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HomeMy WebLinkAboutResolution 2001-054 grant agreement for marana airport planning area MARANA RESOLUTION NO. 2001-54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION FUNDING FOR RUNWAY SAFETY IMPROVEMENTS, CONFIRMING THE ALLOCATION OF FUNDS FROM THE TOWN'S CAPITAL IMPROVEMENT PROGRAM, AND SEEKING FUNDS FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Town Council did approve Resolution No. 99-65, authorizing the execution of an Intergovernmental Agreement for the purpose of transferring the Avra Valley Airport ~om Pima County to the Town of Marana; and, WHEREAS, the Mayor and Council find that Runway 03/21 has substantial asphalt degradation and structural failure, and that a large drainage ditch and embankment are located within 200 feet oftbe approach end ofRunway 21, posing a serious hazard to airera~ using the runway and their passengers; and, WHEREAS, the Mayor and Council have determined that it is in the best interests of the Town and its residems to fund the Runway 03/21 Rehabilitation and Runway Safety Area Improvements, Phase I, project; and, WHEREAS, the Federal Aviation Admini~ration (FAA), FAA project number 3-04-0058-07, has offered to grant the Town $939,172.00 for partial funding of tbe project; and, WHEREAS, acceptance of the FAA grant offer will require the Town to provide $48,475.00 in matching funds; and, WHEREAS, the current fiscal year's Capital Improvemem Program for the Town contains sufficient matching funds for this project; and, WHEREAS, additional funding is necessary for the completion of the project. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town accepts the FAA's grant offer. BE IT FURTHER RESOLVED that the Town Manager is directed to execute and manage the Grant Agreemem, attached hereto as Exhibit A, and incorporated herein by this reference. BE IT FURTHER RESOLVED that the Town's officers and staffare authorized to take all steps necessary and proper to give effect to the Grant Agreement. Page 1 of 3 BE IT FURTHER RESOLVED that $48,475.00 be a//ocated fi.om the Capital Improvement Program for the purpose of providing matching funds for the FAA grant. ' BE IT FURTHER RESOLVED that the Town Manager is directed to apply to the Arizona Department of Transportation for a matching state grant. PASSED AND ADOPTED by the Mayor and Council oftbe Town of Marana, Arizona% this 22'd day of May, 2001. ATTEST: ~on, Jr. J. Hoc u ' as Town Attorney and not personaily Marana, Arizona Resolution No. 2001-54 Page 2 of 3 EXHIBIT A [GRANT AGREEMENT] Marana, Arizona Re~olution No. 2001.54 Page 3 of 3 U.S. Department of Transportation Federal Aviation Adm Jnistrafion GRANT AGREEMENT Part I - Offer Date of Offer API 1 § 2001 Marana Northwest regional Airport/Planning Area Project No. 3-04-0058-07 Contract No. DTFA08--01-C-21372 TO: Town of Marana, Arizona (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA Project Application dated 2/15/2001 for a grant of Federal funds for a project at or associated with the Marana Northwest Regional Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Rehablilitate Runway 3/21 and improve Runway Safety Area. Phase I. all as more particularly described in the Project Application. Page 1 of 4 Pages NOW ;THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein ca/led the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public Application and from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, AND AGREES to pay, as the United States share of the allowable costs THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS percentum of those eligible project costs, incurred in accomplishing the Project, 91.06 .~he Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $939,172.00. For the PUrposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $939,172.00 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement w/Il be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA resen~es the right to amend or withdraw this offer at any time prior to/ts acceptance by the sponsor. 6. 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 31, 2001) or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fi'audulently, wasteful/y, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, thvolving the recovery of such Federal share shall be approved in advance by the Secretary. 8.The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. The attached Part V Assurances dated 9/99, incorporated hereto with the Grant Offer, ara hereby substituted in lieu of those in the Sponsor's Project Application and made a part hereof. Page 2 of 4 Pages 10. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States, to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 1 I. P. avement Maintenance Management Program: For a project to replace or reconstruct pavement at the a~rport, the sponsor shall implement an effective pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use ~uch program for the useful life of any pavement constructed, raconstmcted, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in the attached outline entitled "Pavement Maintenance Management Program". 12. The Sponsor agrees to perform the following: 1. Furnish a construction management program to FAA pdor to the start of constn~tion which shall detail the measures and procedures lo be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The pFogram shall include as a minimum: a. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authorffy to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing. and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). d. Qualifications of engineering supervision and construction inspection Personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, ara undertaken. 2. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and material. An intedm test and quality control report reasons for accepting any out-of-tolerance shall be submitted, if requested by the FAA. 3. Failure to provide a complete report as described in Paragraph 2, or failure to perform such tests, shall, absent of any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of requ red tests nat performed or not documented and wilt be commensurate with the proportion of applicable pavement w/th respect to the to~al pavement constructed under the grant agreement. 4. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor tests results ara inaccurate. Page 3 of 4 Pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall COmpdse a Grant Agreement, as provided by the Act, COnstituting the COntractual obligations and rights of the United States and the Sponsor with respect to the acCOmplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall beCOme effective upon the Sponsor's acceptance of this Offer. ~./D. ERAse/. A~TiON ADMINISTRAT, ON Supervisor, Ar~ona Standards Section Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, COvenants, and agreements COntained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to COmply with all of the terms and conditions in this Offer and in the Project Application. EXecuted this day of ~ 2001 (Name of Sponsor) (SEAL) B~ (Sponsor's Designated Official Representative) Title Attest: Title: _CERTIFICATE OF SPONSOR'S AT I, , acting as Attorney for the Sponsor do he Part Jl. Acceptance, on ibis ~ags. _ ~e Sponsor should be en:~c -] ~nd~r That in my opinion ~e Sponsor ~s empowered to enter into ~e foreg~ b. ~e dale of ~e Ce~ificate State of ~zona. Fu~er, I have examined the foregoing Grant Agree and Sponsors offidal mpresen~tive has been duly authored and th~ d ~r~ A~omey ~ the and proper in a~ordan~ w~h the laws ~ ~e said State and ~e A~. ~e or lair ~ the dale of ~ed out on pmpe~ not owned by ~e Sponsor, there am no legal i~ by the Sponsor. Fu~her, ~ is my opinion ~at the said Grant Agr~mer the Sponsor in a~ance with ~e te~s ~ereof. Dated at this .., day of ,2001 Signature of Sponsor's Attorney '~' Page 4 of 4 Pages PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: ' --. I. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: * Location &all runways, taxiways, and aprons * Type &pavement * Dimensions * Year of construction or most recent major rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisoc~ Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the fi'equency of inspections may be extended to 3 years. b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for M. aintenance of Airport Pavements, for specific guidelines and procedures for maintaining an'port pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. ASSURANCES Airport Sponsors A. General. · !. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. . These assurances are required to be submitted as part of the project app cation by sponsors requesting funds under the provisions of T~e 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency'with control of a public-use airport; the term "private spon.sor" means a private Owner of a public-use airport; and the term 'sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. ,. 1. Airport development or Noise Compatibility Program Projects Undertaken by-a ,,,,.~ ,~,u =rrec[ ~nrougnout me use~u! life of the facilities de~loped or equipment acquired for an airport development or noise compatib~ity program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal fonds for the projecL However, there shall be no limit on the duration Of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Them shall be.no limit on the duration of the terms, conditions, and assurances ~ respect fo raaJ property acquired with federal funds. Furthermore, the duration of the C~'I Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a'Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items insfaailed w~in a facility or the useful life of the fac~litias developed or equipment acquired under an airport development or noise compatibility program project shall be no lass than ten (10) years fi'om the date of acoeptanca of Federal aid for the project. 3. 'rport Planning Undertaken by a Sponsor. Unless othenvise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in sec~on C apply fo planning projects. The terms, ' conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, -~- regulations, executive orders, policies, guidelines, and requirements as they relate to the application, accapfance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. T~e 49, U.S.C., subtitle VII, as amended. ' b. Davis-Bacon Act- 40 U.S.C. 276(a), et seq.~ .~ c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seo. A~OK A~-.ui,~ .c~s (9/99}-- 1 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civ~ Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. - I. 49 CFR Part 24 - Uniform relocation assistance ~nd real property acquisition for Federal and federally ~s!sted progmms.~ m. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. · 49 CFR Part 27 - Nopdischminafion on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance.~ o. 49 CFR Part 29 - Government wide debarment and suspension (non- procurement) end government wide requirements for dmg-f~ee workplace (grants). p. 49 CFR Part 30 - Denial of public works cqntmcts to suppliers of goods and services of counb'ies that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal a. nd federally ass sted or regulated new building consfl-ucfice.~ Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with~State and Local Governments. b A-133 - Audits of States, Local Governments, and Non-Profit Organizations ~ These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 end OMB Circular A-87 contain requirements for State and uL~oOCaln ~o.vernm, e, nts .r~?iving Federal assistance. Any require~-nent levied p n ~mte aaa Local Governments by this mgiJlation end c~ular shall also be applicable to private sponsors receiving Federal assistance t~nder TitJe 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreemenL 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor:. It has legal authority to apply for the grant, end to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing ,of the application, including all unde,$;~.~dings end assurances contained therein, and directing end authorizing the person identified as the official _ representative of the applicant to act in connec§on with the application -" and to provide such addfflonal information as may be required.' b. Private Sponsor:. It has legal authority to apply for the grant and to finance and carry out the proposed project and comply ~ all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this appi~c~;;on, including all understandings end assurances contained therein; to act in connection wfth this application; end to provide · such additional information as may be required. Airport Assurenc~...s. (9199)-- 3 e. If~he sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public- ~ use airport in accordance with these assurances for the duration of these assurances° f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure · that the airport will be operated and maintained in accordance T'~e 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration 'of Local Interest. it has given fair consideration to the interest of communities in or near where the project may be located. 8. .G=onsultafion with Users. In maldng a decision to undertak~ any airport development project under TrUe 49, United States Code, it has undertaken reasonable, consultations · w~ affected parties using the airport atwhich project is proposed. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the eO°nomic, social, and environmental effects of the airport or mnw location and its consistency wide. goals and objectives of such planning as has been carried, out by the Community and it shall, when requested by the Secretmy, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board ehher voting representation from the communiflas where the project is located or has advised the communrdes that they have the right to petition the Secretary concerning a proposed projecL 10. Air and Water Quality ~tendards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the slate in which the project is located to certify in writing to the 8ec~- ~nj that the project will be located, designed, COnstructed, and operated so as to comply with applicable air and water quality standards.. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the AdminLsl,~[or of the Environmental Protection Agency, certifica~on shall be obtained from such Administrator. Notice of certification or refusal to cerffy shall beiprovided wi~in sixty days after th~ project application has been received by the Secretary. .... 11 .... Pavement Preventive Maintenance. With respect to a project approved.after January 1, ---- 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement consfl'ucted, reconstructed or repaired with Federal financial assistance at the airporL It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerei:luisites, For projects which include terminal d~velopment at a public use airport, as defined in T'fde 49, it has, on the data of submittal of the project Airport Assuran .c. ps (9/99)=- 5 accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress repo~ng by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the ~Pproved program narral~ve contained in the project application or wi~ the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such matedal available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States Or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. ~ f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subconf~'actors to do all or any pert of this project es well es the right to disapprove the pmpesed scope and cost of professional services. g. It will grant the Secretary the ~ight to disapprove the use of the sponsor's ' employs, to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's. approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment bn the part of the Secretary to approve any pending or future application for a Federal airport grant. · 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of lhe alrpod, other than facilitiss owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescn]3ed by applicable Federal, state and local:agencies for maintenance and operation. Itw~l hot cause or permit any activity or ac'don thereon which wOUld interfere ~ its use for airport purposes. It ..... vail suitably operate and maintain the airport and all facilities thereon or .. connected therewith, with due regard to climatic and tiood conditions. Any proposal to temporarily close the airport.for non-aeronautical purposes must first be approved by the Secretary. In furr:herance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Pro'raptly marking and lighting h~7~rds resulting fi.om airport conditions, including temporary conditions; and Airport A~$~ra~c.~s. (9/99)-" 7 conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are -. applicable to all such air carriers which make similar use of such airport and utilize sim~ar facilities, subject to reasonable classifications such as · tenants or nontenants and signatory carriers and nonsignatory cardem. Classification or status'as tenant or signatory shall not be unreasonably withheld by any airport provided an air carder assumes obligations subsfanfially similar to those already imposed on air cartiere in such classification or s~s. f. It will not exercise ~r grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport f~m performing any se~ices on ~ own aircraft with its own employees [inciuding,.but not limited to maintenance, repair, and f~eling] that it may g. In the event the sponsor itself exarcises any of the rights and privileges referred to in this assurance, the services involved.will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service provid&rs authorized by the sponsor under these provisions. , h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport/~s may be necessary far the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necassa~y for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the usa of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:. a. It would be unreasonably cnsfly, burdensome, or impractical for more than one fixed-based operator to provide such san, ices, and b. If allowing mom than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, eflhar directly or,indirscfly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, a;,~, aP, rental end sightseeing, aerial photography, crop dusting, aerial advertising end surveying, air carrier operations, alru~a~[ sales and services, sale of aviation petroleum products whether or not conducted in conjunction wffh other aeronautical activity, repair and maintedance of airc~ =?~, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of a;,~,,=;i can be regarded-as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport ..:_ before the grant of any assistance under Ttlte 49, United States Code. 24. Fee and Rental Structure. it will maintain a fee and rental structure for the facilities and s.ervicas at the airport which will make the airport as self-sustaining as possible under the c~rcumstances existing at the pa~cular airpo~ taking into account such factors as the volume of traffic and economy of collection. No peri of the Federal share of an airport development, airport planning or noise sompafl'bility prelect for which a_grant is mede under Title 49, United Ststas Code, the Airport and Airway Improvement Act of 1982, the Federal Airpofl~ct or the Airport Assu~=,,~.=~. (9199)-- 9 related services with respect to the project in the same manner as a contract for archRectural and engineering serv cas is negotiated under TrUe D( of the Federal Pro e and Administrative Services Act of 1949 or an ~'~uivalent ......... p rty prescribed for or by the sponsor of the airport.TM qu.=z~Cardons-Daseo requirement 33. Foreign Market Restric~dons. it will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign -Counfzy during the pedod in which such foreign Country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will cany out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the ' adwsory circulars listed in the Current FAA Advisory Circulars for AlP projects, dated ~ and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) it will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reirnburs& property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C end fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available wi~in a reasonable period of time prior to displacement, comparable replacernent dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intareity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special faoliitias for intercity buses or for other medas of transportation. 37. Disadvantaged Business Entarprisea. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award end performance of any DOT-a-~isted contract or in the adminL~b.=;;on of ils DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and adminL~:,,=Lion of DOT-assisted contracts. The reclpient's DBE program, as required by49 CFR Part 26, and as incorporated by re/urenco in this agreement. Implementation of thiasPsproved by DOT, is · ' - . program is a legal obhgation and failure fo carry out its terms shall be treated as a violation of this agreemenL Upon notification to the recipient of its failure to carry out its approved program, the Depadment may impose sanctions as provided for under Pad 26 end may, in appropriate casas, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 13 Current FAA Advisory Circulars for AlP Projects Updated on: 7/1/99 70/7460-1J Obs~on Ma~ng and Lighting 150/500~13 ~noun~m~t of A~ilabili~-RTCA Inc., Do.merit RTCA-~I, Guidan~ and R~mmend~ Requimm~ f~ N~o~ Su~ Movem~t Sentra 1~/510~14C ~ml, ~gin~dng, ~d Planning Consul~nt ~ ~r N~o~ Grant 150/5200-30~ CHG 1, 2 ~od ~nter Sa~ and Op~fions 150/520~ H~ous ~ldlEe A~ On or N~r N~o~ 150/521~5B Painting, Ma~ng and Ughfing of Vehid~ Used on an Ai~ 1 ~/521~7B ~r~ff Fire ~d R~e ~mmuni~fions 50/521 ~13A Wat~ R~e Pl~s, Fa~li~, and Equipment ~/521 ~14A ~o~ F~ ~d R~e P~nn~ Pmt~ CIo~g 1~/521~15 ~o~ ~e & F~flghfing ~ Building D~ign 1~/521~18 ~ ~r In~e Tm~ing ofN~ Pemonnel 150/521~19 D~s ~h~ ~i~ ~m ~S). ~/5~B Wat~ Supp~ ~ ~r ~ Fire and R~e Pint.on 50/~0-10B Guide S~n ~r W~ T~e ~ R~e and F~gh~g V~i~ 1~/5~13B ~n~ S~ ~nd~n S~or Sp~n Guide ~/~16B ~ W~ Obs~g ~ ~r NonF~l ~pli~ 1~/5~17A D~ S~da~s for ~r~a~ R~e R~ghfing Tmin~ F~ 50/5~18 Buildin~ ~ S~e and Main~n~ of N~o~ Sn~ ~d I~ ~n~l Equipm~t ~d Ma~ls 150/5~19 Guide S~fion ~r Small, Dual-Agent N~ R~e and R~ghfing Vehi~ 1~/5~20, CHG 1 N~ Sn~ ~d I~ ~n~l Equipment 50/5~21A Guide Sp~aon for ~ Us~ to Bo~ ~dine P~eng~ ~ MobJl~ Imp~en~ ~/530~13, N~ D~ign CHG 1,2, 3,4, 5 150/5300-14 Design of Air~i Deicing Facilities 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-5B Airport Drainage 150/5320-6D Airport Pavement Design and Evaluation 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistent Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-16 Airport Pavement Design for ~he Boeing 777,Airplane 150/5325.4A, CHG I Runway Length Requirements for Airport Design 150/5340-1G Standards for Airport Maridngs 150/5340.4C, CHG 1,2 lnstellatiOn Deteils for Runway Centedine Touchdown Zone Lighting Systems 150/5340-5B, CHG 1 Segmented Circle A/rport Marker System 150/5340-14B, CHG 1, 2 Economy Approach Ughfing Aids 150/5340-17B Standby Power for Non-FAA Ai.'rport Lighting Systems 15015340-18C, CHG 1 Standards for Airport Sign Systems 150/5340-19 Taxiway Centerline Lighting System 1 50/5340-21 Airport Miscellaneous Lighting Visuat Aids 1 $0/5340-23B Bupplemeetal W'md Cones -" 150/5340-24, CHG 1 Runway and Taxiway Edge ~Jghfing System 150/5340-27A Air-to-Ground Radio Conl~'ol of Airport Lighting Systems 150/,5345.3D Bpecif, ca[ion for L821 Panels for Remote Cona-o! of Airport Ligh'dng 150/5345-5A Circu/t ~atector Switch 150/5345.7D, CHG 1 Bpecification for 1.824 Underground EJec~'icat Cable for Nrport Lighting Circuits 150/5345-10E Specification for Constant Currant Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet ASsembly for Pilot control of Airport Lighting Circuits 150/5345-26B, CHG 1, 2 Specification for L823 Plug and Reeeptecte, Cable Connectors 150/5345-27C Specification for Wind Cone Assemblies "'