ORDER NO. 575'34 RF'F'ROVRL OF THE TEXAS DEF'RRTNENT OF TRRNSF'ORTRTION RIRPORT PROJECT F'RRTICIF'RTION RGREEMENT FOR ENGINEERING SERVICES On this the 1~Dth day of June c~Oc, ~_~pon motion made by Commissioner Let z, seconded by Commissioner Williams, the Co~_ir•t unanimo~_isly approved by a vote of 3-Q~-0, the Texas Department of Tr•anspor•tation Rir•por•L- Project Participation Rgr-eement for Engineering Services for- Capital Improvement Project at Rirport and authorize the County J~_~dge and County Rttor•ney to sign same. COMMISSIONERS' COURT AGENDA REQUEST ^ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REpUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Megan Caffall OFFICE: Airport Manager MEETING DATE: June 10, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Texas Department of Transportation Airport Project Participation Agreement for Engineering Services for Capital Improvement Project at Airport EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON) Nr .E OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Megan Caffall 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: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared far 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 earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. - TEXAS DEPARTMENT OF TRANSPORTATION AII2PORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT CSJNo.:0215KERVL TxDOT Project No.:AP KERRVILLE 5 TxDOT Contract No.: 2XXAV006 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 Kerr County, Texas, (hereinafter referred to as the "Sponsor"), under the authority granted and in compliance with the provisions of Title 49 United States Code, Section 47101 et seq., 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: engineering/design services to overlay and mazk Runway 12-30; expand apron; relocate portion of airport entrance road and install erosion/sedimentation controls 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 provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), 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 teens and conditions: Page 1 of 26 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 Vemon Supp). 2. It is estimated that design/engineering project costs will be approximately $205,550.00 (Amount A). It is further estimated that approximately $205,550.00 (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. The estimated project cost for the construction phase of this project is $2,477,000.00 (Amount C). The construction phase will be started upon completion of design, dependent upon availability of federal funds, and approval of the Texas Transportation Commission. A sepazate grant will be issued for the construction phase. In the event that federal funds aze 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 $184,995.00 (Amount D). 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 $20,555.00 (Amount E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount D). 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 Pazagraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. Page 2 of 26 5. During design, if the estimated eligible construction project costs exceed Amount C, 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 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 maybe retained until this requirement is satisfied; and c. failure on the part of the Sponsor to comply with the conditions of this pazagraph 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. It is mutually understood and agreed that if, during the life of the project, the State determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the State advising of the budget change and a refund of the sponsor shaze of the reduction will be done. Conversely, if there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation, and will advise the Sponsor by letter of the increase. Upon receipt of the aforementioned letter, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their shaze of the increased grant amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollaz amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the United States shaze of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the 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 upwazd or downwazd adjustments to the Federal shaze of costs. 8. Sponsor's shaze of project costs (Amount E) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's shaze. Page 3 of 26 9. 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. 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 funds. In addition, the Sponsor shall disclose the source of afl funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable .to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay the obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Pazagraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. 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 the project, and prior to actual receipt of the authority to expend federal grant funds, shall be made from Sponsor funds. 10. The State shall make all reasonable attempts to acquire federal funding for the completion and construction of this project within two yeazs of completion of design services. The 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 In accepting the Agreement, the Sponsor guazantees 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, 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 d. 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 said improvements, not to exceed 20 years; and Page 4 of 26 e. 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 f. 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 g. 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 h. 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 granted in writing by the State due to extreme circumstances; and i. 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 j. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and k. 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; and 1. 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 Page 5 of 26 money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund 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 subparagraph; and m. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and n. 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 hazdship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and o. 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 p. 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 q. 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 r. 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 shaze, 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 funds. All settlements Page 6 of 26 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 cleaz 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 yeazs, prior to the advertisement for bids for such construction or procurement of facilities that aze 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 the 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 incorporated shall be evidenced by execution of this instrument by the Sponsor, and the 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 yeazs. 5. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction conferences, and for the submission and opening of construction bids. 6. 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. 7. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. 8. The Sponsor shall have on file with the State, Attachment C, Certification Regazding Drug-Free Workplace Requirements, attached and made part of this agreement. 9. 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. Page 7 of 26 10. SPECIAL CONDITION: Except for instrument landing systems acquired with AIP 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 standazds. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or mazking 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. 11. SPECIAL CONDITION: For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is requ'ued by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstnrcted, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment D "Pavement Maintenance Management Program", attached and made part of this agreement. Part TV- Nomination of the Agent 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 the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant 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. 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor 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 funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that aze in excess of the Sponsor's shaze. Page 8 of 26 Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agent: e. advertise for professional engineering and/or planning services for, but not limited to, the prepazation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of pontract awazd for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (H[7B) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections. Construction Phase: i. authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings. PART V -Recitals The State and the Sponsor shall obtain an audit as required by federal or state regulations. 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 Page 9 of 26 Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal andlor 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 incidental to, compliance with this gant 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 parry to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regazd to the above project. 6. If the Sponsor fails to comply with the conditions of the gant, 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. Tn 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 Sapp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Sapp.). Failure to comply with the terms of this Agreement or with the 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 Ageement. 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 Ageement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Ageement, (2) deny Sponsor's future requests for aid, (3) request the Attorney Page 10 of 26 General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as 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 shall be evidenced by execution of this instrument by the Sponsor. 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. Page 11 of 26 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 Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the Agreement. Executed this ~~ day of , 20 a ? The City of Kerrville. Texas Sponsor ___s~~~~ Witness Signature ~~ Wi ess Title Signature City Manager Title Certificate of Sponsor's Attorney I Michael C. Hayes gang as attorney for The City of Kerrville Texas, do certify that I have fully examined the Agreement and the proceedings taken by the Sponsor, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at Kerrville ,Texas, this Witness Signature Legal Secretary llthdayof June 2002 e.~u~ attorney's gnature Witness Title Page 12 of 26 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 Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the Agreement. Executed this % . ~ day of , 20 /' ~' ~ Kerr County Texas `~~~~ ~e~nvt~C Sponsor Witness Signature Signature COu ~~i 5-r r 7D~ County Judge Witness Title Title Certificate of Sponsor's Attorney I, J ~ ,acting as attorney for E , Texas, do certify that I have fully ex ed the Agreement and the proceedings taken by e Sponsor, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at L ~ ,Texas, this ay of , 20~~ y~ ~~ Witness Signature ttotney's S gnature ~~M/N/ST/LFTI/E /¢SS/S?~ Witness Title Page 13 of 26 Part VII -Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: ~~ '7~ David S. Fulton, Director Aviation Division Texas Department of Transportation Date: ~ ~~ ~ l ~ ~ Page 14 of 26 ATTACIIMENT A CERTIFICATION OF AIItPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, chazges, 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 Cif of Kerrville. Texas (Sponsor) By: ..~ Title: ('i y anagQr Date: Zvt "t- Kerr County. Texas (Sponsor) B' Title: County Judge Date: ~c_~~ / ~ 7~v-Z_ Page 15 of 26 ATTACHMENT B PART V ASSURANCES 1. These assurances shall be complied with in the perfotmmce of giant agreements for airport development, airpoR planing, and noise compatibility program grants for si'poR sponsors. 2. These assurances are required to be submitted as part ofihe project AiryoA Project PaAicipation Agrcemeot (hercinaRer rcferted to as "APPA'~ by spomors requesting funds under the pmviaiow of Title 49, U.S.C., subtitle VIJ, es amended Aa tued hereiq the term "public agency spowor" mean a public agency with control of a publio-use s'uport; the term "private sponsor" mean s private owner of a publiouse airport; and the term "sponsor" includes both public agrnry sponsors and private apwors• 3. Upon aaxpfmce ofthe gram offer by the sponsor, these assurances are incorporated in and become part ofthe gnM agreemeN. a Dontlon and AppllcabWty. 1. Airport devebpmml or Noise CompatlbOby Program ProJec6 Undertaken 6y • Pablk Agenry Sponsor. The terms, ooodition and sasrrrancea ofthe grant agreement shall remain m fu0 force end effect thrwghom ibe useful life ofihe ficilitiea developed or equipment acquired for m airport developmrnt or noise oompatibdity proPjarnproject, or throughoulthe use&1 life of the project items iwttiled within a facility under s noise compatibility program project, but in any everd cot W exceed twemy (20) yeah from the dau oPaccepunce of a gram offs of Federal funds for the project However, there sball6e m limit on the duration ofthe essurancxs regarding Exclwive RigIM sod Airport Revrnue w long s9 the airport ie used ea m airpoR There shill be no limit on the duration ofthe turtn, oondilioos, and assurances with respat to real property acquired with federal funds. FuAhermore, the duration of We Civil Rights asnnance shall be apecifed in the assurencea. 2. Airport Devebpment or Noix CompatlhRily ProJeata Undertaken by ^ Private Sponsor. The preceding paragraph 1 store applies to a private sponsor except that the useful life ofprojecl items inAalled within a facility or the weful life offhe facilities developed or equipmM asyuired urrder m airport developmem or noise compatibility program proJea shall 6e no less than ten (10) years fi~the dace of acceptance of Federal aid for the project 3. Airport Planting Undertaken by a Sponsor. Utieu otherwise specified in the grmt agreemrnl, otiy Assurances 1, 2, 3, S, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The temv, condition, and assurencea ofihe grant agreement shall remain in full force and effect duringthe life ofihe project G Spomor Certitiwtlon. The spowor hereby assures and certifies, with respect to this gram that: 1. General Federal Requlremenfa It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requiremema as thry relate to the project, acceptance and uu of Federal funds for this project including but not limited to the following: Federal I.eglslatlon a. Title 49, U.S.C., subtitle Vq as amended. b. Ihvis-Hacrou Ad - 40 U.S.C. 276(a), e[ aeo.r c. Federel Fair Isbor Standards Act - 29 U.S.C. 201, el uq. d Hatch Ad - S U.S.C. 1301, et aeq.r e. Uniform Relocation AeaiRmce and Real Properly Acquisition Poliries Ad of 1970 Title 42 U.S.C. 4601, et aw.r r f. National }fisloric Preservation Ad of 1966 -Section 106 -16 U.S.C. 470(f}r g. Archcological anti Historic Prexsvation AA of 1974 -16 U.S.C. 469 through 469c.r h. Native American Crrave Repatriation Ad - 25 U.S.C. Section 3001, d sea. i. Clem Arc Act, P.L 90-148, as amended j. Coastal Zone Management Act, P.L 93-203, as amended k Flood I)ieader Proledien Acl of 1973 - Sedian 102(x) - 42 U.S.C. 4012x,' 1. Title 49 ,U.S.C., Sedian 303, (formerly known as Section 4(t)) m Rehabilitation Ad of 1973 - 29 U.S.C. 794. a Civil Rights Ad of 1964 -Title VI - 42 U.S.C. 2000d through dom. o. Age Diaaimirratiw Act of 1973.42 U.S.C. 6101, eta. p. Amaicen Irtdim Religiow Freedom Ad, P.L 95-341, m amended q. Archita;uusl Banien Ad of 1968 42 U.S.C. 4151, U aea.t r. Power p1aN and Lrdwtrial Fuel Use Act of 1978 - Saban 403- 2 U.S.C. 8373 ~ a Cookact Work Hours end Safety Slmdards Ad - 40 U.S.C. 327, et aea.r t Copeland Antikickback Act - I8 U.S.C. 874. r u. National Envkwmemal Polity Ad of 1969 - 42 U.S.C. 4321, et sw.r v. Wild anti Scenic Rivera Act, P.L 90-542, as amended w. Single Audit Ad of 1984 - 31 U.S.C. 7501, et aw.' x Drug-Fra Workplace Ad of 1988 - 41 U.S.C. 70211vaugh 706. Esecatlve Orden Exewtive Order 11246 - Equal Employmrnt Opporlumty r Exeartive Order 11990 - Protection of Wdlards Executive Order 11998 -Flood Plain Management Executive Order 12372 - Infergovemmrntal Review of Federal Programs. ExeMive Order 12699 - 3eimdc Safety of Federal and Federally Assisted New Building Canskuction r Executive Order 12898 -Environmental Justice Page 16 of 26 Fderd Re;nlatlom a 14 CFR Pert l3 - Investigative and Fnf'orcerneot Procedures. b. 14 CFR Part 16 -Rules of Pndice For Federally Assie4d Airport Faforcement Proceedings. c. 14 CFR Pad 130 -Airport noise compatibility planning. d 29 CFR Part 1 - Procedtrrn for predeterrrrinatirn of wage rata.' e. 29 CFR Part 3 - Cootracton end subcontractors on public building or public work finanoad in whole err put by loans or grants fiomthe United States.' f. 29 CFR Part S - Iabor standards provuiom applicable to contracts covering fedeally financed and eeaisled consWe[ion (alw labor standards provisions applicable to noamnsWdion eootruts subject W the Contract Work Houa end Safety Standards Ad).' g. 41 CFR Part 60 - OfRce of Federal Contract CornpSance Prog.m?, Fqual P.mploymrnt Opportunity, Departmrnt of labor (Federal and federally assisted contracting requircmeota}' h 49 CFR Part 18 - Uniform administrative requimnrnb for grants end cooperative egreemrnb to able and lacy govemmenb.s i. 49 CFR Put 20 - New rrstrictiont an lobbying. j. 49 CFR Part 21 - Nonds:'mFS^.LOn to federally-waisted progrrms of the DepaNnrnt of Tramportstion - effecWation of Title Vl of the Civil Righter Act of 1964. k 49 CFR Pad 23 - Panicipatian by Disadvantage Ilusineu Eo4rpriae in Airport Concasiom. 4 49 CFR Put 24 -Uniform relocation assistance and real property acquisition for Federal and federally assisted ~~.r a m 49 CFR Put 26 - Panidpation By I)isadvardaged ]Iusinaa Enterpriser in DepaAmeot of TrampoAation Pro a 49 CFR Perri 27 -Nondiscrimination on the basis ofhaodi m ~~~ 5om Federal caP ~ PmBrarat and adivilia receiving or benefiting Snanctal assistance.' o. 49 CFR Part 29 - Govemmcnt wide debarment and nrspercsion (noo-procmemrnt) and government wide requirements for drug-free workplace (garb). p. 49 CFR Put 30 - Denial afpublic woks contracts to supplier of goody and services of oountrier }hat deny txocvrement marled access to U.S. mntractora. q. 49 CFR Part 41 -Seismic safety of Federal ad federally assisted a regulated mw building construclioar OIDre of 1Nans=ement and Budgt Circnlan a M87 -Cost Principle Applicable to Grants and C:ontracb with State and I.acal Govemmeota. b. A-133 -Audits of States, I.oal Govemmrnts, and Non-Rafil Organi7atiooa (1) These lawn do nor apply W airyort planning sPonson. (2) Thee lawn do not apply to private sponaora. (3) 49 CFR Perri 18 and OMB Circular A-87 cealsin requuemrnb for State and Local Govermnenb receiving Federal assiebnce. Any requtremenl levid upon State and Local Govemmrnb by Ibis regulation and cireulu shall also be applicable b private sponsors receiving Federal awiaWrce under Tito 49, United Soles Code. Specific assururcea required to be includd in grant agrcements by any ofihe above laws, regulatiore or circvlus are incoePorated by reference in the grand agreement Raponaibtlity and Authority of the Sponsor. a Pubtlc Atemy 9ponaor. It bu legal autiwrity to apply for the grant, and to limnce and carry out the proposed projed; that arerolutioq motion or ainrilar action bas been duly adopted err passed w an olHdal act ofihe appticam's governing body autiwrizing the filing ofihe APPA, including all understandings and ssamanoea corrbinM ihereiq and directing and aufhoriz"vrg iM person idrnti5ed u the olflcial repraenblive ottlrc applicant to ad in cermection with the APPA and to provide such additioml information w may be required b. Private Sponsor: It hw legal authority to apply for the great and to finance and carry outihe proposed proled ' and comply with all tenna, oonditrone, and aseurenca ofthis grant agreemerd. It shall daigmle as official repreeernative cad yrall in writing dined and sutherirx that person to Ste this APPA, including all undeaandings sad assurances contained therein; to actin connection with this APPA; and to provide such additioml wfotmetion u may bg>beded, for the duration of the temp, conditions, aced assurances inihe grant aBcemam without approval by the Secretary. Iftbe transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligation oftbe groat sgrcement and to have tlx power, authority, and financial resources to carry out sU each obligations, the sponsor shall usert inthe Contract a document iraostLrting or dieposwg ofthe sponsola interest, and make binding upon the iransferce all ofihe tams, conditiors, and saeunnoea contained m this Bent agreement e. For all raise eonrpalibility progam projects which arc to be carried out by another unit oFloeal govemmem or arc on property owned by aunil of local government otherthsnthe sponsor, ii will elver irrto an agreemem with$ut govetrmunf. Except as othe[wix specified by the Secretary, that agreement shall obligate that govemmem to the same tames, eonditiana, avd asmrnaeea that would be applicable to it ifit applied directly W the FAAfor n Brffi to undertake the mine compatibility program project That agrcement and changes lhergW must be satiafactay to the Secretary. It will take steps to enforce this agreemem against the local govermnem ifthere is subalantial non- canp]iance wdh the terms of0u agreement. d For raise compatibility ProBam Projects to be cartied out on privately owned property, it will enter into an agreement with We owner ofthst property whicb includes provisims specified by the Secretary. It will take skpe to anforce this aBeemeut agaiarl the properly owner whenever there is subslanisl noncompliame with the terns of the agreemrenf. a Iftbe sponsor is a private aponay it will take steps saiidadory to the Secretary to ensure that the airport will continue fo function as s publio-uae airport is accordance with these assurances for the duration ofiheae aserrrarrcea. f. if m arrangement is made far management and operation ofihe a'uport by any agency or person other thanthe sponsor ar as employee ofthe aporrsor, the sponsor will reserve sufficiem rights and authority to irsurc that the airport will be operated am] rrsirdaineA us accordance Title 49, United Stales Code, the regulation and the terms. Condition and assurances in the grant agreement and shall irtsuro that such amangemrnt also requvea compliance therewith 6. Corniateecy sslfh Local Plana. The project is reasorsbly comsislerrt with plans (adding at the time of submission oFihin APPA) of public agencies that are authorized by the Slate is which the project is located to plan for the development ofNe area surrounding the airport 7. Co~dentbn ofl.ocal lntereaR It has gives fav consideration to the inte:e.4 ofcanmrunitiea in or mar where the project may Ix located & ComaMatlon Mth Users In making a davionto undertake any airport development project under Title 49, United States Code. it bas undertaken reasonable consultation with affected paAiea using the airport ai which project is proposed. 9. Public lIearbrga k projects involvingthe location of an auparS an arport runway, or a major runway ealcrsioq it has afforded the opportunity for public hearings forthe purpose of considering the economic, social, and environmental effects of the ahpat or runway location cad ila conisteacy with goals and objective of such plamdng as has been cartied outby the community and it shall, when requeded by the Secretary, submit a copy ofihe transcript of ouch harinB to the Secrdary. Further, for such projects, it has an its management board ei0rer voting represenWion from t}re canmunitita where the project is located or bas advised Ne cormnuaitiea that thry have the right to petition the Secretary concemm8 a proposed project. 10. Air and Water Quality Standards, In projects involving airport location, a vujor runway eatenioq or runway location it will provide forthe Governor of rite state in which We project is located to certify is writing to the Secretary that the project will be located. deugned, oovatruded, and operated so ss to comply with applicable air and water quality standards Ice say cane where such standards have not ben approved and Where appliable av and water quality standards have been promulgated by the Adminiafratce oftbe Environmental Protection Agency. cert~cation shall be obtained from such Adrninislrator.Notice of certification or refusal to certify shall be Provided witbin Bialy days alter the project APPA has been received by the SecMuy. 11. Pavement PreveatWe Maintenance. With reaped to a project approved after January 1, 1993, for the replacement or recorshtrdion of pavemem at the a'vpai, it assures or certify that it has implememed an effective airport pavement maiateoatMo-rnasgemrnt program a~ it assureatbal itwil] ux euctr progam forthe useful life of any pavement consmrcted. recomehtrcted ar repaired with Federal financial sssisturce at the airport. It wiLL provide such reports on pavement condition sad pavement nurugement programs ss the Secretary delerrniaea may be useful. 1S. Termind Ikvdopmeat Prerequisites For projects which include lerrrrinsl development et a public uu sirpoR, as dcBocd in Title 49. it ba4 outhe date of aubmitW of the project grant requea4 all the safety equipmem required for cerlf anon of etch avport under section 44706 of Title 49, United State Code, and all the security equipment required by rule or rtgulation, and teas provided for access tithe pasaemger enplaning and deplaning area of such airport to passenger enplaning and deplaning from sireratl older thin sm artier a'vm11. 13. Accomfing SyMem, Aadil, and Record I4epmg Requlrevrents. a It ebaU keep all project acearnta and records wbich fully disclose the amoum and dispnition by the recipient of the proceeds of the Ban4 the total coat of Ose project in conrwclion with which the gram is given a used, and the amoum ar rsture of that parties of the cost oftlu project suppbed by other sources, end such other fimmial records pertinem to the project The accounts arrd records sbdl be kept in accordance vvdh eo accounting system that will facilitate an effective audit in accordaaCe wild the Single Audit Ad of 1984. b. It shall make available to ilu 3ecrdary endihe Compuoller luerreral of the United States, or any oftfiev duly audro[ized repreaenWivp, for the purpose of audit and examinatioq any books, dacrunents, paper, and [aomle of the recipiem that are pertinrnt to the grant The Secretary may require flat m appropriate audit be conducted by a Page 18 of 26 recipient Tn any case im which an independerd audM1 is made of the aorounts of a sponvar rclatingto the disposition of We proceeds rat's grant or relating fo the project in oonnectom with which the grant wu given or used, it shall file a certified copy of such audit with the Comptroller Generel of the United Slates not later than six (6) mwiha following the close of the fiscal year for which the audit wu made. 14. Midmam Wage Rates. It shall include, m sU contracts in excess of 52,000 fa work on any projeeG funded under the grant agreemwt which involve labor, provision establishing minhnum rates of wages, to be predetcmrined by the Secrdary of Lbar, in eceadance withtlu Davisl3ectxr Act, u amended (40 U.S.C. 276a-276a-S), which conttneton shall pay b skilled and umkifled labor, and such minimum rates shall be slated inthe invihtion for bids and shall be included in proposals or bids for the work 1S Veter+n'a Px[esrnce. it shall include in all contraW for work on any project funded under the grorrt agreement which involve labor. ouch provision u are necessary to insure that, in the employmcrrt of labor (except in executive. adminiatntive, and supervisory posiliom), preference shall be given to Vcteram of the Vietmm era and disabled veterans as defined in Section 47112 of Title 49, United States Codc. However, this prcferemce shall apply Daly where the individuals are available and qualifled to perform the work b which the employmeo'afl an be regarded az m aerovautrcal activity. and mat it will temrirrate airy excinive sight to conduct an aeronautical activity mw existing at sudr m a'vpoA before the grand of any ...islazrce under Title 49, Urdted Stites Code. 24. Fee and Rental Structure It will maintain a fee end rmW sfmcbue for the facilities and aervicea at the auprt which will make the airport u self ,a•l~l~g n pasnble under the cimrmatsnoe existng u ilia psAimlaz airport, taking ido aroou~ sudr factor as the volume oftrffic and ecanmry of coOectioa No paR ofOre Federal share of m airport developnrevt, aupat planing or mine compatibility project for which a grant u made under Title 49, United SWe Code, ilia Airport and Arway Improvement Ad of 1982, 16e Federl Airport Ad a ilY AiryoA and Airway Development Ant of 1970 shall be imluded inthe sate basis in ehblishing fees, rtes, avd charge for usaa of that airport 2S Airport Revennea a All revmua generated bythe airport and arty local taxes m aviatim met established aRer 1)ettmber 30.1987, will be expended by it for Ore capital or operating costa of the airport; Ore local airpoA system; or other tool facilities which arc owned or operated by Ore owner or operator of the airpoA and which are d'vectly and aubatmtidly related to 16e actual air irnporhtim of passenger or properly, or for mine miligatim purpose m a off the airport Provided, however, that if caverranb or assurances in debt obligatioru issued before September 3, 1982, by 16e owner or operator of the a'uprt, or provision enacted before September 3, 1982, in governing slatrrtes controlling Page 20 of 26 the owner «oprxatare furarrcing, provide f« the .' " of the rzvrnun from my ofthe avport owns «opnafofa fxilitiea including the airport, to wpport rot only the airport but also the airport owner «opttatw's general debt obligations « otltttfacilitin, then this limitation on the ux ofa11 revenue generated by the airport (rod, in the case of a public airppt, local taxn on aviation fuel) shall rant apply. As part ofthe aeuuul audit required uodtt the Single Audit Act of 1984, the epona« will direct that the audit will review. and therewrlling md'd report will provide m opinion canceming,the use of airport rzvrnue and taxes in parcgaph (a), and indicating whether funds paid «trandttred to the owner «operffior are paid «tramfttred m a manner corraistpd wills Tine 49, United Staten Code and my other applicable provisiw of law, including my rzgulation promulgated by the Secretary «Administrztar. Any civil peoakin «ofhtt sartctions will h imposed far violation of this essrrrmce in eowrdance with the prowiom of Section 47107 of Title 49, United Slates Code. 26. Report and loapeatlona It will: a submit to the secretary such amual « special fvunciel and operations reports es the secretary may reasonably request and make such repors available to the public; make available to the public at reuoruble times and plawx a report ofthe sirpoA budget in s format preewibed by the Secretary; b. f« airport developmem projects, make the airport and all artpoR records and docremems affecting the airport, including deeds, learn, operation and uu agreemenh, regulations and othtt instruments available f« inspection by my duly authorized aged ofthe Secretary upon resonable request; e. fm rotas caurpalibilily program projects, make rec«ds and donurxrtls relating to the project end continued compnmce whh the tents, conditiotn, and assurances of the grant agrettneM including deeds, leases, agreements, regulations, and othtt insuurnents, available f« inspection by my duly authorized agent of the SareLry upon rasonable request; and d in a format and time preacdbed by the Secretary, provide to the Secretary and make available to the public Following each of its f seal yeah, m mnual report listing in detail: () all amounts paid by the airpoei to mY other unit ofgovernmerd and the purposes f« which each such paymerd was made: and (ii) all setvicn and propMy provided by the a'vpoR W othtt units of government and$e amount of compenution received f« provision of each each service and property. 27. Use by (:overnmmt Alrcraalt.. It will make available all ofthe facinlin ofthe aiport developed with Federallinmcial sasistance and all those usable f« landing and takeoff of aircraft to the United Shtn F« use by Govarnmrnt a'ncraft in common with olhtt sirweft at all times without charge, except. ifthe use by Cmvemmrnt aircraft a mbstamisl, charge may be enadef« a reasonable share, proportiorul to such use, for the mri of operating and rnatn~-g the facilitin used Unless otherwiu dctermioed by the Secrctary, «othmvise agreed to by the apnna« acct the using agenry, mbstanGal ux of m airport by (iovttnment aircraft will be considered to exist when operotiam of each aircraft are in excen ofthaae which, inthe opinion of tba Secreary, would unduly interfere wiW use ofthe lording areas by rather authorized ancrafl, «during my calendar mouth thet- a Five (3) «morz Govttmnerd aircraft are regularly based at the airport «on laM adjacena fhtteto; « b. The total number ofnrovements (rousting each herding u a movemerd) of Govemmerd sirwaft is 300 «marc, « the gross accumulative weight of Government aircraft using fire airport (the total movement of Government aircraft multiplied by gross weights of such airwatt) is in excess of five millionpounda. 2& Irwd for Federal Fadlltlea It wnl famish without coat W We Federal Govttmneot f« uu w connection with my airtra6rc control «av mvigation aclivitin, «weether-reponing and communication activitin related to air traffic wntrol, my arena of land «wat«, «estate therein, «rights is bu8dinga of the apona« u the Secretary considers neceawy «dninble f« c«utruelioq operztioq and nrainKwnce at Federal expeme of space «facilitin f« such PmPores. Such areas «my poRian thereof will be made available u provided herein whlritr four momlu after receipt of a wrinrn requnt fiorn the Secreary. 39. Airporklwyout Plan. a It will keep up to date at all limn m airport layout plm of the a'upwt showing (1) boumlaren ofthe airport and all propped addition thereto. together with the boundarie of all offsite arsza owned « convened by the sponsor for airport purposes and proposed additions thereto; (2) the location and mturo of eU existing and proposed airport fecilitin and surrclurn (such ore runways, tardways, aprons, tenuioal buildings, bangers amt roads), including an proposed extrnsiace and reducliom of existing airport facnilin; arrd (3) the location of all exislhrg and proposed ttouaviatiem erns and ofall exisligg improvements thereon Such airport layout plans and each aowvdmem, revising «modificatianihereof shall be subject to the approval of the Secretary which approval shall lx evidenced by the signature of a duly authoized reprnentalive ofihe Secretary w the face ofihe aitpwt layout plan The sponsor will not make «permit airy drmge «alteralions inihe airport «my of its facndin which arz rot in conformity with the airport layout plm u approved by the Secreay and which might, in the opinion ofthe Secreary, adversely effect the safely, utility «efficienry ofihe auport b. ffa change «ahttation in the airport «ihe ficiliGe is made which the Secretary a»-^^:--- advttuly effects the safety, utility, «efficiency ofaay federally owned, leased, «fueded propety rm «offtbe airport and which is ml in conformity with the aipport layout plm n approved by the Secretary, the owutt «operator will, if [squealed, by the Secretary {I) eliminate such adverse effect in s manner approved by the Secretary; «(2) bear all arts of relocating such properly (« replacement thereof) to a site acceptable to the Secretary and all costs of ret«ing verb propeAy (« replacemrnl ihtteot) to the levtl of safely, utility, efficirnry, and cost of operation existing before the uwapproved change in the airpoA ails facilitin. 30. Clva RIBhh It will comply with aucfi min as arc promulgated to assure that ao pttaon shag ro the grounds of raft, weed, cola, national origin, xx, age. «hendicap be excluded lion paAicipating m my activity conducted with «brnef~ting from funds received from this 8mt- This assurance obligate the apauor f« the period during which Federal fmanrial assistance is extrnded to the program, except where Federal financial assistance is to provide, «is in We form of personal property a real propeAy «interest tberein «sWctures «improvemrnts thereon in which eau the assurance obligates the sponsor «my Page 21 of 26 transferee f« ibe longtt ofihe following periods: (a) the period during which the property is used F« a purpose f« which Federal firunrial arsidvrce is extended or f« anther purpose involving the provision of sunilar savicn «benefds, «(b) the period during whichthe spomor raisins ownership or possession oftbe property. 31. Dbpoad of Land. a F« land purchau;d under a grand f« airport mine oompatibilily purposes, it will dispose ofibe land, when the land is m longtt needed f« such purposes, d fa'v mukd value. et the earlied practrable live. That potion ofibe proaede of such disposition which is prop«tiooak to tbe United Sfates'share of acquisition of suck land will, al the discretion of the Secretary, 1) be paid k the Secretary f« deppil is the Trust Fund, «2) be reinvested in ro approved noise c«npatib'dAy project u prescribed Iry ibe Se«etary. b. (1) F« Ind purchased under a grant F« airport development purppea (othtt than noise compatibility), it will, when fhe k»d is m longer oeedad f« airport purposes, dispose of such land dfair marketvatue «make available k tbe Secretary an amount equal k the United States' propoRiamte share oftbe fair market value ofibe lead 1Lal portion of the Proceeds of wch disposition which is pmportioaak to the United States' share of the oosl of soquuition of~uch land will, (a) upon appliptionto tbe Seaefuy, be reinvesed w another eligible airport improvemem project «pmjeda approved by the SecreWy d that airport «within fbe national airport system, « (b) be paidto the Secretary f« deposit intbe Trust Fund if m eh®Tle project exida (2) Land dull be coraidered b be needed f« airport PurPoaea uodtt thu assurance if (s) it maY be needod f« aeronautical purposes (including runway protection zone) «save as miss buffs {and, and (b)tbe menus from interim uses of such land codributea to the financid self-auffirirncy of the airport Further, land purchased with a grant received by an airport operator «owntt before Ikettnber 31,1987, will be comidered W be needed for airpoA purposes ifibe Secretary «Fedttal agency making such grant before Decemhtt 31, 1987, was nWified by the operator «owner of the uap of such lend, did nd object to such ux, and the land continues to be used for that purpox, ends ux loving mtnouaced no later than December 13, 1989. c. Disposition of ranch lend ands (a) «(b) will be subject to the retemien «rpervation of my inlernl «rigldlherein necessary b ensure that such lend will only be used f« proposes which are aompalble with mine kvek associated with operation ofthe airport. 32. Fndneerin( and Dpipt Servlres. It wiU award each wrr4act. or subtonlraA f« program management, rnmWction mamgemenf, Planning studies, feasibility smdiea, architeclunl services, preliminary engineering, design, en@rree~6. aurvayin& mapping «rclated services with respect to the projwi in the same manner as a ooniract f« architerArrd sad err®rkering services u negotiated undtt Title IX ofthe Federal Property and Administrative Servim Act of 1949 «an equivalerd qualifications-based requirement prescribed f« «by the sPomor of the airport 33. Foreign Market Reatrictlom. It will not allow funds provided under this gram k be usedto fiord ant Prej~wktls~ enY product «suvice of a foreign country during the period in which such foreign country is listed by the United Stake Trade ReprcaenWive se denying fare and equihble market opportunities f« products and suppliers ofthe United SWp in procurcnrent and coratrnction. 3d. Poaeies, 3tandwda, and SpeciBcatloo5 It will tarty out the projeq in ace«dance wiW poliries, alandard4 and spdifiptiom approved by the Se«etary including but rat limited W the advisory cinaslan liskd iatbe Current FAA Advistzy C'aculan for AIP Projects. dated 7/1/99 and imluded in this gent, and w accerdance with applicable state polirieq standards, and spxifiptiom approved by the Secretary. 3S Rdocatlon acrd Real Properly Acgaieitlon (1) R wiU be guided in acqu'viog real property, to the greatest extend practicable under State law, try ibe land acquisition policies hs Subpart B of 49 CFRPart 24 and will pay «reimbune property owners f« necpaary eapn,.e. as yKCified in Subpat B. (2) It will provide a rclocatien esaislance program offering the aervicu described in Subpart C and fair and reasonable relocation payments and assistance k displaced persona as requvedm Subpart D andE of 49 CFR Part 24. (3) It will Duke available within a reasonable period oftime prim k displaoeroerd comparable replacement dweSiogs to displaced person m accordance wi16 Subpart E of 49 CFR Part 24. 3G Access Hy iakreky Buses. The aapat Dana «operat« will permit, k the maximum extent practicable, iokrcity buses « othtt mode oftnmporktiw to have access W the airport, however, it hu m obligation to fund apecid facilities f« intercity buses «f« other modes of traoep«ktiaa 37. DhWvanfaged Badness F.aterpr4ea T1w rccipiem shall nM dattimi^ w the base of nos, col«, natioml origin «aez m the sward and pttforowwro of any DOT-asaided contract or in the administration of its DBE program «tbe [equi[emmk of 49 CFR Part 26. The Recipient shall take all necnsa+y and reasonable steps ands 49 CFR Part 26 W enure urn disceimimtioa in the awardand administration ofDOT-asaiskd contracts. The recipient's DBE program, as rcqu'ved by 49 CFA PaA 26, and n approved by DOT. u incorp«akd by reference in this agreement Implementation of this program is s legal obligation sea failure to tarty out its terms shall be treated as a violation of Ibis agreemem. Upon ratification W the recipiem of ifs failure to tarty art its approved program, the Department rosy impose sanctiora as provided fm underpart 26 sad may, in appropriak pace, rata the mdter f« enforcement under 18 U.S.C. 1001 and/or the Program Feud Civil Reroedip Act of 1986 (31 U.S.C. 3801). Page 22 of 26 CURRENT FAA AD VISORY CIItCULARS FOR AIP/PFC PROJECTS Updates m: 7/1/99 The following apply to troth AIP sad PFC Projects NUMBER TITLE 70!1460-1J Obatrudiw Marking and lighting 130/3000.13 Announcement of Availability-RTCA Inc., Dowmenl RTCA-221, Guidmce and Recommended Requirnnersa for Airpwl Surface Movemad Season 130/5100.14C Arcldtxtunl, Engineering, sad Planning Conwllaot Services for Airport Grant projects 150/3200.30A, CHG I & 2 A'vpoR Wintu Safely sad Openlioro 130/3200-33 Harsrdow Wildlife A1tncUnta On m Near A'vportn 130/3210.3H Painting, Marking and Lighting of Vehicles Used w as Airport 130/3210.7B Aircna Fire and Reswe Commmiefiom 130/3210.13A Water Reeve Plaru, Facilities, and Equipment 130/3210.14A Airport Fire sad Remove Personnel Protective Clothing 130/3210.13 Airport Reeve & Firefighting Station Huildiag Dei®l 150/3210-18 Syslema for Inknctive Training of Airport Personnel 150/3210-19 I)rivefa Eohanoed Vision System (DENS) 150/5220AB Water Supply Systew for AiraaR Fire and Rescue Protection 130/3220-1OH Guide Specification for Water/Foem Type AiraaR Rowe and Firefighting Vehicle 150/5220.138 Rmway Surface Condition Senior Specification Guide 150/3220.16H Automated Weather Observing Systems for NonFedenl Appliptiam 130/3220-17A Deign SWdude for Aircraft Rexve Fircfighing Training Facilitie 130/3220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment sod Materials 130/3220-19 Guide Specification for Small, Dual-Agent Avasft Reawc and Firefighting Vehicle 130/5220.20, CHG 1 Airport Snow and la Control Equipmem 130/3220-21A Guide Specificatim for LiRs Used to Board Avlirre Passengers With Mobsdy Irnpaitmrnts 130/3300-13, CHG 1, 2, 3, 4, 3 Airport Design 150/5300-14 Design of A'ncratl Deicing Facilities 130/3300-13 Use of Value Engineering for Engineering Design of AirpoA One[ projects 150/3320-SB Airport Drainage 130/33206D Airport Paveme~ Design sad Evaluation 150/3320-12C Measurement, Construction, sod Maintenanre of Skid Resistant Avport pavement Surfaces 130/5320-14 Airport Landusping for Noise Control Proposes 150/5320-16 Airport Pavemem I)eigr for the Hoeing 7T/ A'uplaae 130/33234A, CHG 1 Runway Length Requ'aenwnts far Airport Deign 130/3340.16 Standards for Airport Markings 130/3340-4C, CHG 1 & 2 IattaOatiw Details far Runway CwlerErre Touchdown Zone Lighting Systems 130/3340.3B, CHG 1 Segmented Circle Aupmt Marker System 130/3340-14H, CHG 1 & 2 Econany Approach Lighting Aida 150/5340-17B Standby Power for Noo-FAA Airport Lighting Systems 130/3340.18C, CHG I Standards for Airport Sign Systems 130/3340-19 Taxiway Crnkrline Lighting Sysem 150/5340-21 Airyml Miscellaneous Lighting Visual Aids 150/5340.238 Supplemental Wind Coors 150/5340-24, CHG 1 Runway sod Taxiway Edge lighting System 150/3340-27A Air-to-Gromd Radio Conrol of A'vpott Lightng Syakms 130/3345-3D Specification for L821 Panek for Remote Control of Anpxt lighting 150/5343-SA Crrwil Selector Switch 130/5345-7D, CHG 1 Specification for L824 Underground Eledriel Cable for Ahpml lighting Circuits 130/3343-10E Specification for Constant Current Regulator Regulator Monitaa 130/5345-12C Specification for A'upat and Heliport Beacon 130/5343-13A Specification for L841 Auxiliary Relay Cahind Aaumbly for Pilot Control of Airport Ligbtrng Cirwila 150/5343-26H, CHG 1 & 2 Spermcation for L823 Plug and Receptacle, Cable Conneckrs 130/3343-27C Specification for Wind Cone Aasemblie 130/3343-28D, CKG 1 Preeisiw Approach Path Indicator (PAPn Systems 130/5343-39H, CHG 1 FAA Specification L833, Runway and Taxiway Ceoterliae Retroretlective Marker 130/5345.4X, CHG 1 Specification for Airport Light Baeea, Trarud'ormer Housingw, JuMion Boxes and Aaessorie 130/334343E Specificatiw for Obstruction Lighting Equipment 130/334344F, CKG 1 Specification far Taxiway sad Runway Sigro 130/334343A Lightweight Approach tight SWClure 150/534346A Spaification for Runway and Taxiway light Fixture 130/334347A Isolation Traa$'mmen for Airport Lighl'mg Systems 130/5345-49A Specificatim L834, Radio Control Equipment 130/3343-50, CHG 1 Specification for Portable Rmway lights 150/5343-31, CHG 1 Specification fa Dischargo-lype Flasher Equipmwt 150/5345.32 Generic Visual GGdelope Indicators (GVGI) Page 23 of 26 130/3343-33A, (includingaddendum) Airport li)~1vig Equipment Cati6catim Pmgnm 150/5360-9 Planning and Deaigo of A'upat Terminal Facilities et NonHub I.acatiom 150/3360.12A Aupal Si~iog & Graphic 150/3360.13, CHG 1 pluming and Deaiga Guidance for Airyat Termimd Facilities 150/5370.20 OpmtiooN Safety oo AirpoAs Dining Camlrudiae 130/3370bB Caarhudiaa Progea and Lupectiao Repot-Auport GaaM program ISO/3370.10ACHG 1, 2, 3, 4, S, 6, 7, 8, 9 SW,duda far Specifying Conatrudion of Airports 1 3 0/53 70. 1 1, CHG 1 Une of Nandptrudive Tenting Devices in Ore Evaluation of Aipmt Pavements 130/3370.12 Quality Control of Comhuciion for Airport Gnat Project ISO/3390dA Heliport Design 130/3390.3 Vertiport Daige Page 24 of 26 ATTACHMENT C CERTIFICATION REGARDING DRUGFREE 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 ea ongoingdrug-free awareness program to inform employees about- (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 P~aBaPh Ca): (d) Notifying the employee in the statement required by paragraph (a) that, as a wndition of employment under the grant, the employee will- (1) Abide by the terms of the srAfP.~,~t; 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 calendar 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, to 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 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such en employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, 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 (~, B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance {Street address, city, county, state, zip code) Kerrville Municipal Louis Schreiner Field Airport Kerrville, Texas 78028 Kerr County Check _ if there are workplaces on file that are not identified here. Signed: Dated: (i- /3• Zct72 Ron Patterson, City T nager Typed Name and Title of Sponsor Representative Page 25 of 26 ATTACIIlvIENT D PAVEMENT MAIlVTENANCE 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 airpoR 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. Inapectlon 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 AirpoR Pavements, the frequency of inspections maybe 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. Rernrd Keeping. Complete information on the findings of all detailed inspections end 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. 4. Information Retrieval An airpoR 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 repoR 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 end establishing an effective maintenance program Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair ere presented Page 26 of 26