., as appropriate) for
himself, his heirs, personal representatives, successors 1n interest, and
assigns, a a part of the consideration hereof, does covenant and
agree (in the case of deeds and leases add oas a covenant running with
the land') that in the event facilities are constructed, maintained, o
otherwise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a Department of Transportation
program or activity is extesded or for another purpose Involving the
provision of similar services or benefits, the (grantee, licensee, lessee,
permittee, etc.) shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code
of Federal Regulations, ➢epartmeat of Transportation, Subtitle A, Office
of the Secretary, Fart 21, Nondiscrimination in Federally -assisted
programs of the Department of Transportation -Effectuation of Title vl of
the Civil Atghts Act of 1964, add as said Negubst-ons may be amended.
(include In licenses, lenses, permits, etc.)*
net in the event of breach of any of the cbnve nondiscrimination
(lineme ts, (Naof sponsor) shall have the right to 9erminate the
cense, lease, permit, etc.) and to re-enter and repossess :aid land
and the facilities thereon, and hold the same if said (licenses,
lease, permit, etc.) bad never been made or issued.
(Include in deeds.)*
That in the event of breach of any of the above nondiscrimireG on
crescents, (Name of sponsor) small have the right to re-enter said lands
add facilities thereon, add the above described lands and facilities
shall thereupon revert to add vest i and become the absolute property
of (Name of sponsor) and its assigns.
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 Assurance 6(b).
The (grantee, licensee, lessee, permittee, etc., as appropriate) for
Modell, his persona] representatives, suecessord in interest, and
signs, e a part of the .: odalderation hereof, does hereby covenant
s
and agree (in the ca of deeds and leases add ^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 he otharwlse subjected to discrimination in tbe use
of said facilities, (2) that in the construction of any impa9vements
r ender such land and the furnishing of services thereon,
nonperson on the grounds of race, color, ornatioml origin shall be
excluded from participation in, denied the benefits of, or otherwise
be subjected t0 discrimination, (j) that the (greatee, licensee,
lessee, permittee, etc.) shall use the premises in compliance with
all other regnlrements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally -assisted
programs of the pepartmeat of Transportation -Effectuation of Title V1
of the Civil Rights pct of 1964, And as said Regulations my be
amended.
(Inc1We in licenses, leases, permits) etc.)*
That in the event of breach of ary of the above nondiscrimination
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 sam as if said (license,
lease, permlt, 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 lace the right to re-enter said
land and facilities thereon, and the above described lands and
facilities shall thereupon revert to and ¢est in and become the
absolute property of (Pave of sponsor) and its assigns.
* Reverter clause and related langrege to be used only when it is
determined Leet such a clause to necessary in order to effectuate
the purposes of Title vl of the Civil Rights Act of 1964.