DRDER NO 26979 ENTITLEMENT GRANT/ T-HANGER RAVING On this the ^c~r•d day of April ^c001, upon motion made by Commissioner- Williams, seconded by Commissioner Gr-iffin, the co~_~r•t unanimously approved by a vote of 4-0-0, the .joint City/Co~_tnty resolution in support of the entitlement grant for T-hanger paving and authorise the County S~adge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henne OFFICE: County Jude MEETING DATE: April 23, 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approving a Joint City/County Resolution in support of Entitlement Grant for T-Hangar paving and authorizing the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: Count~Judge IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M, previous Tuesday. ~~~ KERRVILLE, TEXAS April 16, 2001 The Honorable Judge Fred Henneke Kerr County Judge Kerr County Courthouse 700 Main Street Kemille, Texas 78028 RE: Joint City/County Resolution in Support of Entitlement Grant for T-Hangaz Paving Deaz Judge Henneke: Recently Congress passed and the president signed new legislation that provided for grant funds specifically entitled for approximately 100 airports across Texas. The Texas Department of Transportation Aviation Division will administer the grant funds entitled for the Kemille airport. The Kemille/Kerr County Airport has requested and is eligible for an entitlement of $150,000 for FY 2001, and if Congress appropriates sufficient funds, entitlements up to a maximum of $150,000 per yeaz for FY2002 and FY2003. The grant funded project for FY2001 will be the ramp and taxiway paving for the T-Hangaz project. The City/County sponsor's shaze of the project will be $16,667, and funds aze available in the proposed Airport Budget for FY2000-2001. The Kemille/Kerr County Joint Airport Boazd recommended a resolution supporting the execution of grant documents for the use of entitlement grant funds for T-Hangaz ramp and taxiway paving at the February 21, 2001 meeting. I will forwazd two copies of a Joint Resolution in support of execution of grant documents for $150,000 in federal Non-Primary Entitlement funds for T-Hangaz ramp and taxiway paving for the April 23, 2001 Kerr county Commissioner's meeting. Please let me know if you have any questions, or need any additional information Sincerely, Y~ Megan Caffall Airport Manager co 800JUNCTION HIGHWAY • ID:RRVILLE, TEXAS 78028-5069 •830/257.8000 CITY OF KERRVILLE, TEXAS RESOLUTION NO. 064 -2001 COMMISSIONERS COURT OF KERR COUNTY, TEXAS RESOLUTION NO. 26979 JOINT RESOLUTION SUPPORTING APPLICATION TO TEXAS DEPARTMENT OF TRANSPORTATION'S FISCAL YEAR 2000-2001 AVIATION CAPITAL IMPROVEMENT PROGRAM FOR RAMP AND TAXIWAY PAVING FOR THE T-HANGAR PROJECT AT THE KERRVILLE/KERR COUNTY MUNICIPAL AIRPORT WHEREAS, the governing bodies of the City of Kerrville, Texas ("City")and Kerr County, Texas, ("County") joint owners of the Kerrville/Kerr County Municipal Airport ("the Airport"), desire and intend to make certain improvements to the Airport, specifically paving the ramp and taxiway necessary to provide access to the new T-hangars being constructed by the City and County at the Airport; and WHEREAS, City and County are currently eligible for federal Non-Primary Entitlement of $150,000 00; and WHEREAS, the total project cost is estimated to be $166,667 00; and WHEREAS, City and County have available and will provide at least ]0% of the project costs with local funds and understands that the above mentioned entitlement funds cannot be increased; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, KERR COUNTY, TEXAS AND THE COMMISSIONERS COURT OF KERR COUNTY. TEXAS: SECTION ONE. That the City of Kerrville and the County of Kerr hereby requests federal Non-Primary Entitlement Funds from the Texas Department of Transportation for the purpose of funding the paving of the ramp and taxiway necessary to provide access to the new T-hangars being constructed by the City and County at the Airport. SECTION TWO. That the City Manager for the City of Kerrville is hereby authorized and directed to execute on behalf of the City of Kemille and Kerr County, as the owners of the Airport, at the appropriate time, and with the appropriate authorizations of the City Council and the Commissioners Court, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Airport. SECTION THREE. That the amount of $16,667.00 is available in the City's Fiscal Year 2000-2001 budget (specifically Budget Acct. No 47-800-513) for purpose of funding the local match required for the project. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KERRVILLE, TEXAS, on this the Z~ day of ~ , A.D., 2001. Steph P. Fine, Mayor ATTEST ~~ ,~~~~ S eilah~ L. Brand, City Clerk APPROVED AS TO FORM: `~ /~ ~ ~ C Kevin B. Laughlin, City Attorney PASSED AND APPROVED Y THE COMMISSIONERS COURT OF KERRCOUNTY, TEXAS, on this the day of ___, A.D., 2001. ` rederick L. Henneke, County Judge ATTEST nnett Pieper, County Clerk ~~'~ ; o ~ ~~ R, ~ : 1 B-ALrGALWIRPORTk55\T?~OT AVIATION IMN PNUI ^_WU-?001 HOC ~~~ 1 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT Contract No.:1XXFA104 TxDOT CSJ No.:0115KERVL TxDOT Project No.: AP KERRVILLE 4 Part I -Identification of the Project TO: The City of Kerrville and Kerr County, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department Of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Kerrville and Ken County, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as follows: construction services to pave ramp and taxiway to provide access to the new t-hangers at the Kerrville MunicipaULouis Schreiner Field. The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as 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 TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Page 1 of 27 Part II -Offer of Financial Assistance 1. The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that estimated total project costs will be approximately $166,667.00 (Amount A). It is further estimated that approximately $166,667.00 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. In the event that federal funds are unavailable, this Agreement shall automatically be voided and become of no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor. 3. The maximum obligation of the United States payable under this offer shall be $lso,ooo.oo (Amount c). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $16,667.00 (Amount D). The Sponsor specifically agrees that it shall pay any project costs which exceed the sum of the federal share (Amount C). It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. 5. During design, if the estimated eligible construction project costs exceed Amount A, above, the Sponsor may request the State to void this Agreement, the State shall agree to void this Agreement upon the satisfaction of the following conditions: a. the Sponsor's request to the State to void the Agreement shall be in writing and Page 2 of 27 dated. and b. if required by the State, the Sponsor shall reimburse the State for funds expended on this project and Sponsor shall assume the responsibility for any future expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. Sponsor funds held by the State may be retained until this requirement is satisfied; and c. failure on the part of the Sponsor to comply with the conditions of this paragraph shall constitute a breach of this Agreement. 6. Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall declare this Agreement null and void, and this Agreement shall have no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor within a reasonable time. 7. If there is an overrun in the eligible project costs, the State may not increase the grant to cover the amount of overrun. The Sponsor is responsible for all overruns. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments thereto, without the consent of the Sponsor. 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 State and FAA, 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 shaze of costs. 8. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify said fixnds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Expenditures for eligible project costs for the above project made by the State or the Sponsor prior to the award of a federal grant for said project, and prior to actual receipt of the authority to expend federal grant funds, shall be made from Sponsor funds. Monthly grant payments to the Sponsor will be made upon request to the State. Payments of the State's shaze of the allowable project costs will be made in proportion to the amount expended by the Sponsor for the eligible project costs. No more than ninety (90) percent of the total grant will be paid prior to the completion of the project. The last ten (10) percent of the grant will be paid only after the staff has inspected and approved the completed project. 10. The State shall make all reasonable attempts to acquire federal funding for the completion and construction of this project within two years of completion of design services. The Page 3 of 27 Sponsor agrees to complete and construct this project within two years of completion of design services, subject to the availability of federal funds. PART III -Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this Agreement; and b. it will comply with the Attachment B, Airport Assurances (9/99)(State Modified 9/99), attached and made a part of this Agreement; and c. it will comply with the Attachment C, Pavement Maintenance Management Program, attached and made a part of this Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and e. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of the improvements, not to exceed 20 years; and f. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and h. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and i. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is Page 4 of 27 granted in writing by the State due to extreme circumstances; and j. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and k. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and I. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state and/or federal funds were used to acquire the mineral estate of airport lands or any interests therein; and m. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fixnd or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subpazagraph; and n. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and o. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such Page 5 of 27 subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and p. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and q. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and r. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and s. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such fixnds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which maybe affected by the project. 3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement Page 6 of 27 incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and said Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 6. The Sponsor by execution of this grant, certifies that it has implemented, or will implement during this project, an effective airport pavement maintenance management program, and it assures that it will use such program during the period of this Agreement. It will provide upon written request, such reports on pavement condition and pavement management programs as the State determines may be useful. Failure to comply with this condition may make the Sponsor ineligible for future grants. 7. The Sponsor agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided herein. 8. Unless otherwise approved by the State, the Sponsor 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. 9. SPECIAL CONDITION: Except for instrument landing systems acquired with A1P funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems. 10. The Sponsor shall have on file with the State: a. A current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map; and Page 7 of 27 b. Attachment D, Certification Regarding Drug-Free Workplace Requirements, attached and made a part of this agreement. 11. The Sponsor shall submit the following certifications, as appropriate, for compliance with statutory and administrative requirements of the federal grant: a. Sponsor Certification for Selection of Consultants; b. Sponsor Certification for Project Plans and Specifications; c. Sponsor Certification for Equipment/Construction Contracts; d. Sponsor Certification for Construction Project Final Acceptance; e. Sponsor Certification for Real Property Acquisition. 12. The Sponsor shall administer Disadvantage Business Enterprises (DBE) Program in accordance with federal regulations. They shall report the amount of participation to the State for the period ending September 30 of each year the grant is open no later than October 15 of each year the grant is open. Submission shall be made using Department of Transportation (DOT) Form 4630 "Report of DBE Goal Accomplishments" and a "Report of Certified DBE Contractors Used on FAA Assisted Contracts." Additionally the Sponsor shall submit with each reimbursement or payment request form, the amount of DBE participation during the period of that request on TxDOT form "Subcontractor Monitoring System" and when appropriate "DBE Prime Contractor Payments to Non-DBE Subcontractors." 13. The Sponsor shall submit to the State the following: a. documentation of official designation of the consultant selection committee, evaluation criteria, scoring matrix and consultant ranking; and b. if property acquisition is funded under this grant, documentation of the professional service contracts (e.g. surveyor and appraisal), and negotiation and settlement agreements; and c. prior to entering into professional services contract: copies of the independent engineering fee analysis and negotiation summary; and d. advance notification of the project pre-design meeting; and e. prior to start of preliminary design phase: design option selected after review of the preliminary engineering report; and f. prior to advertising for construction: engineering plans, specifications, bid documents, and draft construction contract; and Page 8 of 27 g. prior to construction contract award: bid tabulation and recommendation of award; and h. following execution: copy of the construction contract; and i. advance notification ofpre-construction meeting; and j. prior to execution: construction change orders and supplemental agreements; and k. notification of the final inspection; and 1. copies of the as-built plans and Exhibit A, property map, if changed from the one on file with the Aviation Division. Part IV- Responsibilities of the State 1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of said project, or in reimbursement to either of the parties hereto for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor herewith grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project fiznds granted, allowed, and paid or made available by the State andfor the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs. Monthly grant payments to the Sponsor will be made upon request to the State. Payments of the State's share of the allowable project costs will be made in proportion to the amount expended by the Sponsor for the eligible project costs. No more than ninety (90) percent of the total grant will be paid prior to the completion of the project. The last ten (10) percent of the grant will be paid only after the staff has inspected and approved the completed project. c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials determined to be eligible by the State; Page 9 of 27 e. when applicable; receive, review and approve reimbursement requests for reasonable and eligible property acquisition costs incurred by the Sponsor, provided the required documentation is supplied. 3. Responsibility of the State shall include, if appropriate, but not be limited to: a. concurrence with project scope; and b. verification of consultant selection process; and c. review and concurrence with property acquisition procedures; and d. concurrence with engineering fee; and e. attendance at the project pre-design meeting; and f. review and concurrence in design options based on preliminary engineering report; and g. review and acceptance of engineering plans, specifications, bid documents, and construction contract; and h. concurrence in the contract award based on bid tabulations; and i. attendance at the pre-construction meeting; and j. occasional visits to the project site during construction; and k. review and concurrence with construction change orders and supplemental agreements; and 1. attendance at the final inspection meeting; and m. maintaining record drawings. PART V -Recitals 1. The Sponsor shall obtain an audit as required by federal or state regulations; and procure and forward to the State and FAA such specific project documentation as is necessary to complete all aspects of this project. 2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV -Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. Page 10 of 27 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law. 4. The United States and the State of Texas 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. 5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment which the Sponsor may enter into or assume, or have entered into of have assumed, in regard to the above project. 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; c. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. 7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the aforementioned rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement herein, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement herein, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as Page 11 of 27 otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably be denied or delayed. 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including §§ 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully maybe applied. 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas 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 State's written Notice to Proceed issued following execution of this agreement. Page 12 of 27 Part VI -Acceptance of the Sponsor The City of Kerrville, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this /d day of , 2001. The City of Kerrville. Texas ~~ Sponsor w Witness ignature Signature (~ ~ Mayor, City of Kerrville Witp ss Title Title Certificate of Sponsor's Attorney I, Kevin B. Laughlin ,acting as attorney for City of I:errville , Texas, do certify that I have fully examined the foregoing Agreement and the proceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by Sponsor, is in accordance with the laws of the State of Texas. Dated at Kerrville ,Texas, this llthday of ~ulY , 2001. Witness Signature Attorney's Si ature City Cleric Witness Title Page 13 of 27 Part VI -Acceptance of the Sponsor Kerr County, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this ~ day of e' , 2001. Ken County. Texas ' Sponsor / ~~~ ~~es~t!l~,,~ Witness Signature // ~ Signature ~~~ /J/5 /`Yia 70 Kerr Count~SudQe Witness Title Title Certificate of Sponsor's Attorney I, I i t O'fLE`~_, acting as attorney for ~Z~ C~ OW~I"M , Texas, do certify that I have fully examined the foregoing Agreement and the proceedi igs taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by Sponsor, is in accordance with the laws of the State of Texas. Dated at ~n~~2 ,Texas, this t l {'day of , 2001. ~ ~, '~~-= Witness Signature ~- Atto 's Signature Witness Title Page 14 of 27 Part VII -Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating andlor carrying out the orders, established policies or work programs and grants approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: David S. Fulton, Director Aviation Division Texas Department of Transportation Date: -7 ~/ 3 ~~ ~ Page 15 of 27 ATTACI-IMENT A CERTIFICATION OF AIIiPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Kerrville. Texas (Sponsor) By:~4~~-e ~~~C-y~"-e Title: Assistant Citv Manaeer Date: ~ - ~ " ~ ~ Kerr County. Texas (Sponsor) Title: Kerr County Judge Page 16 of 27 ATTACHMENTS PART V ASSURANCES General. 1. These assurances shall be complied with in the performance of grant agreements for airyort development, airport planning, and noise compatibility program grants fm airport sponsors. 2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (htteinaAer referred to as "APPA'7 by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used httein, the tens "public agenry sponsor" means a public agency with control of a publio-use airport; the Ittm "private sponsor" means a private owner of a public-use airyort; and the tern "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance ofihe grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreemerd B. Duration and AppBcabWty. 1. Airport development or Noise Compatlbility Program Projects Undertaken by a Public Agenry Sponsor. The terms, condiliam and assurances of the grant agreement shall remain in Cull force and effect throughout the useful life ofihe facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed widhn a facility undtt 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 Avport Revenue so long as the arport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respell to real property acqured with federal funds. Furthermore, the duration ofihe Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragaph 1 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 acqu'ved under an sirpoR 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, 3, 6, 13, 18, 30, 32, 33, and 34 m section C apply to planning projects. The lama, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project C. Sponsor CertiBcatlon. The sponsor hereby assures and certffes, with respect to this grant that: 1. General Federal RegWrementa It will comply with all applicable Federal laws, regulations, ezeentive orders, policies, guidelines, and requ'vements as Orry relate to the project, acceptance and use of Federal funds for this project including but not limited to the following: Federal Ixgislatlon a Title 49, U.S.C., subttle VII, as amended b. Davis-Bacon Act - 40 U.S.C. 276(a), et se .' c. Federal Fa'u Labor Standards Act - 29 U.S.C. 201, et seq. d Hatch Act - 3 U.S.C. 1301, e[ seq.r e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4603, et aeo.'r f. National Historic Preservation Act of 1966 -Section 106 - l6 U.S.C. 470(t).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 23 U.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L 93-203, as amended. k Flood Disastm Protection Act of 1973 -Section 102(a) - 42 U.S.C. 4012a.' L Title 49 ,U.S.C., Scvtion 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. o. Age Discrimination Acl of 1973 - 42 U.S.C. 6101, et sea. p. American Indian Religious Freedom Act, P.L 93-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4131, et sea.' c Power plant end Industrial Fuel Uae Ad of 1978 - Sccion 403- 2 U.S.C. 8373.' s. Contrail Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.' t Copeland Antikickback Act - 18 U.S.C. 874. ' u. National Envvonmmtal Policy Ail of 1969 - 42 U.S.C. 4321 e, t sea.' v. Wild and Scenic Rivers Act, P.L 90-542, as amended. w. Single Audit Act of 1984 - 3l U.S.C. 7301, et sear x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. E:ecudve Orders Ezecutive Order 11246 -Equal Employment OpportuWty' Ezecutive Ordtt 11990 -Protection of Wetlands Executive Order 11998 -Flood Plain Management Executive Order 12372 - Imergovemmental Review of Federal Programs. Executive Order 12699 -Seismic Safety of Federal and Federally Assisted New Building Conshuction' Ezecutive Ordtt 12898 - EnduonmeWai Iustice Page 17 of 27 Federal Regulations a. l4 CFR Part 13 -Investigative and Enforcemrnt Procedures. b. l4 CFA Part 16 -Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. l4 CFR Part I50 -Airport noise compatibility planning. d. 29 CFR Pan 1 -Procedures for predetermination of wage rates.' e. 29 CFR Pori 3 - ConVactors and subceniraMrs on public building or public work financed in whole or part by loans or grants from the United Statce.r f. 29 CFR Pori 5 - Isbor standards provisions applicable to contracts covering federally financed and assisted consuuction (also labor standards provisiom applicable to non-conshuction conVacts subject to the ContraA Work Hours and Safety Standards AA).r g. 41 CFR Part 60 - l)ffce of Federal Contract Compliance Programs, Equal Employment Opportunity, Departmenrt of Labor (Federal and federally assisted conVaQing requirements).' h. 49 CFR PaR 18 - Uniform aMtinisVetive requirements for grants end cooperative agreemrnis to state and local governmrnis.' i. 49 CFR Part 20 -New resuictiom on lobbying. j. 49 CE'R Pan 21 -Nondiscrimination in Federally-assisted programs of the Dcpartmem of Transportation effectuation of Title 1R It will make available all of the facilities of the airport developed with Federal financial assisW« and all thou usable for landing and takeoff of sircraft to the United States for use by Covemment aircraft N conmion with othtt 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 cori of opttating and maintaining the facilities used Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agenry, substantial use of an ahport by Govttnment aireratt will be considered to eziri when operations of such aircraft are in excess of thou which, m the opinion of the Secretary, would unduly inteRtte with use of the landing areas by othtt authorized aircraft, or during any calendar month than 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 u a movement) of Governent aircraR is 300 or more, or the gross accumulative weight of Governmend aircraft using the airport (ilia total movemerd of t;mvemmmt airttaft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federd FacWOea It will famish without coat to the Federal Goverunent For use N coimection with any air ~e control or av navigation activities, or weathtt-reporting and comrtiunication activities related to av traffic control, any areas of land or water, or estate thttein, or RghU in buildings ofthe sponsor u the Secretary considers necessary a desirable for consWction, operation, and maintenance at Federal expermse of space or facilities for such purposes. Such area or any potion thereof will be made available u provided herein within four months after receipt of a written request from the Secretary. 29. Airport Lyomt Plan. a It will keep up to date a[ all times an airport layout plan of the airport showing (1) boundaries ofihe airport armd all proposed additiom thereto, Wgethtt with the boundaries of all olTsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed a'upat facilities and stmctures (such as nniways, taxiways, aprons, terminal buildings, hangar and mods), including all proposed extemions and reduction: of eziriing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thttcou Such a'uport layout plans and each amendment, revision, or modSrztien thtteo~ shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face ofthe aiport layout plan. The sponsor will not make or permit any changes or slleratiom th the airport or any of its facilities which arc not in conformity with the airport layout plan u approved by the Secretary and which might, in the opwon of the Secretary, adversely affect the safety, utility a efficiency of the airport. b. ff a change or altem[ion N the airport a the facilities is made which the Secretary determines adversely affects the safety, utility, or efficienry of any federally owned, leued, or funded property on or off the airport and which is not in conformity with the airport layout plan u approved by the Secretary, the owntt or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manntt approved by the Secretary; or (2) bear alt costs of relocating such property (or replacement thttmt) to s site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation exiriing before the unapproved change in the a'uport or its facilities. 30. Clvtl Rights. It will comply with such enter u are promulgated to assure 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 rmeived from this grant This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the progran4 except whtte Federal Imancial assistance is to provide, or is in the form of personal property or real property or interest therein or riructures or improvements thereon in which cue the assurance obligates the sponsor or any Page 22 of 27 transferee for the longtt of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extrnded, or For another purpose involving the provision of similar services or brnefiu, or (b) the period during which the sponsor retains ownership or possession ofihe property. 31. 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 longtt needed far such purposes, at fav market value, at the earliest practicable time. Thal portion of the proceeds ofsuch disposition which is proportionate to the Unitcd State'share of acquisition ofsuch land will, al the discretion ofihe Secretary, 1) be paid to the Secretary for deposit in the Trull Fund, m 2) be reinvested in an approved noise compatibility project az prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility it will, when the land is no longer nceded for airport purposes, dispose ofsuch land at fav market value or make available to the Secretary an amount equal to the United States' proportionate share of the Ca'u market value of the land That portion of the promcds ofsuch disposition which w proportionate to the United States'stare of the coat of acquisition ofsuch land will, (a) upon appliulion to the Secretary, be reinvested m another eligible airport vnprovemrnt project or projects approved by the Secretary at that airport or within the national ahpoR syslerq or (b) be paid to the Secretary for deposit in the Tmst Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be nceded for aeronautical purposes (including mnway protection zones) or serve az noise buffer land, and (b) the revenue from interim uses ofsuch land contributes to the fuancial self-sufficiency ofihe airport. Further, land purchased with a grant received by an airport operator or owner before Decembtt 31, 1987, will be considered to be needed for ahport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or 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 flan December 15, 1989. c. Disposition ofsuch land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure flat such land will only be used far purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services Il will award each contract, or sub-coniracl for program management, consfmdion management, Planning studies, fusibility studies, archiledural services, preliminary rngineering design, engineering, surveying mapping or related services with reaped to the project in the same manncr az a contract for erchi[edural and engineering services is negotiated undtt Title IX ofihe Federal PropMy and Administrative Services Ad of 1949 or an equivalent qualifications-baud requircmerd prescribed for or by the sponsor ofihe airport 33. Foreign Merkel RdMctions. it will not allow funds provided undtt this grant to be used to fund any project which rues any product or service of a foreign country during the period in which such foreign rnuntry is listed by the United State Trade Representative az denying fair and equitable market opportunitiu far products and suppliers of the United Slates in procurement and consW lion. 34. Potlclea, Standerda, and SpeciBcatlons 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 Curtest FAA Advisory Ciralars for AIP projects, dated 7/1/99 and included in this grant, and N accordance with applicable state polices; slartdards, and spceffcatiom approved by the Secretary. 35. Relocetlon and Real Property Acquisition. (1) It will be guided in acquiring real property, [o the greatest nlerd practicable undtt Stale law, by the land acquisition policie in Subpart B of 49 CFR PaR 24 and will pay m reimburse property owners for necessary expense az specked in Subpart B. (2) It will provide a relocation assistance program offering the service described vt Subpart C and fair and reasonable relocation paymrnis and assistance to displaced persons az required m Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of tune prior to displacemrn4 comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses The airport owntt or operator will permit, to the maximum extent predicable, intercity buaea m othtt mode of Vansportaiion to have access to the airport, howevtt, it haz no obligation to fund special facilities for intercity base or for other modes ofiransportation 37. Disadvantaged Buslnear Enterprises The recipient shall nd discriminate on the bazis ofrace, rolm, rational origin or sez m fhe 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 reaoonable steps under 49 CFR Part 26 to ensure non discrintuation in the award and administretion of DOT•assisted contracts. The recipient's DBE program, az requred by 49 CFR Part 26, and az approved by DOT, is incorporated by reference m this agreement hnplemrntation of this program is a legal obligation and failure to carry out its terra shall be treated az a violation of this agreement Upon notification to the reripirnt of its failure to tarty out its approved program, the Departmrnt may impose sanctions as provided for undtt Part 26 and may, N appropriate cases, reftt the matter for enforcement under l8 U.S.C. 1001 and/or the Program Fraud Civil Remedies Ad of 1986 (31 U.S.C. 3801). CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 The following apply to both AIP and PFC Projects NUMBER TTTLE 70!7460-1J Obsfmdion Marking and Lighting 150/5000-13 Announcement of AvailabiliTy-RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements fm Airport Surface Movement Seraors 150/5100-14C Architectural, Engineering, and Planning Consultant Services fm Airport Grant Projects 150/5200-30A, CHG 1 & 2 Airport Winttt Safety and Opttmions ! 50/5200-33 Hazardous Wildlife Attractanu On art Near Airports Page 23 of 27 13015210Sg Painting Marking and Lighting of Vehicles Used on an Airport 150/5210-7B Aira'aa Fire and Rescue Communications 150!5210-13A Water Rescue Plans, Facilities, and Equipment 130/5210-I4A Airport Fire and Rescue Personnel Protective Clo0ring 150/5210-13 AirpoR Rescue & Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of AirpoR Personnel 150/5210-19 Driver's Enhanced Vision System (DENS) 1 5 015 2 2 0-4B Water Supply Systems far Aircraft Fire and Rescue Protection 150/5220-1OB 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 130/5220-17A Dceign Standards for Aircraft Rescue Firefighting Training Facilities 130/5220-18 Building¢ for Storage and Mainlrnance of Airport Snow and Ice Control Equipment and Materials 15013220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vciticlce 150/322040, CHG 1 Airport Snow and Ice Control Equipment 150/5220-21A Guide Specification for LiRc Used to Board Airline Passengers With Mobility lmpa'vmrnts 150/5300-13, CHG I, 2, 3, 4, 5 Airport Design 150/5300-14 Design of Arraill Deicing Facilities 150/5300-15 Use of Vilue Engineering far Engineering Design of Airport Grant Projects ISO/5320-SB Airport Drainage 15015320-bD Airport Pavement Design and Evaluation 150/5320-120 Measurement, Construction, and Maintenance of Skid Resistant Auport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 130/5320-16 Airport Pavemrnt Dceign for the Boeing 777 Airplane 150/5323-4A, CHG 1 Runway Length Requirements for Airport Design 150/5340-1G Standards for Airlwrt Markings 150/5340.10, CHG 1 & 2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems 15015340-SB, CHG 1 Segmented Circle AirpoR Marker System 150/5340-14B, CHG 1 & 2 Ecronomy Approach Lighting Aids 150/5340-17B Standby Power for Non-FAA Airport Light'mg Systems 150/3340-18Q CHG 1 Standards for Airport Sign Systems 150/5340-19 Taxiway Crnterline Li~tting System 130/5340-21 Airport Miscellaneous Lighting Visual Aids 150/5340-23B Supplemental Wind Cortce 150!5340-24, CHG 1 Runway and Taxiway Edge Lighting System 130/5340-27A Av-to-Ground Radio Control of Airyort Lighting Systems 150!5345-3D Specification fm L821 Panels for Remote Control of Airport Lighting 150/5343-SA Circuit Selector Switch 130/3345-7D, CHG 1 Specitwtion for L824 Undergound Elatricsl Cable for Airport Lighting Ciraits 150/5345-10E Spx~ntion for Constant Currrnt Regulators Regulator Monitors 150!5345-120 Specification for A'uport and Heliport Beacon 15075345-13A Specfication for 4841 Auxiliary Relsy Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-268, CHG 1 & 2 Specification for L823 Plug and Receptacle, Cable Connectors 150/5343-270 Specification for Wind Cone Assemblies 150/5345-280, CHG I Precision Approach PaW Indicator (PAPI) Systems 150/5345-39B, CHG 1 FAA Spec cation L833, Runway and Taxiway Centerline Retrorefiective Markers 150/5345A2C, CHG 1 Specification for Airport Light Bases, Transfanner Housings, ]unction 8oxce and Accessories 150/3345A3E Spec cation for Obstruction Lighting Equipment 150/5343A4F, CHG 1 Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure 150/5345-46A Spermcation for Runway and Taziway Light FizWrce 130/5343A7A Isolation Trensfortners for Airport Lighting Systems 130/534549A Spec cation L854, Radio Control Equipment 150/3345-50, CHG 1 Specification for Portable Runway Lights 150!5345-51, CHG 1 Spec cation for Discharge-Type Flasher Equipment 130/5345-32 Generic Visual Glidcelope Indicators (GVGI) 130/5345-53A, (including addendum) Airlwrt Lighting Equipment Certification Program 150/5360-9 Planning and Design of Airport Temtinal Facilities at NonHub Locations 130/5360-12A Airport Signing & Graphics 150/5360-13, CHG I Planning and Design Guidance for Auport Temwral Facilities 150/5370.20 Operational Safety on Airports During Construction 150/5370.68 ConsWCtion Progress and Ltspection Report-Airport Grant Program 150/5370-10A CHG 1, 2, 3, 4, 3, 6, 7, 8, 9 Standards for Specif}ting Construction of Auports L50/5370-1 1, CHG 1 Use of Nondcetruclive Telling Devices in the Evaluation of AirpoA Pavemrnts 130/3370.12 Quality Control of ConsW etion for Airport Grant Projects 150/5390-2A Heliport Design 150/5390-3 Vertiport Design Page 24 of 27 ATTACI3MENT C 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 tit 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 details: Location of all runways, taxiways, and aprons Dimensions Type of pavement Year of construction or most recent 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 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three 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 other 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 minim 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. Page 25 of 27 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 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 guideline, and recommended methods of repair are presented. Page 26 of 27 ATTACIIMENT D CERTIFICATION REGARDING DRUGFAEE WORKPLACE REQUIREMENTS A. The grantee certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees abou[- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) NMifying the employee in the statement required by paragraph (a) that, as a condition of employment under the gran[, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendaz days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, W every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendaz days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (])Taking appropriate personnel action against such an employee, up to and including temtination, consistent with the requirements of the Rehabilitation Act of ] 973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (fl, B. The grantee may insert in the space provided below the site(s) for the performance of work done in cotmcetion with the specific grant: Place of Performance (Street address, city, county, state, zip code) uA,-,-..;ire Municioal(Louis Schreiner Field Airport Check _ if there are workplaces on fi a that are not identified here. Signed: Dated: 7 • //• v Ron Patterson City Manager Typed Name and Title of Sponsor Representative Page 27 of 27