Repository: UIHistories Project: Board of Trustees Minutes - 1970 [PAGE 426]

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426

BOARD O F TRUSTEES

[June 18

any of its programs subject to Executive Order 11246 until satisfactory assurance of future compliance has been received from such applicant, or may refer the case to the Department of Justice for appropriate legal proceedings. 9. It is understood and agreed that each contract awarded for construction work under this project is subject to the provisions of the Work-Hours Act of 1962, Public Law 87-581. It is further understood and agreed that each contract will contain stipulations requiring the contractor or subcontractor to pay wages to all laborers and mechanics employed on work in conformance with the provisions of the Act and that the Sponsor may withhold or cause to be withheld from the contractor or subcontractor so much of the accrued payments as may be considered necessary to pay laborers and mechanics employed by any such contractor or subcontractor on the work the full amount of wages required by the contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided by the Act. It is also understood and agreed that, in the event of failure of any contractor or subcontractor to pay any laborer or mechanic employed or working on the site of the work all or part of the wages required by the contract, the F A A may, after written notice to the Sponsor, withhold from the Sponsor so much of the accrued payments or advances representing unpaid wages and liquidated damages. 10. The Sponsor hereby convenants and agrees that its financial records of the project, established, maintained and made available to personnel of the FAA in conformity to Section 151.55 of the Regulations of the Federal Aviation Agency (14 CFR 151) will also be available to representatives of the Comptroller General of the United States. 11. By its acceptance of this Grant Offer the Sponsor agrees that insofar as is within its powers and to the extent reasonable, the Sponsor will take action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and take-off of aircraft, in furtherance of its undertaking as set forth in Paragraph 13 of Part I I I — Sponsor's Assurances of the aforesaid Project Application. 12. By its acceptance hereof, the Sponsor hereby convenants that to the extent it has or may have either present or future control over each area identified on the Exhibit " A " as "clear zone," and unless exceptions to or deviations from the following obligations have been granted to the Sponsor in writing by the FAA, it will clear said area or areas of any existing structure or any natural growth which constitutes an obstruction to air navigation with the standards established by Section 77.23 as applied to Section 77.27, P a r t 77 of the Federal Aviation Regulations; and the Sponsor further covenants that it will control the subsequent erection of structures and control natural growth to the extent necessary to prevent the creation of obstructions within said standards. 13. T h e Sponsor hereby further convenants that it will not permit any permanenttype structures, other than structures required for aids to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, and that it will cause any existing structures to be removed from, each area identified on the Exhibit "A" as "clear zone" or any portions thereof, concerning which the Sponsor has acquired a fee interest with Federal financial assistance, irrespective of whether such structures constitute an obstruction to air navigation. 14. It is hereby understood and agreed by and between the parties hereto that Paragraph 7 of Part I I I — Sponsor's Assurances of the aforesaid Project Application shall be considered to be amended by deletion of the words "Section A of F A A Technical Standard Order No. N18 or Advisory Circular (AC) No. 150/5300.1, whichever is applicable according to the currently approved Airport Layout Plan," and by substitution therefore of the following: "Section 77.23 as applied to Section 77.27, P a r t 77 of the Federal Aviation Regulations." 15. It is understood and agreed that the terms "Administrator of the Federal Aviation Agency," "Administrator" or "Federal Aviation Agency" wherever they appear in this Agreement, in the Project Application, plans and specifications or other documents constituting a part of this Agreement shall be deemed to mean