HomeMy WebLinkAbout05161990 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, MAY 16, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: Presentation of Williams, Hatfield & Stoner
Revised Scope of Services - Airport Community Compatibility/
Master Plan Study
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC INPUT ON AGENDA ITEMS
PRESENTATION - Williams, Hatfteld & Stoner -
Revised Scope of Services - Airport Community
Compatibility~Master Plan Study
6. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Airport Community
Compatibility/
Master Plan Study
Approved For Submittal By:
city Manager
Agenda
Dept. Origin City Manager
Date Submitted 5/11/90
For Agenda Of 5/16/90
Exhibits
5/9/90 memo from E. Gilcher
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council approved a special meeting for Wednesday, May
16th to discuss the revised Scope of Services for the Airport
Community Compatibility/Master Plan Study. (Back-up materials
were previously provided.)
Attached you will find additional correspondence we have received
on this matter.
Carroll Sanders of Williams, Hatfield and Stoner will be present
to review the Scope of Services and to respond to your question.
RECOMMENDED ACTION
Motion to direct the City Attorney to prepare a resolution
executing a contract to retain Williams, Hatfield and Stoner.
TO: Ms Jo Anne Townsend
Assistant City Manager
FROM: Ed Gilcher 589-4460
DATE: May 9, 1990
MEMO
SUBJECT: Scope of Services
Airport Compatibility Study - Revised (May 1990)
This memo documents our discussion of this date on this subject.
You will recall my previous memo of March 16, 1990 and my
presentation to City Council on the Compatibility Study. bty point
was the absolute necessity for a comprehensive noise analysis,
including on-site measurements, as a basis for the following Study
analyses and conclusions. With the study costs apparently out of
hand, I can understand (but not concur with) the practical necessity
to compromise noise measurements.
The revised statement of services indicates the existing noise
contour in the December 1988 Airport Master Plan will be used as a
basis for the study. With this approach in mind, I made the
following recommendation to you:-
1. That the basis for the Airport Master Plan noise contours be
definitively determined. Although noise contours are depicted, the
underlying assumptions determining them are not documented. If the
basis for those curves are obtained and understood, then their
applicability as they pertain to actual airport operations can be
evaluated. If this is not done, the study could be based on
unsubstantiated data.
2. That Post, Buckley, Schuh and Jernigan who prepared the Master
Pi. an be contacted for this information. Mr. Jimmy Golf was their
project manager then -- however, as of May 1988 he was with Sverdrup
in Orlando. I had phone conversations with Mr. Golf in the April -
May 1988 time period and was advised the data was available should
the City formally requested such.
I proposed this action as a very low (or no) cost item since i't
consists of obtaining and reviewing already existing information. At
the most 4 or 5 engineering hours would be involved. You advised
that you would explore the possibility of having Williams, Hatfield
and Stoner include validation of the existing noise contours in their
scope of services.
As an aside, please be advised that the large noise contour chart
with the plastic overlay in the council chambers is not the same as
the noise con'tours in the Master Plan. They are based on quite
different assumptions and were prepared at different times.
Please advise if I may assist further with this subject.
cc: Mr. McC]ary, City Manager
Mr. Conyors, Mayor
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
TO:
THROUGH:
FROM:
SUBJECT:
Mayor W. E. Conyers
and City Council Members
Robert S. McClary
Jo Anne Townsen~}~
Revised Scope of Services
Attached you will find a revised Scope of Services for the
Airport Community Compatibility/Master Plan Study submitted by
Williams Hatfield and Stoner. You will note the revised project
cost is $222,220. Also attached is the grant application.
To provide you and the staff sufficient time to review these
materials, on your May 9th agenda, we are requesting you approve
a special City Council meeting on Wednesday, May 16th at 7:00
p.m.
Attachment
cc:Charles Nash, Esq.
John Van Antwerp
Application for a
Community Compatibility
and Master Plan Study Grant
for
Sebastian Municipal Airport
Will Conyers, Mayor
Robert S. McClary, City Manager
May 1990
ApPlICATION FOR
FEC)ERAL ASSISTANCE
City of Sebastian
City of Sebastian
City Hall
P.O. Box 780127, Sebastian, FL 32978-0127
)L I
On.,,,.,.,,
6
City of Sebastian
Indian River County
~evard Countv
Ci. ty Manage?' s Office.
Robert S. McClflry, City Manager
(407) 589-5330
Federal Aviation Administration
Community Compatibility and Naster Plan
Study
Sebastian Municipal Airport
~J6_90-~- ~'~"~'-~mm'"'" C)~'Il . 6-91 m ~ llth ................... ~. m,,,,~m llth
~ ~1,,,, , 200,00922,222~,,,
....
222,222
~oberr s. ~cC~ary
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this ass,istonce request require State, local,
regional, or other priority rating?
~Yes ~
X
No
Nome of Governing Body
Priority Rot,ng
Item '2.
Does this assistance request require State, or local
adv,sor¥, educational or health clearances?
X
Nome of Agency or
Board
No (Attach Documentation)
Item 3.
Does this assistance request require cleormghouse review
in accordance with OMB Circular A-957
__ Yes __ No
(Attach Comments)
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
____Yes__
X
No
Nome of Approving Agency
Date
item .~.
ts the proposed proiect covered by an approved
comprehensive plan?
Item 6.
~tI the assistance requested serve o Federal
~nstallahon? __ Yes
Check one: State 'X
Local -X
Regional
No Locat,on of plan Florida State Air~ort Systems Plan
City. of Seb~s~i~ ~om~e~nsive Plan
Nome of Federal Installation
No Federal Populot,on benefiting from Prolect
Item 7.
~',tl the assistance requested be on Federal land
or installat,on?
__ Yes
X
Nome of Federal Installahon
Location of Federal Land
No Percent of Prolec~
Item 8.
V,,lt the assistance requested hove an impact or effect
on the env,ronment?
X
__ Yes ~
No
See ~nstruct,on for additional ~nformot~on to be
provided.
Item 9.
~',~11 the assistance requested cause the d~splocement of
,n~,,~duals families, businesses, Or forms~
__Yes X
Number of'
Ind,v,duo'~ s
Famil,es
B~Js~nesSe$
__ No Farms
i,em 10.
there other related Federal assistance on th~s See ~ns~ruct~ons for additional ~nformat,on to be
p~olect prev,ous, pend,ng, or anticipated? provided. A separate grant was issued for the Sebastian
X Airport Master Plan but will be closed prior to the
__Yes __~¢ funding of this study. T~his study is not considered
FAAForm $100.100 16-73, SUPI[~SEDES FAA ~Onld 5100. ,O PAC)F$ 1 ?~RU ? a continuation of the Master Page2
Plan grant
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II - SECTION B
The property interest described in Part II - Section C and the develop-
ment described on page 1, paragraph 7, of this application are more
particularly described on the property map attached *{hereto as Exhibit
"A") -*-(-a~ ~- -".A-t'- -t-e--F--e~..a-.1-.-A.pp.l-i.c.a..t-i..e~ ~..e~.
~-mm~m-i~~~AA~" ~h--ar-e-~-a--pm.-t--
~Strike out ~he inappr'opria~6'clause. Page 3
"13
ITl
--I
/
EXHIBIT A
$®bestien lllunlci~ml Akl~rt ¢omm~n~ty ¢omlmtlblllty
md llooto~ Ptm 8tmly ,
~ Het#e4d & Stooor, IBL
PA/tT 1! · SECTION C
Thc ~po~,~ar hcrcby rcprc~c.f., ~nd ccrti/ic~
thc v~c~t~y u[ Lh~ a~purt:
The purpose of ~he Sebastian Municipal Airport Co--unity Ca~ability and Master Plan
"~tudy is to ensure that airport plans and reco~endations a~e supported by the
co,unity. Land use compatibility analysis will be one aspect of the study necessary
to achieve the study's objectives.
~. L)c/~ult~.~'rhc Suu.~ur Ld .u~ i. dc/~ult o. ~,ly ubllgatlun lu [llc U~=d SL~t~ uc~i.v ~l~=~Ky Of iJm Uoi&cd SL~P~
The Sponsor is not in default of any obligation noted above.
A lawsuit has been f~led against the C~ty to ~orce ~he ~mplemen~atLon o~ the
proposed charter ~endments. That lawsuit has not been officially w~hdra~ but
Zs currently ~nac~ve pending the outcome o~ the co. unity compaELb~11t~ study.
Z~ ~hat lawsuit becomes ac~ve and a decls~on is made that the charter amendments
must be ~mplemented, the co.unity compat~b~l/ty study woul~ be te~inated as
spea~f2ed ~n the srandst211 agreement, i
4. G,,d.~) Thc Spu,~r huld~ thc follu.i.~ property ifiLcrc~ i~l tim fulluwi.g arc~ of ~ud' vhlch ~e Lo ~. dcvcl.pcd
The Sponsor owns, by Quit Claim Deed, all properties shown on Exhibit A and is not
subject to any excepti?ns, encumbrances, or adverse interests.
I:AA Form 5100-100
0EPARTMENT OF YRANSPORTATiON - FEDEIIM. A¥1AT~O~ 4OitINISTR~,TION OMit
P&itT Ii · :~lgg'l'lOfl C (£u,ilitm.d)
*Ih,* '~l,.,.,-,,r i'urih,.r r,'rtil'i,.~, that thc ahoy. h, i,~ll .. a title ~xa.ihtathm I,y ~ qualil*h.d attur.r)' ~r thS. compa.v ami thai
~uch .alt.r],,'~' ur tith' ,'..,pd.~ h.~ d~:trrmhi,~d tidal thc ~p-ti.~t Imld. tim ~lmvc prupcrty htterc~t~. '
Ii.. I'~.j,.,,t. ti,,. I'.ll,,~hig ijr,.:,..rty hitcre~i hi th. f. ih,wh,g urcu~ .~ I.ml' Earl wh~rJt ~ut*h vul~truct~l,il work &~ t. bt' pcri',Jc,.,~d.
~ill ut ~ I"ch arc.., df. hl,'.l~licd .,, thc ufurcmelitimmd property map d~jbqialed h Exldl, it "A":
No construction work will be performed ~s part of this projec't.
(,') 'l'lic ~p-ll.~,r viii arquir,? wlthi,i ~l rc-',~,,dlh.' thilr., ~.d if (ca~il,l,~ prim t- the ,'umph.thm u( ail ,'ml~iru,'thm w.rk
th,. Pr,,j,.~;, th,' f,dh,-~,,g pr.l,,:rty hitcrc. I i. thc fulluwi.g a~,:u, u( lu.d' wili~ll art t- be alert, loped or
prt,p,:rt)' muM ,l.~B,tated a~ F:~li~h~t
No construction work will be performed as part of this project.
There is no grant of exclusive rights for any activities at the airport as noted
above. ·
FAA Fo~m5100-100 ~-~¢~
Pae., 3b
SECTION ~ - ~ENERAL
~ C 1~ -
i. F.d.,ol om..,~A~s,.m~, ~m ~ .... . ........ -. : 20 106
SECTION ~ JCALcuLATION OF FEDERAL GRAHT
. L~ deve~m~l
I. ReloCah~ E~cA~
I
12. E~
14: ToIaI(Li~$ I lmou~h 13i .... J" : ' $222,222.00
I~. Ada: C~nh~c~es ,.
Ig. TGI~I Pmlec~ ~. (EACI~nl R~h~lilamn Gi~s} $222,222. O0 '
i
21. G4~ s~e $22,222. O0
2~. Ol~ ~s - 0 -
~, lola p,uiccllL,m~IL ~&211 ~
I
I
FP&P. TMENT OF TRAHSPORTATION. FEDERAl. AVIATION ADMINIS?RATI~..N
SECTION C - EXCLUSIONS
Clel ~,;lic ei.ien
$
(11
¢2)
SECTION D - PROPOSED METHOD OF FINANCING NON.FEDERAL SHARE
'7. Grantee Share $ 22,222. O0
a. Securihes
b. f,~or~gages
c. A00roonat,ons (By Apolicant) 22,222.00
cl. Bonds
e. Tax Levies
f. Non Cash
S* Other (F_xolam)
h. TOTAL - Grantee share
'R. Other Shares
a. State
b. Other
c. Total Other Shares
9. TOTAL $ 22,222.00
SECTION E - REMARKS
PART IV PROGRAk4 NARRATIVE (Att,ac, h - Se..t.,,i,,nstructions)
LA Farm $100.100 ~&-?3) SUPEeSED£S IrAA IrORM SlO0-$O PA(~Ir$ i TMIIIU ?
IPAA AC
Page 5
Part IV
Program Narrative and
Proposed Scope of Services
Program Narrative
Goals and Objectives
In March 1989, the City of Sebastian proposed amendments to the city charter
which, if passed and enacted by ordinance, would place restrictions on the
operation and use of the Sebastian Municipal Airport resulting in violations
of' the conditions of the surplus property conveyance (quit claim deed)
transferring airport ownership from the Federal Aviation Administation (FAA)
to the City.
The attached "Agreement in Principle Between the City of Sebastian, Florida
and the Federal Aviation Administration" (herein after referred to as the
Standstill Agreement) was executed to postpone the final passage and enactment
of the city ordinances necessary to implement the charter amendments and to
postpone the FAA from commencing, supporting, or encouraging any legal action
against the City of Sebastian in connection with the ordinances, charter
amendments, or related airport matters.
The purpose of the Sebastian Municipal Airport Community Compatibility and
Master Plan Study, as required by the Standstill Agreement, is to serve as a
foundation for negotiations between the City of Sebastian and the FAA in
determining the future role of the Sebastian Municipal Airport. The goal of
the study is to generate recommendations on the future role of the airport and
how the airport should be modified or improved in order to fulfill that role
in a manner compatible with:
(a) the City's overall community planning objectives
(b)
federal statutory objectives and responsibilities to adequately meet
the needs of civil aviation, and
(c) the terms of the surplus property conveyance (quit claim deed) by
which the City acquired the airport.
-1 -
2340c/405P/050290
WILLIAMS, HATFIELD 8 STONEI~, INC.
Consulling Engineers. Planners. Surveyors
The primary objectives of the study will be as follows:
To provide significant opportunities for public participation to
include the FAA; airport users; and residents of Sebastian, Roseland,
and neighboring communities; in sessions managed by a facilitator
utilizing interactive problem-solving techniques.
(~)
To provide operation forecasts, noise impact analysis, environmental
analysis, financial analysis and forecasts, and an engineering and
design analysis for the selected airport alternatives.
The process proposed through which the preparation of the products of this
study will result is expected to improve community relations in the City of
Sebastian by eliminating the current polarization over the use and operation
of the Sebastian Municipal Airport. The products themselves will be used to
guide decision makers in the City of Sebastian to determine the magnitude and
type of aviation facilities and the operational and financial management
requirements of the airport alternative chosen by the City, and ensure
compatibility between the adopted airport alternative and the FAA's National
Integrated Airport System Plan and the Statewide Airport System Plan.
-2 -
2340c/405P/050290
~ILLIAMS, HATFIELD 8 5TONEFL, INC.
Consulliny Enyineers, Planners. Surveyors
June 8, 1989
AGREEMENT IN PRINCIPLE
BETWEEN THE cITY OF SEBASTIAN, FLORIDA AND
THE FEDERAL AVIATION ADMINISTRATION
1) Following approval on first reading, the Sebastian City
Council will postpone final passage and enactment of the
ordinances implementing the March 1989 amendments to the city
charter,, including those ordinances imposing a noise rule and
user fees at the Sebastian Municipal Airport. The FA~, in turn,
will refrain during such postponement from commencing, supporting
or encouraging any legal action against the City of Sebastian in
connection with the ordinances, charter amendments or related
airport matters.
2) The FAA will entertain a grant application for a planning
study funded under tile FAA Airport Improvement Program, that
authorizes 90% fundi~]g for' planning studies, subject ~o a
reduction of $27,908 of allowable costs paid under a previous FA3~
Master Planning grant. No further payment will be made on
outstanding Master Planning Grant No. 01-86. The proposed study,
when completed, will serve as a foundation for negotiations
between the city of Sebastian and the FAA, with input from other
interested parties, aimed at determining the future role of the
Sebastian Municipal Airport. The planning grant study will focus
on the collection of data relating to present and future activity
levels, regional economic projections, demographic patterns and
environmental and community considerations on the basis of which
an appropriate role for the airport can be determined.
3) The sponsor of the study will be the City of Sebastian,
operating through its chie£ administrative officer, the City
Manager.
4) The City of Sebastian will retain, through selection
procedures conforming to applicable local and FAA requirements,
highly qualified, recognized consultants for the engineering and
design, noise and other compcnents of the analysis. The FAA
reserves the right to reject such selection for cause.
5) The FAA will make a good faith effort ~o provide adequate
funding for the needed planning study using available FY 89 or FY
90 funds, and will support a study that can be completed within
one year from date of grant. T!~e total federal share of the
costs of the study will be based on a review and approval by the
FAA of a proposed work scope, but in no event will exceed
$200,000, subject to the reduction referred to in paragraph 2
above. The city of Sebastian will submit such proposed study
work scope within 60 days.
6) The goal of the study will be to generate recommendations on
the future role of the airport and how the airport should be
modified or improved in order to fulfill that role in a manner
compatible with a) the City's overall community planning
objectives, b) federal statutory objectives and responsibilities
to adequately meet the needs of civil aviation, and c) the terms
of the surplus property conveyance by which the city acquired the
airport. An essential premise of the study will be that the
airport's role and use must be consistent with the overall goals
and needs of the City of Sebastian in a proper balance with such
appropriate federal objectives. Rather than fitting the City of
Sebastian to the Sebastian Municipal Airport or vice versa, the
study will attempt to identify ways to fit the two together.
7) The scope of work will include an operations survey and
forecast, a noise study and analysis, an environmental analysis,
an economic analysis and forecast, and an engineering and design
analysis.
8) The study will provide for significant opportunity for input
from the FAA, the airport users, the citizens of the City of
Sebastian, and the citizens of the neighboring community of
Roseland.
9) If at any point during the study, comment and post-study
negotiation period the Council were to enact ordinances
implementing the March 1989 amendments to the city charter, as a
result of the order of a court in an action against and defended
by the City, the FAA would be free to take any legal action it
deems appropriate, and to stop further funding of any not
completed portion of the study. The FAA would provide the normal
progress payments authorized under the terms of an FAA planning
grant for work completed at the time of any such court order, and
the City of Sebastian would promptly make available to the FAA
all work product performed under the planning grant available at
the time of any court order.
10) If the Council were to unilaterally take any action to
terminate the study or to enact ~uch implementing ordinances
prior to completion of the study and in the absence of a court
order, requiring such action, or were to seek issuance of such a
court order all grant progress payments will be returned to the
FAA and the grant voided. The FAA also reserves the right to
terminate the study if in the opinion of ~he FAA, adequate
progress is not being made or federal objectives are not being
sufficiently considered. I;] tl:e latter event, progress payments
would be authorized to the date of termination.
11) The City of Sebastian agrees that FAA funding of a planning
study is being undertaken in the spirit of supporting a planning
effort intended to result in at least an objective analysis of
demand for aviation services at the Sebastian Airport and a
comprehensive plan for satisfying that demand while considering
legitimate community interests, and local, state and federal
aviation interests.
12) During the study period, the City of Sebastian will not
remove any airport lighting, will remedy any unsafe conditions at
the airport, and will operate the airport in accordance with the
conveyance agreement, and generally will not take any action that
will alter the character of the airport.
3
STANDARD DOT TITLE VI ASSURA~$ TO ACCOMPANY THE APPLICATION FOR FEDERAL
ASSISTARCE DATED
.(hereiea£~.er referred Co as the Sponsor) hereby
agrees that as a condition to receiving Federal financial assistance
the Dep~c~enc o~ Transporc~cio~ (~T), Lc viii comply vi~h Title VI of the
Civil ~i~bcm Acc nE 196~ (a2 U.S.C. 2000d ~.) end all cequiremeucs
imposed by ~9 ~R Par~ 21, Nomdisc~m~nacion in Federally Assisted
nE ~he Depar~e,~ o~ Transportation -- gffec~ua~iom o~ Title VI o~ the
Civ~ ~[~=s Ac= of 19~& (hereinafter referred =o as =he "ReEula=ious")
color, or ua=intel or[~[n, be excluded fro~ ~ar=~c~pa=[ou ~n, be denied =he
benefice o[, or be o~he~ise subjected ~o dlscrlmina~iou under any program
or ac~v~y for which CBs app~[canc receives Federal f~nanc[al
amd will ~mmed~acely Cake any measures necessary Co effectuate
a~reemenK. ~[KhouK 1[m[c[n~ K~e above geaera~ assurance, ~he Sponsor
agrees conceru[n~ ~[s ~ranc
1. Each "program" and "facility" (as defined in Sections 21.23(e) and
21.23(b)) vii1 be conducted or operated in compliance with all requirements
of the Regulations.
2. lc will insert the clauses of Attachment I of chis assurance in
every contract subject Co the Act and the Regulations.
3. Where Federal financial assi'sCance is received to construct a
facility, or parc of a facility, the assurance shall az:end to the entire
facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the
acquisition of real property or an interest in real property, the assurance
shall extend to rights Co space on, over, or under such property.
5. It viii include the appropriate clauses set forth in Attachment 2
of Chis assurance, as a covenant running rich the land, in any future
deeds, leases, permits, licenses, and similar agreements entered into by
the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or
improved with Federal financial assistance under this Project; and
(b) for the construction or use of or access to space on, over,
or under real property acquired or improved with Federal financial
assistance under this Project.
6. This assurance obligates the Sponsor for the period durf~g which
Federal financial assistance is exceeded to the program, except where the
Federal financial assistance is Co provide, or is in the form of personal
property or real property or interest therein or structures or improvements
.thereon, in vhich case the assurance obligates the Sponsor or any
transferee for the longer of the foltoving periods:
(a) the period during vhich the property is used for a purpose
for which Federal fknanc£al assistance is extended, o: for another purpose
involving tl.~ provision of similar services or benefits; or
(b) the period during vhlc~ the Sponsor retains ovnership o'r
possession of the property.
7. It rill provide for such methods of administration for the program
as are found by the Secretary of Transportation or the official to whom he
delegates specific authority to siva reasonable guarantee that LC, other
sponsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal f£nancial assistance under
such program rill comply vith all requ£rements imposed or pursuant to :he
Act, the Regulations, and this assurance.
and this assurance.
obtaining Federal financial assis:ance ~or this Pro~ect and is binding o~
contractors, the sponsors, subcontractors, transferaes, suc:essors [~
interest, and other partlcipan:s in the Project. The person or persons
vhose signatures appear belov are authorized to si~u th£~ assurance on
behalf o[ the Sponsor.
DATED
DATED
(Sponsar~
By,
(Signature of Authorized Official)
TLtle
(Sponsor)
(Signature o[ Authorized Off£cial)
Title
Attachments I and 2
Co~trP~ACTOR CO ~rr P. aCTU~.AL
ATTACHI~ NT 1
During ~he per~or~nc~ o~ ~h~ con~rac~, ~he Cou~rac~or, ~or ~sel~,
a~s[~nees and ~uc=essors ~n ~n~eres~ (here~aa~ter referred
"Con~rac~or") agrees as
I. C~mpliance With Regulation.,. The Contractor shall comply with the
Regulations relative to nond£scrimi~ation in Federally Assisted Programs of
~he Department of Transportation (here[nailer,Title 49, Code
Federal Regulations, Par~ 21, a~ ~hey may be amended from ~ime ~o
(hereinafter re[erre~ ~o aa ~he ~egula~[ona), which are herein ~ncorpora~e~
by re~erence and ~de a par~ of ~h[a con~rac~.
2. Noa~i~cr~mins~oa. The Con~rac~or, w[~h regard ~o ~he work
per~orme~by i~ 4Ur[ng ~he coa~rac~, shall uo~ discriminate on ~he grouu~s
of race, color, or national origin in ~he selection and re~en~[on o~
subcontractors, including procurements of materials and leases
equipment. The Con~racCor shall uo~ participate e~her directly or
[=directly in ~he d~scr[m[na~[on prohibited by Section 2~.~ o[ ~he
~e~u[a~[oas, [nclud[n~ employmen~ PraCtices when ~he con~rac~ covers a
p=o~=a~ se~ [or~h in Appendix B of ~he
and E~uiDmen:. In all ~lici:a:ion either by ~ompe~:ive bidding or
~ n~s of.Materials
egoc:a:ion mad~ by :he Con:tacCor for work to be performed under a
subcontract, including procurements of ~:erials or leases of equipment,
each Potential subcontractor or supplier ahall be notified by :he
Con:ratter of the Con:rac:or's obligaCion under this con:rac: and :he
Regula:ion~ re!a:ive ~ nondiscrimination on the grounds of race, color
nsc ional origin. ,
4. lnfor=a:ion and Re:orr,. The Contractor shall provide all
infor'.a?ion and :epor~'$ required~y the Regulations or directives issued
pursuant thereto a~d shall permi~ access to i~a books, records, accounts,
other sources of information, and its facilities as ~y be de~ermined by
~he Sponsor or ~he Federal Aviation Administration (F~) to be pertinen~ ~o
ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a Contractor i~ in the exclusive
possession of another who fails or refuses to furnish thi~ info~ation, the
Contractor shall so certify ~o the Sponsor or ~he F,~, as appropriate, and
~hall se~ forth wha~ efforts it has ~de ~o obtain the info~ation.
5. Sanctions for .Nonco~plianc.~. In the event of ~he Contractor's
noncompliance wi:h ~he nondiscrimin~ion provisions of ~his contract, ~he
Sponsor shall i~pose such contract sanctions as i~ or ~he F~ may de,ermine
~o be appropriate, including, bu~ no~ limited ~o:
(a) Withholding oE parents co ~he Con~rac~or under the concrac~
un[[[ ~he Con~rac~or complies, and/or
whore or in parC.
6. Incorporation of P~ovi~sions. The Concrsccor shall include
provisions o[ paraSraphs I chroush 5 in every subcontract, ~nclud~n$
procurements of materials and leaees of equipment, un,ess exempC by the
~egula~ons or d~rec~Eves ~seued pursuant ~her~co. The Contractor shall
cake such ac~on v~h resp~cc Co any subconcrac~ o~ procure~nc
Sponsor or the ~AA ~y d~recc aea means o~ en[orc~ul such
~ncludEn~ eaacC~on~ for uoucomp~anc~. Provided, however,
event a Concrac~or beco~s ~nvoZved in, or is chreaceued e~ch,
v~h a subcoacraccor or supplier as a reeul~ o~ luch dErec~on, the
Con~rac~or ~y reques~ the Spou~or ~o enCer ~nco such litigation ~o pro~ec~
~he ~nterescs o~ ~he Spoesor and, ~ add~[oe, ~he Contractor ~y reques~
the Un[ced States Co enter ~nco such l~ga~oa ~o pro~ecc the ~nCeres~s
~he Ua~Ced
CLAUSES FOR DEEDS, LICENSES, LEASES PERM. ITS OR SIMlLAl~ INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by the sponsor pursuant to the
provisions of Assurance 5(a) and 5(b).
1. The (grantee, licensee, lessee, permittee, etc., as appropriate} for
himself, his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, doe~ hereby convenant and
agree (in the case of deeds and leases add "as a convenant running with the
land"} that in the even~ facili~ie~ are constructed, maintained, or
otherwise operated on the said property described in thi~ (deed, license,
lease, permit, e~c.) for a purpose for which a DOT program or activity is
ex~ended or for another purpose involving the provision of ~imilar services
or benefits, the (gran~ee, licensee, lessee, pe~ittee, e~c.)~hall maintain
and operate such facilities and services in compliance with all other
requirements imposed pursuan~ to 49 CFR, Par~ 21, Nondiscrimination im
Federally Assisted Programs of ~he Depar~men~ of Transportation, and as said
Regulation may be amended.
2. The (grantee, licensee, lessee, permittee, e:c., as appropriate) for
himself, his personal representatives, successors in interest, and assigns,
as a part of the consideration hereof, does hereby convenant and agree (in
the case of deeds and leases add "as a convenent running with the land"}
that: (1) no person on the grounds of race, color, or national origin shall
be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land and the
furnishing of services ~hereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination, (3) that the (grantee,
licensee, lessee, permirtee, etc.) shall use the premises in compliance with
all other requirements imposed by or pursuant to 49 CFR, Part 21,
Nondiscrimination in Federally Assisted Programs of the Depar~men~ of
Transportation, and as said Regulations may be amended.
Attachment 3
Certification for Contracts,, Grants~ Loans, and Cooperative
Agreements
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant loan or cooperative
agreement. '
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobby Activities," in
accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Signed
Sponsor's Authorized Representative
Dated
DISCLOSURE OF LOBBYING ACTl rl ii '"''''c z,
Complete ~is form ta d~s~Jose lobbying act~ties punuant ~ 31 U~e~C. 13~2
(See r~,eese for public burden disclosure.)
Status of Federal Action:
i-'i ".bi °"e' app
'~' b. mltial award
Type of FederaJ Acliom
ra. contract
b. ~rant
c. cooperative asreement
d, loan
e. loan p:uarantee
f. loan insurance
Name and Acldres$ o( Reportin8 Entity:.
D Prime D 5ubawardee
Cong:essional Dislrict, if known:
6. Federal Deparlmenl/Agency:
8. Federal Action Number. ffk~own:
c. post-award
Tier ~. ~ known:
r-'l a. initla] fllin$ '
l I b. mateHal change
For MaterLd Change Only:
year quarter ~
date of last repot~
If Reportinl( Enlity in No. 4 ia Subawardee, Enter Name
and Address of Prime:
Congresslonal District. if known:
7. Federal Prosram Name/Des.trip,ion:
CFDA Number, if appficable:
Award AmounL if known:
$
z0. a. hame and Address of Lobbyin8 Entity
I]f ~nd~,'idual. last naa'ne, fi~st name,
b. Individuals Perfotmlnt Services finclud~ng address
d~fferent from I%'o. lOa)
(last name. first name, MI):.
11.
1-*.
Amount o( Payment (check all that apply):
$ C~ actual n planned
Fo~m ol Payment ~check all L~at apply):
I~ a. cash
D b. in.kind; sped~: nature
value
13, Type of Payment fcheck all :hat apply):
C~ a. retainer
L"I b. one-time fee
c, commission
d. continlent fee
e. defened
f. other; specify:
14. Brief Description of Services Performed ot to be Performed and Date(s) of Service, including officer(s), employee(sL
or Member(s) contacted, for Payment Indicated in Item 11:
15,
~attac~ C~ie,,~rien S~eelfsl SF,~.L.A ifnecesleef~
ConHnuadon Sheet(s) SF.LLL.A attached: f'l Yes t'l No
Signature:
Print Name:
Title: , ,
Telephone No,:
Date: , ,
. INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
Thls. t. d~sdosure, farm shall be completed by tile reporting entity, whether subawardee or pr{me Federal recipient, at the
m~t~at~on or receipt o! ~ covered Federal action, or a miler/al change to a previous illin& pursuant to title 31 U.S.C.
section 1352. The filin$ of i form is required for each payment or agreement to make payment to any'lobhyin$ entity for
influenclnB or attemptin$ to influence an officer or employee of any agency, a Member of ConBress~ in officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the
SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that
apply for both the init/al fil{nB and mater{al change report. Refer to the implement/nB Buidznce published by thc Office of
a. tanaBe~ent and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is an,4~or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status o! the covered Fedora/action.
3. Identify the appropriate class;fication of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reportin8 entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reportin8 entity. Include Congressional District. if
known. Check the appropriate classification of the reportinB entity that ciesiBnates if it is, or expects to be, a prime
or suba~,'ard recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Suba~,ards include but are not limited to subcontracts, subBrants and contract awards under stints.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agent¥ making the award or loan commitment. Include at least one orBanlzational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If know~, enter the
Catalo8 of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
c: =mi:meats.
8. Enter the most appropriate Federal identif)~n$ number aYailable for the Federal action identified in item I (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IF~) number, Brant announcement number, the contract,
8rant, or loan award number, the application/proposal control number asdBned by the Federal agency). Include
prefixes, e.g., "R~P-D£-g0-001."
g. For a covere~ Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amour.t of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a)Ent.-r the full name. address, city, state and zip code of the lobbying entity ensaBed by the reportinB entity
ide.',:ifle~ ir. item 4 to influence the covered Federal action.
lb)Enter the full names of the individual(s) performin8 sen4ces0 and include full address if different fi.om 10
Enter Las: Name, First Name, and Middle Initial (MIL
'~. Enter the amount of compensation paid or reasonably expected to be paid by the reportin8 entity (item 4) to the
Iobby~n8 entity (item '10). Indicate whether the payment has been made (actual) or will be made (planned). Check
all boxes that apply. If this is a mater/al char.Be repo~, enter the cumulative amount of payment made or planned
to be made.
Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-k/nd contribution,
specify the nature and value of the in-kind payment.
Chec;¢ the 'appropriate box(es). Check all boxes that apply. If other, spedfy nature.
Pro¥~de a specific and detailed descr;ption of the ser~ces that the lobbyist has performed, or will be expected to
perform, and the date(s) of any services rendered. Include all preparatory :,nd related activity, not just time spent in
actual contact w~th Federal offid~ls. Identify the Federal official(s) or employee(s) contacted or the officer(s),
employee(s), or Member(s) of Congress that were contacted.
Check whether or not a SF-LLL-A Continuation Sheet(s) is a~ached.
The cer'dfyln$ official shall sign and date the form, print his/her name, title, and telephone number.
12.
't'~.
14.
Public mpar~n8 bun:lea lot this collection of information is es~mated to averse 30 min~ ~r e~n~, including ~me fo~ ~n8
~s~ons, ~achm~ ezis~n& da~ ~urces, ~a~he~n~ ~d m~n~nin~ ~e d~ n~, ~d comple~n~ ~d r~n~ ~e collec~on of
~fo~a~on. Send commenu r~ardin~ ~e burden ~mate or ~ o~et ~ of ~is colle~on of info~ation, includin8 suMes~ons
for r~uci~ ~s bu~n. to ~e Or'ce of M~a~ement ~d Eu~eL Firework R~u~on P~ (03~), W~hin~on, D.C. 20503.
: ,* . ..CONTINUATION SHEET ...
Reportin8 Entity:
Pa~e ,,
A. General
ASSURANCES
Airport Sponsors
1. These assurances shall be complied with in the performance of
grant agreements for airport development, airport planning, and
noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capacity Expansion
Act of 1987, or the Aviation Safety and Noise Abatement Act of
1979. As used herein~ t~ie term "public agency sponser', means a
public agei~cy with c .... ~trcl of 5 public-use a.~rpc~-~; the term
"~:-ivate s~onsor" me'~.~ a private owner of a pub~.ic-use airport;
anf~ the term ,,sponsor,~ ir'..~ludes public agency spu. nsors and
private sponsors.
2. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability
1. Airport Development or Noise Compatibility Program Projects
Undertaken by a Public Agency Sponsor. The terms, conditions and
assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise
compatibility program project, or throughoUt the useful life of
the 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 of the assurance against exclusive rights or the
terms, conditions, and assurances with respect to real property
acquired with Federal funds. Furthermore, the duration of the
Civil Rights assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program Projects
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 life of
facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no
less than 10 years from the date of the 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, 34, and 36 in Section C apply to planning
projects. The terms, conditions, and ~ssurances of' 't~ gr~nt '
agreement shall remain in full force and effect during the life
of the project.
C. Sponsor Certification. The 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
m.
n.
o.
p.
q.
r.
s.
t.
u.
Federal Aviation Act of 1958 - 49 U.$.C. 1301, et seq.
Davis-Bacon Act - 40 U.S.C. 276(a), et seq. 1/
Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
Match Act - 5 U.S.C. 1501, et seq. 2/
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 - 42 U S.C. 4601, et
seq. 1/ 2/ ·
National Historic Preservation Act of 1966 - Section 106
- 16 U.S.C. 470(f). 1/
Archeological and Historic Preservation Act of 1974 - 16
U.S.C. 469 through 469c. 1/
Flood Disaster Protection Act of 1973 - Section 102(a) -
42 U.S.C. 4012a. 1/
Rehabilitation Act of 1973 - 29 U.S.C. 794.
Civil Rights Act of 1964 - Title VI - 42 U.S.C.
through d-4. 2000d
Aviation Safety and Noise Abatement Act of 1979, 49
U.S.C. 2101, et seq.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
Architectural Barriers Act of 1968 - 42 U.S C.
seq. 1/ · 4151, et
Airport and Airway Improvement Act of 1982, as amended 49
U.S.C. 2201, et seq.
Powerplant and Industrial Fuel Use Act of 1978 - Section
403 - 2 U.S.C. 8373. 1/
Contract Work Hours and Safety Standards Act - 40 U.S C
327, et seq. 1/ - .
Copeland Antikickback Act - 18 U.S.C. 874. 1/
National Environmental Policy Act of 1969 - 42 U S C
4321, et seq. 1/ · · ·
Endangered Species Act - 16 U.S.C. 6~8(a), et seq. 1/
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/
Drug-Free Workplace Act of 1988 - 41 U.S C. 702 through
706. ·
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal
Programs
Executive Order 11246 - Equal Employment Opportunity .1/
Federal Regulations
a. 49 CFR Part 18 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
b. Governments. 3/
49 CFR Part 21 - Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation _
Effectuation of Title VI of the C' '
c. 49 CFR Part 23 - ~_: ..... lvll Rights Act
P-~~a~lon Dy Minority Busine~
Enterprise in Department of Transportation Programs.
d. 49 CFR Part 24 - Uniform Relocation Assistance and Real
Property Acquisition Regulation for Federal and Federally
Assisted Programs. 1/ 2/
e. 49 CFR Part ~7 - Non-Discrimination on the Basis of
Handicap in rograms and Activities Receiving or
Benefiting from Federal Financial Assistance. 1/
f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary
Exclusions.
g. 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.
h. 29 CFR Part 1 - Procedures for Predetermination of Wage
Rates. 1/
i. 29 CFR Part 3 - Contractors or Subcontractors on Public
Buildings or Public Works Financed in Whole or Part by
Loans or Grants from U.S. 1/
J. 29 CFR Part 5 - Labor Standards Provisions ApPlicable to
Contracts Covering Federally Financed and Assisted
Construction. 1/
k. 41 CFR Part 60 - Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of
Labor (Federal and Federally-assisted Contracting
Requirements) 1/
1. '
14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts
with State and Local Governments. 3/
b. A-128 - Audits of State and Local Governments. 2/
l/
These laws do not apply to airport planning sponsors.
2/ These laws do not apply to
3/ 49 CFR Part 18 and ...... P~ivate sponsors.
u um~ circular A-87 contain requirements
for State and local governments recei%ing Federal
assistance. Any requirement levied upon State and local
governments by this regulation a
app}icable to -riva~ .... nd ?i~Cular shall a so be
assistance und[r ~=t=-~p°ns0rs ~ecelvlng Federal 1
of 19'- ~u= azrpor= ana Airway Imnrov
~z, as amended. - = ement Act
Specific assurances required to be included in grant agreements
by any of the 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 of the applicant,s governing body
authorizing the filing of the application, 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
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 the application; and
to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available
for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to
the landing 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 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 assurance
to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not 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 or other interests in the
property shown on Exhibit A to this application 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 grant agreement without
approval by the Secretary. If the transferee is found by the
Secretary to be eligible under the Airport and Airway Improvement
Act of 1982 to assume 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 t~ansferring or disposing of the sponsor,s
interest, and make binding upon the transferee, all of the 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 government or are on
property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and
assurances that would be 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 of the 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 of the agreement.
e. If the sponsor is a private sponsor, it will take steps
satisfactory to the Secretary Jo 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 of
the airport by any agency or person other than the sponsor or an
employee of the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the airport will
and maintained in accordance with
t be operated
Improvement Act of 19" .... he Airport and Airway
oz, =ne 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 of this
9pplication) of public
agencies that are authorized by the State
in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility
program projects, other than land acquisition, to be carried out
on property not owned by the airport and over which property
another public agency has land use control or authority, the
sponsor shall obtain from each such agency a written declaration
that such agency supports that project and the project is
reasonably consistent with the agency,s plans regarding the
property.
7. Consideration of Local Interest. It has given fair
consideration to the interest of communities in or near which the
project may be located.
8. Consultation with Users. In making a decision to undertake
any airport development project under the Airport and Airway
Improvement Act of 1982, it has undertaken reasonable
consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings. In projects ipvolving the location of an
airport, an airport runway, or a ma]or runway extension, it has
afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of
the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the
community. It shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary.
10. Air and Water Quality Standards. In projects involving
airport location, a major runway extension, or runway location it
will provide for the Governor of the 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 of the 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. Local Approval. In projects involving the construction
extension of an~ runwa-- -~ .... . . or
. ~ ~ ~u any general aviation airport located
astride a line separating two counties within a single state, it
has received approval for the project from the governing body of
all villages incor~orated under the laws of that
located entirely .J,~- ,: ....... state which are
airport, z -~.~, ~¥e ml~es o~ t~e nearest boundary of the
12. Terminal Development Prerequisites. For projects which
include terminal development
at a public airport, it has, on the
date of submittal of the project grant application, all the
safety equipment required for certification of such airport under
section 612 of the Federal Aviation Act of 1958 and all the
security equipment required by rule or regu%ation, and has
provided for access to the passenger enplaning and deplaning area
of Such airport to passengers enplaning or deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which
fully disclose the amount and disposition by the recipient of the
proceeds of the grant, the total cost of the Project in
connection with Which the grant is given or used, and the amount
and nature of that Portion of the cost of the project supplied by
other SOUrces, and Such other financial reCords pertinent to the
project. The accounts and
With an accounting system that will facilitate an effective audit
records shall be kept in accordance
in accordance with the Single Audit Act of 1984.
b. It Shall make available to the Secretary and the
Comptroller General of the United States, or any of their duly
authorized representatives, for the PUrpose of audit and
examination, any books, doCUments, Papers, and records of the
recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient.
In any case in Which an independent audit is made of the accounts
of a Sponsor relating to the disposition of the proceeds of a
grant or relating to the project in connection with Which the
grant was given or used, it shall file a certified copy of Such
audit with the Comptroller General of the United States not later
than 6 months following the close of the 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 Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C.
276a--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 It shall include, in a
ork on any projects fun~ed Under the grant a tee11 contracts for
involve labor, Such rovl '
In_the emplo en .~P,_~ Slons as are ne g.. me~t Which
and su _Y? t 't ~or e ._ cessary to in _
perviso _ ( xcept la ex _ . SUre that.
515 ~- ~nu ~lsab h 11 be iv '
(c)(1) and ~ ~ -- ~ . led Veterans a g_ e9 to veterans
}982. However;2&h~ the Airport and Atrwa~ _defined In Section
individual, ___ z~.preference sha]~ .... ¥ Improvement Act
- ~e available and ~,a~:it ~PaY only where the of
which the employment relates. ~ ~zrled to Perform the Work to
16. Conformity to Plans
_. and Specification
project subject to plans, specifications ~'_~xu ~lll. execute the
by the Secretary. , anu SChedules approved
Such Plans, specifications, and schedules
shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant
~greement, and, upon approval by the Secretary, shall be
· ncorporated into this grant agreement. Any modifications to the
approved plans, specifications, and schedules shall also be
subject to approval by the Secretary and incorporation 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 with the
plans, specifications, and schedules approved by the Secretary
for the project. It shall subject the construction work on any
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 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 the 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.
e. It will give the Secretary unrestricted authority to
publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant.
f. It will grant the Secretar the '
Sponsor's em~lo~--~ -~ ..... Y rlght to disapprove the
subcont .... = ~.-~ ut ~peclzlc consultants and the' -
the ri-f~¢~°r~-t° Go all or any part of this' ro ectir as
gn= =o ulsa rove P j as well
PP the proposed sco e an
professional services. .P d cost of
g. It will grant the Secretary the
use of the sponsor,s employees to do all
project.
right to disapprove the--
or any part of the
h. It understands and agrees that the Secretary,s approval
of this 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 of the Secretary to
approve any pending or future application for a Federal airport
grant.
19. Operation and Maintenance.
a. 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 nonaeronautical purposes must first be approved
by the Secretary. The
airport and all facilities which are
necessary to serve the aeronautical users of the airport, other
than facilities owned or controlled by the United States, shall
be operated at all times in a safe and se~-viceable 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.
In furtherance of this assurance, the sponsor will have in effect
at all times 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
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the 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 suitable operate and maintain noise compatibility
program items that it owns or controls upon which Federal funds
have been expended.
20. Hazard Removal and Mitigation. It will take appropriate
action to assure that such 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,
r~locating, 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,
including the adoption of zoning laws, to the extent reasonable,
to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible
with normal airport operations, including landing and takeoff of
aircraft. 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 the
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 ~ake its airport available as an airport for
public use on fair and reasonable terms and without unjust
discrimination, to all types kinds, and classes of aeronautical
uses. '
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 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 fair, equal, and not
unjustly discriminatory basis to all users thereof, and
(2) charge fair, 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.
c. Each fixed-based operator at any airport owned by the
sponsor shall be subject to the same rates, fees,
other charges as are uniformly applicable to all rentals, and
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 sez-ve any air carrier
at such airport.
e. Each air carrier using such airport'(whether as a tenant,
nontenant, 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
which utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory
carriers and nonsignatory 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
classifications 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 contractors or
concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the
airport as may be necessary for the safe and efficient operation
of the airport.
i. The sponsor may prohibit or limit any given type, kind,
or class of aeronautical use of the airport if such action is
necessary for 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 any persons providing, or intending to
provide, aeronautical services to the public. For purposes of
this paragraph, the providing of 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 more than one fixed-based operator to provide
such services, and
b. If allowing more than one fixed-based operator to provide
such servicem 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, or at any other airport now owned
or controlled by it, 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 and services, sale of aviation
petroleum products whether or not conducted in conjunction with
other aeronautical activity, repair and maintenance of 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 the Airport and Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental
structure consistent with Assurance 22 and 23, for the facilities
and services being provided the airport users 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 of traffic and economy of collection. No
part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made
under the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate base in establishing fees rates,
and charges for users of that airport. '
25. Airport Revenue. If the airport is under the control
a
local taxes on ....... ,,_ . fuel established after Dec~-~- ~
1987, will be =~penae~ Dy It for the canital o ........ ' ....~ ~0,
of the airport; local airport system; or other local
the ~ ~ up~ra~lng costs
facilities which are owned or operated by the owner or operator
of the airport and 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 of the airport, or
provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator,s financing, provide
for the use of the revenues from any of the airport owner or
operator,s facilities, including the airport, to support not only
the airport but also the airport owner or operator,s general debt
obligations 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.
26. Reports and Inspections. it will submit to the Secretary
such annual or special financial and operatiohs reports as the
Secretary may reasonably request. For airport development
projects, it will also 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 of the
Secretary upon reasonable request. For noise compatibility
program projects, it will also make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including
deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request.
27. Use of 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 Governmeht aircraft is substantial, charge may be
made for a reasonable share, Proportional to such use, for the
cost 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 Government 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 interfere with use of the
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 of movements (counting
movement) of Government aircraft i .... each landing as a
~ ~uu or more, or the gross
accumulative weight.of Government aircraft using the airport (the
total movements of Government aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to
the Federal 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, any
areas of land or water, or estate therein, 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 any
portion thereof will be made available as provided herein within
four months after receipt of a written request from the
Secretary.
29. Airpor~ 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
proposed additions thereto, together wit 1
offslte areas owned h the boundaries of all
or controlled by the sponsor for airport
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
and reductions of ex~-~ ......... ~}1 proposed extensions
~n~ a~rpor~ ~aclll=les; and (3) the
location of all existing and proposed nonavi
all existing imDroveme , .._ ation areas and of
_ nts ~hereon. Such airport layout plan 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 the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the
airport or in 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 of the Secretary, adversely affect
the safety, utility, or efficiency of the airport.
b. if a change or alteration in the airport or its
facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which
is not in conformity with 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 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 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 retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant before, on, or after
December 30, 1987, for airport noise compatibility purposes, it
will dispose of the land, when the land is no
such purposes, at fai .... , ...... ~onger needed for
~ ~r~u va~ue a= the earliest practicable
time. That portion of the proceeds of such disposition which is
proportionate to the United States share of acquisition of such
land will, at the discretion of the 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.
b. For land purchased for airport purposes (Other than noise
compatibility) under a grant before, on, or after
1987, it Will, when the land is no longer needed December 30,
for airport
PUrposes, dispose of Such land at fair market value. That
Portion of the proceeds of such.disposition, which is
PrOportionate to the United States share of the cost of
acquisition of such land will be paid to the Secretary for
deposit in the Trust Fund.
c. Disposition of"such land Under a. and b. above Will be
subject to the retention or reservation on 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
the Operation of the 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, maDDing, or related services with respect to the
project in the same manner as a contract for architectural and
engineering services is negotiated under title IX of 'the Federal
Property and Administrative Services Act of 1949 or an equivalent
qualifications.based requirement Prescribed for or by the Sponsor
of the 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
opportunities for Products and suppliers of the equitable market
procurement and construction. United States in
34.
PolicieS, Standards. and Specificatio .
out the project in accor-' ' ns
specifications ..... ~ance With nol~-~-_ . . It Will carry
~roved bu ~. ~___~-4~,_standards' and
limited to the advisory circulars not
= ~"= o-ure=ary including but
Advisory
· Circulars for A ...... listed in the ,,
in this grant, an~ ~_ ~ ~ro]ects,,, date Current FAA
standards ,_~ __~ ~" accordance wit~ .... ? .- and inc
' ,tion and eal - - ecr.tary. ,
~r.~- e~.l. acqui~ing real ._~E~Y Acquisition. .
~ ~Ica~le und-- ~-~ - ~ertv. tn *~ .... (1) It will
owners for .... ---- ~=&= z~ and wil~ .... ii~-~a=~on Policie.
services descr~_~~=~on assistance ..... ~- ouDpart a. (2J
relocation ._~"~ ~n Subpart C an~ ._~lu~r~m offering the
~ments an - ~ir and re
required in S.-~ .... d assistance to ~--,- .asonable
u~w~r=s D a u~=~xaced ers
make available within nd E of 49 CFR Part 24. p °n~ta~lll
~placement comparabi: ~?nabie Period of
~rsons in accordance wii~ement dwellings to
36. Drug-Free Workplace. It will provide a drug-free workplace
at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by (1) publishing a statement
notifying its employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled
substance is prohibited in the sponsor's workplace and specifying
the actions that will be taken against its employees for
violation of such prohibition;
(2) establishing a drug-free
awareness program to inform its employees about the dangers of
drug abuse in the workplace and any available drug counseling,
rehabilitation, and employees assistance programs; (3) notifying
the FAA within ten days after receiving notice of an employee
criminal drug statute conviction for a violation occurring in the
workplace; and (4) making a good faith effort to maintain a
drug-free workplace.
AGREEMENT
between
CITY OF SEBASTIAN, FLORIDA
and
WILLIAMS, HATFIELD & STONER, INC.
for
SEBASTIAN MUNICIPAL AiRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
3810m/405P/041190
This is an Agreement made as of
between City of Sebastian, Florida
and Williams, Hatfield and Stoner, Inc.
, 19
(0WN~--W7
(ENGINEER)
OWNER employs ENGINEER to perform professional engineering services, to
serve as OWNER's professional engineering representative and to provide
professional engineering consultation and advice for a professional fee (as
set forth below) in connection with
Community Compatibility and Master Plan Study for
Sebastian Municipal Airport
(the "Assignment").
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 Prior to the FAA Grant, the ENGINEER will proceed on verbal
authorization by OWNER to perform Article I of the Scope of Services as
defined in paragraph 1 of Exhibit SR-A "Further Description of Basic Services,
Duties of Owner, Method of Payment and Related Matters."
1.2 After written authorization to proceed, ENGINEER shall perform the
services as described in Articles II through VII of the Scope of Services as
defined in paragraph 1 of Exhibit SR-A "Further Description of Basic Services,
Duties of Owner, Method of Payment and Related Matters."
SECTION 2 - ADDITIONAL SERVICES
2.1 If authorized in writing by OWNER, Additional Servtces related to the
Assignment will be performed by ENGINF~R for an additional professional fee.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the
services of ENGINEER:
3.1 Provide all criteria and full information as to OWNER's requirements
for the Assignment and designate in writing a person with authority to act on
OWNER's behalf on all matters concerning the Assignment;
3.2 Furnish to ENGINEER all existing studtes, reports and other available
data pertinent to the Assignment, and obtain or authorize ENGINEER to obtain
or provide additional reports and data as required, and furnish to ENGINEER
services of others required for the performance of ENGINEER's services
hereunder, and ENGINEER shall be entttled to use and rely upon all such
information and services provided by OWNER or others in performing ENGINEER's
services under this Agreement;
3810m/405P/041190
-1-
3.3 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to perform services
hereunder;
3.4 Perform such other functions as are indicated in paragraph 2 of Exhibit
SR-A "Further Description of Basic Services, Duties of Owner, Method of
Payment and Related Matters"; and ~.
3.5 Bear all costs incident to compliance with the requirements of this
Section 3.
SECTION 4 - PERIOD OF SERVICE
4.1 ENGINEER's Basic Services will be performed and the Report submitted
within the time period or by the date stipulated in paragraph 3 of Exhibit
SR-A "Further Description of Basic Services, Duties of Owner, Method of
Payment and Related Matters".
4.2 ENGINEER's Basic Services under this Agreement will be considered
complete at the earlier of (1) the date when the Report is accepted by OWNER
or (2) thirty days after the date when the Report ts submitted for final
acceptance, plus in each case, if applicable, such additional time as may be
considered reasonable for obtaining approval of governmental authorities
having jurisdiction to approve the Report.
4.3 ENGINEER's Additional Services will be performed and completed within
the time period agreed to in writing by the parties at the time such services
are authorized.
4.4 If any time period within or date by which any of ENGINEER's services
are to be completed is exceeded through no fault of ENGINEER, all rates,
measures and amounts of compensation and the time for completion of
performance shall be subject to equitable adjustment.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services of ENGINEER.
5.1.1 For Basic Services. OWNER shall pay ENGINEER for ali Basic Services
rendered under Section 1 (as amended and supplemented by Exhibit SR-A "Further
Description of Basic Services, Duties of Owner, Method of Payment and Related
Matters") as follows:
5.1.1.1. On the basis of the Schedule of Hourly Rates and Other
Charges (Schedule "E") with an amount not to exceed ~ .
5.1.2 For Additional Services. OWNER shall pay ENGINEER for all Additional
Services rendered under Section 2 on the basis agreed to in writing by the
parties at the time such services are authorized.
3810m/405P/041190
-2-
5.1.3 Reimbursable Expenses. In addition to the payments provided for in
paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER the costs of all
Reimbursable Expenses incurred in connection with all Basic Services and
Additional Services in accordance with the Schedule of Hourly Rates and Other
Charges (Schedule E).
5.2 ENGINEER shall submit monthly statements for Basic and "Additional
Services rendered and for Reimbursable Expenses incurred. OWNER shall make
prompt monthly payments in response to the ENGINEER's monthly statements.
5.3 ENGINEER's above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment until
submission of the Report.
5.4 If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty days after receipt of ENGINEER's statement therefor,
the amount due ENGINEER will be increased at the rate of 1% per month from
said thirtieth day, and in addition, ENGINEER may, after giving seven days'
written notice to OWNER, suspend services under this Agreement until ENGINEER
has been paid in full ali amounts due for services, expenses and charges.
SECTION 6 - COST CONTROL
6.1 OWNER's budgetary requirements and considerations in respect of the
Assignment are set forth in paragraph 5 of Exhibit SR-A "Further Description
of Basic Services, Duties of Owner, Method of Payment and Related Matters".
6.2 Opinions of probable construction cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs prepared by ENGINEER
hereunder will be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best judgment as an experienced and
qualified design professional. It is recognized, however, that ENGINEER does
not have control over the cost of labor, material, equipment or services
furnished by others or over market conditions or contractors' method of
determining their prices, and that any utilitarian evaluation of any facility
to be constructed or work to be performed on the basis of the Report must of
necessity be speculative until completion of its detailed design.
Accordingly, ENGINEER does ~
not guarantee that proposals, bids or actual costs
will not vary from opinions, evaluations or studies submitted by ENGINEER to
OWNER hereunder.
3810m/405P/041190
-3-
SECTION 7 - MISCELLANEOUS
7.1 A_li documents prepared or furnished by ENGINEER (and ENGINEER's
independent professional associates and consultants) pursuant to this
Agreement are instruments of service and ENGINEER shall retain an ownership
and property interest therein. OWNER may make and retain copies for
information and reference; however, such documents are not imtended or
represented to be suitable for reuse by OWNER or others. Any reuse without
written verification or adaptation by ENGINEER for the specific purpose
intended will be at OWNER's sole risk and without liability or legal exposure
to ENGINEER, or to ENGINEER's independent professional associates or
consultants, and OWNER shall indemnify and hold harmless ENGINEER and
ENGINEER's independent professional associates and consultants from all
claims, damages, losses and expenses including attorneys' fees arising out of
or resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
7.2 The obligation to provide further services under this Agreement may be
terminated by either party upon thirty days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms
thereoi through no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services rendered and reimbursable
expenses incurred to the date of termination and, in addition, all
reimbursable expenses directly attributable to termination. OWNER may
terminate this agreement without cause upon 30 days prior written notice.
7.3.i OWNER and ENGINEER each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINEER (and
to the extent permitted by paragraph 7.3.2 the assigns of OWNER and ENGINEER)
are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said
assigns) of such other party, in respect of ali covenants, agreements and
obligations of this Agreement.
7.3.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights
under or interest in (including, but without limitation, moneys that may
become due or moneys that are due) this Agreement without the written consent
of the other, except to the extent that any assignment, subletting ~r transfer
is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically statea to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty
or responsibility under this Agreement. Nothing contained in this paragraph
shall prevent ENGINEER from employing such independent professional associates
and consultants as ENGINEER may deem appropriate to assist in the performance
of services hereunder.
7.4 Insurance.
7.4.1 ENGINEER shall procure and maintain insurance for protection from
claims under workers' compensation acts, claims for damages because of bodily
injury including personal injury, sickness or disease or death of any and all
employees or of any person other than such employees, and from claims or
damages because of injury to or destruction of property including loss of use
resulting therefrom.
-4-
3810m/405P/04ilg0
7.4.2 Also ENGINEER shall procure and maintain professional liability
· nsurance for protection from Claims arising out of performance of
professional services caused by a negligent error, omission or act for which
the insured is legally liable; such professional liability insurance will
provide for coverage in such amounts, with such deductible provisions and for
such period of time as set forth below, and certificates indicating that such
insurance is in effect will be delivered to OWNER: '~
A~ount:
Deductible:
Effective Through:_.
7.4.3 ENGINEER will also cause professional associates and consultants
retained by ENGINEER for the Project to procure and maintain comparable
professional liability insurance coverage.
7.5 Limitation of Design Professional's Liability
7.5.i Design professional shall procure and maintain insurance policies with
such coverages and in such amounts and for such period of time as required by
and set forth in paragraph 7.3.2 of this Agreement. OWNER hereby agrees that
to the fullest extent permitted by law design professional's total liability
to OWNER for any and ail injuries, claims, losses, expenses, or damages
whatsoever arising out of or in any way related to the project or this
Agreement from any cause or causes including but not limited to design
professional's negligence, errors, omissions, strict liability, breach of
contract or breach of warranty (hereafter "OWNER's Claims") shall not exceed
the total sum paid on behalf of or to design professional by design
professional's insurers in settlement or satisfaction of OWNER's claims under
the terms and conditions of the design professional's insurance policies
applicable thereto (excludlng fees, costs, and expenses of investigation,
claims adjustment, defense and appeal). If no such insurance coverage is
provided with respect to OWNER's claims, then design professional's total
liability to OWNER for any and all such uninsured OWNER's claims shall not
exceed $ .
7.5.2 The OWNER acknowledges that the ENGINEER is a corporation and agrees
that any claim made by the OWNER arising out of any act or omis{~on of any
director, officer, or employee of the ENGINEER in the execution or performance
of this Agreement, shall be made against the ENGINEER and not against such
director, officer, or employee.
7.6 Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER, and all
duties and responsibilities undertaken pursuant to this Agreement will be for
the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit
of any other party.
3810m/405P/0411M0
-5-
7.7 This Agreement (consisting of pages 1 to inclusive) together
with Exhibit SR-A constitute the entire Agreement between OWNER and ENGINEER
and supersede ail prior written or oral understandings. This Agreement and
said Exhibit SR-A may only be amended, supplemented, modified or cancelled by
a duly executed, written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this. Agreement
as of the day and year first above written.
OWNER ENGINEER
City oi Sebastian
Carroll R. Sanders~ PE
Vice-President
Address for Giving Notices:
Address for Giving Notices:
2312 Wilton Drive
Fpr.~ Lauderdale~ Florida 33305
3810m/405P/041190
-6-
EXHIBIT "SR-A"
SEBASTIAN MUNICIPALAIRPORT
COI~NITY COMPATIBLITYAND I~STER PLAN STUDY
FURTHER DESCRIPTION OF BASIC SERVICES, DUTIES OF OWNER,
METHOD OF PAYMENT AND RELATED MATTERS
This is an exhibit attached to and made a part of the Agreement
dated , 19 between City. of Sebastian
(OWNER) and ~iii~ms, H.atf-'i~'i'~ & Stoner., Inc. (ENGINEER)~ for -stud~'~:"~n~
report professional services.
1. The Basic Services of ENGINEER as described in Section 1 of said
Agreement are amended and supplemented as follows:
Schedule "A" Scope of Services - Sebastian Airport Community
Compatibility and Master Plan Study
2. The responsibility of OWNER as described in Section 3 of said
Agreement are amended and supplemented as follows:
None
3. The time period for the performance of ENGINEER's Basic Services is
as follows:
Schedule "C" Proposed Schedule
4. Terms used in describing the applicable method of payment for
services rendered and Reimbursable Expenses incurred by ENGINEER shall have
the meanings indicated below:
None
OWNER has established the following budget for the Assignment:
6. (Other)
Schedule "B" Organizational Chart
Schedule "D" Schedule of Fees
Schedule "E" Schedule of Hourly Rates and Other Charges
Schedule "F" Truth in Negotiation Certificate and No Contingent Fees
Schedule "G" FAA Contractor Contractual Requirements
Schedule "H" Public Entity Crimes
Schedule "I" Standstill Agreement
3810m/405P/041190
-7-
SCHEDULE "A"
SCOPE OF SERVICES
SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
STUDY DESIGN AND GRANT ASSISTANCE
A. Introduction
In view of the unique nature of this study, the study design phase Is
particularly important. The City and the FAA have agreed through the
standstill agreement that this study will focus on the future role
and use oi the airport and on balancing aviation needs with the
community's goals and needs. It is anticipated that effective public
participation and the development of an airport plan designed to
accommodate aviation needs while enhancing the airport's positive
contributions to and minimizing its negative impacts upon the
surrounding community will be key elements of the work effort.
This scope of services was developed with the input of the
administration and elected officials of the City of Sebastian, the
FAA, the aviation community and the local residents to satisfy the
conditions of the standstill agreement. ,~
B. Public Information and Participation
The City recognizes that public participation is an essential element
oi this study. Moreover, the standstill agreement mandates that the
study afford local citizens, airport users and the FAA ample
opportunity for input. The foundation of this study, therefore, will
be an on-going public information, education and participation
program beginning with the study design phase.
373im/405P/050390
-1-
Prior to preparation of this scope of services, a two day interview
session was held in which individual members of the Sebastian and
Roseland community and various organizations scheduled time with the
consultants to discuss what the study should include. The session
was advertised well in advance and those who were unable.to attend
were invited to submit their comments in writing.
The participants represented a cross-section of the community and
provided valuable insight into the situation from both the aviation
and non-aviation perspectives. This session provided a preliminary
identification of specific issues, interested/affected parties and
alternatives to be considered. As requested, most participants
supplied a written summary of their comments. Many also provided
reports and other useful background data.
Included in this scope of services is the development of a
comprehensive public information and participation program which will
be closely integrated into each major phase of the project. The
purpose of this program will be to facilitate public input and
enhance public understanding.
C. Scope, Schedule and Budget
A scope of services, organization chart, target schedule and budget
for the entire project will be prepared as follows:
1. Preparation of draft scope of services
2. Review of draft by City Manager, Assistant City Manager/Airport
Director and City Planner; revision as necessary
3. Pre-application conference with FAA
4. Revision of draft scope of services
5. Review of revised draft by City staff and counsel
6. City Council workshop--review of scope
3731m/405P/050390
-2 -
7. Preparation of draft contract including target schedule and
budget, organization chart and refined scope of services
8. Staff review of proposed contract and revisions as necessary
9. City Council hearing--consultant contract
Grant Application Assistance
Included in this task is assistance to the City as needed in
effecting the closing out of the former master plan study grant.
FAA study grant application preparation
City Council approval of grant application (simultaneous with
contract)
Submittal of grant application to FAA
Coordination with FAA and City through grant offer and acceptance
II. DATA COLLECTION
The consultant will collect available pertinent information regarding
existing community and aviation conditions, regulations, policies and
restrictions, trends and future plans, particularly for Sebastian and the
Roseland community. Whenever possible and acceptable, existing studies
and reports will be used as base data.
The major categories of information which may be collected are described
below:
A. ~erational Considerations
Airspace navigational obstructions, navigation aids,
communication and meteorological data will be collected.
aviation
3731m/4057/050390
-3-
B. Aviation Activity
Existing operations including fleet mix, based aircraft, flight
tracks, accidents, utilization of runways, the role of the airport in
the state and national system, national, state and regional forecasts
will be collected from available sources. The recent Apogee Research
activity survey will be a source of data concerning existing aircraft
and type activity levels. Interviews with FBO's, based aircraft
owners and flight training schools utilizing the airport will be
conducted to ascertain their reasons for using the airport and
identification of alternative runway use.
C. Airfield, Facilities and Infrastructure
The information provided in the previously prepared airport master
plani will be verified as necessary regarding the general condition
of existing runways, taxiways, aprons, hangars, navigational aids,
automobile parking, access pads.
D. Airport Finances
Historical and current records of the airport's revenues, operating,
maintenance and capital expenses will be obtained from the City.
On-Airport and VlcinitzLand Use
The information presented in the December 1988 Master Plan, the land
use maps for Sebastian and Indian River County, and approved or
proposed vicinity development and transportation plans will be
reviewed and supplemented by field visits as necessary to determine
existing land use patterns.
1
Sebastian Municipal Airport Master Plan, December 1988 prepared by Post,
Buckley, Schuh and Jernigan, Inc. and subsequently withdrawn from FAA
review by the City, hereinafter referred to as "December 1988 Master Plan".
3731m/405P/050390
-4-
F. Environment
Available noise contours and underlying assumptions for the a~rport,
aerials, comprehensive plans and other available sources will be
collected for use in identifying sensitive habitats and land uses in
potentially affected areas and potential noise.
G. Legal Framework
Pertinent local, regional, state and federal codes, charters,
ordinances, rules, regulations, restrictions, agreements, leases,
deeds, and guidelines, particularly those which can or do affect
aviation activity, use of airport property or airspace will be
collected for review by legal counsel.
The public information and participation program will be developed and
initiated before the end of this phase.
iii. DATA ANALYSIS
The data collected in Phase II will be organized, reviewed and analyzed
in conjunction with the public participation sessions. The analyses to
be performed will be limited to that necessary to determine needs and
feasibility parameters for alternatives being considered in the public
participation sessions. No in-depth or extensive analyses a~e included
in this phase. The maximum effort which could be provided is described
for each category below.
A. Operations and Forecasts
The forecasts of annual aircraft activity prepared for the "high"
scenario by Apogee Research will be used as a given and represented
in the Master Plan Report. The "high" scenario presents the most
conservative approach to planning the aviatlon-reiated requirements
3731m/405P/050390
-5-
for the airport. It should be noted that future improvements to the
airport are staged and implemented when activity levels are
relatively assured to occur, and not linked to specific years of a
forecast period.
These forecasts will be compared.to those presented by the FAA in its
Terminal Area Forecast~ and the FDOT in its Continuing Florida
Aviation System Planning Process and s~gntficant variances noted.
Operations and operational considerations will be analyzed based on
pertinent meteorological and aeronautical data, airspace constraints,
navigational obstructions and aviation communications. This will
include an update of the airport's wind rose based on information
collected by the National Climatic Center, U.S. Department of
Commerce, Asheville, N.C.; and the review of the magnetic declination
for runway markings based on actual survey data.
Quit claim deed parameters and legal constraints on airport property
use will be analyzed as pertinent.
B. Facilities and infrastructure
Current airport facilities, services and infrastructure, including
type, general condition and capacity will be analyzed as pertinent.
C. Noise
The existing annual noise contour map presented in the December 1988
Master Plan will be used. A representative single event noise
contour will be prepared for an appropriate aircraft using the FAA's
Integrated Noise Model (INM 3.9).
3731m/405P/050390
-6 -
A land use analysis of lands in the vicinity of the airport including
noise sensitive areas, avigation easements or other airspace
restrictions, status of proposed development, and characteristics of
develoPed and undeveloped areas affected by the airport will be
conducted as pertinent. ..
D. On-Airport Land Use
A demand-capacity analysis and determination of land needed for
aviation use will be conducted.
The base airport property map will be prepared from the December 1988
Master Plan with a graphic depiction of on-airport FB0 lease
boundaries, golf course boundaries, as well as any sensitive lands or
significant environmental resources, land needed for aviation use,
ground transportation and utility access.
E. Financial
The lease activities on the airport will be summarized.
A financial analysis of airport revenue sources, maintenance and
operational expenses, and financial solvency will be conducted.
IV. IDENTIFICATION AND EVALUATION OF ALTERNATIVES
,t
This phase is expected to be a key element in the public information and
participation program.
The primary alternatives anticipated for consideration in the public
sessions are:
Accommodation of "high" scenario forecast activity without facility
enhancement other than rehabilitative maintenance to existing
facilities
3731m/405P/050390
- 7 -
0
0
0
0
0
Re-opening and exclusive use of Runway 9-27
Restrictions on training flights at Sebastian Airport
Exclusive use of Runway 4-22
Use of air traffic control mechanisms
Relocation and extension of Runway 4-22 northeast," enforcing
displaced thresholds and purchasing clear zone from the St. Sebastian
P.U.D. with the utilization of Runway 13-31 as the crosswind runway
Use of current 13-31 and 4-22 runways with enforceable flight paths,
noise restrictions based on noise contours, hours of operations, and
restrictions on training flights. The restrictions component of this
alternative will take into consideration those imposed at other
similar general aviation airports as examples of means by which to
avoid infringement on federal laws, the covenants of the quit claim
deed and aviation safety.
Analysis by the consultant will be limited to modifications to the
existing airport and/or use of its airspace.
The evaluation of the alternatives will be effected through the public
participation sessions. The basis for the evaluation will be the
information developed in Phases II and III. Upon determination by the
public participation process of the preferred alternative, the following
analyses will be conducted on that alternative.
O
O
Annual air traffic forecasts for the 5, 10, and 20-year horizons.
20th year 65, 70, and 75 Ldn aircraft noise contours and a, lcomparison
with existing and planned land uses, respectively, to identify
potentially impacted areas.
Analysis of aviation airside and landside facility needs,
establishment costs, financing opportunities, operating expenses and
revenues to identify airport property needed for aviation uses and an
assessment of the appropriateness of revenue-generating non-aviation
uses for surplus airport property.
Compatibility with the state and national aviation system plans.
3731m/405P/050390
-8-
AIRPORT PLANS AND RECOMMENDATIONS
Recommendations will be made, based on the results of the analyses in the
preceding phase and FAA and public input. These recommendations will
'include:
A. Recommended AIrport Layo~
A set of airport layout plans conforming to FAA safety and design
standards will be prepared for the airport alternative recommended.
These plans will include:
Airport layout plan including the existing and ultimate airport
layout, location map, vicinity map, basic data table, wind
information, and on-airport land use
Airport airspace drawing
Runway protection zone drawing with runway profiles
Airport property map (Exhibit A) including boundaries, lessees,
and airport deed information. This property map will be based
on existing available data
Noise exposure maps: Annualized 20th year 65, 70, and 75 Ldn
contours on appropriate base land use maps.
Land Use Compatibil~j. Plan
The noise exposure maps prepared in Phase IV for the preferred
alternative will be used to establish a land use compatibility plan.
It is anticipated that during the earlier planning work, especially
in Phase IV, a balance between the a~rport mission and the objectives
of the community concerning land use will have been achieved as
reflected in the selected alternative. Therefore, this task will
describe land use compatibility actions which may be needed to afford
the required control. These may include the following:
373im/405P/050390
-9-
preparation of model airport zoning ordinances
review of building construction codes as they relate to noise
reduction
Additionally, actions required by the airport to maintain its
compatibility with existing and planned land uses and the intent of
the selected alternative will be identified. These may include:
o
o
o
noise abatement programs
publication of NOTAMS regarding operating restrictions
means to monitor and enforce noise abatement programs
C. Financial Plan
The selected alternative will be detailed as to its ~mplementation
schedule and costs. The schedule will be based on a reasonable
progression of project development and consider the availability of
Federal and/or State funding assistance. Emphasis will be placed on
the first five years of the schedule. Where appropriate, thresholds
for intermediate and long term airport improvements will be
provided. The recommended implementation program will be evaluated
both with and without federal financial assistance to assist the City
in prioritizing and scheduling future improvements. Establishment
costs will be consistent with the schedule and be presented in
current dollars.
Estimates of airport operating revenues and expenses consistent with
the intent of the selected alternative will be developed for the
20-year planning horizon. Revenues for airport land areas which may
be designated as surplus to long-term aviation needs as identified in
Phase IV will also be included in the analysis; however, this effort
should not be construed as an economic feasibility assessment of the
±and resource.
3731m/405P/050390
- 10 -
~I. DOCUMENTATION AND ADMINISTRATION
A. RePOr~ preparation and Review
Interim reports/working papers will be submitted during key~ phases of
the project. These will include after preliminary data collection
and analysis and during and after the identification and evaluation
of alternatives phase. A draft airport compatibility and master plan
report wiii be prepared at the completion of Phase V that presents
the major findings of the study and presents the plans and program
developed in the preceding phases.
The consultant will provide the City with a reproducible Original of
draft reports for reproduction, distribution and review.
Any revisions or refinements to the draft final master plan report
determined to be necessary as a result of the review will be made.
The consultant will then provide the City with a clean reproducible
copy of the final airport compatibility and master plan report for
reproduction and formal review by the City Council and approval of
its submittal to the FAA. The City w~ll be responsible for
submitting the plan to the FAA for review.
Upon FAA acceptance, the consultant will provide the City with a
clean reproducible copy of the final approved report along with three
print sets and one reproducible set of airport plans. ~
B. Meetings and Site Visits
Included in this scope as Basic Services are the following meetings
and visits to the Sebastian area. Additional trips would constitute
Additional Services under the terms of the consultant contract.
373im/405P/050390
- 11 -
Phase I
Phase II
Phase IV
Phase V
Phase VI
Public
Participation
FAA (Orlando)
City Staff
City Council
Site Visit
Site Visit
Public Sessions
Site Visits
Site Visits
Site Visit
City Council
Preliminary Input
Establish Program
Public Sessions
1 trip
2 trips
1 trip
1 trip
2 trips
3 trips
2 trips
1 trip
WHS
WHS
WHS, TCI
WHS
TCI
WHS, TCI
TCI
WHS
1 trip TCI
1 trip WHS
trip WHS
trip WHS
trips PB
trips PB
C. Organization
An organizational chart depicting primary areas of responsibility for
the study is attached as Schedule B.
A tentative schedule for completion of the study as outlined in this
scope of services is attached as Schedule C. Once the public
participation program has been developed and approved, it will be
added to the schedule.
3731m/405P/050390
- 12 -
CJ
CrJ
SCHEDULE "D"
Schedule of Fees
Sebastian Municipal Airport
Community Compatibility and Master Plan Study
Il.
Study Design and Grant Assistance
Includes 1 Trip to FAA (Pre-app.)
Data Collection
III.
IV.
Data Analysis
Identification and
Evaluation of Alternatives
(Includes 3 Public Participation
Sessions)
Airport Plans and Recommendations
Documentation and Administration
Includes: 4 Interim Reports
1 City Council Meeting
Public Participation Program
Initial 2-day Session and
Follow-up
Develop Program
6 Sessions and Preparation
General Press/Public Coordination
Reimbursable Expenses
WHS TCI
$171750
$6,200 $ 81360
$5~600
$18,880
~ $24,080
$18,210 $3~280
$10,080
6,520
2,300
1,260
$51000
$8,300
Other
**
$31,070
7,960
23,510
$8so
Total
$14,560
$46,760
$21,490
$41,150
6,520
10,260
23,110
1,260
$14~150
*Harris, Miller, Miller and Hanson (HMMH)
**Dr. Patricia Bidol-Padva
3803m/405P/050390
SCHEDULE "D"
Page i of 1
SCHEDULE "E"
SEBASTIAN MUNICIPAL AIRPORT
COHHUNITY COMPATIBILITY AND MASTER PLAN STUDY
SCHEDULE OF HOURLY RATESAND OTHER CHARGES
(To be revised annually based on changes in Consumer Price Index, Ail Urban
Consumers)
A. HO URLYRATES FOR PERSONNEL
PROFESSIONALS
Engineers (ET, Land Surveyors (L), Planners (P), CPA (C)
a. Grade 1 = 42.00/Hr.
b. Grade 2 = 47.00/Hr.
c. Grade 3 ~ 51.50/Hr.
d. Grade 4 ~ 60.50/Hr.
e. Grade 5 ~ 70.50/Hr.
f. Grade 6 ~ 80.00/Hr.
g. Grade 7 - 91.50/Hr.
h. Grade 8 - 109.00/Hr.
i. Grade 9 ~ 129.§0/Hr.
ENGINEERING TECHNICIANS
a. Grade 1 ~ 35.00/Hr.
b. Grade 2 ~ 42.00/Hr.
c. Grade 3 = 47.00/Hr.
d. Grade 4 ~ 51.50/Hr.
e. Grade 5 ~ 60.50/Hr.
DRAFTSMEN
a. Grade 1 ~ 27.50/Hr.
b. Grade 2 = 36.50/Hr.
c. Grade 3 ~ 44.50/Hr.
d. Grade 4 ~ ~0.00/Hr.
4. RESIDENT PROJECT REPRESENTATIVES
a. Grade 1 ~ 34.00/Hr.
b. Grade 2 = 42.00/Hr.
c. Grade 3 ~ 48.00/Hr.
d. Grade 4 ~ 59.00/Hr.
e. Grade 5 ~ 67.00/Hr.
FIELD SURVEY PARTIES
a. 2-Man Party = 65.00/Hr.
b. 3-Man Party ~ 80.00/Hr.
c. 4-Man Party = 97.00/Hr.
3809m/405P/041190
SCHEDULE "E"
Page I of 3
SCHEDULE OF HOURLY RATES AND OTHER CHARGES
6. WORD PROCESSING/COMPUTER PROGRAMMING
a. Word Processing Operator - Grade 1
b. Word Processing Operator - Grade 2
- 27.50/Hr.
35.00/Hr.
OTHER CHARGES
i. EXPERT WITNESS SERVICES
a. Pre-Trial Conferences
b. Courtroom Testimony including
"On-Call" Time at Courtroom
TRAVEL OUTSIDE BROWARD OR PALM BEACH COUNTIES
a. Consulting Fee
b. Transportation, Lodging & Subsistence
REPRODUCTIONS
a. Blue Lin-'--~and Sepia Prints (In-House)
b. Mylar Reproducibles (In-House)
c. Vacuum Printer (Any Material)
d. Photostats, Outside Printing,
Maps & Documents
e. Xerox (Standard) Copies
f. Xerox (2080 Copier) Prints
(i) White Bond Paper
(2) Vellum
*Based on 2 Foot Width Times Length of
Stock Used
RECORDING AND PERMIT FEES
SERVICES OF OUTSIDE CONSULTANTS
~Electrical/~echani~ai Engineering, Environmental
Consultants, Engineering Testing Laboratories,
Photogrammetry, Title and Abstracting Services
and Other Outside Consulting Services)
SPECIAL FIELD SUPPLIES
ELECTRONIC SURVEY EQUIPMENT
a. Modular Survey System (Total Station)
Standard Hourly
Rates (Page 1 of 2)
$ 200.O0/Hr. ($ 600.00
Min. Chg./Day for
Courtroom Appearances)
Standard Hourly
Rates (Page 1 of 2)
At Cost
= $ 0.20/sq. Pt.
- $ ~.oo/sq. Ft.
= $ 2.00/Sq. Ft.
= At Cost
= $ 0.10/Sheet
- $ 1.O0/Sq. Ft.*
= $ 1.O0/Sq. Ft.*
- At Cost
= At Cos~
~ At Cost
- $30.00/Hr.
3809m/405P/041190
SCHEDULE "E"
Page 2 of 3
~.OMPUTERAIDED DESIGN/DRAFTING (CADD)
a. Computer Design Systems = ~10.O0/Hr.**
b. Computer Drafting Systems = $20.00/Hr.**
** Per hour of actual computer use. Charge
includes in-house software library necessary
for system operation but does not include
operator.
9. DELIVERY AND COU1LIER SERVICES
= At Cost
Rates effective December 26, 1989. Next rate scheduled revision December 24, 1990.
Schedule of Hourly Rates
Thompson Consultants International
Position Rate
Senior Planner
Planner
Word Processor
$i25/hour
65/hour
3§/hour
Patricia Bidol-Pavda, Ph.D.
Position
Principal
Rate
$105/hour
,t
3809m/405P/041190
SCHEDULE "E"
Page 3 of 3
SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
TRUTH IN NEGOTIATION CERTIFICATE
This is to certify that the wage rates and other factual unit costs supporting
the compensation of this Agreement are accurate, complete, and current at the
time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude any significant sums by which the OWNER
determines the contract price was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs. All such contract
adjustments shall be made within one (1) year following the end of this
Agreement.
NO CONTINGENT FEES
ENGINEER warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for ENGINEER to solicit or
secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee
working solely for ENGINEER any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, OWNER shall have
the right to terminate the Agreement without liability at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of such
fee, commission, percentage, gift or consideration.
Williams, Hatfield & Stoner, Inc.
Carroll R. Sanders
Vice President
3808m/405P/041190
SCHEDULE "F"
Page 1 of 1
SCHEDULE "G"
SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
APPENDIX 1--CONTRACTOR CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
Dum$ the performance of LI~ cofltr~:t, the contractor, for IIMIf', iu mi~nees &ud succmors iA inferrer
ChereL, tU'ter referred to u the "contractor") 8lrees u Follows:
1. Compliance -1th' Rq~Jadon~ 'rise contr~tor sA, II comply Wi~ the Rei~hrio~ relaUve to nonclis.
cr'Lm~nfion in federiJly l,UisLed prolttm.t Of the D~enl Of. Tre. rupomtion (herem/'ter, 'DOT") Title
49, Code of Feder~J Refulatiot~, P~rt 2.1, -. they m~y be &mended from time to time, ~ereiniJ'ter referred
to. the R, el~Lht~oru), which &re herein Lacorporfitod by ref.ere~.e ,md mode · piti of. tJM coutr~t,
2. Nondlscflmlssffou. The conu'~,:tor, with reltrd to dsc work performed by it d~Lrinl the
th&U uot discrim.in.te on the rrouncLs of. ruce. color, or ,~rlonzl Oril~a La the s~lecfion &nd retention of' sub.
con~-scto~ includinl ptoc~eme.ts of' m,teriaJs &nd le. ises of' eq~pment. The conu'~-tot ~ cot p&r~ci.
pate either directly or indirectly m the discrimu~don prohibited by ~ct. ion 21. S of' the Rej~Js~iotu, includ.
inS employment prscfices whea d~e coutract covers a prolr~n .t f'orth La Appendix B of. t.be Reiuil~ion.q,
3, SoUcltado. tot 5ukoett~ctl, locludlaI Proc~emeaU et Matedab sad F. qulpment. ~a ~ ~oli~ita.
,oas either by competitive biclclinIot ,ClOtiztio. made by the coeu'tctor for wotl, to be Performed under
subcontract, includinl procu~emenu of' matedz/~ ot le~.s of' equipment, etch potendd subcontractor or
supplier sl~il be uotifled by the contrnctor of' the concr~ctor'~ oblilttlotu under this coutrtct .-d ~e
latiotu relAtiv~ to nondi~cd, m/nztion on the ~to~cls of. re~e, color, Or ~.cio,,-I
· . l~oem-tloe ~1 RAim~t~ The contractor d~ll provide .11 L,~/'ormatlo~ ~d rel~OrtS ~ClUired by
Relul~tio~ or directly. Luued pursu&nt thereto nad shaJl ix"trait ~ceu m iu book.t, records, .,-counts.
other sources of' informntiort, And its f'~cilities u may be determined by the sportsor or the Federtl Av~Uon
AdrrunistrAtion ('FAA) to be pertinent to ucem compliance with iuch Reluladons, orders, ~d instruc.
t~o~. Where &ny information required of A contractor b ~ the esclusive poue~ion of' ¬her who f~Lls
refu~e~ to f'umish th~ inf'ormation, the contrt4:tor sbaJI K~ certif'y to the spotuor or t~e FAA. u
,nd sl~J ~et forth wba~ etToru it I~u made to obt&La the inf.orm~tion.
I. $~mu foe Noeeoelpll~,ee. la dsc event of' the coett'~ctofl aoacompli&nce with the eoedbcnm.
bution proviiions of' ~ coMtt~'t, the ,pon.tot ~ imlx:~e such coatrlct unceon~ u it or the FAA may
detetmLae to Ix Appropri,ue, tacludinI, but eot LimJted
(e wttbhoidinI of' peymenU to the eoau'&ctor uadet ~e coatrtct tmti] the coettzctot complies,
G) eaacdJattoa, m'mL~tioa, or ~talXaSioa of' ~be coatmct, ia whole or in put
~. lzeorperttlee ef Pr~bJ~ The coeur tl~JI incl~e the prov~iotu of' p&rtl~Aplu I tbroulh
in e'velT I~lx;ontre~t, iacludi.I proct~remeats of' ~JterLi~ ~nd lelsel of' equ.ipmet~L unJeu exempt by the
R. el't,~ltJOml or diJ'ectivel islued punuazlt thereto, The c~mul=~r ~ t~e :ueb &ctiou with rupect to ,ny
~ubcootn~ or procu, rement ~ the spotuor or the FAA may cl~tec~ u I meta~ of' ea]'orc~l su~b provisions
LacJudLqI ~ctJotu f'ot aoncompti&ece. Ptovlded, however, that Lq the eveot i coatrlctor becomes involved
ia. otb tbruteaed with, UtilAdot~ With A subcoetrtctor or lupplier u I tesuJt o1' ~h directJo~ the contr~.
mr may reqtze~t the ipo~uor to enter into such Litil~tioe to protect t~e iateresu of' the spo~uor &nd, in ~dch.
tiou~ Lbe eonmtor may requm the Ua~ted Sales to cuter Jato such Ufi&atiou to protect ~e iateresu of' the
United
SCHEDULE "G" 1
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AC I$0/SI00-14B
' Apl:)endlz 1
11/21/1!
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
I. FoUc. j'. It Ls the policy or the Depe..'tmeat of Trtz~portzrioa ('DOT) that mLnor'ity bu.sLaei.$ enter.
prises u defined Lq 49 CFR Put 23 sh~ll b~ve the tsz.t, bnum opportunity to pm"ticipate Ln I. he performznce
of' conu"*,=ts t~.uce¢l i~ whole or La part with Federal funcl,s uJ~lC: thi.t agr~meat. Cousequendy, the
requireme~u o( 49 CFR. Put Z3 apply to ~ m~r~eat. ,.
L ~BI~ ObIi~IiC~OL '1~e ~aU'll~t~r S~'l'm m e~kl.l~ I~l atLnority b~m eaterpr'Ls~ u detined
49 CFR, Put 23 beys Lhe m~timu,,n opportu~t7 t:) pa.re:leapers in the performance Of conU"b:ts and su~os.
Lre,'tS f'l. nanced La whole or [n put with-Federaj I'unds provided u-der t~ a~eeme'nt, la :his relLrd,
contractors sh,,ll Like iii eecessu'y Lad reasonable scel~ i,n ~corc~ce with 49 CFR, Put 2.1 to ensure
minomy bu.s~es.s ente~rises have the m~u~u.m opporruGiry to compete I'or and perform contracts. Con-
tracto~ shaJ.I not di~ct-izaAnate,on the bui~ of raea, color, &,,io~.~l on~.m, or se~ i~ the ewud ~d
~Ce of DOT-~ted conU'~u.
AUDIT REQUIREMENT
1. The O~ner, the Federal Avia:ion Admin£s:ration, the Comp:roller
General of the United States, or any of the duly authorized represen~a:ives
shall have access to any books, documencs, papers, and records of consulcan:s
which are directly pertinent ~o a specific gran~ program, for the purpose
of making audits, examinations, excerpts, and transcripLions, The En$ineer
shall maintain ali required records for five years after the O~rner makes
final paymen~ and all other pending ma~cers are closed.
SCHEDULE "G"
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SCHEDULE "H"
SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
SWORN STATEMENT UNDER SECTION 287,133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
(To be signed in the presence of
a notary public or other officer
authorized to administer oaths,)
STATE OF
COUNTY OF
Before me, the undersigned authority, personally
appeared , who, being by me first duly
sworn, ma~e the folio[ring s{atement~
1. The business address of
[name of bidder or contractor] is
2. My relationship to
[name of bidder or~°ntrac~or] :
is ~ [relationship such as sole
proprtetor, partner, president, vice president].
3. I understand that a public entity crime as defined
in Section 257.133 of the Florida Statutes includes a violation
of any state or federal law by a person with respect to and
directly related to the transaction of business with any public
entity in Florida or with an agency or political subdivision of
any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be
provided to any public entity or such an agency or poli-.!ca!
subdivision and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material
misrepresentation.
4. I understand that "convicted" or "conviction'~ is
defined by the statute to mean a finding of guilt or a
conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges'brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury
trial, or entry of a plea of guilty or nolo contenders,
SCHEDULE "H"
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5o ! understand that "affiliate" is deffned by the
statute to mean (1) a predecessor or successor of a person or a
t
corporation convict, sd of a public en~b~ c~me, o~ (2) an
enb~ unde~ ~he'con~ro~ o~ an7 na~u~a~ person ~ho ~s ac~ve ~n
bhe management o~ bhe enb~b~ and ~ho has been convicted o~ a
public en~ c~me, o~ (3) bhose o~ce~s, d~rec~o~s,
ixec~vli~ partners, shareholders, employees, ~mbers, and
agents who are active in the management o~ an a~l~ate, or
(4) ' a person or corporation who knowingly entered into a join~
venture with ape. rson who has been cqnvicted o~ a public entity
crime in Florida during the preceding 36 mon~h~,
6. Neither the bidder or contractor nor any officer,
director, executive, partner, shareholder, employee, member or
agent who is active in the management of the bidder or
contractor nor any affiliate of the bidder or contractor has
been convicted of a public entity crime subsequent to July 1,
1989.
[Draw a line through paragraph 6 if pa~..egraph ? below
applies,]
?. There has been a conviction of a public entity
crime by the bidder or contractor, or an officer, director,
executive, partner, shareholder, employee, member or agent of
the bidder or contractor who is active in the management of She
bidder or contractor or an affiliate of the bidder or
contractor, A determination 'has been made pursuant to Section
287,133(3) Dy order o! the Division o! Administrative Hearings
that it is no~ ~n ~he public in~eres~ ~or ~he name o~ ~he
convicted person or a~ll~a~e ~o appear on ~he convicted vendor
l~s~', The name o~ ~he convicted person or a~[~l~a~e
is . A copy o~
the ~6~'~er o~"~he Di~isi°~ of Administrative Hearings is
attached to this statement.
[Oraw a line. through paragraph ? if paragraph 6 a~ove
appl£es .]
Sworn to and subscribed before me in the state and county ~irst
mentioned above on the ----... day of , 19 .
(affix seal)
My commission exp£re$
7068
SCHEDULE "H"
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SCHEDULE "I"
--' SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
June 8, 1989
AGREEMENT IN PRINCIPLE
BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND
THE FEDERAL AVIATION ADMINISTRATION
1) Following approval on first reading, the Sebastian City
Council will postpone final passage and enactment of the
ordinances implementing the March 1989 amendments to the city
charter,, including those ordinances imposing a noise rule and
user fees a= the Sebastian Municipal Airport. The FAA, in turn,
will refrain during such postponement from commencing, supporting
or encouraging any legal action against the City of Sebastian in
connection with the ordinances, charter amendments or related
airport matters.
2) The FAA will entertain a grant application for a planning
study funded under tl%e FAA Airport Improvement Program, that
authorizes 90% funding for planning studies, subject ~o a
reduction of $27,908 of allowable costs paid under a previous FAA
Master Planning grant. No further payment will be made on
outstanding Master Planning Gran~ No. 01-86. The proposed study,
when completed, will serve as a foundation for negotiations
between the City of Sebastian and the FAA, with input from other
interested parties, aimed at determining the future role of the
Sebastian Municipal Airport. The planning grant study will focus
on the collection of data relating to present and future activity
levels, regional economic projections, demographic patterns and
environmental and community considerations on the basis of which
an appropriate role for the airport can bo determined.
3) The sponsor of the study will be the City of Sebastian,
operating through its chief administrative officer, th~ City
Manager,
4) The city of Sebastian will retain, through selection
procedures conforming to applicable local and FAA requirements,
highly qualified, recognized consultants for the enginoering and
design, noise and other components of the analysis. The FAA
reserves the right to reject such selection for cause.
5) The FAA will make a good faith effort ~o provide adequate
funding for the needed planning study using available FY 89 or FY
90 funds, and will support a study that can be completed within
one year from date of grant. TI%e total federal share of the
costs of the study will be based on a review and approval by the
FAA of a proposed work scope, but in no event will exceed
$200,000, subject to the reduction re£erred to in paragraph 2
above. The City of Sebastian will submit such proposed study
work scope within 60 days.
SCHEDULE "i"
Page I of 3
6) The goal of the stud7 will be to generate recommendations on
the future role of the airport and how the airport should be
modified or improved in order to fulfill that role in a manner
compatible with a) the City's overall community planning
objectives, b) federal statutory objectives and responsibilities
to adequately meet the needs of civil aviation, and c) the terms
of the surplus property conveyance by Qhioh the City acquired the
airport. An essential premise of the study will be that the
airport's role and use must be consistent with the overall goals
and needs of the City of Sebastian in a proper balance with such
appropriate federal objectives. Rather than fitting the City of
SeDastian to the Sebastian Municipal Airport or vice versa, the
study will attempt to identify ways to fit the two together.
7) The scope of work will include an operations murvey and
forecast, a noise study and analysis, an environmental analysis,
an economic analysis and forecast, and an engineering and design
analysis.
8) The study will provide for significant opportunity for input
from the FAA, the airport users, the citizens of the City of
Sebastian, and the citizens of the neighboring community of
Roseland. .
9) If at any point during the study, comment and post-study
negotiation period the Council were to enact ordinances
implementing the March 1989 amendments to the city charter, as a
result of the order of a court in an action against and defended
by the City, the FAA would be free to take any legal action it
deems appropriate, and to stop further funding of any not
completed portion of the study. The FAA would provide the normal
progress payments authorized under the terms of an FAA planning
grant for work completed at tl~e time of any such court order, and
the City of Sebastian would promptly make available to the FAA
all work product performed under the planning grant available at
the time of any court order.
10) If t~e Council were to unilaterally take any action to
terminate the study or to enac= such implementing ordinances
prior to completion of the study and in the absence of a court
order, requiring such action, or were to seek issuance of such a
court order all grant progress payments will be returned to the
FAA and the grant voided. The FAA also'reserves the right to
terminate the study if in the opinion of the FAA, adequate
progress is not being made or federal objectives are not being
sufficiently considered. In the latter event, progress payments
would be authorized to the date of termination.
11) The City of Sebastian agrees that FAA funding of a planning
s~udy is being undertaken in the spirit of supporting a planning
effort intended to result in at least an objective analysis of
demand for aviation services at the Sebastian Airport and a
SCHEDULE "I"
Page 2 of 3
compreh~nsive plan for satisfying that demand while considering
legitimate community interests, and local, state and federal
aviation interests.
12) During the study period, the. City of Sebastian will not
remove any airport lighting, will remedy any unsafe conditions at
the airport, and will operate the airport in accordance with the
conveyance agreement, and generally will not take any action that
will al:mr ~he character of the airport.
SCHEDULE "I"
Page 3 of 3