18-DELIBERATE/POSSIBLY ACT ON RES APPROVING/AUTHORIZING EXECUTION OF AIRPORT PROJECT PARTICIPATION AGREEMENT WITH TXDOT AVIATION AT COX FIELD AIRPORT

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31, 1987, was notified by the operator ar owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d Disposition of such land under (a) (b) or (c) wil] be subject to the retention or reservation of any interest or right therein necessary to enswe that such land will on]y be used for purposes which are compalible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, plaruiing studies, feasibility studies, architectural services, preliminary engineering, design, engineering surveying, mapping or related services with respect to the project in the same manner as a contract for architectwal and engineering services is negotiated under Title 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 ofa 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 far 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 (the latest approved version as of this grant offer) 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 oftime prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of49 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 trarisportation 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 shal] 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 ofDOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Parl 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 ireated as a violation ofthis agreement. Upon notification to the recipient of its failure to carry out its approved program, the Depariment may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/ar the Program Fraud Civi] Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a 27 of 35 1.17