ORDER N0. 2776$
AF~pROVE EXECUTION OF DOCUMENTS
FOR ENTITLEMENT GRANT FUNDS
AND AUTHORIZE COUNTY JUDGE TO SIGN SAME
On this the 'c3r•d day of September, 2002, upon motion made by
Commissioner PaldU~in, seconded by Commissioner Griffin, the
Court unanimously approved by a vote of 4-0-0, execration of
documents for• Fiscal Year 200c Entitlement Grant funds for the
fencing improvement pr~o.ject at the airport and authorize the
Ca~anty Judge to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY TNF. COURT.
MADE BY: Fred He OFFICE: County Judge
MEETING DATE:
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss execution of document for FY2002 Entitlement Grant funds for the fencing
improvement project at the airport and authorize the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
CountxJud e/Megan Caffall
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: 5:00 P.M. previous Tuesday.
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 towazds you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.

rHe cnv of
KERRVILLE, TEXAS
September 17, 2002
The Honorable Judge Fred Henneke
Kerr County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
RE: Texas Department of Transportation Fiscal Year 2001-2002 Entitlement Grant
Funds for Fencing Improvements at the Airport
Dear Judge Henneke:
The grant documents for the FY2002 Entitlement Grant funds for the fencing improvement
project at the airport have been forwarded for execution. The Commissioner's Court authorized
application for the Entitlement Grant at the April 22, 2002 meeting.
I have attached a copy of the grant documents and request consideration on the September 23,
2002 Commissioner's Court agenda.
Thank you,

Megan Caffall
Airport Manager
n
to
800JUNC71ON HIGHWAY • KERRVIU-E,TEXA578028-5069 • 830/257-8000
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.:0215KERRV
TxDOT Project No.: AP KERRVILLE 7
TxDOT Contract No.: 2XXAV 133
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").
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: install fencing at the Kerrville Municipal/Louis
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 percenturn of all allowablc project costs. This grant is made on and subject to the
Page 1 of 26
following terms and conditions:
Part TI -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., (Vemon and Vernon Supp), and the
Airport Zoning Act, Tex. I,oc. Govt. Code Ann, §§ 241.001 et seq. (Vernon and Vemon
SuPP)~
2. It is estimated that construction 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
$150,000.00 (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 [his
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 [hat 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.
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, without the consent of the Sponsor.
Page 2 of 26
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. 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 share of costs.
5. Sponsur, 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 funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
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.
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, 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 the improvements, not [o exceed 20
years; and
e. consistent with safety and security requirements, it shall make the airport or air
Page 3 of 26
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 fnr 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, Spvnsor 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 therein; 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
money from any source derived from airport operations must be deposited in said
Page 4 of 26
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 iaunediate 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 resu]t in undue hardship 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 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 funds. All
settlements or other final positions of the Sponsor, in court or otherwise,
Page 5 of 26
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 may be 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
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. For a project to replace or reconstruct pavement at the airport, the Sponsor shall
implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number 11. The sponsor shall use such program
for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the aitport. As a minimum, the program must conform to the
provisions in Attachment D "Pavement Maintenance Management Program", attached
and made a part of this agreement.
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
Page 6 of 26
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 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
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
b. Attachment C, 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 EquipmendConstruction 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 IS of each year the grant is open. In addition, semi-annual reports must be
submitted for the period October 1 -March 31 and April 1 -September 30. 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
Page 7 of 26
"Suhcontractor 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 scrvices 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
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 of pre-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 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 grants the State a power of attorney to act as its agent
to perform the following services:
Page 8 of 26
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 made pursuant, 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.
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
]. attendance at the final inspection meeting; and
Page 9 of 26
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
powcr of attorney, as granted by the Sponsor to the State in Part N -Nomination of
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
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 or 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.
Page 10 of 26
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 Vemon 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 he 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 requcsts 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
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 may be 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 11 of 26
Part VI -Acceptance of the Sponsor
The Ci[y 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 yi ~? day of , 200 ~
The City of Kerrville, Texas
Sponsor
_-~%~GG~~ ~~
Witness Signature
~~
Witn s Title
Signature - Q-
City Manager
Title
Certiftcate of Sponsor's Attorney
I, Michael C . Haves ,acting as attorney for the City of Kerrville
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 Karrvi 11 e ,Texas, this
Witness Signature
~~¢p~.Q e=k:c.la.
Witnes itle
~'~'dayof S~T~-/r-13~R ,20 Dz.
Attorney's Signat
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 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 N~ , 20~.
~' i
J~
Witness Signature
Witness Tit]
Kerr County, Texas
ponsor
Signature
Karr ('rnmty fi~p
Title
Certificate of Sponsor's Attorney
I, t;~V c*~ ~1~cjT L.E`S ,acting as attorney for Kerr County ,
Texas, do certify that I have fully examined the foregoing Agreement and the proceedings taken
by [he 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 ~ day of , 20x2,
~'~' /I 1"E4r.~.~
~tness Signature ?,ittomey's n lure
~.__.
4A L sp c2sTa~,., 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
approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
~~ ~~r--
David S. Fulton, Director
Aviation Division
Texas Department of Transportation _
Date:., / O / / ~l ~~ ~--
Page 14 of 26
ATTACHMENT A
CERTIFICATION OF AIRPORT 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: ~1
Title: Assistant City Manager
Date: r'~'3 - ~ L
Kerr County~Texas
(Sponsor)
X
M~~-
T1tle:Kerr County .T~ge
Date: /D - /D ~D~
Page 15 of 26
ATTACHMENT B PART V ASSURANCES
A. General.
These assurances shall be complied with in the performance of gran[ agreements for airport development, airport planning,
and noise compatibility program grants for airpott sponsors.
These assurances are required ro be submitted as part of [he project Airport Project Participation Agreement (hereinafter
referred to as "APPA") by sponsors requesting funds under [he provisions of Title 49, U.S.C., subtitle VB, as amended. As
used herein, the term "public agency sponsor" means a public agency with control of apublic-use airport; the term "private
sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
Upon acceptance of the gran[ offer by [he sponsor, these assurances are incorporated in and become part of the grant
agreement
B. Duration and Applicability.
Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assurances of the grant agreement shall remain in full force and effect throughout [he useful life of the
facilities developed or egnipment acquired for an airpott development or noise compatibility program project, ar throughout
the usefid life of the project items installed within a facility under a noise compatibility program project, but in any event no[
m exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall
be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as
an airpott. There shall be no Iimi[ on [he duration of the terms, conditions, and assurances with respect ro real property
acquired with federal funds. Furthermore, [he duration of [he Civil Rights assurance shall be specified in [he assurances.
Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1
also applies [o a private sponsor except that [he useful life of project items installed within a facility or the useful life of the
(acili[ies developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than ten (10) years from the date of acceptance of Federal aid for the project.
Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the gran[ agreement, only Assurances 1, 2, 3,
5, 6, 13, I8, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of [he gran[
agreement shall remain in full force and effect during the lite of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant [haC
General Federal Requirements. l[ will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate m [he project, acceptance and use of Federal funds for this project including but
not limited to [he following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(x), e[ seq.
c. Federal Fair Labor Standards Act - 29 U.S.C. 20I, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.'
e. Uniform Relocation Assistance and Real Progeny Acquisition Policies Ac[ of 1970 Title 42 U.S.C. 4601 e[ s .'
z
f. National Historic Preservation Ac[ of 1966 -Section 106 - 16 U.S.C. 470(f).~
g. Archeological and Historic Preservation Ac[ of 1974 - l6 U.S.C. 469 through 469e1
h. Native Americans Grave Repatriation Act - 26 U.S.C. Section 3001, et sea.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 -Section 102(x) - 42 U.S.C. 4012x. ~
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m, Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 -Title VI - 42 U.S.C. 2000d Ihmugh d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
p. American Indian Religious Freedom Ac[, P.L. 95-341, as amended.
q. Archirecmral Barriers Act of 1968 -42 U.S.C. 4151, et sea.
r. Power plant and Industrial Fuel Use Act of 1978 -Section 403- 2 U.S.C. 8373.
s. Contract W ork Hours and Safety Standards Ac[ - 40 U.S.C. 327, et se .'
t. Copeland Antikickback Act-IS U.S,C. 874.'
u. National Environmenml Policy Act of 1969 - 42 U.S.C. 4321 e s .'
v. Wild and Scenic Rivers Ac[, P.L. 90-542, as amended.
w, Single Audit Act of 1984 - 31 U.S.C. 7501, et seo,z
x. Dmg-Free Workplace Act of 1988 - 4I U.S,C. 702 through 706.
Executive Orders
Executive Order 11246 -Equal Employment Opportunity'
Executive Order 11990 -Protection of Wetlands
Executive Order 11998 -Flood Plain Management
Executive Order 12372 - In[ergovemmental Review of Federal Programs.
Executive Order 12699 -Seismic Safety of Federal and Federally Assisted New building Cons[mction r
Page 16 of 26
Executive Order 12898 -Environmental Iustice
Federal Regulations
a. 14 CFR Pan 13 -Investigative and Enforcement Procedures.
b. 14 CFR Patt 16 -Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
a 14 CFR Part 150 -Airport noise compatibility planning.
d. 29 CFR Part I -Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 -Contractors and subcontractors on public building or public work financed in whole or part by
loans or grants from the United States.'
f 29 CFR Part 5 -Labor standards provisions applicable m contracts covering federally financed and assisted
constmction (also labor standards provisions applicable [o non-constmction contracts subject ro [he ConVac[
Work Hours and Safety Standards Act).'
g. 41 CFR Patt 60 -Office of Federal Contract Compliance Programs. Equal Employment Opportunity, Department
of tabor
(Federal and federally assisted connecting requirements).'
h. 49 CFR Part 18 -Uniform administrative requirements for grants and cooperative agreements to state and local
govemmentc.r
i. 49 CFR Patt 20 -New restrictions on lobbying.
j. 49 CFR Part 21 -Nondiscrimination in Federally-assisted programs of the Department of Transportation
effeemation of Ti0e VI of the Civil Rights Act of 1964.
k. 49 CFR Patt 23 -Participation by Disadvantage Business Enterprise in Aitpatt Concessions.
1. 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs.'
m. 49 CFR Part 26 - Participation ey Disadvantaged Business Enterprises in Department of Transportation
Programs.
n. 49 CFR Part 27 -Nondiscrimination on [he basis of handicap in programs and activities receiving or beneti[ing
from Federal "
financial assistance.'
u. 49 CFR Pan 29 -Government wide debarment and suspension (non-procurement) and govemmen[ wide
requirements for drag-free workplace (grants).
p. 49 CFR Patt 30 -Denial of public works contracts [o suppliers of goods and services of countries [ha[ deny
procurement market access to U.S. contractors.
q. 49 CFR Patt 41 -Seismic safety of Federal and federally assisted or regulated new building constmction,'
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with State and Local Govemments.
b. A-133 -Audits of States, Local Govemments, and Non-Profit Organizations
(I) These laws do not apply to airport planning sponsors.
(2) These laws do not apply to private sponsors.
(3) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Govemments
receiving FeJetal assistance. Any requirement levied upon State and Local Govemments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance under
Tide 49, United States Code.
Specific assurances required m be included in gran[ agreements by any of [he above laws, regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor. I[ has legal authority to apply for [he grant, and ro finance and tarty out the proposed
project; [hat a resolution, motion or similar action has been duly adopted or passed as an official act of [he
applicant's governing body authorizing the filing of the APPA, including all understandings and assurances
contained [herein, and directing and authorizing the person identified as [he official representative of [he applicant
to act in connection with the APPA and m provide such additional information as may be required.
b. Private Sponsor: It has legal authority [o apply for the gran[ and m finance and carry out the proposed project
and comply with all Berms, conditions, and assurances of [his gran[ agreement. R shall designate an official
representative and shall in writing direct and authorize that person ro file [his APPA, including all understandings
and assurances contained therein; to actin connection with this APPA; and to provide such additional information
as may be required.
3. Sponsor Fund Av lability. I[ has sufficient funds available for that portion of Ne project costs which are nut to be paid by
the United States. I sufficient funds available [o assure operation and maintenance of items funded under [he gran[
agreement which i[ Il own w control.
4. Good Title.
a. It. a public agency or [he Federal govemmen[, holds good title, satisfactory to [he Secretary, to the landing area of
the airport or site thereof, or will give assurance satisfactory to the Secretary [ha[ good title wtll be acqu'ved.
b. For noise compatibility program projects [o be cartied out on [he property of [he sponsor, it holds good title
satisfactory to the Secretary to that portion of [he property upon which Federal funds will be expended or will give
assurance to [he Secretary that good title will be obtained.
5. Preserving Rights and Powers.
Page 17 of 26
a. It will not take or permit any action which would operate m deprive it of any of [he rights and powers necessary [o
perform any or all of the terms, conditions, anJ assurances in the gran[ agreement without the written approval of
the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of tight of
others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable [o
the Secretary.
b. It will no[ sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A [a this APPA or, for a noise compatibility program project, that portion of the
property upon which Federal funds have been expended, for [he duration of [he terms, conditions, and assurances
in the gran[ agreement without approval by the Secretary. If [he transferee is found by the Secretary to be eligible
under Title 49, United S[a[es Code, m assume the obligations of [he grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of [he sponsor's interest, and make binding upon the transferee all of the
terms, conditions, and assurances contained in this gran[ agreement.
c. For all noise compatibility program projects which are m be Gamed out by another unit of local government or are
on property owned by a unit of local government other than the sponsor, i[ will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that govemmen[ m [he
same terms, conditions, and assurances [hat would be applicable to i[ if i[ applied directly [o [he FAA for a gran[
m undertake [he noise compatibility program project Tha[ agreement and changes thereto must be satisfactory [o
[he Secretary. It will take steps m enforce this agreement against [he local govemment if there is substantial non-
compliance with the terms of the agreement.
d. For noise compatibility program projects [o be carried out on privately owned property, it will enter into an
agreement with the owner of that property which includes provisions specified by [he Secretary. It will take steps
to enforce [his agreement against the property owner whenever [here is substantial non-compliance with [he terms
of [he agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that [he airport will
continue [o function as a public-use airport in accordance with these assurances for [he duration of these
assurances.
f. If an arrangement is made for management and operation of [he airport by any agency or person other than the
sponsor or an employee of [he sponsor, [he sponsor will reserve sufficient rights and authority to insure [ha[ [he
airport will be operated and maintained in accordance Title 49, United States Code, the regulations and [he terms,
conditions and assurances in the grant agreement and shall insure [ha[ such arrangement also requires compliance
therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing a[ the time of submission of [his
APPA) of public agencies [hat are authorized by [he Slate in which [he project is located m plan for [he development of [he
area surtounding the airport.
7. Consideration of Local Interest. It has given fair consideration [o [he interest of communities in or near where the project
may be located.
g. Consultation with Users. In making a decision to undertake any airpor development project under Title 49, United States
Cade, it has undertaken reasonable consultations with affected parties using [he airport a[ which project is proposed.
9. Public Hearings. In projects involving [he location of an airport, an airport runway, or a major runway extension, it has
afforded [he opportunity for public hearings for [he purpose of considering [he economic, social, and environmental effects of
[he airport or mnway location and its consistency with goals and objectives of such planning as has been carried out by [he
community and i[ shall, when requested by the Secretary, submit a copy of the transcript of such hearings [o the Secretary.
Further, for such projects, it has on its management board either voting represenm[ion from [he communities where [he
project is lacatetl or has advised the communities that [hey have the right to petition [he Secretary concerning n proposed
project.
10. Air and Water Quality Standards. In projects involving airport location, a major mnway extension, or mnway location it
will provide for the Governor of the state in which [he project is located [o certify in writing to the Secretary [hat the project
will be located, designed, cons[meted, and operated so as m comply with applicable air and water quality standards. N any
case where such standards have not been approved and where applicable air and water quality standards have been
promulgated by [he Administrator of [he Environmental Protectimn Agency, certification shall be obtained from such
Administrator. Notice of certification or refusal [o certify shall be provided within sixty days after the project APPA has been
received by the Secretary.
11. Pavement Preventive Maintenance. With respect [o a project approved after January 1, 1995, for [he replacement or
recons[mction of pavement at [he airport, it assures or certifies [ha[ rt has implemented an effective airport pavement
maintenance-management program and i[ assures [ha[ it will use such program for the useful life of any pavement
cons[mcted, reconstmeted or repaired with Federal financial assistance a[ [he airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development a[ a public use airport, as defined
in Title 49, it has, on the date of submittal of the project grant request, all the safety equipment required for certnc~ahon of
such airport under section 44706 of Title 49, United Stales Code, and all the security equipment required by rate or
regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning
and deplaning from aircraft other than air Gorier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. II shall keep all project accounts and records which fully disclose the amount and disposition by [he recipient of
Page 18 of 26
the proceeds of the grant, the total cast of the project in connection with which the grant is given or used, and [he
amount or nawre of [ha[ portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system
[hat will facilitate an effective audit in accordance with [he Single Audi[ Ac[ of 1984.
I[ shall make available to the Secretary and [he Compuoller General of [he United States, or any of their duly
authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records
of [he recipient [hat are pertinent to [he grant. The Secretary may require [ha[ an appropriate audit be conducted
by a recrprent. In any Casein which an independent audit is mode of the accounts of a sponsor relating to [he
disposition of the proceeds of a grant or relating to [he project in connection with which [he gran[ was given or
used, it shall file a certified copy of such audit with the Compuoller General of the United States not later than six
(6) months following the close of [he fiscal year for which [he audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under [he grant
agreement which involve Tabor, provisions establishing mmtmum rates of wages, m be predetermined by the Secretary of
Labor, in accordance with the Davis-Bacon Act, as mnended (40 U.S.C. 276a-276a-5), which contractors shall pay [o skilled
and unskilled labor, and such minimum rates shall be stated in [he invitation for bids and shall be included in proposals or
bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under [he grant agreement which
involve labor, such provisions as are necessary to insure that, in [he employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as
defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where [he individuals are
available and qualified [o perform [he work to which the employment relates.
lfi. Conformity [o Plans and Specifications. It will execute the project subject to plans, specifications, and schedules
approved by [he Secretary. Such plans, specifications, and schedules shall be submitted m the Secretary prior to
commencement of site preparation, construction, or other performance under this gran[ agreement, and, upon approval of [he
Secretary, shall be incorpom[ed into this gran[ agreement Any modification to the approved plans, specifications, and
schedules shall also be subject [o approval of [he Secretary, and incorporated into [he gran[ agreement.
17. Construction Inspection and Approval. It will provide and mainmin competent technical supervision a[ [he conswetion
site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the
Secretary for [he project. It shall subject the constmetion work on any project contained in an approved project APPA to
inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by
[he Secretary. Such regulations and procedures shall require such cost and progress reporting by [he sponsor or sponsors of
such project as [he Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project APPA or
with the modifications similarly approved.
b. It will famish [he Secretary with such periodic reports as required pertaining [o [he planning project and planning
work activities.
c. ^ will include in all published material prepareA in connection with the planning project a notice [hat the material
was prepared under a gran[ provided by [he United States.
d. It will make such material available for examination by [he public, and agrees that no material prepared with
funds under [his project shall be subject to copyright in [he United States or any other country.
e. IL will give the Secretary unrestricted authority m publish, disclose, distribute, and otherwise use any of the
material prepared in connection with [his gran[.
f. It will grant the Secretary [he right [o disapprove the sponsors employment of specific consultants and their
subcontracmrs ro do all or any part of this project as well as the right to disapprove the proposed scope and cost of
professional services.
g. I[ will gran[ the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the
project.
h. I[ understands and agrees [ha[ the Secretary's approval of [his project gran[ or the Secretary's approval of any
planning material developed as part of [his gran[ does nut cons[imte or imply any assurance or commitment on the
part of the Secretary to approve any pending or future request for a Federal airport gran[.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of [he airport, other than facilities
owned or controlled by the United States, shall be operated at all times in a safe mtd serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will no[ cause or permit any activity or action thereon which would
interfere with its use for airport purposes. I[ will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard [o climatic and flood conditions. Any proposal to temporarily close [he
airport for non-aeronautical purposes must fits[ be approved by the Secretary.
In furtherance of this assurance, [he sponsor will have in effect arrangements for-
(q Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be cons[med m require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance.
Page 19 of 26
Further, nothing herein shall be constmed as requiring [he maintenance, repair, restoration, or replacement of any
swcmre or facility which is substantially damaged or destroyed due to an ac[ of God or ocher condition or
circumstance beyond the control of the sponsor.
b. I[ will suitably operate and maintain noise compatibility program items [hat it owns or controls upon which
Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such [ertninal airspace as is required to
protect instmmen[ and visual operations to [he airport (including esmblished minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, m [he extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the ailDOrt to activities and Durposes compatible with
normal airport operations, including landing and takeoff of aircraft In addition, if the project is for noise compatibility
program implementation, i[ will no[ cause or permit any change in land use, within its jurisdiction, [hat will reduce its
compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. [[ will make [he airport available as an airport for public use on reasonable terms and without unjust
discrimination [o all types, kinds and classes of aeronautical activities, including commercial aeronautical
activities offering services to [he public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at [he airport is granted [o
any person, firm, or corporation [o conduct or to engage in any aeronautical activity for famishing services to [he
public a[ the airport, [he sponsor will insert and enforce provisions requiring [he contractor m-
(I)furnish said services on a reasonable, and no[ unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the con[racmr
may be allowed m make reasonable and nondiscriminatory discounts, rebates, or other similar types of puce
reductions [o volume purchasers.
c. Each Exed-based operator a[ the airport shall be subject to the same rates, fees, rentals, and other charges as are
uniformly applicable [o all other fixed-based upemNi s making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carier using such airport shall have the right to service itself or [o use any fixed-based operator [hat is
authorized or permitted by the airport [o serve any air carrier a[ such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carier tenant) shall
be subject to such nondiscriminatory and substantially comparable roles, regulations, conditions, rates, fees,
rentals, and other charges with respect to facilities directly and substantially related to providing air transportation
as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities,
subject [o reasonable classifications such as tenants or nontenants and signatory cariers and nonsigna[ory
carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided
an air carrier assumes obligations substantially similar [o [hose already imposed on air carriers in such
classification or status.
f. It will not exercise or gran[ any right or privilege which operates to prevent any person, firm, or corporation
operating aircraft on the airport from performing any services on its own airemR with its own employees
[including, but no[ limited [o maintenance, repair, and fueling] [hat it may choose to perform.
g. In [he event the sponsor itself exercises any of [he rights and privileges refered to in [his assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
aeronautical service providers authorized by [he sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
the airport as may be necessary for [he safe and efficient operation of [he airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
necessary for [he safe operation of the airport or necessary to serve the civil aviation needs of [he public.
23. F.xdusive Rights. I[ will perm[ no exclusive right for [he use of the airport by any person providing, or intending [o
provide, aeronautical services [o the public. For purposes of this paragraph, the providing of the services a[ an airport by a
single fixed-based operator shall no[ be constmed as an exclusive right if both of [he following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide
such services, and
b. If allowing more than one fixed-based operator [o provide such services would require [he reduction of space
leased pursuant to an existing agreement between such single fined-based operator and such airport.
I[ further agrees [hat it will not, either directly ar indirectly, grant or permit any person, fern, or corporation, the exclusive
right at [he airport m conduct any aeronautical activities, including, but not limited m charter Flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carier opermions, aircraft sales
and services, sale of aviation peVOleum products whether or not conducted in conjunction with other aeronautical activity,
repair and maintenance of airemR, sale of aircraft parts, and any other activities which because of [heir direct relationship [o
the operation of airemR can be regarded as an
aeronautical activity, and that i[ will terminate any exclusive right to conduct an aeronautical activity now existing a[ such an
airport before the grant of any assistance under Title 49, United S[a[es Code.
24. Fee and Rental Structure. I[ will maintain a fee and rental stmcture for the facilities and services at [he airport which will
make [he airport as self-sustaining as possible under [he circumstances existing a[ the particular airport, taking into account
such factors as the volume of traffic and economy of collection. Nn part of [he Federal share of an airport development,
airport planning or noise compatibility project for which a gran[ is made under Title 49, United States Cade, the Airport and
Page 20 of 26
Airway Improvement Act of 1982, [he Federal Airport Act or the Airport and Airway Development Ac[ of 1970 shall be
included m the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by [he airport and any local [axes on aviation fuel established after December 30, 1987,
will be expended by i[ for the capital or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of [he airport and which are directly and
substantially related m [he actual air transportation of passengers or property; or for noise mitigation purposes on
or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September
3, 1982, by the owner or operator of [he airport, or provisions enacted before September 3, 1982, in governing
statutes controlling [he owner or operator's financing, provide for the use of the revenues from any of [he airport
owner or operator's facilities, including the airport, to support not only [he airport but also [he airport owner or
operator's general debt obligations or other facilities, then this limitation on [he use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall no[ apply.
b. As part of [he annual audit required under the Single Audit Act of 1984, [he sponsor will direct that the audit will
review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferted in
a manner consistent with Title 49, United States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit m the Secretary such annual or special financial and operations reports az [he Secretary may reasonably
request and make such reports available [o the public; make available ro the public at reasonable times and places
a report of [he airport budget in a forma[ prescribed by [he Secretary;
b. for airport development projects, make [he airport and all airport records and documents affecting [he airport,
including deeds, leases, operation and use agreements, regulations and other inswments, available for inspection
by any duly authorized agent of [he Secretary upon reasonable request;
c. for noise compatibility progrmn projects, make records and documents relating [o the project and continued
compliance with the terms, condirinns, and assurances of [he grant agreement including deeds, leazes,
agreements, regulations, and other instmments, available for inspection by any duly authorized agent of fie
Secretary upon reasonable request; and
d. in a forma[ and time prescribed by [he Secretary, provide to [he Secretary and make available m [he public
following each of its fiscal years, an annual report listing in detail:
(i) all amounts paid by [he airport m any other unit of government and [he puryoses for which each such
payment was made; and
(ii) all services and property provided by the airport to other units of government and [he amount of
compensation received for provision of each such service and property.
27. Use ny Government Aircraft. I[ will make available all of [he facilities of [he airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Govemment aircraft in
common with other aircraft at all owes without charge, except, if [he use by Govemment aircraft is substantial, charge may
be made for a reasonable share, proportional to such use, for [he cost of operating and maintaining [he facilities used. Unless
otherwise determined by [he Secretary, or otherwise agreed [o by [he sponsor and the using agency, substantial use of an
airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of [hose which, in
the opinion of [he Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month [hat-
s. Five (5) or more Government aircraft ;tie regularly based a[ the airport or on land adjacent [hereto; or
b. The mtal number of movements (counting each landing az a movement) of Govemment aircraft is 3(10 or more.
or [he gross accumulative weight of Govemment aircraft using the airport ([he total movement of Govemment
aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cos[ [o the Federal Govemment for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air traffic convol, any areas
of land or water, or estate [herein, or rights in buildings of the sponsor az the Secretary considers necessary or desirable for
construction, operation, and maintenance a[ Federal expense of space or facilities for such purposes. Such areas or any
portion [hereof will be made available as provided herein within four months after receipt of a written request from [he
Secretary.
29. Airport Layout Plan.
a. I[ will keep up to date at all times an airport layout plan of the airport showing (q boundaries of the airport and all
proposed additions [hereto, together with [he boundaries of all offsi[e areas owned or controlled by the sponsor for
airport purposes and proposed additions [hereto; (2) [he location and nature of all existing and proposed airport
facilities and s[mctures (such as mnways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities; and (3) [he location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such mrport layout plans and each amendment,
revision, or modification [hereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by [he signature of a duly authorized representative of [he Secretary on the face of fie airport layout
plan. The sponsor will not make or permit any changes or alterations in [he airport or any of its facilities which
are no[ in conformity with [he airport layout plan az approved by the Secretary and which might, in [he opinion of
the Secretary, adversely affect the safety, utility or efficiency of [he airport.
Page 21 of 26
If a change or alteration in the airport or [he facilities is made which the Secretary determines adversely affects
the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which
is not in conformity with [he airport layout plan as approved by the Secretary, [he owner or operator will, if
requested, by [he Secretary (I) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear
all costs of relocating such property (or replacement thereof) m a site acceptable to the Secretary and all costs of
resmring such property (or replacement thereof) to [he level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rates as are promulgated to assure [hat no person shall, on [he grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from
funds received from [his grant. This assurance obligates [he sponsor for the period during which Federal financial assistance
is extended to the program, except where Federal financial assistance is to provide, or is in [he form of personal property or
real property or interest therein or stmctures or improvements thereon in which case [he assurance obligates [he sponsor or
any transferee for [he longer of the following periods: (a) [he period during which the property is used for a purpose for
which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits,
or (b) [he period during which [he sponsor retains ownership or possession of [he property.
31. Disposal of Land.
a. For land purchased under a gran[ for airport noise compatibility purposes, i[ will dispose of the land, when the
land is no longer needed for such purposes, a[ fair market value, a[ [he emliest practicable time. That portion of
[he proceeds of such disposition which is proportionate to [he United Smtes'share of acquisition of such land will,
a[ the discretion of [he Secretary. I) be paid to [he Secretary for deposit in [he Tms[ Fund, or 2) be reinvested in
an approved noise compatibility project as prescribed by the Secretary.
b. (t) For land purchased under a grant for airport development purposes (other than noise compatibility), i[ will,
when [he land is no longer needed for airport Durposes, dispose of such land a[ fair market value or make
available to the Secretary an amount equal to the United Sm[es' proportionate share of the fair market value of the
land. That portion of the proceeds of such disposition which is proportionate to [he United States' share of the cost
of acquisition of such land will, (a) upon application m [he Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport ar within the national airport system, or
(b) be paid m [he Secretary for deposit in [he Tms[ Fund if no eligible project exists.
(2) land shall be considered to be needed for airport purposes under [his assurance if (a) i[ may be needed for
aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) [he revenue from
interim uses of such land convibutes to [he financial self-sufficiency of the airport. Further, land purchased with a
grant received by an airport operator or owner before December 31, 1987, will be considered [o be needed for
airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of [he uses of such land, did no[ object to such use, and [he land continues [o be used for
[ha[ purpose, such use having commenced no later than December 15, 1959.
c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right
therein necessary [o ensure that such land will only be used for purposes which are compatible with noise levels
associated with operation of [he airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program management, conswction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same manner as a convact for archi[ecmral and
engineering services is negotiated under Title IX of [he Federal Property and Administrative Services Ac[ of 1949 or an
equivalent qualifications-based requirement prescribed for or by [he sponsor of [he airport.
33. Foreign Market Restrictions. II will not allow funds provided under [his gran[ m be used [o fund any project which uses
any product or service of a foreign country during [he period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United Stales in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and
specifications approved by [he Secretary including but no[ limited to the advisory circulars listed in [he Current FAA
Advisory Circulars for AIP projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies,
standmds, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (I) I[ will be guided in acquiring real property, to [he greatest extent
practicable under State law, by [he land acquisition policies in Subpart B of 49 CFR Pan 24 and will pay or reimburse
property owners far necessary expenses as specified in Subpart B. (2) I[ will provide a relocation msistance program offering
the services described in Subpart C and fair and reasonable relocation payments and assistance [o displaced persons as
required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior [o
displacement, compmible replacement dwellings ro displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, [o the maximum extent practicable, intercity buses or
other modes of transportation to have access [o the airport, however, it has no obligation to fund special facilities for intercity
buses or for other modes of vnpsporta[ion.
37. Disadvantaged Business Enterprises. The recipient shall no[ discriminate on [he basis of race, color, national origin or sez
in the award and performance of any DOT-assisted convact ar in the administration of its DBE program or the requirements
of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 m ensure non
discrimination in the awmd and administration of DOT-assisted convacts. The recipient's DBE program, as required by 49
Page 22 of 26
CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of [his program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification ro [he
recipient of its failure to carry	out its approved program, [he Department may impose sanctions as provided for under Part 26
and may, in appropriate cases, refer the matter for enforcement under I8 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act 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	TITLE
70/460-IJ	Obstmction Marking and Lighting
150/5000-13	Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
	Recommended Requirements for Airport Surface Movement Sensors
150/5100-14C	Architectural, Engineering, and Planning Consultant Services for Airport Gran[ Projects
150/5200-30A, CHG 1 & 2	Airport Winter Safety and Operations
150/5200-33	Hazardous Wildlife Attractants On or Near Airports
150/5210-56	Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7B	Aircraft Fire and Rescue Communications
150/5210-13A	Water Rescue Plans, Facilities, and Equipment
150/5210-14A	Airport Fire and Rescue Personnel Protective Clothing
150/5210-15	Airport Rescue & Firefighting Station Building Design
)50/5210-18	Systems for Interactive Training of Airport Personnel
150/52]0-19	Driver's Enhanced Vision System (DENS)
!50/5220-4B	Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-IOB	Guide Specification for Wa[er/Foam Type Aircraft Aescue and Firefighting Vehicles
150/5220-13B	Runway Surface Condition Sensor Specification Guide
150/5220-16B	Automated Weather Observing Systems for NonFederal Applications
150/5220-17A	Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18	Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
	Materials
150/5220-19	Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20, CHG 1	Airport Snow and Ice Control Equipment
l50/522D-21A	Guide Specification for Lifts Used [o Board Airline Passengers With Mobility Impairments
150/5300-13, CHG 1, 2, 3, 4, 5	Airport Design
150/5300-14	Design of Aircraft Deicing Facilities
150/5300-IS	Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-5B	Airport Drainage
150/5320-6D	Airport Pavement Design and Evaluation
150/5320-12C	Measurement, Cons[mc[ion, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14	Airport Landscaping for Noise Control Purposes
150/5320-16	Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A, CHG 1	Runway Length Requirements for Airport Design
150/5340-1G	Standards for Airport Markings
150/5340-4C, CHG I & 2	Installation Details for Runway Centerline Touchdown Zane Lighting Systems
150/5340-5B, CHG I	Segmented Circle Airport Marker System
150/5340-14B, CHG 1 & 2	Economy Approach Lighting Aids
150/5340-I7B	Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C, CHG 1	Standards for Airport Sign Systems
150/5340-19	Taxiway Centerline Lighting System
150/5340-21	Airport Miscellaneous Lighting Visual Aids
150/5340-23B	Supplemental Wind Cones
150/5340-24, CHG 1	Runway and Taxiway Edge Lighting System
150/5340-27A	Air-to-Ground Radio ConVOI of Airport Lighting Systems
150/5345-3D	Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-SA	Circuit Selector Switch
150/5345-7D, CHG 1	Specification for LR24 Underground Electrical Cable for Airport Lighting Circuits
150/5345-IOE	Specification for Constant Curtent Regulators Regulator Monitors
150/5345-12C	Specification for Airport and Heliport Beacon
150/5345-13A	Specification for L841 Auxiliary Relay Cabinet Assembly for Pilo[ ConVOI of Airport Lighting
	Circuits
150/5345-26B, CHG 1 & 2	Specification for L823 Plug and Receptacle, Cable Connectors
150/5345 27C	Specification for Wind Cone Assemblies
150/5345-28D, CHG 1	Precision Approach Path Indicator (PAPq Systems
150/5345-396, CHG 1	FAA Specification L853. Runway and Taxiway Centerline ReVOreflective Markers
150/5345-02C. CHG 1	Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
	Accessories
150/5345-43E	Specification for Obstruction Lighting Equipment
I50/5345-04F, CHG 1	Specification for Taxiway and Runway Signs
l50/5345~SA	Lightweight Approach Light Stmeture
150/5345A6A	Specification for Runway and Taxiway Light Fizmres
150/5345-47A	Isolation Transformers for Airport Lighting Systems
150/5345-49A	Specification L854, Radio Control Equipment
150/5345-50, CHG 1	Specification for Portable Runway Lights
150/5345-51, CHG 1	Specification for Discharge-Type Flasher Equipment
Page 23 of 26
150/5345-52	Generic Visual Glideslope Indicators (GVGp
150/5345-S3A, (including addendum)	Airport Lighting Equipment Certification Program
150/5360-9	Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A	Airport Signing & Graphics
ISO/5360-13, CHG 1	Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C	Operational Safety on Airpors During Construction
150/5370-6B	Construction Progress :urd Inspection Report-Airport Grant Program
ISO/5370-10A CHG 1, 2, 3, 4, S, 6, 7, 8, 9	Standards for Specifying Construction of Airports
150/5370-11, CHG i	Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370-12	Quality Control of Construction for Airport Grant Projects
ISO/5390-2A	Heliport Design
150/5390-3	Vertiport Design
Page 24 of 26
ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies [hat 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 [he 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 [he workplace;
(2) The grantee's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee [o be engaged in the performance of the grant be given a copy of
the statement required by pazagraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the gran[, [he employee will-
(I) 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, to every grant officer or other designee on whose gran[ activity [he
convicted employee was working, unless [he 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 [he following actions, within 30 calendar days of receiving notice under pazagraph (d)(2), with
respect to any employee who is so convicted-
(1)Taking appropriate personnel action against such an employee, up [o 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 (t),
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/ Louts Sch ein r F; 11 A' part
vo r,. ..... mo ~an~R
Check _ if there are workplaces on~file that are no[ identified here.
Signed: ~~..~-/0.~/ Dated: Ss~, 27~ ZooL
Ron Patterson City Manager
Typed Name and Title of Sponsor Representative
Page 25 of 26 '~~~ C1F ,~ c',~~
~~ ~~'l~ r
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed
to assure that proper pavement maintenance, both preventative and repair, is performed. An airport
sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum,
include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a. location of all mnways, taxiways, and aprons
b. dimensions
c. type of pavement
d. yeaz of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstmcted, 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 yeaz. 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 yeazs.
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 minimum
information to be recorded is listed below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate,
so long as the information and records produced by the pavement survey can be retrieved to provide a
report to the FAA as may be required.
5. Reference. Refer to Advisory Circular 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 26