HomeMy WebLinkAboutRES 09-263 RESOLUTION NO. 09-263
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and accept a Routine
Airport Maintenance Program (RAMP)Grantfrom the Texas Department of Transportation
for general maintenance at the Beaumont Municipal Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of
September, 2009. _
r MONT\`%1 1
Mayor Pro Tern Gethrel Williams-Wright -
iw �
Texas Department of Transportation
AVIATION DIVISION
125 E. 11 TH STREET •AUSTIN, TEXAS 78701-2483 •512/416-4500 FAX 512/416-4510
December 15, 2009 9 e
Mr. Kyle Hayes
r
City Manager
City of Beaumont
P O Box 3827
` Beaumont, Texas 77704
RE: TxDOT Number: 0920BAMNT
Dear Mr. Hayes:
We are pleased to return to you the completed Airport Project Participation Agreement between
the City of Beaumont and the Texas Department of Transportation.
For this project, the assigned Grant Manager is Sheri Quinlan; she will handle the execution of
the contracts involved for the project. The assigned Project Manager is Stephanie Kleiber; he
will handle all technical and management aspects of the airport construction project. You may
contact either for assistance, as you need.
We look forward to the successful completion of this important project. Please call me if you
have any questions at 512-416-4508 or 1-800-687-4568 (800-68-PILOT).
Sincerely,
Becky Vick
Grant Manager
cc: Stephanie Kleiber
Steven Cooks, FAA TxADO
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY• EXPAND ECONOMIC OPPORTUNITY• IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Fnnal nnnnrhmity Fmnlnvar
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 0920BAMNT
TxDOT Project No.: AP BEAUMONT 2
TxDOT Contract No. : 9XXAV069
Commission Approval: June 25,2009
NPE Funds Applied: FY08,FY09
C.F.D.A.:20.106
Part I- Identification of the Project
TO: The City of Beaumont, 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 Beaumont, 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 to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon
and Vernon Supp).
The project is described as construction services to: rehabilitate and mark Runway 13-31;
reconstruct south apron and Taxiway D, rehabilitate and mark taxiways A, C, D, E-1, E, F and G;
rehabilitate north apron; install precision approach path indicators to Runway 13-31; install new
rotating beacon and tower and install drainage improvements at the Beaumont Municipal Airport.
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
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provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in accomplishing the project, ninety-five
percentum of all allowable project costs. This grant is made on and subject to the following terms
and conditions:
Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that construction project costs will be approximately $2,311,000.00
(Amount A). It is further estimated that approximately $2,311,000.00 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety-five percent (95%) 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.
3. The maximum obligation of the United States payable under this offer shall be
$2,195,450.00 (Amount Q.
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 $115,550.00
(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 II-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 increase the grant to cover
the amount of overrun not to exceed the statutory limitations, and will advise the Sponsor
by amendment of the increase. Upon receipt of the aforementioned amendment, the
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maximum obligation of the United States is adjusted to the amount specified and the
Sponsor will remit their share of the increased grant amount.
The State may decrease the agreement after completion of the describer scope. The
Sponsor will be notified by letter of the decreased amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
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 in
accordance with the provisions of such regulations and procedures as the State and the
FAA shall prescribe. Final determination of the United States share will be based upon the
final audit of the total amount of allowable project costs and settlement will be made for
any upward or downward adjustments to the Federal share of costs.
b. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor
grants to the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verify the funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail
to pay said obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity.
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, Certification of Project Funds, attached and
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made a part of this Agreement; and
C. it will comply with the Attachment C, Airport Assurances (3/2005)(State Modified
3/2005), attached and made a part of this Agreement; and
d. it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
e. the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and
f. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
h. it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
i. it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
j. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State; and
k. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
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1. 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).
M. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
money from any source derived from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general revenue 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
D. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise, and
P. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible
for a subsequent grant or loan by the State unless Sponsor has, prior to such
subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
q. 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
r. 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
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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
S. 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
t. 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, 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 the Agreement shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
6 oi'2a
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion of this project.
6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate
of Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding
Drug-Free Workplace Requirements, attached and made a part of this agreement.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
9. 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. 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 E "Pavement Maintenance Management Program", attached and made a part
of this agreement.
11. 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 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.
Part >(V- Nomination of the Agent
]. The Sponsor designates the State as the party to apply for, receive and disburse all funds
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used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant 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.
3. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
.Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
C. pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project; certify
consultant selection procedures, provide notification of contract award for
professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project,
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling;
8 ol'28
h. coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
J_ participate in pre-bid and pre-construction conferences; and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V - Recitals
1. The State and Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
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 incidental 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.
I
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:
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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 rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after all reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies: (1) require a refund of any money expended pursuant to the
Agreement, (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, 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 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
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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 shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided.
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. An entity that is the subject of an audit or investigation must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
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Part VI - Acceptance of the Sponsor
The City of Beaumont, 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 41 day of Navc�fy 2005
The City of Beaumont, Texas
Sponsor
Witness Signature Sponsor Signature
Y Witness-tle Spons r Title
Certificate of Sponsor's Attorney
I h , acting as attorney for C-Q WJ
Texas, do ce ify that I have fully examined the Agreement and the p oceedings 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. J
Dated at ��� �"v" , Texas, this cam/ day of
I
Witness Signature Attorney Signature
Witnes Title
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Part VII- Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
David S. Fulton, Director
Aviatim Division
;as Department of Transportation
Date: 0Q
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ATTACHMENT A
CERTIFIC'AT'ION 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 Beaumont, Texas
(Sponsor)
By: `
Title: �� ��•s�`-
Date: ��' �9• g
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ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No.: 9XXAV069
TxDOT CSJ No.: 0920BAMNT
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount Date Available
$1164649
The Sponsor, has caused this to be duly executed in its name, this I' day of
✓._, 20 01
The City of Beaumont, Texas
(Sponsor)
By:
Title: �: �t"'t _
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ATTACHMENT C
PART V
ASSURANCES
Airport Sponsors(3-2005)
A.General.
1. "Ilnese assurances shall be complied with in the performance ofgrant agreements for airport development,airport planning,and
noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinaller
referred to as"APPA")by sponsors requesting funds under the provisions of Title 49.U.S.C.,subtitle VII,as amended.As used
herein,the temp"public agency sponsor"means a public agency with control of a public-use airport;the temp"private sponsor'
means a private owner of a public-use airport;and the terns"sponsor"includes both public agency sponsors and private
sponsors.
3. Upon acceptance ofthe grant offer by the sponsor,these assurances are incorporated in and become part ofthe grant agreement.
B.Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by it Public Agency Sponsor.The terms,
conditions and assurances ofthe grant agreement shall remain in full force and effect throughout the useful Iife ofthe facilities developed or
equipment acquired for an airport development or noise compatibility program project,or throughout the useful life ofthe project items
installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of
acceptance of'a grant offer of Federal funds for the project.However,there shall be no limit on the duration ofthe assurances regarding
Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration ofthe terms,
conditions,and assurances with respect to real property,acquired with federal funds.Furthermore,the duration ofthe Civil Rights
assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within
a facility or the useful life ofthe facilities 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.
3. Airport Planning Undertaken by a Sponsor.Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,
6,13,18,30,32,33,and 34 in section C apply to planning projects.The terns,conditions,and assurances ofthe grant agreement shall
remain in full force and effect during the life ofthe project.
C.Sponsor Certification"Ilse sponsor hereby assures and certifies,with respect to this grant that:
1. General Federal Requirements.It will comply,with all applicable Federal laws,regulations,executive orders,policies,
guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited
to the following:
Federal Legislation
a. Title 49,U.S.C„subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C.276(x),et seq.,
C. Federal Fair Labor Standards Act-29 U.S.C.201,et seg•
d. Hatch 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 seq.'Z
f. National Historic Preservation Act of 1966-Section 106-16 U.S.C.470(f).'
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001,et seq.
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.'
1. Title 49,U.S.C.,Section 303,(fonnerl_y known as Section 4(f))
m. Rehabilitation Act of 1973-29 U.S.C.794.
IL Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4.
o. Age Discrimination Act of]975-42 U.S.C.6 10 1,et seq.
P. American Indian Religious Freedom Act,P.L.95-341,as amended.
q. Architectural Barriers Act of 1968-42 U.S.C.4151,ct se g.'
r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C.8373.'
S. Contract Work Hours and Safetv Standards Act-40 U.S.C.327,et sect'
t. Copeland Anti kickback Act-18 U.S.C.874.1
U. National Environmental Policv Act of 1969-42 U.S.C.43217 et sect.'
V. Wild and Scenic Rivers Act,P.1,.90-542,as amended.
w. Single Audit Act of 1984-31 U.S.C.7501,et sccl'
X. Dnng-Free Workplace Act of 1988-41 U.S.C.702 through 706.
Executive Orders
Executive Order 11246-Equal Employment Opportunity'
16 01'28
Executive Order J 1990-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.
b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150-Airport noise compatibility planning.
d. 29 CFR Part I-Procedures for predetermination of wage rates.
C. 29 CFR Part 3-Contractors and subcontractors or)public building or public work financed in whole or part by
loans or grants from the United States.'
f. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed and assisted
construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act).'
g. 41 CPR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity Depaitment
of Labor(Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18-Unifornm administrative requirements for grants and cooperative agreements to state and local
governments.3
1. 49 CFR Part 20-New restrictions on lobbying.
j. 49 CFR Part 21-Nondiscrimination in federally-assisted programs ofthe Department of'fransportation-
effectuation of Title VI ofthe 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.)2
m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27-Nondiscrimination on the basis ofhandicap in programs and activities receiving or benefiting
from Federal financial assistance.I
o. 49 CFR Part 29—Government wide debarment and suspension(nonprocurement)and government wide
requirements for drug-free workplace(grants).
p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S.contractors.
q. 49 CFR Part 41-Seismic safety of Federal and federally assisted or regulated new building construction.I
Office of Management and Budget Circulars
a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-133-Audits of States,Local Governments,and Non-Profit Organizations
These laws do not apply to airport planning sponsors.
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 ofthe above laws,regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:It has legal authority to apply for the grant,and to finance and carry out the proposed
project;that a resolution,motion or similar action has been duly adopted or passed as an official act ofthe applicant's governing
body authorizing the filing ofthe application,including all understandings and assurances contained therein,and directing and
authorizing the person identified as the official representative ofthe applicant to act in connection with the application and to
provide such additional information as may be required.
b. Private Sponsor:It has legal authority to apply for the grant and to 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 application,including all understandings and assurances contained
therein:to act in connection with this application:and to provide such additional information as may be required.
3. Sponsor Fund Availability.It has sufficient funds available for that portion ofthe project cost~which are not to tine paid by the
United States.It has sufficient finds available to assure operation and maintenance of items fimded under the grant agreement which it will own or
control.
4. good Title.
a. It,a public agency or the Federal government,holds good title,satisfactory to the Secretary,to the Janding area of
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 to be carried out on the property ofthe sponsor,it holds good title
satisfactory to the Secretary to that portion ofthe property upon which Federal funds will be expended or will give assurance to
the Secretary that good title will be obtained.
17 oi'28
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any ofthe rights and powers necessary to
perform any or all ofthe terms,conditions,and assurances in the grant agreement without the written approval ofthe 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 or other interests in the
property shown oil Exhibit A to this application or,for a noise compatibility program project,that portion oftine property upon
which Federal funds have been expended,for the duration ofthe terms,conditions,and assurances in the grant agreement
without approval by the Secretary.Ifthe transferee is found by the Secretary to be eligible under Title 49,United States Code,
to assume the obligations ofthe 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 ofthe sponsor's interest,and make
binding upon the transferee all ofthe terms,conditions,and assurances contained in this grant agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of local goverment or are
on property owned by a unit of local government other than the sponsor,it will enter into an agreement with that govermnent.
Except as otherwise specified by the Secretary,that agreement shall obligate that goverment to time same terms,conditions,and
assurances that would he applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility
program project.That agreement and changes thereto must be satisfactory to the Secretary.It will take steps to enforce this
agreement against the local government if there is substantial non-compliance with the terms ofthe agreement.
d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an
agreement with the owner of that property which includes provisions specified by the Secretary.It will take steps to enforce this
agreement against the property owner whenever there is substantial non-compliance with the terms ofthe agreement.
e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation ofthe airport by any agency or person other than the
sponsor or an employee ofthe sponsor,the sponsor will reserve sufficient rights and authority to insure that file airport will be
operated and maintained in accordance Title 49,United States Code,the regulations and the terms,conditions and assurances
in the grant agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans.The project is reasonably consistent with plans(existing at the time of submission ofthis
application)of public agencies that are authorized by the State in which the project is located to plan for the development ofthe area surrounding the
airport.
7. Consideration of Local Interest.It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users.In making a decision to undertake any airport development project under Title 49,United States
Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.In projects involving the location of an airport,an airport runway,or a major runway extension,it has
afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects oft he airport or runway
location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the
Secretary,submit a copy ofthe transcript of such hearings to the Secretary.Further,for such projects,it has on its management board either voting
representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards.In projects involving airport location,a major runway extension,or runway location it
will provide for the Governor ofthe state in which the project is located to certify in writing to the Secretary that the project will be located,designed,
constructed,and operated so as to comply with applicable air and water quality standards.In any case where such standards have not been approved
and where applicable air and water quality standards have been promulgated by the Administrator ofthe Environmental Protection Agency,
certification shall be obtained from such Administrator.Notice of certification or refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
11. Pavement Preventive Maintenance.With respect to a project approved after January 1,1995,for the replacement or
reconstruction of pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management
program and it assures that it will use such program for the useful life of any pavement constructed,reconstructed or repaired with Federal financial
assistance at the 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 at a public use airport,as defined in
Title 49,it has,on the date of submittal ofthe project grant application,all the safety equipment required for certification of such airport under section
44706 of'Title 49.United States Code,and all the security equipment required by rule or regulation,and has provided for access to the passenger
enplaning and deplaning area of'such airport to passengers enplaning and deplaung from aircraft other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient ofthe
proceeds ofthe grant,the total cost ofthe project in connection with which the grant is given or used,and the amount or nature
IN of'zs
ofthat portion ofthe cost ofthe 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 that will facilitate an effective audit in accordance
with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General ofthe United States,or any of their duly
authorized representatives,for the purpose of audit and examination,any books,documents,papers,and records ofthe recipient
that are pertinent to the grant.The Secretary may require that air appropriate audit be conducted by a recipient.In any case in
which art independent audit is made ofthe accounts of a sponsor relating to the disposition ofthe proceeds of a grant or relating
to the project in connection with which the grant was given or used,it shall file it certified copy of such audit with the
Comptroller General ofthe United States not later than six(6)months following the close ofthe fiscal year for which the 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 the grant
agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of fabor,in accordance with the
Davis-Bacon Act,as amended(40 U.S.C.276x-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. Il shall include in all contracts for work on any project funded under the grant agreement which
involve labor,such provisions as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory
positions),preference shall be given to Veterans ofthe Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code.
I-Iowever,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications,and schedules approved
by the Secretary.Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation,construction,
or other performance under this grant agreement,and,upon approval ofthe Secretary,shall be incorporated into this grant agreement.Any
modification to the approved plans,specifications,and schedules shall also be subject to approval ofthe Secretary,and incorporated into the grant
agreement.
17. Construction Inspection and Approval.It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project.It shall
suhiect the construction work on ant'project contained in an approved project application to inspection and approval by the Secretary and such work
shall be in accordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures shall require such cost and
progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
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 application or
with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning
work activities.
C., It will include in all published material prepared in connection with tine planning project a notice that the material
was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public,and agrees that no material prepared with funds
under this project shall be subject to copyright in the United States or any other country.
C. It will give tine Secretary unrestricted authority to publish,disclose,distribute,and otherwise use any ofthe material
prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost ofprofessional
services.
g. It will grant the Secretary the right to disapprove the use ofthe sponsors employees to do all or any part ofthe
project.
h. It undersumck and agrees that the Secretary's approval of'tlhis project grant or the Secretary's approval of any
planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part ofthe
Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users ofthe airport,other than facilities
owned or controlled by the United States,shall be operated at all times in it safe and 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 not cause or permit any activity or action thereon which would interfere with its use for airport purposes.
It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and
flood conditions.Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary.In furtherance of this assurance,the sponsor will have in effect arrangements for-(1)Operating the airport's
aeronautical facilities whenever required;
(2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and
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(3)Promptly notifying airmen of any condition affecting aeronautical use ofthe airport.Nothing contained herein shall be
construed to 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.Further,nothing herein shall be construed as requiring the
maintenance,repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed due to
an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal
hinds have been expended.
20. Hazard Removal and Mitigation.It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport(including established 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,to the extent reasonable,including the adoption of zoning laws,to
restrict the use of land adjacent to or in the immediate vicinity ofthe airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of'aircrafl.In addition,if the project is for noise compatibility program implementation,it will not cause or permit any
change in land use,within its jurisdiction,that 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. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination
to all types,kinds and classes of aeronautical activities,including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to
any person,firm,or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the
airport,the sponsor will insert and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable,and not unjustly discriminatory,basis to all users thereof;and
(2) charge reasonable,and not unjustly discriminator),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.
c. Each fixed-based operator at the airport shall be subject to the same rates,fees,rentals,and other charges as are
uniformly applicable to all other fixed-based operators making the same or similar uses 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 any fixed-based operator that is
authorized or permitted by the airport to serve any air carrier at such airport.
C. Each air carrier using such airport(whether as a tenant,non tenant,or subtenant of another air carrier tenant)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 such air
carriers which make similar use of such airport and utilize similar facilities,subject to reasonable classifications such as tenants
or non tenants and signatory carriers and non signatory carriers.Classification or status as tenant or signatory shall not be
unreasonably withheld by any 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 grant 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 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 any 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 aeronautical
service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users ofthe
airport as may be necessary for the safe and efficient operation ofthe airport.
i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use ofthe airport if such action is
necessary for the safe operation ofthe airport or necessary to serve the civil aviation needs ofthe public.
23. Exclusive Rights.It will permit no exclusive right for the use ofthe airport by any person providing,or intending to provide,
aeronautical services to the public.For purposes of this paragraph,tho providing ofthe services at an airport by a single fixed-based operator shall not
be construed as an exclusive right if both ofthe following apply:
a. It would be unreasonably costly,burdensome,or unpractical for more than one fixed-based operator to provide such
services,and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased
pursuant to an existing agreement between such single fixed-based operator and such airport.It further agrees that it will not,
either directly or indirectly,grant or permit any 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 sales mid services,sale of aviation
petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of
20 of 28
aircraft,sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under Title 49,United States Code.
24.Fee and Rental Structure.It will maintain it fee and rental structure 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,taking into account such factors as the volume oftraffic
and economy of collection.No part ofthe Federal share of an airport development,airport planning or noise compatibility project for which it grant is
made under,fitle 49,United States Code,the Airport and Airway Improvement Act of'I982,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 any local taxes on aviation fuel established after December 30, 1987,will
be expended by it for the capital or operating costs ofthe airport;the local airport system;or other local facilities which are
owned or operated by tire owner or operator ofthe airport and which are directly and substantially related to the 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 ofthe airport,or
provisions enacted before September 3, 1982,in governing statutes controlling the owner or operator's fmancing,provide for
the use ofthe revenues from any ofthe airport owner or operators facilities,including the airport,to support not only the airport
but also the airport owner or operator's general debt obligation~or other facilities,then 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 not apply.
b. As part ofthe 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 concerning,the use of airport revenue and taxes in paragraph(a),
and indicating whether funds paid or transferred to tire owner or operator are paid or transferred 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 to the Secretary such annual or special fmancial and operations reports as the Secretary may reasonably
request and make such reports available to the public;make available to tine public at reasonable times and places 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 any duly
authorized agent ofthe Secretary reasonable request;
C. for noise compatibility program projects,make records and documents relating to the project and continued
compliance with the terms,conditions,and assurances ofthe grant agreement including deeds,leases,agreements,regulations,
and other instruments,available for inspection by any duly authorized agent ofthe Secretary upon reasonable request;and
d. 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:
(i) 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 ofthe facilities ofthe 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 to such use,
for the cost of operating and maintaining true facilities used.Unless otherwise determined by the Secretary,or otherwise agreed to by tire 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 those
which,in the opinion ofthe Secretary,would unduly interfere with use ofthe landing areas by other authorized aircraft,or during any calendar month
that-
a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or
b. The total number ofmovements(counting each landing as a movement)of'Govemment aircraft is 300 or more,or
tire gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross
weights ofsuch aircraft)is in excess offive million pounds.
28. Land for Federal Facilities.It will furnish without cost to the Fcderal Government for use in connection with any air traffic
control or air navigation activities,or weather-reporting and communication activities related to air traffic control,an)'areas of land or water,or estate
therein,or rights in buildings ofthe sponsor as tine Secretary considers necessary or desirable for construction,operation,and maintenance at Federal
expense of space or facilities for such purposes.Such areas or any portion thereof'will be made available as provided herein within four months after
receipt of a written request front the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan ofthe airport showing(1)boundaries ofthe airport and all
proposed additions thereto,together with the boundaries of all oSsite areas owned or controlled by the sponsor for airport
21 of 28
purposes and proposed additions thereto;(2)the location and nature 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 ofthe
Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of'
the airport layout plan.The sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion ofthe
Secretary,adversely affect the safety,utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the
safely,utility,or efficiency of any federally owned,leased,or funded property on or off the airport and which is not in
conformity with One 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 restoring such property(or replacement thereof)to the
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 rules as are promulgated to assure that no person shall,on the grounds of race,creed,
color,national origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this
grant.This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where Federal
financial assistance is to provide,or is in the form of personal property or real property or interest therein or structures or improvements thereon in
which case the assurance obligates the sponsor or any transferee for the longer ofthe following periods:(a)the period during which the property is
used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits,or
(b)the period during which the sponsor retains ownership or possession ofthe property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,it will dispose ofthe land,when the land
is no longer needed for such purposes,at fair market value,at the earliest practicable time.That portion ofthe proceeds of such
disposition which is proportionate to the United States'share of acquisition of such land will,at the discretion ofthe Secretary,
(1)be paid to the Secretary for deposit in the Trust Fund,or(2)be reinvested in an approved noise compatibility project as
prescribed by the Secretary,including the purchase of nonresidential buildings or property in the vicinity of'residential
buildings or property previously purchased by the airport as part of a noise compatibility program.
b. For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when
the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an
amount equal to the United States'proportionate share ofthe fair market value ofthe land.That portion ofthe proceeds of such
disposition which is proportionate to the United States'share ofthe cost of acquisition of such land will,(1)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 national airport system,or(2)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
C. Land shall be considered to be needed for airport purposes under this assurance if(1)it may be needed for
aeronautical purposes(including runway protection zones)or serve as noise buffer land,and(2)the revenue from interim uses
of such land contributes to the financial self=sufficiency ofthe 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 ofthe 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.
d. Disposition of such land under(a)(b)or(c)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 ofthe airport.
32. Engineering and Design Services.It will award each contract,or sub-contract for program management,construction
management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,trapping or related
services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated tinder Title IX ofthe
Federal Property and Administrative Services Act o f f 949 or an equivalent qualifications-based requirement prescribed for or by the sponsor ofthe
airport.
33. Foreign Market Restrictions.It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers ofthe United States in procurement and construction.
34. Policies,Standards,and Specifications.It will cam out the project in accordance with policies,standards,and specifications
approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated 10-
29-08 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 reunburse property owners for necessary expenses as
specified in Subpart 13.(2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable
relocation payments and assistance to displaced persons as required in Subpart D and E of49 CFR Part 24.(3)It will make available within a
reasonable period oftime prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part
24.
22 oi'2Y
36. Access By Intercity Buses.'file airport owner or operator will permit,to the maximum extent practicable,intercity buses or
other modes of transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for othermodes
of transportation.
37. Disadvantaged Business Enterprises.The recipient shall not discriminate on the basis of race,color,national origin or sex in
the award and performance of any DOT-assisted contract or in tine administration of its DBE program or the requirements of 49 CPR Part 26.The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 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 ofthis program is a legal obligation and failure to carry out its temns shall be treated as a violation ofthis agreement.
Upon notification to tine recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 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).
38. Hangar Construction.Ifthe airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at tine aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a
long term lease that is subject to such terns and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)
has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service at the airport,tine airport owner or operator
shall transmit a report to the Secretary that-
1. Describes tine requests;
2. Provides an explanation as to why the requests could not be accommodated;and
3. Provides a time frame within which,if any,the airport will he able to accommodate the requests.
b. Such report shall be due on either February I or August 1 ofeach year ifthe airport has been unable to
accommodate the request(s)in the six month period prior to the applicable due date.
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CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
AND PFC APPROVED PROJECTS
Dated: October 29,2008
View the most current versions of these ACs and any associated changes at.
http://www.faa.,qov/airports airtraffic/airports/resources/advisory circulars/.
NUMBER "TITLE,
7017460-1 K" Obstruction Marking and Lighting
150/5000-13 Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Airport Master Plans
Chan e 1
150/5070-7 The Airport System Planning Process
150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30B Airport Winter Safety and Operations
150/5200-33B Hazardous Wildlife Attractants On or Near Airports
150/5210-5C Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D AircEFire nd Rescue Co mmunications
150/5210-13B Wate Plans, Facilities, and Equipment
150/5210-14B Airport Fire and Rescue Personnel Protective Clothing
150/5210-15A Airport Rescue& Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System (DEVS)
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-1 OD Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non-Federal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
and Change 1
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20 and Airport Snow and Ice Control Equipment
Change 1
150/5220-216 Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
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FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
October 29, 2008
NUMBER "TITLE
150/5220-22A Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns
150/5300-13 and Airport Design
Changes 1-13
150/5300-14 and Design of Aircraft Deicing Facilities
Changes 1 &2
150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17B General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition and Submission to the National Geodetic Survey
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C Airport Drainage
150/5320-6D and Airport Pavement Design and Evaluation
Changes1
through 4
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
and Changes 1 Pavement Surfaces
through 8
150/5320-14 Airport Landscaping for Noise Control Purposes
Management of Airport Industrial Waste
150/5320-15A
15015325-413 Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Pavement Strength PCN
150/5340-1 J Standards for Airport Markings
Segmented Circle Airport Marker System
150/5340-5C
150/5340-18E Standards for Airport Sign Systems
150/5340-30D Design and Installation Details for Airport Usual Aids
150/5345-3F Specification for L821 Panels for Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-1 OF Specification for Constant Current Regulators Regulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors
25 oi'28
FAA Advisory Circulars Required For Use In AIP Funded And PFC Approved Projects
October 29, 2008
NUMBER 'TITLE
150/5345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator(PAPI) Systems
150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44H Specification for Taxiway and Runway Signs
150/5345-45C Low-Impact Resistant(LIR) Structures
150/5345-46C Specification for Runway and Taxiway Light Fixtures
150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49C Specification L854, Radio Control Equipment
150/5345-506 Specification for Portable Runway and Taxiway Lights
150/5345-51A Specification for Discharge-Type Flasher Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54A Specification for L-1884 Power and Control Unit for Land and Hold Short
and Change 1
15015345-55A Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E Airport Signing and Graphics
150/5360-13 and Planning and Design Guidance for Airport Terminal Facilities
Change 1
150/5370-2E Operational Safety on Airports During Construction
150/5370-10C Standards for Specifying Construction of Airports
150/5370-11 A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-213 Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
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ATTACHMENT D
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition:
(b)Establishing an ongoing drug-free awareness program to m1brm employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace,
(3)Any available drug counseling,rehabilitation,and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph (a)that,as a condition of employment under the
grant,the employee will-
(1) Abide by the terms of the statement;and
(2)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing,within ten calendar days after receiving notice under paragraph(d)(2)from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice,including position title,to ever} grant officer or other designee on whose grant activity the convicted
employee was working,unless the Federal agency has designated a central point for the receipt of such notices.
Notices shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions,within 30 calendar days of receiving notice under paragraph(d)(2),with
respect to any employee who is so convicted-
(1)Taking appropriate personnel action against such an employee,up to and including termination,consistent
with the requirements of the Rehabilitation Act of 1973,as amended;or
(2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State,or local health,law enforcement,or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d),(e),and(f),
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)
-1-\Z 7771
Check if there arc workplaces on file that are not identified here.
Signed: Dated: —/4
T=yped Name and Title of Sp sor Represent Ave
27 of 28
i
ATTACHMENT E
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 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.
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