HomeMy WebLinkAboutR-90-21RESOLUTION NO. R-90-21
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT WITH
WILLIAMS, HATFIELD & STONER, INC. PERTAINING TO THE
PREPARATION OF A COMMUNITY COMPATIBILITY AND MASTER
PLAN STUDY FOR THE SEBASTIAN MUNICIPAL AIRPORT, AND
SUCH OTHER DOCUMENTS NECESSARY TO EFFECTUATE AND
CONSUMMATE THE AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian owns and operates the
Sebastian Municipal Airport; and
WHEREAS, Williams, Hatfield & Stoner, Inc. have submitted a
proposal for the preparation of a Community Compatibility and
Master Plan Study for the Sebastian Municipal Airport; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Agreement and the exhibits attached
thereto and engaging in deliberations has determined that it
would be in the best interest of the City of Sebastian and its
citizens, and in furtherance of a valid municipal purpose, for
the City of Sebastian to enter into the proposed Agreement with
Williams, Hatfield & Stoner, Inc. for the preparation of a
Community Compatibility and Master Plan Study for the Sebastian
Municipal Airport and to sign such other documents necessary to
effectuate and consummate the transactions contemplated in the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed Agreement
between the City of Sebastian and Williams, Hatfield & Stoner,
Inc. (the "Agreement") which provides for the engagement of
Williams, Hatfield & Stoner, Inc. for the preparation of a
Community Compatibility and Master Plan Study for the Sebastian
Municipal Airport and to sign such other documents necessary to
effectuate and consummate the transactions contemplated in the
Agreement.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
2
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing
Councilman .... ~__'~j~
seconded by Councilman '--~C~:~
being put to a vote· the vote was as follows:
Resolution was moved for adoption by
The motion was
and, upon
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
1990.
, !
q~. ~. Conches, MayOr
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
AGREEMENT
between
CITY OF S~.BASTIAN, FLORIDA
and
WILLIAMS, HATFI~.LD & 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, Hatfieid and Stoner, Inc.
, 19
(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 Services related to the
Assignment will be performed by ENGINEER 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 ~NGINEER:
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 studies, 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 entitled to use and rely upon all such
information and services provided by OWNER or others in performing ENGINEER's
servlces under this Agreement;
3810m/405P/041190
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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 is 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 all 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 ~233,520.00.
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/051790
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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
Serv~_ces 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 wJ~thtn thirty days after receipt of ENGINEER's statement, ENGINEER
may, after giving seven days' written notice to OWNER, suspend services under
this Agreement until ENGINEER has been paid in full all 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/051790
SECTION 7 - MISCELLANEOUS
7.i Ail 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 intended or
represented to be suitable for reuse by OWNEK or others. Any reuse without
written verification or adaptation by ENGINEER for the specific purpose
intended wiii 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
thereof 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, ali
reimbursable expenses directly attributable to termination. OWNER may
terminate this agreement without cause upon 30 days prior written notice.
7.3.1 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 otaer 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 or transfer
is mandated by law or the effect of this limitation may be restricted by law.
Unless specifically stated 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/04i190
7.4.2 Also ENGINEER shall procure and maintain professional liability
Insurance for protection from claims arising out of performance of
professional services caused by a negligent error, omission or act for which
the ~nsured is legally liable; such professional liability insurance will
provide for .coverage ~n such amounts, with such deductible provisions and for
such period of time as set forth below, and certificates indicating that such
insurance Ks in effect will be delivered to OWNER:
Amount: $1,000,000.00
Deductible: $75,000.00
Effective Through: September 16, 1990
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. 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.
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 / 0517 90
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7.7 This Agreement (consisting of pages 1 to 6 inclusive) together with
Exhibit SR-A constitute the entire Agreement between OWNER and ENGINEER and
supersede all 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.
7.8 Florida law shall govern the interpretation, administration and
construction of this agreement and venue for this enforcement shall be Brevard
County, Florida.
iN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the day and year first above written.
OWNER
W.E. Cqny,e ayor
City of Sebastian
Carroll R. Sanders, PE
Vice-President
Address for Giving Notices:
P.O. Box 780127
Sebastian, FL 32978
Address for Giving Notices:
2312 Wilton Drive
Fort Lauderdale, Florida 33305
3810m/405P/051790
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EXH I BIT "SR-A"
SEBASTIAN MUNICIPAL A~RPORT
COMMUNITY COMPATIBLITY AND MASTER PLAN STUDY
FURTHER DESCRIPTION OF BASIC SERVICES, DUTIES OF OW~R,
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
(OWNERj and Wtll~.a~.s.~ Hatfield & Stoner, Inc. (ENGINEER~ for study and
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:
3233,520.00
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/051790
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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 of 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. P~.lic Inform~.~ion and Participation
The City recognizes that public participation is an essential element
of 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.
3731m/405P/050390
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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:
4.
5.
6.
Preparation of draft scope of services
Review of draft by City Manager, Assistant City Manager/Airport
Director and City Planner; revision as necessary
Pre-application conference with FAA
Revision of draft scope of services
Review of revised draft by City staff and counsel
City Council workshop--review of scope
3731m/405P/050390
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7. Preparation of draft contract including target schedule and
budget, organization chart and refined scope of services
Staff review of proposed contract and revisions as necessary
City Council hearing--consultant contract
D. 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. DA~A COLLECTION
The consultant will collect available ~ertinent 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 wiii be used as base data.
The major categories of information which may be collected are described
below:
A. Operational Considerations
Airspace navigational obstructions, navigation aids,
communication and meteorological data will be collected.
aviation
3731m/405P/050390
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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
plan1 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.
E. On-Airport and Vicinity Land Use
..
The information presented in the December 1988 Master Plan, the land
use maps for Sebastian and Indian Rtver 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. The airport property will be surveyed
and monumented, a legal description prepared, so an opinion of title
can be obtained certifying property boundaries and ownership.
Sebastian Munfct~al Airport Master Plan, December 1988 prepared by Post,
Buckley, Schuh and Jernigan, Inc. and subsequently withdrawn from F~
review by the City, hereinafter referred to as "December 1988 Master Plan".
3731m/405P/051790
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F. Environment
Available noise contours and underlying assumptions for the airport,
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 are 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 aviation-related requirements
3731m/405P/050390
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for the airport. It should be noted that future ~mprovements 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 significant 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 ~n the December 1988
Master Plan will be used. A representative single event noise
contour wi£1 be prepared for an appropriate aircraft using the FAA's
Integrated Noise Model (INM 3.9).
3731m/405P/050390
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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 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.
g. Financial
The lease activities on the airport will be summarized.
A f~nancial analysis of airport revenue sources, maintenance and
operational expenses, and financial solvency will be conducted.
IV. IDENTIFICATION AND EVALUATION OF ALTERNATIVES
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 "h~gh" scenario forecast activity without facility
enhancement other than rehabilitative maintenance to existing
facilities
3731m/405P/051790
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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 Annual air traffic forecasts for the 5, 10, and 20-year horizons.
o 20th year 65, 70, and 75 Ldn aircraft noise contours .and a comparison
with existing and planned land uses, respectively, to identify
potentially impacted areas.
o 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.
o Compatibility with the state and national aviation system plans.
373im/405P/050390
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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 ~ayou~
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~ ~Compatibt~lit~ 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 airport 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:
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O
O
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:
noise abatement programs
publication of NOTAMS regarding operating restrictions
means to monitor and enforce noise abatement programs
C. Financial Plan
The selected alternative wlli be detailed as to its implementation
schedule and costs. The schedule wiii 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
land resource.
3731m/405P/050390
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VI. DOCUMENTATION AND ADMINISTRATION
A. Report 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 will 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 wtll provide the City with 25 copies of draft reports
for 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 ten copies of the
final airport compatibility and master plan report for formal review
by the City Council and approval of its submittal to the FAA. The
City will be responsible for submitting the plan to the FAA for
review.
Upon FAA acceptance, the consultant will provide the City with 50
copies 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.
3731m/405P/051790
- 11 -
Phase I
Phase II
Phase IV
Phase V
Phase VI
Public
Participation
FAA (Orlando) 1 trip WHS
City Staff 2 trips WHS
City Council 1 trip WHS, TCI
Site Visit 1 trip WHS
Site Visit 2 trips TCI
Public Sessions 3 trips WHS, TCI
Site Visits 2 trips TCI
Site Visits 1 trip WHS
Site Visit 1 trip TCI
City Council 1 trip WHS
Preliminary Input 1 trip WHS
Establish Program 1 trip WHS
2 trips PB
Public Sessions 6 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 -
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SCHEDULE "D"
Schedule of Fees
Sebastian Mtmicipal Airport
Community Compatibility and Master Plan Study
II.
Study Design and Grant Asststanee
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 Other
517,7§0 54,000 -
513,700 5 8,360 -
55,600 511,420 ~1,000
518,880 522,460 ~
$22,680 524,080
518,210 53,280
6,520
2,300
1,260
~8,800
300
531,070
7,960
23,110
Total
521,750
522,060
518,020
544~340
546,760
521,490
6,520
10,260
23,110
1,260
517,950
*Harris, Miller, Miller ~nd Hanson
**Dr. Patrtcta Bidol-Padva
3803m/405P/051790
Page 1 of 1
SCHEDULE "E"
SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
SCHEDULE OF HOURLY RATES AND OTHEK CHARGES
(To be revised annually based on changes in Consumer Price Index, Ail Urban
Consumers)
A. HOURLY RATES FOR PERSONNEL
PROFESSIONALS
Engineers (E), 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 = 129.50/Hr,
me
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 " 50.00/Hr.
_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 Line 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
(Eiectrical/Mechani6al Eng~ne'~ing, Environmental
Consultants, Engineering Testing Laboratories,
Photogrammetry, Title and Abstracting Services
and Other Outside Consulting Services)
6. SPECIAL FIELD SUPPLIES
7.
ELECTRONIC SURVEY EQUIPMENT
a. Modular Survey System (Total Station)
Standard Hourly
Rates (Page 1 of 2)
$ 200.00/Hr. ($ 600.00
Min. Chg./Day for
Courtroom Appearances)
Standard Hourly
Rates (Page 1 of 2)
At Cost
= $ 0.20/Sq. Ft.
= $ l.OO/Sq. ~t.
= $ 2.oo/sq. Ft.
- At Cost
= $ 0.10/Sheet
= $ 1.00/Sq. Ft.*
- $ 1.00/Sq. Ft.*
= At Cost
= ~t Cost
= At Cost
= $30.O0/Hr.
3809m/405P/04ilg0
SCHEDULE "E"
Page 2 of 3
COMPUTER AIDED DESIGN/DRAFTING (CADD)
a. Computer Design Systems ~ $10.00/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 COURIER 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
$125/hour
65/hour
35/hOur
Patricia Bidoi-Pavda, Ph.D.
Position
Principal
Rate
$105/hour
3809m/405P/041190
SCHEDULE "E"
Page 3 of 3
SCHEDULE "F"
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, Hatfteld & Stoner, Inc.
- ~ar~°l~ R~. ,~nde~ --
Vice President
3808m/405P/041190
SCHEDULE "F"
Page 1 of 1
-- ,. . Appincllx I
SCHEDULE "G"
SEBASTIAN MUNICIPAL AIRPORT
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
APPENDIX 1--CONTRACTOR CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
Dur~I the IXffor~lhc~ or t~ cont~t, the coa~Kto~, rot imlr, iu ~m ~d ~ucc~m ~ ~er~t
~ere~ter refe~ to u ~e 'conwKtor") i1~ u rollo~:
I. Complete ~ R~de~ ~e cont~tor thai comply ~ ~e ~el~hOu re~uve to nondis.
c~l~on M ~ede~ly ~ pro~ or ~e ~e~t of T~tion ~erem~er. '~') Title
49, C~e o~ F~er~ ~el~l~o~ P~ ~, u ~e~ ~ ~ ~d~ from ~me ~o ~e, ~ere~te~
2. Non~~dom. ~e con,toT, ~ rel~ ~ ~i work ~ffo~ by it d~l
s~ oot d~n~&te on ~e Fo~ o~ ~L color, or u~o~ oH~ ~ ~e ~l~oa ud rete~tioa
con~Kto~ ~clud~I pr~emeau o~ m4(e~s ~d Iw ot ~pm~L ~e ~n~tor ~ aot p~c~.
pIte ~thet d~Kfl~ or ~dir~tly W ~e d~tioa pro~bit~ b~ ~oa 2I,S o~ ~e ~el~ibo~ ~clud-
WI emplo~nt prK~c~ whea ~e coa~Kt ~ve~ i prol~ ~t ~o~ ~ Ap~d~ B o~ ~e
Uont ~ther by com~tifive bidd~l or neio~tion ~e by ~e con--tot (or work to ~ ~ffo~
~o~ relieve [o nond~don on ~e ~ o~ ~e. color, or ~o~ o~
4. l~ot ~ Re~ ~e cont~toT ~l p~de ~ ~o~fioa ~d r~ ~
Relulitio~ or d~Kdvfl ~u~ purist ~ereto ~d s~l ~it Kcm m iu ~ r.or~ Kcoun~,
other ~urc~ o~ ~o~t~n, ind i~ ~Ki]iti~ u my ~ dete~ by ~e s~r or ~e F~e~ A~tion
~d~mstrt~on ~AA) to ~ ~t to ~e~ compl~ge ~ ,uch ~elul~dons, orden, ~d ~t~c-
~o~. Where ~y ~o~tion r~u~ of i conuicmr b ~ ~e ezcl~ve ~ion o~ ~other who ~s or
re~ to ~u~ish ~ info~do~ the con--tot s~l m ce~y to ~e s~r or ~e F~ u
S. S~ou fff N~pllufl. la ~ ~--t o(~, con~to~l ~ompli~ce with ~e
~don pm~o~ o~ ~ contri~ ~e ~r ~ ~ s~h ~Kt ~c~o~ u it or
dete~e to h Ipprop~,, ~lgd~l, but ~t bt~ ~ '
fit) cincttlatk)n, ttrminatioa, or suspension of' *he coatrKt, in whole or tn part.
i. benCl~rttfoe of l"~q, blott. The cont.,'K~r dull tnclud~ the provbions of plZll'rlplxl I tAfoulh
tn every tul)eentrlef, ix~cludi~l procu, remenu of mtertlb and im of equtpm~tnt, u.,Oel~ uempt by the
i~lu,tadom or di.rKfives ~uued punu&nt thereto. T'ne contrlc~r ~ t~ke such Ktion with respect t~ any
subcontTa~ or procure,~ent u cbe spo~uc)r or the F.a~A may d.izect is i mes~ of e~rorci.nl such prov~ions
tnclucttnI sa, actions lOT noncompli&ece, PTo¥ided, boweveT, that tn the event a eoau.Ktor become~ tnvolvect
in, or ts tlu'eatened with, titiiation ~th a subcontractor or supplier is e result of such direction, the
mr may request the sponJor to enter into such titilaUon to protect the tnteresu of' the sp<)tu~r ~nd, in addi.
tioa. the e~nu'k:tor may request *he Uluted Statel m enter into such Uttlation lo protect the mteresU of the
United States.
SCHEDULE "G"
Pase 1 of 2
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
I. PQUcy. It is the policy ot' t..be Dep~'rmeat of Tmnsp,or~tion ('DOT) L~t mLnority b~ines~ enter.
prises u deflned i~ 49 CFR P~rt 23 sh~JI have ~e m.~Lmum oppor~U~uty to p,u-0cipele in the pert'orta~nce
of conLr~:U Fu~ced La whole or Le pu~ w~ Federal I',e~ u~sder ~d ilreemsnt Co~.~.quendy, the MB£
requirements of 49 .CFR P~t't 2.1 ipply to th~ IlteemeaL
2.. MBE OblipdoL The COaLTtCt~r llTeel to etuu~ d:~t a~inority b~i~es~ e~t'prises Lt det'in~ Ln
49 CFR p~-t 2.~ l~ve the ~t~imum opp,c~rtlu~i~ to p4~Cil~l~ ia ~e perform&.nce of contz'lcts ~,nd lubco,.
t.r-,'ts f'u'~nced La whole or i~ p~.,,'t wi~. Federal fl~ provided --dst ~ qtee'menL [, ;his rel~d, .il
contractors thLII t.,Lke ~JI necessL,"7 ~md re~son~ble Stel~ ~n Kcord.~nce with 49 CFR PL~ 2.1 to ensure Ih~t
minority busmes~ enterprises h,,ve the m.u.Lmum opportu-it7 to compef~ for Md perform con[racU. Con-
trKtors th~ eot disct'i.m~le .os d3e bu'~ of mc& color, u0onnJ orirm, or i~s in the awud ~d perform.
~cs of DOT-~ted contrK~
AUDIT REQUIREHENT
1. The Owner, the Federal Aviation Administration, the Comptroller
General of the United SCares, or any of the duly authorized representatives
shall have access co any books, documents, papers, and records of consultants
uhich are directly pertinent co a specific grant program, for the purpose
of making audits, examinations, excerpts, and transcripLlons. The Engineer
shall maintain all required records for five years after the Owner makes
final payment and a~l ocher pending matters are closed.
SCHEDULE "G"
Page 2 of 2
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 notar7 public or other or, ricer
authorized to administer oaths.)
STATE OF Florida
COUNTY OF Broward
Before me, the undersigned authority, personally
appeared Carroll R. Sanders , who, being by me first duly
sworn, made the f011obing
1. The business address of Willliams, Hatfield & Stoner, Inc.
[name of bidder or contractor] is . 231~ Wilton Drive, Ft. Lau~ef~a~le
Florida 33305 ...... .
2. My relationship to Williams, _Hatfield & .Stoner, Inc.
[name of bidder or contractor]
is Vice PreSident [relationship such as sole
proprietor, partner, president, vice president].
3. ! understand that a public entity crime as defined
in Section 287.133 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 ~ntity or such an agency or poli:ical
subdivision and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material
misrepresentation.
4. I understand that "convicted" or "convi'~tion" 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 ¢ontendere.
SCHEDULE "H"
Page I of 2
:5.: I understand that 'a~filiate# is deli'ned by the
etatu~e to mean (1) a predecessor or successor
corpor&tion'convl¢~.ed of a public en~it¥ c~ime, o~ (2) ah
entity unde~ the 'control o~ any natural person who is active ~n
the management o~ the entity and who has been convic~ed
public entity c:lme, o~ (3) those o~ice~s,
executives, partners, shareholders, employees, members, and
a~en~s who are active in the management o~ an a[~iliate, or
(4) a person or corporation who knowingly entered into a joint
venture with a pe.rson who has been convicted o~ a public en~ity
crime in ~lorida during the preceding 3~ months.
6. Neither the bidder or contractor nor any officer,
d£rector, executive, partner, shareholder, employee, member or
age.~t who ~s ac~ve in the managemen~ oE ~he bLdder or
con~ac~o~ nor any a~il~a~e o~ ~he bidder or con~rac~or has
been convic~ed o~ a public en~it7 crime subsequen~ ~o July 1,
1~89.
[Draw a line ~hrough paragraph 6 i~ paragraph 7 below
applies.]
?. The, re has been, a conviction of a public\entity
crime by the bid~i,er or cont,,actor, or a~kof~icer, dir~,ctor,
executive, partne~ sharehol~r, employe~ member or a~n~ o~
the b~d~e¢ or cont~ctor who ~s active in ~he managemen~o~
bidder okcon~=ac~or~?r an affkliate of the~bidder or
~87.'133(3) ~y order o~ ~He D~vis~0n o~ Admini~ra~ve
~ l= la n~= In ~he p~lic inUe~s= ~or the ~me
co,viewed per~on or affiliate to a~ear on the ~nvic~ed vendor
iisi. The nam~o~ the convicted pe~on or a~ili~te
the~ "er o~ the 'V~sion 6f~dminist~ive Hearin~is
a~ac~o ~h~s ~emen~. '
applies.]
[Oraw a line throu, gh paragraph ? i~ paragraph 6 above
Carroll R. Sander~
Sworn to and eubscribed before me in ~he state and county first
men~.ioned above on ~,he ~ day o~ '~'~_~_ ,
(a~ix seal)
Ny cOmm~eeion expires
SCHEDULE "H"
Page 2 of 2
SCHEDULE "I"
-' SEBASTIAN MUNICIPAL AIRPORT '~
COMMUNITY COMPATIBILITY AND MASTER PLAN STUDY
June 8, 19~9
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 mnactment of the
ordinances implementing ~he 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 gran: application for a planning
study funded under the 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 FA~
Master Planning grant. No 'further payment will be made on
outstanding Master Planning Oran~ 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 office.r, th~ City
Manager,
4) The City of Sebas~ian will retain, ~hrough selection
procedures conforming to applicable local and FAA requirements,
highly qualified, recognized consultants for the engineering 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 to provide adequate
funding for the needed planning study using available FY 89 or FY
90 funds, and will muppor= a study that can be completed within
one year from date of grant. The total federal share of the
costs of the study will be based on a review and approval by the
FAA of a proposed worm scope, but in no even~ will exceed
$200,000, subject to the reduction referred to in paragraph 2
above. The City of Sebastian will submit such proposed study
wore scope within ~0 days.
SCHEDULE "I"
Page 1 of 3
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 mee~ 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
Semastian 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 degign
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 the Council were to unilaterally take any action to
terminate the study or to enact 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 th. study if in the opinion of the FAA, adequate
progress is not being made or federal objectives are not being
sufficiently considered. In tl~e latter event, progress payments
would be authorized to the date of termination.
11) The City of Sebastian agrees ti%at FAA funding of a planning
s~udy is being undertaken in the spirit of supporting a planning
effort intended to result in a% least an objective analysis ~f
demand for aviation services at :he Sebastian Airport and a
SCHEDULE "I"
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compreh%nsive plan for satisfying that demand while considering
legitimate community interests, and local, ~tate and federal
aviation interests.
12) During the study period, the City cf 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"
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