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HomeMy WebLinkAboutContracts & Agreements_118-2002_CCv0001.pdf ° ^ U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part|—Ofer ° Date ofOffer: l\|i � i� ���� muv � w �m�� Redlands Municipal Airport Project No. 3-06-0185-08 Contract No. 0TFA08-02-C-21495 TO: City of Redlands (herein called the''8ponoor^) 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 April 29, 2002, for a grant of Federal funds for a project at or associated with the Redlands Municipal Airport Area which Project Applications, as approved by the FAA, are hereby incorporated herein and made part hereof', and WHEREAS,the FAA has approved a project for the Airport orPlanning Area (herein called the ^Pnoject )consisting ofthe following: Install Apron Lighting; Improve Runway 8/26 Safety Area; Rehabilitate Runway 8/26, approximately 4.5O5Mx75ft, Phase 2. all asmore particularly described inthe Project Application. 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 called 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 Application and its acceptance of this Offer as hereinafter provided, and (b)the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90.00 percentum. The 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$150,000.00. 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: $ for planning $ 150,000.00 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 will 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 reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. & 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 30,2002, 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 fraudulently,wastefully, 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, involving 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. Page 2 of 5 Pages 9. 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 projects 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. 10. Pavement Maintenance Management Program: For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, 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". 11. The attached new Part V Assurances are hereby substituted in lieu of those in the Sponsor's Project Application and made a part hereof. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. Page 3 of 5 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 comprise 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. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION '.~.~/ John P. � (Title) Supaniotu"Standards Section ' Part 11 - 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 inthis Offer and inthe Project Application. Executed this 6th dayof August . 2002. CITY OF REDLAND8, CALIFORNIA (Name ofSponsor) By (SEAL) (SEAL) (Sponsor'aDesignated Official Representative) Title Karl N. Haws, Mayor Attest Title: rClerk CERTIFICATE OF SPONSOR'S ATTORNEY 1, Daniel J. McHugh , acting as Attorney for the Sponsor dohereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State ofCalifornia. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper in accordance with the laws of the said State and the Act. |naddition,for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance bythe Sponsor. Further, it)smyopinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Redlands, California, this 7th day of August 2OO2. 4igriature of tonsor's Attorney Page 4ofGPages 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: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: * Location of all runways, taxiways, and aprons * Type of 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 Advisory Circular 15015380-6. Guidelines and Procedures for Maintenance of Airport Pavements,the frequency 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 15015380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. Page 5 of 5 Pages be ASSURANCES .1 Airport Sponsors A. General. I 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 application by sponsors requesting funds under the provisions of Title 49, U.S.C.,subtitle VII, as amended. As used herein,the term"public agency sponsor"means a public agencywith control of a public-use airport;the term'private sponsor,"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. I Airport development or Noise Compatibility Program Projects Undertaken by-a Public.Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain ;n fill force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility 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 funds for the project. 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-There shall be no limit on the duration of the terms, conditions, and assurances With respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2,3,5, 6, 13, 1 E,30,32,33, and 34 in section C apply to 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 I General Federal Requirements. It will comply with all applicable Federal laws,-= regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following- Federal Legislation a. Title 49, U.S.C., subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C. 276(a), et sgq.l C. Federal Fair Labor Standards Act-29 U.S.C. 201, et sM- Airport Assurances(91991- i- 49 CFR Part 20-New restrictions on lobbying. j. 49 CFR Pad 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.'2 m- 49 CFR Pad 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance.' 0. 49 CFR Part 29—Government wide debarment and suspension (non- procurement)and government wide requirements for drug-free workplace (grants). p- 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of counties that deny procurement market access to U.S. contractors. q- 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-I 33-Audits of States, Local Governments,and Non-Proffl: Organizations I -These laws do not apply to airport planning sponsors- 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 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 agreement 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor. It has legal authority to apply for the grant,and to finance and carry out the proposed project that a resolution, motion or similar action has been duly adopted or passed as an official ad of the applicant's governing body authorizing the Ming of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional 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 with 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 application, including all understandings and assurances contained therein;to act in connection with this application,and to provide such additional information as may be required. Airport Assurances (9/99)- 3 e. If-the 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 Title 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. Consultation with Users. In making a decision to undertakd any airport development project under Tifie 49, United States Code, it has undertaken reasonable-consultations with affected parties using the airport at which project is proposed_ 9. 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 economic, social, and environmental effects of the airport or runway location and its consistency with,goals and objectives of such planning-as has been carried out by the community and it shall,when requested by the Secretary,submit a copy Of the transcript of such hearings to the Secretary. Further,for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary 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 Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be`provided within sixty days after the 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 constructed, reconstructed or repaired with Federal financial assistance at the airport- It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project Airport Assurances (9/9a - 5 accordance with regulations and procedures prescribed by the Secretary-Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. Ia. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with 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 a 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- ft will make such material 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 subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. 9- It will grant the Secretary the night to disapprove the use of the sponsor's employees to do all or any pan 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 riot constitute or imply any assurance or commitment on 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 the airport,other than factilifies 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 prescribed by applicable Federal,state and local'agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airports aeronautical facilities whenever required; (2)Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions-, and Airport Assurances (91999)z- 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 similar facilities,subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carder assumes obligations substantially similar to those already imposed on air carriers in such classification or status. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance,repair, and fueling]that it may choose to perform. 9- In the event the sponsor itself exercises 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 providers 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 airport6a's may be necessary for 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 necessary 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 use 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 costly,burdensome,or impractical for more than one fixed-based operator to provide such services, and b. If allowing more 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 either directly or4ndirecty,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,Aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying,air carrier operations, aircraft sales and services,sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of airm-edt sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft 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 Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which Will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport Assurances(91991- (it)all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge,except, if the use by Government aircraft is substantial, charge may be made for a reasonable share,proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that- a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto; or - b. The total number of movements(counting each landing as a movement) of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for Federal Facilities. It will fumish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-66porting and communication activities related to air traffic control,any areas of land or water, or -estate therein, or rights in buildings of the sponsor as the Secretary considers necessary -or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;and(3)the location of all existing and proposed nonaviation areas and of all existing improvements thereon.Such airport layout plans and each amendment, revision,or modification thereof, shall be subject to the approval of the.Secretary which approval shall be evidenced by the signature of a duty authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in theairport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility, or efficiency of any federally owned, leased,or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested,by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary;or (2)bear all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property Airport Assurances (9/99)=- 11 related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under T.Me IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport 33. Foreign Market Restrictions. 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 country during the period 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 carry out the project in accordance with policies, standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 711/1999 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 reimburse 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 and 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 within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity 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 facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its 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 administration of DOT-assisted contracts.The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Pad 26 and may, in appropriate cases, 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). Airport Assurances (9/99) Current FAA Advisory Circulars for A1P Projects Updated on: 711199 7017460-1J Obstruction Marking and fighting 15015000-13 Announcement of Availability—RTCA Inc., Document RICA-221,Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200-30A,CHG 1,2 Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 150/5210-5B Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-713 Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Pians, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 15015210-15 - Airport Rescue&Firefighting Station Building Design 150/5210-18 Systems for interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System(REVS). 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-108 Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 15015220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16B Automated Weather Observing Systems for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20,CHG 1 Airport Snow and Ice Control Equipment 150/5220-21A Guide Specification for lifts Used to Board Airline Passengers With Mobility Impairments 150/5300-13, Airport Design CHG 1,2, 3,4,5 150/5300-14 Design of Aircraft 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 Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-16 Airport Pavement Design for the Boeing 777"Airplane 150/5325-4A, CNG 1 Runway Length Requirements for Airport Design 150/5340-1 G Standards for Airport Markings 150/5340-4C, CNG 1 ,2 installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340-5B, CHG 1 Segmented Circle Airport Marker System 150/5340-14B, CHG 1,2 Economy Approach Lighting Aids 150/5340-17B Standby Power for Non-FAA Airport Lighting Systems 150/5340-18C,CHG 1 Standards for Airport Sign Systems 1-50/5340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Miscellaneous Lighting Visual Aids 15015340-23B Supplemental Wind Cones 150/5340-24,CNG 1 Runway and Taxiway Edge Lighting System 150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems 150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7D, CHG 1 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 15015345-12C 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 Receptacle, Cable Connectors 150/5345-27C Specification for Wind Cone Assemblies 150/5345-28D, CHG 1 Precision Approach Path Indicator(PAPI)Systems 15015345-39B, CHG 1 FAA Specification L853, Runway and Taxiway Centerline Retrorefiective Markers 15015345-42C, CHG 1 Specification for Airport Light Bases, Transformer Housings,.function Boxes and Accessories 15015345-43E Specification for Obstruction Lighting Equipment 150/.5345-44F, CHG 1 Specification for Taxiway and Runway Signs 15015345-45A Lightweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Light Fixtures 150/534547A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L854, Radio Control Equipment 150/5345-50, CHG t Specification for Portable Runway Lights 15015345-51, CHG 1 Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope indicators(GVGI) 150/5345-53A Airport Lighting Equipment Certification Program (including addendum) 15015360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12A Airport Signing&Graphics 15015360-13, CHG 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction 15015370-68 Construction Progress and Inspection Report-Airport Grant Program 150/5370-10A, CHG 1,2, Standards for Specifying Construction of Airports 3,4, 5,6,7, 8, 9 150/5370-11, CHG 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 15015390-2A Heliport Design 150/5390-3 Vertiport Design