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HomeMy WebLinkAboutRESOLUTION - 29-01 - 6/12/2001 - AGREEMENT/IDOT/DIV OF AERONAUTICSRESOLUTION NO. 29-01 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT OF LIMITED AGENCY BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE DEPARTMENT OF TRANSPORTATION, STATE OF ILLINOIS, DIVISION OF AERONAUTICS (LUTHERAN SCHOOL OF THE HOLY SPIRIT) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: AGREEMENT OF LIMITED AGENCY Federally Assisted Soundproofing Project Federal Project Number 3 -17 -0022 -AJ Illinois Project Number ORD -2881 a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 12th day of June 2001. APPROVED this 12th day of June 2001. Craig B. Johnson Mayor ATTEST: Ann I. Walsh Village Clerk reso6021DOTFaa.doc AGREEMENT OF LIMITED AGENCY BETWEEN Village of Elk Grove Village AND THEpEPARTMENT OF TRANSPORTATION STATE OF ILLINOIS DIVISION OF AERONAUTICS AGREEMENT OF LIMITED AGENCY Federally Assisted Soundproofing Project Federal Project Number 3 -17 -0022 -AJ Illinois Project Number ORD -2881 THIS AGREEMENT made and entered into by and between the Illinois Department of Transportation, Division of Aeronautics of the State of Illinois (hereinafter referred to as "Division"), for and on behalf of the State of Illinois, and the Village of Elk Grove Village (hereinafter referred to as "Municipality"). WITNESSETH: WHEREAS, the Municipality has undertaken the improvement for sound reduction of an educational facility, known as Luthern School of the Holy Spirit in Elk Grove Village, Illinois (hereinafter referred to as "School"); and WHEREAS, the Municipality desires to sponsor a project for the aforesaid sound reduction of said School under Federal Project Number 3 -17 -0022 -AJ under Title 49, U. S.C., Subtitle VII, as amended, and the regulations promulgated pursuant thereto; and WHEREAS, the Municipality has accordingly requested Federal financial assistance in the accomplishment of Federal Project Number 3 -17 -0022 -AJ and responsive thereto the Federal Government, through the Federal Aviation Administration (FAA), has issued to the Municipality a tentative allocation in the sum of Eight Hundred Twenty -Eight Thousand Dollars ($828,000.00). 2 WHEREAS, the Municipality and the School have entered into a contractual agreement as required by the Federal Grant, which agreement is incorporated into this Agreement by reference; and WHEREAS, the Municipality has requested the Division to act as its agent in certain matters connected with said Federal Project Number 3 -17 -0022 -AJ pursuant to Illinois Aeronautics Act; and WHEREAS, the parties intend (a) to fix their respective responsibilities, with reference to each other, with reference to the accomplishment of said Federal Project Number 3 -17 -0022 - AJ and with reference to participation by the United States; and (b) to designate the Division to accept and disburse all funds and payment of the Federal Government and the Municipality used or to be used in payment of the costs and expenses as shall have been incurred by the parties hereto or either of them. NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of this Agreement and the respective covenants herein contained, it is mutually covenanted and agreed as follows: The Municipality shall be the "Sponsor" of the project above identified, except as set forth in paragraph 2 below. 2. The Division shall contribute assistance to the extent hereinafter stated, and shall furnish project reporting liaison with the Federal Aviation Administration. 3. As between the Municipality, the Division, and the FAA, the Municipality shall be the contractual party to such construction contract or contracts as shall be entered into for the accomplishment of the project, subject only to the provisions hereinafter set out. 4. Plans, specifications and estimates for said project have been prepared by, at the insistence of, or on behalf of the Municipality, copies of which will be submitted to the Division. The Municipality will cause to be provided adequate, capable and qualified Illinois licensed resident project engineer(s) and materials testing technician(s). The Municipality will further cause to be prepared and transmitted such project reports as shall be required by the Federal Aviation Administration, or the Division, including semi- final and a final inspection report on the project work (or, if more than one construction contract is involved, then on each phase of the project work which is covered by separate contract). In its final inspection report or reports, the Resident Engineer shall certify to the Municipality and the Division that the work involved has been fully completed in accordance with the plans, specifications and contract (as the same shall have been modified or supplemented by change order, supplementary contract, or otherwise) and that such work is accepted. 6. The Municipality hereby designates the Division, as its Agent, and the Division hereby accepts said designation to act as Agent for the Municipality: (a) To exercise such direction of the project work as its personnel will permit but limited to a determination that the project is being completed in accordance with plans and specifications. Neither the Division nor the FAA shall be held responsible or be chargeable for any damage resulting from performance or attempted performance of said project work or for any other cause or reason, including worksite safety. (b) To accept, receive, and deposit with the State Treasurer any and all funds granted, allowed, and paid or made available by the United States under applicable airport development legislation and Congressional appropriations made pursuant thereto, and to disburse upon State warrant such funds in the payment of such project costs as the Division shall determine to be earned and payable. The Municipality will be a signatory party, in its own name, stead, right and behalf, to the Project Application made or to be made to the FAA; to the acceptance of such Grant Offer as shall be tendered by the FAA; to such Grant Agreement as shall be executed; and all applications for Grant Payment. 8. The estimated total cost of said project will be One Million Thirty -Five Thousand Dollars ($1.035.000.00); and a Grant Offer from the FAA will be tendered in the amount ofEieht Hundred Twenty -Eight Thousand Dollars ($828,000.001; and Accordingly, it is estimated that the non-federal share of Federal Project Number 3 -17- 0022 -AJ will be Two Hundred Seven Thousand Dollars ($207,000.00); and that the City of Chicago will contribute one hundred percent of the non-federal portion of Two Hundred Seven Thousand Dollars ($207,000.00) for Federal Project Number 3 -17 -0022 - AJ and 9. The Municipality agrees to obtain permission for the Division, the FAA and/or their duly authorized agents to enter the School premises, without expense to the Municipality or the School, for purpose of monitoring and metering sound levels, both inside and outside the school buildings both before the construction work is commenced and after the 4 construction work is completed for the sole purpose of testing and evaluating the effectiveness of the soundproofing methods employed. 10. Obligations of the Division will cease immediately without penalty or further payment being required in any fiscal year the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for this Agreement 11. The Municipality shall maintain, for a minimum of five years after completion of the contract, adequate books, records and supporting documents to verify amounts, receipts, and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records, and supporting documents shall be available for review and audit by the Illinois Department of Transportation (hereinafter referred to as "IDOT") to the extent authorized by law. Any audit conducted by IDOT will be solely related to this grant and the Municipality agrees to cooperate fully with any audit that IDOT is authorized by law to conduct and to provide full access to all relevant materials concerning the work performed. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any state funds paid by the State for which adequate books, records, and supporting documentation are not available to support their purported disbursement. Nothing in this Agreement is intended to expand or diminish IDOT's auditing powers beyond those provided to IDOT pursuant to law, if any. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and their respective seals affixed as of the dates respectively hereinafter set forth. (SEAL) DATE: (SEAL) ATTEST: Ann I. Walsh Village Clerk DATE June 12, 2001 STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 5 Director Village of Elk Grove Village BY: Craig B. Johnson Village President \� ƒ B _ ƒ 3 3 � ; \ U) 0 CL ® LL \ + § \\ & )/ z0 w �C00 \/ (r 0 0 °Eg.. (33) z222 4) a) 3za3 /6 6 CS, -J )&oe� co \ \ co 0oa 00 § 2 / # - L e �:Ct \ In co -\ N to z _ co co CQ \ § ={�42 :. � + /6 6 CS, -J 3]C' co \ \ co 0oa 00 § 2 / # - L e �:Ct f\ co -\ N to z _ co co CQ \ § ={�42 :. � + ]ƒi at % z C%j' @ /6 6 & �ƒ8ƒy CS, -J co \ \ co 0oa 00 z & �ƒ8ƒy CS, -J \ \ 0oa f z 2 / # - L e :0 co -\ N to z _ co co CQ \ § ={�42 :. � + w � CS, -J \ \ � f z 2 / k - j e :0 co -\ N to z _ co co CQ \ § ={�42 :. � + ]ƒi at % z C%j' @ w � as f 2 3 a �' a CS, -J \ )�\ � f z 2 / k - j 7 \ co as f 2 3 a �' a z )�\ � f z 2 E ƒ k - j > \ co 10 E N to z _ co co CQ \ § z )�\ � f z 2 E ƒ k - j > \ 10 E 2 to z _ / E z z 2 E ƒ k - j > \ 10 E 2 S z _ / E \ § :. � + AGREEMENT This Agreement is made and entered into by and between the Village of Elk Grove Village, Illinois (hereinafter referred to as the "Municipality') and the Lutheran Church of the Holy Spirit (hereinafter referred to as the "School Owner"). WHEREAS, as the Municipality in its resolution adopted June 12, , 2001, and the School Owner in its resolution adopted , 2001, approved participation in a federally funded project to soundproof Lutheran School of the Holy Spirit, the parties hereto, by this Agreement, intend to fix their respective responsibilities as approved in the above cited resolutions, with references to the accomplishment of said project. NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of this Agreement, it is mutually convened and agreed as follows: The above-cited resolutions are hereby made a part of this Agreement. Each party will abide by the respective responsibilities in the resolutions. III. In addition to responsibilities in the above-cited resolutions, the School Owner hereby assures and certifies that with respect to Grant No. 3 -17- 0022 -AJ between the Federal Aviation Administration and the Village of Elk Grove Village, Illinois, it will comply with the following Assurances. IV. Assurances — Noise Compatibility Program Projects Undertaken by Nonairport Sponsors (attached hereto). V. Federal Taxpayer Identification Number The following statement is made under the penalty of perjury: 'The Lutheran Church of the Holy Spirit correct Federal Taxpayer Identification Number is VI. Bribery — The Lutheran Church of the Holy Spirit certifies that It has not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor has it made an admission of guilt of such conduct which is a matter of record, nor has an official, agent or employee of the Lutheran Church of the Holy Spirit committed bribery or attempted bribery on behalf of it and pursuant to the direction or authorization of a responsible official of the Lutheran Church of the Holy Spirit, nor has the Lutheran Church of the Holy Spirit been barred from being awarded a contract or subcontract under Section 10.1 of the Illinois Purchasing Act, Craig B. Johnson Approved Village of Elk Grove Village Approved Lutheran Church of the Holy Spirit Date June 12, 2001 Date Appendix 3 ASSURANCES Nonairport Sponsors Undertaking Noise Compatibility Program Projects A. General. B. W 1. These assurances shall be complied with in the performance of grant agreements for noise compatibility projects undertaken by sponsors who are not proprietors of the airport which is the subject of the noise compatibility program. 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. Sponsors are units of local government in the areas around the airport which is the subject of the noise compatibility program. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. Duration. The terms, conditions, and assurances, of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired or throughout the useful life of the items installed under the project, but in any event not to exceed twenty (20) years from the date of the acceptance of a grant offer of Federal funds for the project. However, there shall be no time 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 as specified in the assurance. 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, 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 seq. C. Federal Fair Labor Standards Act - 29 U.S.C. 201 et seq. d. Hatch Act - 5 U.S.C. 1501, et seq. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq. f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 - 469 through 469c. h. Native American Grave Repatriation Act - 25 U.S.C. Section 3001, et seg. I. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) -42 . U.S.C. 4012a. I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. 0. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. P. American Indian Religious Freedom Act, P.L. 95-341, q Architectural Barriers Act of 1968 - U.S.C. 4151, et seq. r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373. S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. t. Copeland Antikickback Act -18 U.S.C. 874. U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. Nonairport Sponsor Assurance (5/97) Appendix 3 V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity Executive Order 11990 - Protection of Wetlands Executive Order 11998 - FloodPlain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates. e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction. g. 41 CFR Part 60 - Office of Federal contract compliance programs, equal employment opportunity, Department of Labor (Federal and federally -assisted contracting requirements). h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. 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 to the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation of minority business enterprise in Department of Transportation programs. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition regulation for Federal and federally assisted programs. M. 49 CFR Part 27 - Non -Discrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance. n. 49 CFR Part 29 - Governmentwide debarment and suspension (non -procurement) and governmentwide requirements for drug- free workplace (grants). 0. 49 CFR Part 30 - Denial of public work contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. P. 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-128 - Audits of State and Local Governments. 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. 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 act of the applicant's governing body authorizing the filing of the application, including Nonairport Sponsor Assurance (5/97) Appendix 3 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. 3. Sponsor Fund Availability. a. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. b. It has sufficient funds available to ensure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. For projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which k Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. S. Preserving Rights and Powers. a. It will not enter into any transaction, or take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property, for which it holds good title and upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement, without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and making binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. C. For all noise compatibility projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that governmental unit. Except as otherwise specified by the Secretary, that agreement shall obligate that governmental unit to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility project. That agreement and changes thereto must be approved in advance by the Secretary. d. For noise compatibility projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. 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. For noise compatibility projects to be carried out on property which is not owned by the sponsor and which is under the land use control or authority of a public agency other than the sponsor, the sponsor shall obtain from each agency a written declaration that Nonairport Sponsor Assurance (5/97) Appendix 3 such an agency supports the project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records should be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General no later than six (6) months following the close of the fiscal year for which the audit was conducted. 9. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 10. Veteran's Preference. It shall include, in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in administrative, executive, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 47117 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 11. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 12. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in 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. Nonairport Sponsor Assurance (5/97) Appendix 3 13. Operation and Maintenance. It will suitably operate and maintain noise Nonairport Sponsor Assurance (5/97) program implementation items that it owns or controls upon which Federal funds have been expended. 14. Hazard Prevention. It will protect such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) by preventing the establishment or creation of future airport hazards on property owned or controlled by it or over which it has land use jurisdiction. 1s. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, 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 takeoff of aircraft. In addition, it 4 will not cause or permit any change in land use, within its jurisdiction that will reduce the compatibility, with respect to the airport, of the noise compatibility measures upon which Federal funds have been expended. 16. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. It will also make records and documents relating to the project, and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 17. Civil Rights. It will comply with such rules as are promulgated, to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap, be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which 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. 18. Engineering and Design Services. It will award each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services as 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. 19. 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. 20. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. Nonairport Sponsor Assurance (5/97) Appendix 3 b. Disposition of such land under (a) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 21. 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 Subparts 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. Nonairport Sponsor Assurance (5/97)