HomeMy WebLinkAbout2004-025SAOur Documents\Ordinances\04\Airport-Grant-Radios-TxDot.doc
ORDINANCE NO.020�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE PURCHASE AND INSTALLATION OF
AIRPORT RADIO EQUIPMENT AT THE DENTON MUNICIPAL AIRPORT;
AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF DENTON IN ORDER TO
IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation
Agreement with the Texas Department of Transportation relating to the purchase and
installation of airport radio equipment at the Denton Municipal Airport, a copy of such
contract being attached hereto and made a part hereof for all purposes and referenced as
TXDOT Contract No. 4XY-AV070 (the "Agreement").
SECTION 2. The City Manager or his designee is the City's authorized
representative who is directed to comply with any assurances, conditions, or agreements
required to be executed to receive the funds provided under the Agreement
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this theay of 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. 1) JX
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
m
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TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.:0418DENTN
TxDOT Project No.: AP DENTON 6
TxDOT Contract No.: 4XXAV070
Part I - Identification of the Project
TO: The City of Denton, 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 Denton, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
lmown 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repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to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: purchase and install aiport radio equipment at the Denton
Municipal Airport.
The Sponsor applies for federal non -primary entitlement 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 UNTIED
STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO
AS THE "FAA"), HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs.
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This grant is made on and subject to the following terms and conditions:
Part II - Offer of Financial Assistance
The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation
Code, Title 3, Chapters 21-22, et seq, (Vernon and Vernon Supp), and the Airport Zoning
Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp).
2. It is estimated that construction project costs will be approximately $166,667 (Amount A). It is
further estimated that approximately $166,667 (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.
The maximum obligation of the United States payable under this offer shall be $150,000
(Amount C).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the State to
provide funding to complete the approved work items of this grant and not to amend the scope
of work to include items outside of the current determined needs of this project. Scope of work
may be amended as necessary to fulfill the unforeseen needs of this specific development
project within the spirit of the approved scope, subject to the availability of state, federal, and/or
local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $16,667 (Amount D).
The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the
federal share (Amount Q.
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 11-2. The State shall refund to the Sponsor, at the financial
closure of the project, any excess funds provided by the Sponsor.
5. If there is an overrun in the eligible project costs, the State may not increase the grant to cover
the amount of ovemm. The Sponsor is responsible for all overruns. The State will not authorize
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expenditures in excess of the dollar amounts identified in this Agreement and any amendments,
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.
6. Sponsor, by executing this Agreement certifies, and upon request, shall finnish 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 goverment 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 cf all funds for the project and its ability to
finance and operate the project.
Expenditures for eligible project costs for the above project made by the State or the Sponsor
prior to the award of a federal grant for said project, and prior to actual receipt of the authority
to expend federal grant fiords, shall be made from Sponsor funds.
Monthly grant payments to the Sponsor will be made upon request to the State. Payments of
the State's 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
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
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for the useful life of the improvements, not to exceed 20 years; and
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, lands and classes and shall provide adequate
public access during the term of this Agreement; and
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 fights, 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
IL 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
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 wed to acquire the mineral estate of airport lands or any
interests therein; and
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
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executed copy of the resolution, order, or ordinance creating such a fund shall be
submitted to the State. Such find may be an account within another fund, but must be
accounted for in such a manner that all revenues, expenses, retained earnings, aid
balances in the account are discernible from other types of moneys identified in the fluid
as a whole. All fees, charges, rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and shall not be diverted to the
general revenue 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 is 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 arch interests will be impractical or will result in undue
hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the
State unless Sponsor has, prior to such 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
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
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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 fiords
recovered by settlement, order or judgment, to the State. It shall famish 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,
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.
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 airport. 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.
The Sponsor agrees to assume the responsibility to assure that all aspects of the grant and
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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.
Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise compatibility for which funds
are provided under this grant The sponsor will include in every contract a provision
implementing this special condition.
9. SPECIAL CONDITION: Except for instrument landing systems acquired with 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 rut 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 Equipment/Construction Contracts;
d. Sponsor Certification for Construction Project Final Acceptance;
e. Sponsor Certification for Real Property Acquisition.
12. The Sponsor shall administer Disadvantage Business Enterprises (DBE) Program in accordance
with federal regulations. They shall report the amount of participation to the State for the period
ending September 30 of each year the grant is open no later than October 15 of each year the
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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 "Subcontractor
Monitoring System" and when appropriate "DBE Prime Contractor Payments to Non -DBE
Subcontractors."
13. The Sponsor shall submit to the State the following:
a. documentation of official designation of the consultant selection committee, evaluation
criteria, scoring matrix and consultant ranking; and
b. if property acquisition is funded under this grant, documentation of the professional
service contracts (e.g. surveyor and appraisal), and negotiation and settlement
agreements; and
C. prior to entering into professional services contract: copies of the independent
engineering fee analysis and negotiation summary, and
d. advance notification of the project pre -design meeting; and
e. prior to start of preliminary design phase: design option selected after review of the
preliminary engineering report; and
£ 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
L copies of the as -built plans and Exhibit A, property map, if changed from the one on file
with the Aviation Division.
14. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at
non -primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000
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pounds gross take -off weight. The sponsor agrees not to request additional AIP funds for
reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years
from pavement acceptance.
15. SPECIAL CONDITION: The Sponsor must demonstrate that statutory requirements such as
minimum wage requirements and Veteran's preference were met in the construction or
improvement of the control tower. In addition, the Sponsor must demonstrate compliance with
environmental reviews, Disadvantaged Business Enterprise, professional services contracting
and requirements under 49 CFR Part 18, the regulations covering grant programs including
competition requirements.
Part IV- Responsibilities of the State
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:
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 m 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.
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
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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
attendance at the pre -construction meeting; and
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
M. maintaining record drawings.
PART V - Recitals
1. The Sponsor shall obtain an audit as required by federal or state regulations; and procure and
forward to the State and FAA such specific project documentation as is necessary to complete
all aspects of this project.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The power of
attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited
power to perform acts in connection with airport improvements as specified in or necessitated
by this Agreement.
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
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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.
If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice
to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the
following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the corrective
action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider the
suspension or termination. Such request for reconsideration shall be made within 45 days after
receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp.). Failure to comply with the terms of this Agreement or with the aforementioned Hiles
and statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of this
Agreement. If, however, after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the
terms and conditions of this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended pursuant to the Agreement
herein, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to
bring suit seeking reimbursement of any money expended on the project pursuant to the
Agreement herein, provided however, these remedies shall not limit the State's authority
to enforce its rules, regulations or orders as 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.
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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 denied or
delayed.
9. This Agreement constitutes the full and total understanding of the parties conceming 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
12. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Page 12 of 27
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations, warranties,
covenants and agreements constituting the described project and incorporated materials referred to in
the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms
and conditions of the Agreement.
Executed this ` day of 20OV.
The City of Denton Texas
FPS
�ita.r/ice
I11 1 'JI. /-
�/L
:I11 1
Certificate of Sponsor's Attorney
I, to c r V J Ply acting as attorney for C% Df Da "44 .
Texas, do certify that I ha a fully examined the Agreement and the proceedings taken by the Sponsor
relating, 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 �Qi�%P/ YJ , Texas, this day of
u v1. RRI I t-
MVI 'y
Page 13 of 27
20P
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
Page 14 of 27
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 Denton Texas
(Sponsor)
Title:
Date: t ov
Page 15 of 27
ATTACHMENT B PART V ASSURANCES
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport developmed airport planning, and
noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted m part of the project Airport Project Participation Agreement (hereinatI f referred
to as "APPA'7 by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VD, as amended. As used herein,
the term "public agency sponsor" means a public agency with control of a pubkause airport; the term "private sponsor" means a
private owner of a publiouse airport, and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant fifer by the sponsor, these assurances are incorporated in and become part of the giant agreement
B. Duration and Applicability.
Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assmmces of the grant agreement shall remain in full force and effect throughout the useful life of the facilities
developed or equipment acquired fan an airport development or noise compatibility program pmjwt or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in my event not to exceed twenty (20)
years Cram the date of acceptance of a grant offer of Federal fords fan the project However, there shall be no limit on the duration of
the asmrmom regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Them shall be no limit
on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the
duration of the Civil Rights assurance shall be specified in the assurances.
Airport Development or Noise Compatibility Project& Undertaken by a Private Sponsor. The preceding paragraph 1 also
applies to a private sponsor except that the useful life of project items installed within a facility or the useful He of the facilities
developed or equipment acquired under an airport development or noise compatibility program project shall he no less then tan
(10) years from the date of acceptance of Federal aid for the project.
Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6,
13, 19, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shall remain in full farce and effect during the life of the project
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that
General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the project, acceptance and use of Federal fords for this project including but not
limited to the following:
Federal Legislation
a Title 49, U.S.C., subtitle VU, as amended
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seo. '
c Federal Fair Labor Standards Act - 29 U.S.C. 201, at seq.
d. Batch Act - 5 U.S.C. 1501, et seq.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea!
f National historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470(f),I
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.'
h. Native Americans Crave Repatriation Act - 25 U.S.C. Section 3001, et sec.
i. Clean Air Act, P.L. 90-148, m amended
j. Coastal Zone Management Act, P.L. 93-205, as amended
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. '
L Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
re. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 -Title VI -42 U.S.C. 2000d through dd.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, m sea.
P. American Indian Religious Freedom Ac4 P.L. 95-341, m amended
q. Architectural Barriers Act of 1968 42 U.S.C. 4151, at seo.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seer
t. Copeland Antikickback Act -18 U.S.C. 874.'
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 e, t sae.'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seo.'
X. Drag -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a 14 CFR Part 13 - Investigative and Enforcement Procedures.
Page 16 of 27
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enfncement Proccediags.
C. 14 CFR Part 150 - Airport noise compatibility planning.
it. 29 CFR Part 1 - Procedures for predehnnination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public wmk financed in whole or part by loans
or grants from the United States.'
f 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction
(also labor standards provisions applicable to non -concoction contracts subject to the Contract Work Hours and Safety
Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor
(Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements fan grants and cooperative agreements to state and local
governments.'
i. 49 CFR Part 20 - New restrictions an lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation -effectuation of
Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
1. 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs.
1t
in. 49 CFR Part 26 —Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
U. 49 CFR Part 27 - Nondiscrimination an the basis of handicap in programs and activities receiving or benefiting from
Federal
financial assistance.'
o. 49 CPR Part 29 — Government wide debarment and suspension (non-procuremeat) and government wide requirements
for drug -free workplace (grants).
P. 49 CFR Part 30 - Daniel of public works contracts to suppliers of goods and services of countries that deny
procurement market access in U.S. contractors.
q. 49 CFR Part 41 - Satanic safety of Federal and federally assisted or regulated new building construction.'
Office of Management and Budget Circulars
a A-87 - Can Principles Applicable to Grouts and Contracts with State and Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-Pmfit Organizations
(1) 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 Governments receiving
Federal assistance. Any requirement levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or chambers are incorporated
by reference in the grant Warrant
2. Responsibility and Authority of the Sponsor.
a Pubic Agency Sponsor: It has legal authority to apply for the grant, and to finance and tarty out the proposed
project, that a resolution, motion or similar action has been duly adopted or passed as an official act of the appliances
governing body authorizing the filing of the APPA, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the applicant to act in connection with the
APPA and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and tu finance and carry out the proposed project and
comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this APPA, including all understandings and
assurances comained therein; to act in connection with this APPA; and to provide such additional information as may
be required
3. Sponger Fund Availability. It bag sufficient Nods available for thin portion of the project costs which are not to be paid by the
United States. It as sufficient bands available m assure operation and maintenance of items funded and" the giant agreement which
it will own or control.
4. Good Title.
a It, a public agency or the Federal government, holds good tide, satisfactory to the Secretary, to the lending areaof
the airport or site thereof or will give assurance satisfactory to the Secretary that good title will be acquired
b. For noise compatibility program projects in be carried out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give
issuance to the Secretary that good title will be obtained.
Preserving Right, and Powers.
a It will act take or permit any action which would operate to deprive it of any of the rights and powers necessary to
perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others
which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title er other interests in the property
shown on Exhibit A to this APPA or, for a noise compatibility program project, that portion of the property upon
which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the giant
agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible order Title 49,
United States Code, to assurne the obligations of the grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing
Page 17 of 27
of the sponsor's interest, and make binding upon the transferee all ofthc forma, conditions, and ass moms contained in
c ids grant agreement
For all noise compatibility iemgmm projects which are to be carried out by another unit of local government or are on
governor owned Except
fl unit of local government other am the sponsor, it will color into an a
government. Except os otherwise specified by the Secretary, that a
terms, Conditions, and a agreement with that
suranca frog would be applicable to it if it cemcot � obligate that for
gran tt the same
Sedertake the noise comps tbilih program Project That applied gees shdheCsly a the FAA for a grant to Secretary. It will mks steps m anforea this agreement and changes sereto must u satisfactory m the
aompnence with the terms of the agreement against the local government (there is substantial non-
d. For noise compatibility agreement
P tY Program Projects to be carried out on privately owned property, it will enter into steps toan
With the owmw of that property which includes mvisiow specified by the Secretary. It will take
If agreement against the property P are.
e. P party owner whenever there s substantial non-comphence with the ttimts me crib ties
this
If the sponsor s a private sponsor, it will take steps satisfactory to the Secretary to ensure that the
to function as a publiouse agreement
f airport m accardance with these aseinances for the duration of these
Port will continue
If an arrangement s made for c avagenumt and aperation of the airport by eny agency or assume
ces.
or an employee of the sponsor in 'the sponsor will reserve sufficient rights and authority to Person other than the sponsor
operated and maintained in accordance Title 49, United States Code, thereh Insure that the airport will be
esuapces in the grant agreement and shall scare that such regulations and the terms, comlitinna and
6. arrangement also requites compliance therewith.
Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
APPA) of public agencies that taro authori
Surrounding thee airport zed by the State in which the Project is located to plan for the development of the area
7• Consideration of Local Interest It has
be located given fain consideration to the interest of cammnnities in or near where the
projem may
g• Consultation with Use". In meld°
it has Undertaken Mesurable consulmrygona decision to undertake any airport development project under Title 49, United States Code,
with affected parties using the airport a[ which project is Proposed 9• Public Hearings. ]a
projects involving the locpurpose
Of an taring t an eirpon noway, ora maj or nmwa e
Oho Opportunity fard its c heartens for the purpose of considering the economic, social, and coviroumem
noway location and is consistency with oafs Y xtenshoq it box afforded
Shell, when 8 and objectives of such planning as has been W etrecs of the mhport or
'equated by the Secretary, submit a copy of the transcript of such hearings re the
aorenntby the community and it
it has on is management board either voting reprosenation from the communities whew the projectmyoaFurther, for such projects,
right Petition the Secretary concerning a Proposed project he advised the -
10. Air and Water Quality Standards. In ro'
Provide for the Governor of the state s which tect involving airport loation, a major runway exteredoq or noway location it will
located, designed, consuloperated projem is loafed w certify m writing to the Secretory mat the such s approved and where applicare ble av en lY with hate rle air and water quality e Secretary fled therda In Project
ny win be
aodaala have not been
quality
Administrator of the Eovuonrncotul Protection Agency, certification sate be obmmeaddards have been Promulgated by the
from certification or refusal re certify shall be Provided within sixty days after the such Administrator by. Notice of
11. Pavement Preventive Maintenance, With respect to a project Protect y 1, 1 he been received m the Secretary.
tecZt etion ofpavement at the stop 0r, it exSam s or approved afterMaosry 1, 1996, for the
management pronto° and it os certifies that it has implemented an effective aupot�t replacement or
repotted with Federal sores that it will use such Program for the useful life of encons
Pavement maintenence-
financiel asastnnce at the airport It will provide such Y Pavement constructed, tecotatructed or
management Programs as the Secretary detemhma may be useful reports on pavement condition and pavement
12. Terminal Development Prerequisite, For project which include
Title 49, it has, on the data of submits! of the termmat development at a public use
airport nnder section 44706 of Title 49, UnitedinnS�tes�odc �d � csafetye equipment artifimPOrt, a defined s
provided for access to the reqrequiuired for ued by le or re ul ti each
other dun air artier aircraft raco6er enPlmmg and deplaning area of such airport m passengers enplaning and dePlaasg from dairfin
cmit
13. Accoundng System, Audit, and Record Keeping
a It Shall keep Requirements,
all project ecoouns and records witch fatly disclose the amount and disposition by the recipient of the
proceede of the grant, the oral oast of the project in connection with which the grant is
b nature of mat portion S the nex of the project suppned by other sources, and Such Other financial
or used, the project. The acconns and recortls shall be ke t s accordance ed. vend the amount
effective audit hh accordance with the Single Audit Am of 19g4�ce with an accounting System t records pertinent to
b• It shall make available to the g Ystem thaz Corr! faciliste an
authorized reSeem Po� ofth�v ter General of the United State, or any of their duly
preunadva, far the
recipient that are pertinent to Oho grant The S t and examimtia 4 any books, docmnents, papers. and records of the
In any case to which an independem audit s made the may require that m appropriate audit be c
Proceeds of a onducted by a recipient
certified co of h audit the Cam the et m connection with which too mot relating
taro disposition of the
COPY goat was used, it shut file a
the close of the fiscal Comptroller General of the United States not later than six 6
Year far which the audit was made, () moaths Fallowing
14. Minimum Wage Rates, It slat include, s
agrcemcot Coach evolve abo{ an cons in excess of $2,000 for work on any projects funded and, the
accordance with the Davis-Bacon�c Rohs asabl* g ndnimmn rams of wages, to he Predetermined �t
labor, and Such mini 4 amended (40 U.S.C. 2 e rates
w which contractors Pacmre bind by
the eSmmmy. of Labor, in
Kamm rates shall be stated in the invistion for bids and shot be included s pay
killed and ❑nskilled
15. Veteran's Prefereoca It Shan ' proposals or bide for the work
labor, Such include to heme for work to any project funded under the
provisions a are necessary to i°sore that, in the employment of labor (except in executive greemeat which involve
administrative, and
Page 18 of 27
16.
11.
18.
as defined in Secant 41112 of
disabled velausc sable and 4ndfied to perform
be give° to Vea180s of the Y Y� are the individuals are
supervisory positions), preference sltafithis prelismace shall apply ved by
United States Cade. However.lates. re plans, psoificatioos, and c� � f
sc tip
Title 49, ant ro s site
Which fire empl°Y4e the10 ealted India SecraterY poor m common 1 be
the cook re re l b p 1 al of the Secretary, also ba sublet[
ecFftc. a. It wtfi ex shall be submi t,u'pa epprov and schedules ahafi
Conformity to YlamasmndspSoei fiestioos, and scheme this goat agraam°° sfications,
SuchP performance m re doe approved Pl8°a, sPaa
the Secretary• ctio0. or otba p mndiftcation inert
preparation, contra t agreement "Y to the giant wee t technical supervision m theme 3ecretarY bructim site
incorporated into this grey din for the
to approval of the Secretary, avd incorporated maintain compare^ and sched°1es approved by . approval by
It will Provide and inain APpA to inspection and id
Apple to the Plans, 8Pe. anaons, tuy. Suel rehaIl°gym
Inspection and App conisinad m as approved Proj
construe don InsP re asstre that the wmk conf°ii°s rotedureS im f ri h cer the St io die SecTatery
ti ronlah m the prof constriction wmk on any with
Mil lions and P of Bach preJact m
b ect the k,ladl accordance with r ingb or sponsors
theScrtsha�derchwork shahbetn ieportinBbY the sPonsa
the Secretary s shall teq°ire sreh cost and progress
and PtOC�me ed in the Pioject AYYA ¢with the
necessary. earmtive contain work
Projects. in canY1 S act inac oo[rdancece vulth the approved pro8rd°i planning PiOlect and planning
planning Is its aq regsirad Perlamt°9 t0 �0 al was
exectda the P J material
a oaaons similarly Lary Yh such ponedm repo honing Project a noaco that the
It will furmsh the Seem tary with the P
b. raid is connection that no material PoaP°oed vnth funds
1, activities. all nblished matarielUp�d States. public, and agrees
h arils°un�1° �t provided by "nation by �a P other country any of the material
C. a tonal avallable for exorable and otherwise rsa
he a anch me m copyright in the United States or distribute,
ais 'bate,
It vnll mak shaft be ambjecr titonty m Publish, disclose, Imats and their
d' under this Project nrnestricred an tot of specific cons` d cost of
It will give the Secretary this I reve the sees employment the proposed scope ao
c. prepared he co �coti3cewetta�ry heright to dim ut as well as the fight m disapproves fi of the project.
It wild grant art of this P 1 to do all a an�in of MY planning
f re m do all a any P of the SPo°s°{s anPkothe sSac rays aW art of the
proofesssi� services. rove the use t or flu 46em on the p
the right to disepps eppmval of this r imply
putt assurance or commi
It will Bract are Secrete s �t the Sec Lo � not constitute or imply atY
g airport
t
h' Ima�enadeistandsloped is n art of this m6fi ro "I', for Federal n fan
Sectary re approve MY Peodm es owned
ects of the airport, other than in accordance
facilities
m serve the am' a safe and. le We ioagencies rdance
atanntea. rave at all titres in e safe and setviceab
operation and Mat which linable Federal, seta andwith its use
19. a The airport and all fa pities grates, eared iharewith,
the United S as may ba coned or PmSeribed by aPP actin¢ iheaon which aaoulc�m. era
or controlled by snap ormlt any activity ail facka. thereon aeroeaotical
not cause or P the airport a MIRY close the sup"
For Ron.
with �� d operrhum It will Operate and maintaie to temp
rt lnrrim' ' - tic and fiend conIt will sintab ditions. Any Proposal
for airport
with ossese regard
W be approved by the Seerewill etaots for-
PL1P° r will have in effect anon& conditions: and
trance of this --romeca, thensP°d Hkties whatever teopined' dens, including temP"ary
1. I It.
ppersatinyg�lai good ligb�g y � a agaticil ea essir�use copiloted for maintenance.
oam Funhat� thing
cal we during °�
(2) a'rm ed re Is . that a replacement of any annotate or facility
ch operation at
(s) Promptly notifying bell be coosna.c conditions interfere stored"
su Le beyond the control
Nothing it C We mandeoaace, raPau, raameatit0. or cneumsran
periods when snow, fl ed esi� china set of God or other wnditio¢ r wlsich Federal
hmein shall be �sp5ini °damaged a destroyed due m an ids that it owns or controls uP°
which is substan noise cmr afibilitY Pmgonn
of the sponsor. rtall"d re printer
It will amiably °Painre'md maintain as rely cleared and
b. fords have been expended' that snob terminal airspaces�
rune action re acom night altitudes) wilt
tl alton.lt will [aka appr°P ectahlished minirmtm mingatin6 existe6 toP°ohaaards
anby
d ML B rho ahpoit (tn°l�uginor aBbtiIIB or Otherwi
20 gazard Removal eporaaons t relocating, mar laws, re mstrict
instmnent end visual lowering, n of future barsr� uding the tion of rating
�vembig the esmblishment a aeea° In ties saincl Purposes o°mPatible aidi normal airport
the extern ream d implemenmtion, it
It will take appropriate of the airport to aaa compatibility Program ct re the
immediate vicinity if the Project is for noise comp atibilitY, with respe
Compatible Lsad U landing aod>akeOff of ahcralL in additio0.
21. are use of land adJacam toor in the iraa nrisdicaon, Gist coin reduce its expended'
including o in lard use, witldn ins j feeds have been expenrlea
lions. oho maasuras upon which Federal crirrination re
nwpril not cause or Permit any
compatibility 4rO� sad widrom unjust firs caste
airport, of the torsi enable teems activities offering aervi
ttP anon. for public use on teas id eoronevoical
available as an airp°rt.vities, including °O1t16 nit is Bunted re any
22. Economfe it will make thotho� as of aeronautical act rivil'il at the sup m the Pcblic at
S. all typos, kinds der which a right or P burnishing
services
or other eirange°ientua soronautiwk activity for rural
the Public at try theme °n mot, lease,ge, in any r to-
b. persm4 &n0. a coRd don
lmmeantduct and ceforce pro ions re4virinB the watracto
the airport, the spa
Page 19 of 21
(1) famish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may
be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
a Each fixed -based operator at the airport shall be subject to the same rates, fees, renals, and other charges as are
uniformly applicable to all other fixed -based operators making the same or similar was; of such airport and utilizing the
same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use my fixed -based operator that is
authorized or permitted by the airport to serve my air cattier at such airport
C. Each air carrier using such airport (whether as a tenant, resident, or subtenant of mother air carrier tes int) shall be
subject to such nondiscriminatory and substantially comparable rules, 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 mch air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as towels or sometimes and signatory carriers and nonsigetory carriers. Classification or status as
lower or signatory shall not be unreasonably withheld by my airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification or status.
f It will not exercise or great my right or privilege which operates to prevent my person, firm, or corporation operating
aircraft on the airport from perforating my services on its own aircraft with its own employees (including, but not
limited to maintenance, repair, and fueling] that it may choose to perform
g. In the event the sponsor itself exercises my of the rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
wmoautlwl service providers authorized by the sponsor =der these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the
airport se, may be necessary for the safe and efficient operation of the airport
i. The sponsor may prohibit or limit my given type, kind or class of aerowutical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by my person providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based
operator shall not be construed as an exclusive right if both of the following apply:
a It would be unreasonably costly, burdensome, or impractical for mom am one fixed -based operator to provide such
services, and
b. If allowing more than one fixed -based operator to provide such services weld require the reduction of space lensed
pursue[ to an existing agreement between such single fixed -based operator end such airport
It further agrees that it will not either directly or indirectly, grant or permit my person, firm, or corporation, the exclusive right at
the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft Was; and services, sale
of aviation petroleum products whether or not conducted in conjunction with other mmuautical activity, repair and maintenance of
aimraQ sale of airman parts, and any other activities which because of thew direct relationship to the operation of aircraft can be -
regarded as an
acronsutical activity, and that it will terminate my exclusive right to conduct an aeronautical activity now existing at such an
airport before the grad of any assistance under Title 49, United States Code.
24. Fes and Rental Structure It will maintain a fee and renal someone for the facilities and services at the airport which will make
the airport as self-sustaining as possible under the circumstances existing at the particular airport, eking into account such factors
as, the volume of traffic and economy of collection. No part of the Federal share of an airport development airport planning or wise
compatibility project for which a grant is made under Title 49, United Some Code, the Airport and Airway Improvement Am of
1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in
establishing fees, rates, and charges for users of that airport
25. Airport Revenues.
a All revenues generated by the airport and my local axes on aviation fuel established after December 30, 1987, will be
expanded by it 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 the airport and which are directly and substantially related to the actual
air tmmportetion of passengers or property; or for noise mitigation purposes on or off the airport provided, however,
that if covenants or assonances in debt obligations issued before September 3, 1982, by the owner or operator of the
airport or provisiow =acted before September 3, 1982, in governing sauces controlling the owner or operator's
fimncing, previde for the use of the revenues from my of the airport owner or opemtols facilities, including the airport
to support not only the airport but also the airport owner or operator's general debt obligations m other facilities, than
this limitation on the use of all revenues generated by the airport (and, in the case of a public airport local taxes on
aviation fuel) shall net apply.
b. As pm of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will
review, and the resulting audit report will provide an opinion contenting, the use of airport revenue and axes in
paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or tmnsfered in a
matter consistent with Title 49, United Sates Code and my other applicable prevision 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 assistance in accordance with the provisions
of Section 47107 of Title 49, United Sates Code.
26. Reports and Inspections. It will:
a submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request
and make each reports available to the public; make available to the public at reasonable times and paces a report of
the airport budget in a format prescribed by the Secretary,
b. for airport development projects, make the airport and all airport records and documents affecting the airport including
deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by my duly
authorized agent of the Secretary upon reasonable request;
Page 20 of 27
for noise compatibility program projects, make records and documents relating to the project and continued compliance
with the terms, conditions, and assurances of the grant agreement including deeds, losses, agreements, regulations, and
other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request, and
in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following
each of its fiscal years, an annual report listing in detail:
G) all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made; and
(ii) all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
27. Use by Government Aircraft It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other
aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable
share, proportional w such use, for the cast of operating and maintaining the facilities used Unless otherwise determined by the
Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Groveramer t aircraft will be
considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly
inmrfem with use of the landing areas by other authorized aircraft, or during any calendar mnmh the-
2. Five (5) or mom Government aircraft are regularly based at the airport or on land adjacent Oterem; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the
gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal FneWtim It will famish without coat to the Federal Government £or use in connection with any au tmffrc
control or air navigation activities, or weather -reporting and communication activities related to air traffic control, my man of land
or water, or estate therem, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or my portion thereof will be
made available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and al l
proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nate, of all existing and proposed airport facilities
and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the
signature of a duly authorized representative of the Secretary on to face of the airport layout plan. The sponsor will not
make or permit my changes or afterations in the airport or my of its facilities which are not in conformity with the
airport layout plan as approved by the Secretary and which might. In the opinion of the Secretary, adversely affect the
safety, utility or efficiency of the airport
b. If a change or alteration fur the airport or the facilities is made which the Secretary determines adversely affects the safety,
utility, or efficiency of my federally owned, leased, or forded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the
Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs of maturing such property (or
replacement thereat) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change
in the airport or its facilities.
30. Civil Itights. It will comply with such rules as are promulgated to assume that no person shall, on the grounds of race, owed,
color, national origin, sex, age, or handicap be excluded from participating in my activity conducted with or benefiting from funds
received from this grant This assurance obligates the sponsor for the period during which Federal financial assistance is extended
to the program, except where Federal fnuscial assistance m to provide, or Is in the form of personal property or real property or
interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or my trsysferee for the
longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance
is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor minims ownership or possession of the property.
31. Disposal of Land.
a For land purchased under a grant for airport noise compatibility purposes, it will dispose of the hand, when the land is
no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United Stites' share of acquisition of such land will, at the discretion of
the Secretary, 1) be paid to the Secretary for deposit in the Trost Food, or 2) be minvestal in an approved noise
compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when
the Ind is no longer needed for airport purposes, dispose ofsuch Ind at fair market value or make available to the
Secretary an amount equal to the United States' propormcnato share of the fah market value of the land That portion of
the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such
Ind will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or
projects approved by the Secretary at that airport or within the notional airport system, or (b) be paid to the Secretary
for deposit in the Trust Fond if no eligible project exists.
(2) land shall be considered to be Deeded for airport purposes order this assurance if (a) it may be needed for
aerc uautical purposes (including runway protection zees) or serve as mime buffer land, and (b) the revenue from interim
uses of such land contributes to the financial selfsuffhciency of the airport Further, land purchased with a grant received
by an airport operator or owner before December 31, 1987, will be considered to 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 the
Page 21 of 27
uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having
commenced no later than December 15, 1989,
Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated
with operation of the airport
32. Engineering and Design Services. It will award each contract, or subcontract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is
negotiated under Title DI of the Federal Pmperty and Administrative Services Act of 1949 or an equivalent qualification -based
requirement prescribed for or by the sponsor of the airport
33. Foreign Market Restrictions. It will not allow fords provided under this grant to be used to fund any project which was any
product or service of a foreign country during the period in which such foreign country is listed by the United States Trade
Representative as denying fain and equitable market opportunities for products and suppliers of the United States in procurement
and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circnlars listed in the Current FAA Advisory Circulars for AIP
projects, dated 7/1199 and included in this grant, and in accordance with applicable state policies, standards, and specifications
approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable
under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the service described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and B of 49
CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Bases. The airport owner or operator will permit to the maximum extent practicable, intercity base or other
modes oftraospor ation tu have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for
other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminta on the basis of mce, color, national origin or sex in
the award and performance of any DOT -assisted contract or in the sdminishatin of its DBE program or the requirements of 49
CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Pad 26 to ensure non discrimination in
the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as
approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure
to tarty out its terms shall be treated as a violation of this agreement. Upon notifiatien to the recipient of is failure m carry out its
approved program, the Department may impose sanction as provided for under Par 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Page 22 of 27
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/i/99
The following apply to both All? and PFC Projects
NUMBER
TrrLE
70/7460-lJ
Obstruction Malting and Lighting
150/5000-13
Announcement of Avadability—RTCA Inc., Document RTCA-221, Guidance and Recommended
Requirements for Airport Surface Movement Sensors
150/5100-14C
Architects], Engineering, and Planning Consultant Services for Airport Grant Projects
I SO/5200-30A, CHG l & 2
Airport Winter Safety and Operations
150/5200-33
Hazardous Wildlife Attractants On or Near Airports
150/5210-5B
Painting, Marling and Lighting of Vehicles Used on an Airport
150/5210-7B
Aircraft Fin and Rescue Communications
150/5210-13A
Water Rescue Plans, Facilities, and Equipment
150/5210-14A
Airport Finn and Rescue Personnel Protective Clothing
15015210-15
Airport Rescue & Firefighting Station Building Design
150/5210-18 -
Systems for Interactive Training of Airport Personnel
150/5210-19
Driver's Enhanced Vision System (DEVS)
150/522048
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-IOB
Guide Specification for Water/Form Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
15015220-16B
Automated Weather Observing Systems for NonFedeml Applications
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-I8
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
15015220-21A
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5300-13, CHG 1, 2, 3, 4, 5
Airport Design
150/530044
Design of Airman Deicing Facilities
150/5300-15
Use of Value Engineering for Estimating Design of Airport Gwent Projects
150/5320-513
Airport Drainage
150/5320-6D
Airport Pavement Design and Evaluation
150/5320-12C
Measumnard. Construction, and Maintemnce of Slid Resistant Airport Pavement Surfaces
15015320-14
Airport Landscaping for Noise Control Purposes
15015320-16
Airport Pavement Design for the Boeing 777 Airplane
150153254A, CHG 1
Runway Length Requirements for Airport Design
150/5340-1G
Standards for Airport Markings
150/53404C, CHG 1 & 2
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B, CHG 1
Segmented Circle Airport Marker System
150/5340-14B, CHG 1 & 2
Economy Approach Lighting Aids
150/5340-17B
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
15015340-23B
Supplemental Wind Cows
15015340-24, CHG 1
Runway and Taxiway Edge Lighting System
150/5340-27A
Air -to -Ground Radio Control of Airport Lighting Systems
150/5345-3D
Specification for LS21 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5345-7D, CHG 1
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
15015345-IOE
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Hetrpmt Beacon
150/5345-13A
Specification for L941 Auxiliary Relay Cabinet Assembly for Pilot Control 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 (PAPI) Systems
150/5345-39B, CHG l
FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
150/534542C, CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/534543E
Specification for Obstruction Lighting Equipment
150/534544F, CHG 1
Specification for Taxiway and Runway Signs
150/534545A
Lightweight Approach Light Structure
1501534546A
Specification for Runway and Taxiway Light Fixtures
150/534547A
Isolation Transformers for Airport Lighting Systems
150/534549A
Specification L854, Radio Control Equipment
150/5345-50, CHG 1
Specification for Portable Runway Lights
150/5345-51, CHG 1
Specification frr Discharge -Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators (GVGI)
150/5345-53A, (including addendum)
Airport Lighting Equipment Certification Program
15015360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A
Airport Signing & Graphics
Page 23 of 27
150/5360-13, CHG 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C
Operational Safety on Airports During Construction
150/5370-6B
Construction Progress and Inspection Report -Airport Grant Program
150/5370-10A CHG 1, 2, 3, 4, 5, 6, 7, 8, 9
Standards for Specifying Construction of Airports
150/5370-11, CHG 1
Use ofMandesnuctive Testing Devices in the Evaluation of Airport Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
I50/5390-2A
Heliport Design
150/5390-3
Vertiport Design
Page 24 of 27
� � �woxt�>,aa��u�NTs
A"axcI� �GARDINGDRUG laceby: dispensing,
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A .lye grantee certifies that rohibited i o b non: to ees about -
(a) publishing a statement notifying crop
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or use of a controlled substance is P am to inform
possession, a. t employees for violation of such Y
Will be ag°IIgoingdrug-free awareness pT° lace;
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(b) Establishing an abuse to free workp Joyce assistance programs, lathe
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(1) Th Policy abuse violations occurring
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(2) ,lye grantees P seling, Tehabilitarlon' yees for drug eTfortnance of the gT
(3) Any available drug co be ivoP°sedupon en aged rnthe p employmentuuder
penalties that, loyee to be g
(q) The Y atagraph (a) that, as a condition °
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(e) Making aragTaPh(a)' entre9uuedbYP
ent re4uiredbY ee in the statem al drug statute occurring m
the statem the employee
(d) Notifying ee will- [a h (d)(2) from an
the grant, the emPloY a of the statement; and er conviction for a vio uvcron; Of a c srag P
the term citing of his or h day' s after such con notice under P to ees must
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provide notice"', was working, of receiving ation,
e identification 0 lendar days to and including ng tennta
convicted emP actions within3
notices. Notices shall include convicted- employee, uP ended; oT
Taking one of the fee who gs so ainst such an ct of 19"13, as am riate
(fl empl°Y , etsonuel action ag a Rehabilitation A abuse assistance or Tehob ether PPTOP
respect to any appropriate 4 uiremenis of th to a drug
(1) Taking aPP the re9 ate satisfactorily law enforcement,
Loyee to YaTticip state, or local health, lementation of
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(9) Mht(a)• (b), (c), (d), (e), and (fl, the site(s) for
the pert
Paragraphsace provided below
B The grantee may insert it, the sp
ecific grant: state, zip code)
with the sp city, county,
place of Ferfortoanee (Street address,
on file, that ate not identifledhere.
pared:
Check
signed:
ATTACBMENT 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 runways, taxiways, and aprons
b. dimensions
c. type of pavement
d. year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b. Drive -by Inspection. A drive -by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and
remedial action, scheduled or performed, must be documented. The 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
maybe 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
Page 26 of 27
maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 27 of 27