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Resolution 165-1982RESOLUTION NO. 165 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A STANDARD FORM OF AGREEMENT BETWEEN 01-JNER AND ENGINEER FOR PROFESSIONAL SERVICES BY AND BE- TWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND BR & R ASSOCIATES, INC. - PBSJ, INC., A JOINT VENTURE, CONCERNING ADAP PRO- JECT NO. 6-12-0044-03 MARATHON AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Standard Form of Agreement between Owner and Engineer for Professional Services by and between the Board of County Commissioners of Monroe County, Florida, and BR & R Associates, Inc. - PBSJ, Inc., a Joint Venture, a copy of same being attached hereto, concerning ADAP Pro- ject No. 6-12-0044-03 Marathon Airport. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28th day of June, A.D. 1982. (Seal) Attest: RALPH W. l [IITE, LLRK Clerk BOARD OF COUNTY COMMISSIONERS OF M7"' COUNTY, FLORIDA By -.ice G.00 � 10-'yor/Chairman APP' ROV' D A_ altlarey'a! r - Marnthon Airn�r ADAP l'roj N 2-0044-03 • U • d 4 'I .I This document has important legal consequences; consultation with an attorney is encouraged with respect to its 9 completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of June 28 , 19 82 between the Board of County Commissioners of Monroe County, Florida (OWNER) and BR & R Associates.. Inc. - PSBJ, Inc. A Joint Venture (ENGINEER). OWNER intends to accomplish the Airport Development Aid Program (ADAP) Proiect No. 6-12-0044-03 at Marathon Airport as described in Federal Assistance Project Application Number MTli-4 dated September'4, 1981 and attached to this nt. (hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. ENGINEER shall provide professional engineering services for OWNER in all phases of the Project to which this Agreement applies, serve as OWNER's professional engineering representative for the Project as set forth below and shall give professional engineering consultation and advice to OWNER during the performance of services hereunder. SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase. 1.1. General. I.I.I. ENGINEER shall perform professional ser- vices as hereinafter stated which include customary civil, structural, mechanical and electrical engineering services and customary architectural services inciden- talthereto. written authorization to proceed, ENGIN shall: 1.2.1. Consult wi WNE clarify and define OWNER's requireme the Project and review available data. 1.2 Advise OWNER as to the nec t of WNER's providing or obtaining from others data Page 1 of A!-, pages \,� s of the types 3escribed in paragraph 3.3, a WNER'S representative in connection with ervices. i I 1.2?.3. Provide analyses ofOWN ER's needs, anning surveys, it evaluations and comparative' udies of prospects sites and solutions. 1.2.4. Pro 'de a general economi analysis of OWNER's req 'cements. applicable t various alter- natives. 1.2.5. Prepare a Re ort con taini g schematic layouts, sketches and concept I design riteria with appropri- ate exhibits tiderations in- volved and available to OWNER andsettings findings and recommendatable costs for the Project, it, contingen- cies, allowanessionals and consultants, and and rights of -way, comproperties and interest and fich are herein- after called "A 1.2.6. Fu rsh five copies of the Report id present and revie it in person with OWNER. The d les and responsibilities of ENGINEER wring the dy and Repots Phase are amended and su le- /tr ed as indicated in paragraph 2 of Exhibit A " r- Description of [Basic Engineering Services aned Matters". (sce 8.1..I.) 1.3. Preliminary Design Phase. After written authorization to proceed with the Prelim- inary Design Phase, ENGINEER shall: 1.3.1. In consultation with OWNER and on the basis of the determine the extent of the Project."Project Application attached as Exhibit E 1.3.2. Prepare preliminary design documents consist- ing of final design criteria, preliminary drawings and outline specifications. 1.3.3. Based on the information contained in the pre- liminary design documents, submit a revised opinion of probable Project Costs. .. 1.3.6. Engineer shall attend Pre —Design Conference. 1.4. Final Design Phase. After written authorization to proceed with the Final Design Phase, ENGINEER shall: 1.4.1. On the basis of the accepted preliminary design documents and the revised opinion of probable Project Cost, prepare for incorporation in the Contract Docu- ments final drawings to show the character and extent of the Project (hereinafter called "Drawings") and Specifications. 1.4.2. Furnish to OWNER such documents and de- sign data as may be required for, and assist in the preparation of, the required documents so that OWNER may apply for approvals of such governmen- tal authorities as have jurisdiction over design criteria applicable to the Project, and assist in obtaining such approvals by participating in submissions to and ne- gotiations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the lat- est opinion of probable Project Cost caused by changes in extent or design requirements of the Project or Con- struction Costs and furnish a revised opinion of prob- able Project Cost based on the Drawings and Specifi- cations. 1.4.4. Prepare for review and approval by OWNER, his legal counsel and other advisors contract agreement forms, general conditions and supplementary condi- tions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. ten 1.4.5. Furnish -€we- copies of the above documents and present and review them in person with OWNER. *(means "As —Advertised" Plans and Specs.) 'Phi s and responsibilities of ENGINEER du the Final Desig amended a emented lasindicated in paragra "Further De- ption o ngineering Services an s . 1.5. Bidding or Negotiating Phase. 1.3.4. Furnish five copies of the above preliminary design documents and present and review them in per- After written authorization to proceed with the Bidding son w th OWNER. or Negotiating Phase, ENGINEER shall: 1.3. . Engineer $hall provid4 surveying services as required for design purposes. Page 2 of 48 — — pages 1.5. 1. Assist OWNER in obtaining bids or negotiating proposals for each separate prime contract for con- struction, materials, equipment and services. 1.5.2. Consult with and advise OWNER as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor(s) (hereinafter called "Contractor(s)") for those portions of the work as to which such acceptability is required by the bidding documents. 1.5.3. Consult with and advise OWNER as to the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the bidding doc- uments. 1.5.4. Assist OWNER in evaluating bids or proposals and in assembling and awarding contracts. ties and responsibilities of ENGINEER du the Bidding ling Phase Inded and supplemented as indica . of Exhibit A "Further ion of Basic Engineering ated Matters". 1. .�. Engineer shall at Pre-Construc- tion Conference. 1.6. Construction Phase. During the Construction Phase ENGINEER shall: 1.6.1. Consult with and advise OWNER and act as his representative , All of OWNER's instructions to Con- tractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER; - tile ,- except as otherwise provided in writing. 1.6.2. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the prog- ress and quality of the executed work of Contractors) and to determine in general if such work is proceeding in accordance with the Contract Documents. ENGI- NEER shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of such work. ENGINEER shall not be re- sponsible for the means, methods, techniques, se- quences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). ENGINEER's efforts will be directed toward providing a greater de- gree of confidence for OWNER that the completed work of Contractor(s) will conform to the Contract Documents, but ENGINEER shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During such visits and on the basis of on -site observations ENGI- NEER shall keep OWNER informed of the progress of the work, shall endeavor to guard OWNER against defects and deficiencies in such work and may disap- prove or reject work failing to conform to the Contract Documents.. 1.6.3. Review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions) and samples, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (but such review and ap- proval or other action shall not extend to means, meth- ods, sequences, techniques or procedures of construc- tion or to safety precautions and programs incident thereto); determine the acceptability of substitute ma- terials and equipment proposed by Contractor(s): and receive and review (for general content as required by the Specifications) maintenance and operating instrec. tions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by Contractor(s) in accordance with the Contract Documents. 1.6.4. Issue all instructions of OWNER to Contrac- tor(s); issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare change orders as required; have authority, as OWNER's representative, to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make de- cisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the inter- pretation of the requirements of the Contract Docu- ments pertaining to the execution and progress of the work; but ENGINEER shall not be liable for the results of any such interpretations or decisions rendered by him in good faith. 1.6.5. Based on ENGINEER's on -site observations as an experienced and qualified design professional and on review of applications for payment and the accom- Page 3 of _4 $ - pages panying data and schedules, determine the amounts owing to Contractor(s) and recommend in writing pay- ments to Contractor(s) in such amounts; such recom- mendations of payment will constitute a representation to OWNER, based on such observations andIrreview, that the work has progressed to the point indicated, that, to the best of ENGINEER's kno%yledge, infor- mation and belief, the quality of such work is in accor- dance with the Contract Documents (subject to an eval- uation of such work as a functioning Project upon Sub- stantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Con- tractor(s); but by recommending any payment ENGI- NEER will not thereby be deemed to have represented that continuous or exhaustive examinations have been made by ENGINEER to check the quality or quantity of the work or to review the means, methods, se- quences, techniques or procedures of construction or safety precautions or programs incident thereto or that ENGINEER has made an examination to ascertain how or for what purposes any Contractor has' used the moneys paid on account of the Contract Price, or that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that Contrac- tor(s) have completed their work exactly in accordance with the Contract Documents. 1.6.6. Conduct an inspection to determine if the Proj- ect is substantially complete and a final inspection to determine if the work has been completed in accor- dance with the Contract Documents and if each Con- tractor has fulfilled all of his obligations thereunder so that ENGINEER may recommend, in writing, final payment to each Contractor and may give written no- tice to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein ex- pressed). but any such recommendation and notice shall be subject to the limitations expressed in para- graph 1.6.5. 1.6.7. ENGINEER shall not be responsible for the SECTION 2—ADDITIONAL SERVICES OF ENGINEER 2.1. General If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the following types which are not considered normal or customary Basic Services; vided these will be paid for by OWNER as'indicated in Sec- tion 5. 1. Preparation of applications and support' docum for governmental grants, loans or nces in connectio th the Project; prepar nor review of environmental a sments a pact statements; review and evaluation o effect on the design re- quirements of the ct of an ch statements and documents, ared by others; and as ' ance in ob- tainin rovals of authorities having jurisdi over anticipated environmental impact of the Proje 2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information fur- nished by OWNER. ( See 8.1.2. ) 2.1.3. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, or character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond ENGI- NEER'S control. 2.1.4. Providing renderings or models for OWNER's use. 2.1.5. Preparing documents for alternate bids re- quested by OWNER for Contractor(s)' work which is not executed or documents for out -of -sequence work. acts or omissions of any Contractor, or subcontractor, 2.1.6. Investigations involving detailed consideration or any of the Contractor(s)' or subcontractors' agents of operations, maintenance and overhead expenses; or employees or any other persons (except ENGI- providing Value Engineering during the course of de- NEER's own employees and agents) at the site or oth- sign; the preparation of feasibility studies, cash flow erwise performing any of the Contractor(s)' work; how- and economic evaluations, rate schedules and apprais- ever, nothing contained in paragraphs 1.6.1 thru 1.6.7, als; assistance in obtaining financing for the Project; inclusive, shall be construed to release ENGINEER evaluating processes available for licensing and assist - from liability for failure to properly perform duties un- ing OWNER in obtaining process licensing; detailed dertaken by him in the Contract Documents. quantity surveys of material, equipment and labor; and 1.6.8, EngineeV shall prepare routine Change Orders as required. Page 4of48__pages audits or inventories required in connection with con- 9truction performed by OWNER. I 2.1.7. Furnishing the services of special consultants for other than the normal civil, structural, mechanical and electrical engineering and normal architectural de- sign incidental thereto, such as consultants for interior design, furniture, furnishings, communications, acous- tics, kitchens and landscaping; and providing data or services of the types described in paragraph 3.3 when OWNER authorizes ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.3. 2.1.8. Services resulting from the award of more sep- arate prime contracts for construction, materials, equipment or services for the Project than are contem- plated by paragraph 5.1.1.2, and services resulting from the. arranging for performance by persons other than the principal prime contractors of services for the OWNER and administering OWNER's contracts for such services. 2.1.9. Providing engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other special field surveys. 2.1.10. Services in connection with change orders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not com- mensurate with the additional services rendered, ser- vices after the award of each contract in evaluating substitutions proposed by Contractor(s), and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy short- ages. 2.1.11. Services during out-of-town travel required of ENGINEER other than visits to the site as required by Section 1. 2.1.12. Preparing for OWNER, on request, a set,of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and. other data fur- nished by Contractor(s) to ENGINEER and which EN- GINEER considers significant. ( See 8 . 1 .3 . ) 2.1.13. Additional or extended services during con- struction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of Contractor(s), (3) prolongation of the contract time of any prime con- tract'by more than sixty days, (4) acceleration of the progress schedule involving services beyond normal working hours, and (5) default by Contractor(s). 2.1.14. Preparation of' operating and maintenance manuals; protracted or extensive assistance in the uti- lization of any equipment or system (such as initial startup, testing, adjusting and balancing); and training personnel for operation and maintenance. 2.1.15. Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed discrepancies under guarantees called for in any contract for the Project. 2.1.16. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, public hearing or other legal or administrative proceeding involving the Project (except as agreed to under Basic Services). 2.1.17. Additional services in connection with the Project, including services normally furnished by OWNER and services not otherwise provided for in this Agreement. 2.2. Resident Services During Construction. 2.2.1. If requested by OWNER or recommended by ENGINEER and agreed to in writing by the other, a Resident Project Representative will be furnished.and will act as directed by ENGINEER in order to assist ENGINEER in observing performance of the work of Contractor(s). Such services will be paid for by OWNER as indicated in paragraph 5.1.2.4. 2.2.2. The duties and responsibilities and the limita- tions on the authority of the Resident Project Repre- sentative and assistants will be set forth in Exhibit 9 I= which is to be identified, attached to and made a part of this Agreement before such services begin. 2.2.3. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative (if furnished) and assistants, ENGINEER shall en- deavor to provide further protection for OWNER against defects and deficiencies in the work of Con- tractor(s); but the furnishing of such resident Project representation will not make ENGINEER responsible for construction means, methods, techniques, se- quences or procedures or for safety precautions or programs, or for Contractor(s)' failure to perform their work in accordance with the Contract Documents. Page 5 of _ 4 8 _ pages M 2.2.4. If OWNER designates another person to rep- rewnt OWNER at the Project site who is note ENGI- NEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the effect thereof on the duties and responsibilities of ENGINEER under this Agreement will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. SECTION 3—OWNER'S RESPONSIBILITIES OWNER shall: 3.1. Provide all criteria and full information as to OWNER's requirements for the Project, including de- sign objectives and constraints, space, capacity and performance requirements, flexibility and expandabil- ity, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 3.2. Assist ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to- design or construction of the Project. 3.3. Furnish to ENGINEER, as required for perfor- mance of ENGINEER's Basic Services p -�eFiptia.n Of " , data prepared by or services of others, in- cluding without limitation property de- scriptions; zoning, deed and other land use restriction; and other special data or consultations not covered in Section 2; all of which ENGINEER may rely upon in performing his services. ovide field control surveys and establis - erence pom se lines (except t- tent pro- vided otherwise in Ex i rt er Description of Basic Engineeri ices and a atters") to enable ctor(s) to proceed with the layou r. 3.5. Arrange for access to and make all provisions for ENGINEER to enter upon public and private prop- erty as required for ENGINEER to perform his services. 3.6. Examine all studies, reports, sketches, Draw- ings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attor- ney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.7. Furnish approvals and permits from all govern- mental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.8. Provide such accounting, independent cost esti- mating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid to him under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule or regulation applicable to their performance of the work. 3.9. Designate in writing a person to act as OWNER's representative with respect to the services to be ren- dered under this Agreement. Such person shall have complete authority to transmit instructions, receive in- formation, interpret and define OWNER's policies and decisions with respect to materials, equipment, ele- ments and systems pertinent to ENGINEER's ser- vices. 3.10. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect in the work of Contractor(s). 3.11. Furnish, or direct ENGINEER to provide, nec- essary Additional Services as stipulated in Section 2 of this Agreement or other services as required. 3.12. Bear all costs incident to compliance with the requirements of this Section 3. Page 6 of _4 8 — pages SECTION 4—PERIOD OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER's services pro- vided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous prog- ress of the Project through completion of the Construc- tion Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reason- ably be required for the design, award of contracts and construction of the Project including extra work and required extensions thereto. The services called for in the Study and Rt' Phase wi leted and the Re mitted within the stipulated p ed in paragraph' 2 of Exhibit A "Furth cription o n ineering Services a aced Matters" after authoriza i ed with that phase of services. 4.3. s-waed- f�+4k�lalll, Upon written authorization from OWNER, ENGINEER shall proceed with the perfor- mance of the services called for in the Preliminary Design Phase, and shall submit preliminary design doc- uments and a*aA4"opinion of probable Project Cost after authorization to proceed with that phase of services. 4.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of prob- able Project Cost, indicating any specific modifications or changes in the extent of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall proceed with the perfor- mance of the services called for in the Final Design Phase, and shall deliver Contract Documents and a revised opinion of probable Project Cost for all work of Contractor(s) on the Project -Wat4of&:: after authorization to proceed with that phase of services. 4.5. ENGINEER's services under the -pog-R. a Preliminary Design Phase and Final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction over design criteria applicable to the Project. 4.6. After acceptance by OWNER of the ENGI- NEER's Drawings, Specifications and other Final De- sign Phase documentation including the most recent opinion of probable Project Cost and upon written au- thorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall be consid- ered complete upon• commencement of the Construc- tion Phase or upon cessation of the negotiations with prospective Contractor(s) (except as may be otherwise required to complete the services called for in para- graph 6.2.2.5). 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written approval by ENGINEER of final payment on the last prime contract to be com- pleted. Construction Phase services may be rendered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.8. If OWNER has requested significant modifica- tions or changes in the extent of the Project, the time of performance of ENGINEER's services and his var- ious rates of compensation shall be adjusted appropri- ately. 4.9. If OWNER fails to give prompt written authori- zation to proceed with any phase of services after com- pletion of the immediately preceding phase, or if the Construction Phase has not commenced within 120 calendar days (plus such additional time as may be required to complete the services called for under para- graph 6.2.2.5) after completion of the Final Design Phase, ENGINEER may, after giving seven days' writ- ten notice to OWNER, suspend services under this Agreement. 4.10. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond. ENGINEER's, control, ENGINEER shall on written demand to OWNER (but without termination of this Agreement) be paid as pro- vided in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or if ENGINEER for any rea- son is required to render services more than one year Page 7 of _48 _pages after Substantial Completion, the various rates of com- pensation provided for elsewhere in this Agreement shall be subject to renegotiation. 4.11. In the event that the work designed or specified by ENGINEER is to be performed under more than one prime contract, OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negoti- M acing and Construction Phases in order to sequence and coordinate properly such services as applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently - and the pro- visions of paragraphs 4.4 through 4.10 inclusive, will be modified accordingly. [The remainder of this page was left blank intentionally.] Page 8 of —42 pages a LUMP SUM h'iETHO® OF PAYMENT SECTION 5—PAYMENTS TO ENGINEER 5.1. Methods of Payment for Services and Expenses of ENG1NEER. 5.1.1. For Basic Services. OWNER shall pay. EN- GINEER for Basic Services rendered under Section I 44 as follows: 5.1. I.1. One Prime Contract. If only one prime contract is awarded for construction, materials, equipment and services for the entire Project, a lump sum fee of $ 29 , 363.00 , 1.2. Several Prime Contracts. If more LbAn one but TenQhan separate �­Sm, tracts are awarded for ruction, ma equipment and services for the entt ect, a lump sum fee of S , if any contract con- tains cost-pl incentive savings pro ns for Conte r(s)' basic compensation, a lump sum 5.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services rendered under Section 2 as follows: 5.1.2.1. General. For Additional Services ren- dered under paragraphs 2.1A through 2.1.17. inclu- sive (except services covered by paragraph 2.1.7 and services as a consultant or witness under paragraph 2.1.16), on the basis of -e for services rendered by principals and employees assigned to the Project. *mutually agreed Lump.Sum Fee amount 5.1.2.2. Special Consultants. For services and reimbursable expenses of special consultants em- ployed by ENGINEER pursuant to paragraph 2.1.7 or 2.1.17,"the tides a fofl-®r$f *mutually agreed Lump Sum Fee amoun.t . 5.1.2.3. Serving as a Witness. For the services rendered by principals and employees as consultants or witnesses in any litigation, hearing or proceeding in accordance with paragraph 2.1.16, at the rate of S 500.00 per day or any portion thereof (but com- pensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be on the basis provided in paragraph 5.1.2.1). .4. Resident Project Services. For res' services construction furnish er para- graph 2.2.1, on Ths,asis o roll Costs times a factor of s es rendered by princi- pals and oyees assigned to offices in con - ion with resident Project representa .( See 8. 1 .4. ) 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1 and `.'- OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses incurred in connection with all-BeAdditional Services. *5. 1.2.3. 5.1.4. The terms "Payroll Costs" and "Reimbursable Expenses" will have the meanings assigned to them in paragraph 5.4 which appears on the reverse side of this page. 5.2. Times of Payments. 5.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon ENGINEER's estimate of the propor- tion of the total services actually completed at the time of billing. OWNER shall make prompt monthly pay- ments in response to ENGINEER's monthly state- ments. 5.3. Other Provisions Concerning Payments. 5.3.1. If OWNER fails to make any payment due EN- GINEER for services and expenses within sixty days after receipt of ENGINEER's bill.therefor, the amounts due ENGINEER shall include a charge at the rate of 1% per month from said sixtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall consti- tute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis ofay�2eN-Ee�t� for services rendered dur- %mutually agreed Lump Sum Fee amount Page 9 of _ 48 _pages - ing that phaseM"Of termination by principals and employees assigned to the Project. In the event of any such termination, ENGINEER will be paid, for all un- paid Additional Services and unpaid Reimbursable Ex- penses, plus all termination expenses. Termination ex- penses mean Reimbursable Expenses directly attrib- utablc to termination, which shall include an amount computed as a percentage of total compensation for Basic Services carved by ENGINEER to the date of termination, as follows: M if termination occurs after commencement of the Preliminary Design Phase but prior to com- mencement of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase. 5.4. Definitions. 5.4.1. The Payroll Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory bene- fits including, but not lt'mited to, social security contri- butions, unemployment, excise and payroll taxes, workers' compensation, health and retirement bene- fits, sick leave, vacation and holiday_ pay applicable thereto. For the purposes of this Agreement, the prin- cipals of ENGINEER. and their hourly payroll costs are: 4 5.00/ Hr. . The amount of customary and statutory benefits of all other personnel will be considered equal to 37 % of salaries and wages. 5.4.2. Reimbursable Expenses'' mean the actual ex- penses incurred directly or indirectly in connection with the Project for: transportation and subsistence incidental thereto;-ebtab�i�ag_bids-e toll tele- phone calls and telegrams; reproduction of reports, Drawings, Specifications, and similar Project -related items in addition to those required under Section 1; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. *(applicable to Section 5.1.2.3.) [The remainder of this page was left blank intentionally.] Page 10 of 48_ —pages SECTION 6—CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein re- ferred to as "Construction Cost") means the total cost of the entire -Project to OWNER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights -of -way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financ- ing charges incurred in connection with the Project. [Construction Cost is one of the items comprising Proj- ect Costs which is defined in paragraph 1.2.5.1 When Construction Cost is used as a basis for payment it will be based on one of the following sources with prece- dence in the order listed for work designed or specified by ENGINEER: 6.1.1. For completed construction work the total costs of all work performed as designed or specified by ENGINEER. 6.1.2. For work designed or specified but not con- structed, the lowest bona fide bid received from a qual- ified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such work. 6.1.3. For work designed or specified but not con- structed upon which no such bid or proposal is re- ceived, the most recent estimate of Construction Cost, or, if none is available, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. No deduction is to be made from ENGINEER's compen- sation on account of any penalty, liquidated damages, or other amounts withheld from payments to Contrac- tor(s). 6.2. Opinions of Cost. 6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of deter- mining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qual- ified professional engineer, familiar with the construc- tion industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Projector Con- struction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding or Nego- tiating Phase OWNER wishes greater assurance as to Project or Construction Cost he shall employ an inde- pendent cost estimator as provided in paragraph 3.8. 6.2.2. If a Construction Cost limit is established by written agreement between OWNER and ENGI- NEER, the following will apply: 6.2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Project or Construction Cost in excess of the then established cost limit will constitute a cor- responding revision in the Construction Cost limit to the extent indicated in such revised opinion. 6.2.2.2. Any Construction Cost limit so established will include a. contingency of ten percent unless an- other amount is agreed upon in writing. 6.2.2.3. ENGINEER will be permitted to deter- mine what materials, equipment, component sys- tems and types of construction are to be included in the Drawings and Specifications and to make reason- able adjustments in the extent of the Project to bring it within the cost limit. 6.2.2.4. If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and OWNER shall consent to an adjustment in such cost limit commensurate with any applicable change in. the general level of prices in the construction indus- try between the date of completion of the Final De- sign Phase and the date on which proposals or bids are sought. 6.2.2.5. If the lowest bona fide proposal or bid ex- ceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's extent or quality. In the case of (3), ENGINEER.shall, without additional charge, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. The providing -of such service will be' the limit of ENGINEER's responsibility in this regard and, hav- Page 11 of _4 8 _ pages M ing done so, ENGINEER shall be entitled Jo pay- ment for his services in accordance with this Agree- ment. SECTION 7—GENERAL CONSIDERATIONS 7.1. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminat- ing party. 7.2. Reuse of Documents. All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Proj- ect or on any other project. Any reuse without written verification or adaptation by ENGINEER for the spe- cific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER; and OWNER shall indemnify and hold harmless EN- GINEER from all claims, damages, losses and ex- penses including attorneys' fees arising out of or re- sulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. . Controlling Lary. This Agreement is to be governed by the law of the principal place of business of ENGINEER. 7.4. Successors and Assigns. 7.4.1. OWNER and ENGINEER each binds himself and his partners, successors, executors, administra- tors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, ex- ecutors, administrators, assigns and legal representa- tives of such other party, in respect to all covenants, agreements and obligations of this Agreement. 7.4.2. Neither OWNER nor ENGINEER shall as- sign, 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 as stated in paragraph 7.4.1 and except to the extent that 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 responsi- bility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates and subcon- tractors as he may deem appropriate to assist him in the performance of services hereunder. 7.4.3. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. [The remainder of this page was left blank intentionally.] Page 12 of 93___pages ,7.5. Arbitration 7.5.1. All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, sub- ject to the limitations and restrictions stated in para- graphs 7.5.3 and 7.5.4 below. This Agreement so to arbitrate and any other agreement or consent to arbi- trate entered into in accordance herewith as provided in this paragraph 7.5 will be specifically enforceable under the prevailing arbitration law of any court having jurisdiction. 7.5.2. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The de- mand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.5.3. All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs). The arbitra- tors will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning, any claim, counterclaim, dispute or other matter in question where the amount in controversy thereof is more than $200,000 (exclusive of interest and costs) or to render a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs). 7.5.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not a party to this Agreement. 7.5.5. By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 7.5.3 and 7.5.4 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No con- sent to arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $200,000 (ex- clusive of interest and costs) or which is with any party not specifically described therein. 7.5.6. The award rendered by the arbitrators will be final, not subject to appeal and judgment may be en- tered upon it in any court having jurisdiction thereof. (The remainder of this page was left blank intentionally.] Page 13 of -A $_ pages [This Page was left blank intentionally.] Page 14 of —.4$_ paees • I 4 1 • Revised 4/10/79 SECTION 8" SPECIAL PROVISIONS, EXHIBITS and SCHEDULES. 8.1. This Agreement is subject to the following special provisions. 8.1.1. Engineer's Design Report shall be submitted with Final Construction Plans as required by FAA. 8.1.2 To be included under Basic Services. 8.1.3 To be included under Basic Services. 8.1.4 Compensation for.Resident Project Representation shall be based on a per diem rate of $150.00 (based on a 8 hour work day), or at the rate of $18.75 per hour (including overtime if required) for any portion thereof. 8.2. The following Exhibits are attached to and made a part of this Agreement: 8.2.1. A 8.2.2. Exhibit 17 "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" consisting of 2 pages. 8.2.3.Exhibit "Title VI Assurances" is attached and made a part of this Agreement. 8.2.4 Exhibit "Minority Business Enterprise (MBE) Assurances" is attached and made a part of this Agreement. 8.2.5 ExhibitD "Certification of Engineer" is attached and made a part of this Agreement. 8.2.6 Exhibit E "Federal Assistance Project Application" is, attached and made a part of this Agreement. 8.3. This Agreement (consisting of pages 1 to 48 , inclusive), together with the Exhibits and schedules identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules 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: ` BR & R Associates, Inc.— PBS11, Inc A Joint Venture By: BR & R Associates, Inc. °� 7121C . ��/ 3/ 31�Z By: PBSJ Inc. a Page 15 of _ 4 8 _pages 0 ems; i-LL.'0 VICE PRESIDENT xllbit «A» to Standard o_:i oil � Iee�1 ��vner and engineer for Pro css onL SerNJees (NSPE 1910-1, 1970 ,=,dizion j Duties, Responsibilities and Limitations of the Authority or' Resident Project Representative A. General. - Resident Project Representative is ENGINEER's Agent and will act as directed by and under the supervision of ENGINEER. He will confer with ENGINEER regarding his actions, His dealings in matters pertaining to the on -site Work shall in general be only with ENGINEER and CONTRACTOR. His dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR or his superintendent. He will generally communicate with OWNER only through or as directed by ENGINEER. B. Dutles and Responsibilities. Resident Project Representative will: 1. ScheduIes: Review the progress schedule, schedule of Shop Drawing submissions and schedule of va�,.es prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attenn :n advance. At- tend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's super m- tendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in se.::n g as OWNER's liaison with CONTRACTOR when CONTRACTOR s operations affect OWNER's on -site opera- • tions. b. As requested by ENGINEER, assist in obtaining from OWNER addionai details or inform. tioa, w~c:. required at the job site for proper execution of the Work. c. Alert CONTRACTOR directly .and through his superintendent, to the hazards involved in accepting or act- ing upon instructions from OWNER or others, except instructions transmitted through ENGINEER of 5irn elf. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples which have been approved by ; NGI- NEER. b. Receive samples which are furnished at the site by CONTRACTOR for ENGINEER's approval, and nc- tify ENGINEER of their availability for examination. c. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of cnY Worn requiring a Shop Drawing or sample submission if the submission has not been approved by ENGI- - NEER. j. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining that the Project is proceeding in accordance with the Contract Documents and that completed Work will conform to the re- quirernents of the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective. or does not conform to the requirements of the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made; and advise ENGINEER when he believes Work s`,ouid a: corrected or reject-d or should be uncovered for observation, or requires special testing or :nspect:on. c. Verify that tests, equipment and systems sta Cups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate deta: s re:ative to the test procedures and startups. © i970 by National Society of Profcssionai,Engineers, 2029 K St., N.W•, Washing:oa, D.C. 20006 d. Accompany visiting inspectors .representinb .public. or other agencies hiving -jurisdiction over tl:e Project, recorr� the outcome of these inspections- and report',•to ENGINEER.. 6' ' Interpretction . o/ Coniraci Documents: Transmit to', CONTRACTOR ENGI\EER's. clay ; catio.^s, and interpm- ' tations of the Contract Documents. 7. Modifications: Consider and evaluate CONTRACTOR's. suggestions i'br :modifications in Drawings or Speci;i- ith recommendations to E,,GiNEER. cations and report them w: 8. Records: - - .. - - a, 1liaintain at the job site orderly files for correspondence, reports of job conferences, shop drawings 'and samples submissions, reproductions of original Contract Documents inc!uLing a!1 addenda, change orders, : :1 orders, additional Drawings issued subsequent to the execution of the Contract; ENGINEER's ciar;ficat.ons and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the joh site, weathdr conditions, data relative to questions of extras or deductions, list of visiting officials, daily activities, decisions, observations in general and specific obser- vations in more detail as in the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of ali CONTRACTORS, subcontractors and major sup- pliers of equipment and materials. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR's CO.rnpl•,ancc with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start. of important phases of the work. 10. Payment Requisitions: Review applications for payment with CONTRACTOR for compliance with the estab- lished procedure for their submission and forward them with recommendations to E;'�GINEER, noting par- ticularly their relation to the schedule of values, Work completed and materials and equipment delivered at tnc site. `. J 11. Guarantees, Certificaies, Maintenance and Oprru1:0n Manuals: During the course of the work, verify that guar- . antecs, certificates, maintenance and operation manuals and other data required to be assembled and fureished by CONTRACTOR are applicable to the items actually installed; and ddliver this material to ENGINEER for his review and' forwarding to OWNER prior to final acceptance of the Project. 12. Completion: of Substantial Completion, subr,iit to CONTRACTOR a list of ob- a. Before ENGINEER issues a Certificate served items requiring correction. b. Conduct final inspection in the co fipany of ENGINEER, OWNER and CONTRACTOR and prepare a finai list of items to be corrected. c. Verify that all items on final list have been corrected and make recommendations to ENGINEER concern:;.., acceptance.. C. Limitations of Authority. Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equip- ment. 2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superi.-.- tendent. 3. Shall not expedite Work for the CONTRACTOR. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or pro- cedures of construction unless such is specifically called for in the Contract Documents. l S. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole o: in part. 7. Shall not participate in specialized field or labo'"tory tests. 17 — TITLE VIJASSURANCES oatrait, the Enginear, for itself, its assignees. During the performance of this.c t and successors in interest agrees as follows: A. Compliance with Regulations.: The Engineer shall complywith the Regulations relative to nondiscrimination in,federally assisted progra;;s of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21,;Ias they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of .this Agreement. B. Nondiscrimination. The Engineer, with regard to the work performed by it during the Agreement, shall -not discriminate on thegrounds of race, color, or national origin in th6 selection and retention of subcontractors, including procurements of materials and leases of equipment. T e Engineer shall not participate either directly or indirectly in the diSCrimination prohibited by section 21.5 of th,;e Regulations, including employment practices when the Agreement covers a program set forth in Appendix B-of the Regulations. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a sub— contract, including procurements of materials of leases of equipment, each potential subcontractor or;suppiier s<<aii be notified by tCl(' :..oinear of the Engineer's obligations u'.der this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information anal Reports. The Engineer shall provide all information. and reports required by the Regulations'or directives issued pursuant Exh:ibit B y ' thereto and shall permit access to its books, records, accounts, other r , sources of information, and. nd its facilities as may be determinated by the sponsor (Owner),or the Federal Aviation;Adcainist:ration (FAA) to be pertinent'to ascertain compliance with such Regulations, orders, and.intructions. Where any information required of a contractor is in the exclusive pos- session of -another who fails or!refuses to furnish this information, the Engineer shall so certify to the', sponsor (Owner)or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Engineer's non- compliance with the nondescrimination provisions of the Agreement, the sponsor. (Owner) shall impose such contract sanctions as it or the FAA may determine to be appropriate ,including, but not limited to: (1) withholding of payiments to the Engineer under the Agreement until the Engineer,complies, and /or (2) cancellation, termination, or suspension of the Agreemment, in whole or in part. F. Incorporation of Provisions. The Engineer shall include the provisions of paragraphs A through E in every subcontract, including procurer,ents of materials and leases of equipment, unless exe;pt by the Regulations or .I directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract, or procurerent as the sponsor (Owner) or the FAA may direct as a means of enorcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may recuest the exhibit B Pag'19 of 48 ages the sponsor (Owner) to enter into sucki litigation to protect the interests ' of the sponsor (Owner) and, in addlti6n Engineer - may reGuest tie United States to enter into suc,i 11%iontiv.i t0 protect tCle interests.OL the United States. 1 �X- -t o p,j ;` 20 o3 Poses MINORITY BliSINESS ENTERPRISE \%''IEE) yS _Si.; _ 'N-7TS A. Policy. It is the policy of the Department of Transportation. (DOT) that -minor_tly ousi:.ess enterprises as defined in 49 CFR Part 23 shah nave the maximal-1 opportunity to participate in the performance of contracts financed in whole or in part with i ederal _funds under tilis Agreement. Consequently, the MEE requirements of 49 CFR Part 23 apply to this Agreement. B. MBE Obligation. The Engineer agrees to insure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. -in this regard, the Engineer shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprws�5 have the :axii,;um opportunity i:o compete for and perform contracts. The Lr.gin.eer s all not discriminate on the basis of race, color, national origin., or sex in the award and performance of DOT -assisted contracts. E,\::iBiT C Pare 2 l of 48 -- -eJ MARATHON AIRPORT �. AIRPORT DEVELOPMENT AID PROJECT- 6.-12-0044-0 STATE FLORIDA CERTIFICATION OF ENGINEER I hereby certify that I am the PRESIDENT and duly authorized representative of the firm of BR&R ASSOCIATES,• INC.. whose address is 3152 Coral Way, Miami, Florida, 33145 and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage brokerage, contingent fee, or other consideration, any firm or person (other' than a bona fide employee working solely for me or.the above consultant).to solicit or secure this contract. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person .(other -than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for,.or in connection with, procuring or carrying out the contracts; except as here expressly stated (if any): I have acknowledge that this certificate is to be furnished to the Federal Avition Administration of the United States' Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and,Federal laws, both criminal and civil. Exhibit D Page 22 of 48 pages �J Patrick J. Rebull, P.E. President MARATHON AIRPOR T 9 { AIRPORT DEVELOPMENT -AID PROJECT 6-12-0044-1 STATE FLORIDA CERTIFICATION OF ENGINEER I hereby certify that I am the A.SST.SECRETAR`, and duly -authorized representative of the firm of PBSJ, INC. whose address is 6850 SW 40th. Street, Miami, Fla. 33155 and that neither I nor theabove firm J here represent has: (a) employed or retained for a commission, percentage brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. (b) -agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind -for, or in connection with, procuring or carrying out the contracts; except as here expressly stated (if any): I have acknowledge that this certificate is to be furnished to the Federal Avition Administration of the United States' Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and,Federal laws, both criminal and civil. Exhibit D Page 23 of 48 pages ILEOPAE E. PERRIN e. NUTASER 13, S T ATE a. NU1iZER _ -� ( t F EDERAL ASSISTANCE FEDERAL 2. APPLI• ! ,�x-4 ' APPLICA• N/A . J� CANT'S ; Icy+ I s 1 1. TYPE �� Pfia,?P�]CATIOV APPLI• b. DATE -" IDFYTI- den b. DATE Year ninth day OF FACTION' k i „P?LICATION CATION ��}}s ,ur month I, I9O 1 ; FIER 4 I ASSIGNEO 19 (,ltark ap- N OT)FICATION OF INTENT (7rt) Leave ;:raariata box) REPORT CF FEDER,',L ACTION r1r„nk 4. LEGAL APPLICANT/RECIPii"Ni ^r a. Applicant Name Monroe County, Florida b.Or;anizationUnit Board of County Coi-nm.2ssionors- P.O. Box-1029 Straat/?.0. Sa3 Id. city : Key West County Monroe 1. State : Florida ,. zip cod.: 33040 h. ConWtt Porson (Nance Mr. Arthur Skelly (305)296-5439 4- telephone No.) G 1 7. TITLE AND DESCRIPTION OF A•rPL;,.Afll't.' PROJECT 1 V Construct-12,500 SY General Aviation Ramp -I L) 5, FEDERAL Z.AFLGYER iaZ%71F;CAT;C\ NO. _., PRO- s�. NUTA 1R._ .._.2_� .._J.�.. It� _?_J GRAh7 b. TIT:t (From I Airport Develo;�;,;eT1t Federal Aid Program catalog) S. TYPE OF APPLIC?.n (/RECIPIENT A-Stato If -Community A:t;cn Alancy n-Inten.W& I- Nigher Edicational Inat,tution C-Substata J- Indian Tr:b4 District K-Othar (Specify): C-County E-Coy F-School District G-Spcxisl Purpose District Enter ap pro, rie::setter 9. TYPE OF ASSISTANCE A-Sasic'Gr:nt D-I,:su:Inca S--Supplorrartal Grant E--Jther C-Lozn -_ inter cppro- -� priate lcttir(,) _.I 10. AREA OF PROJECT IIAPACT r::••••r•n o1 c r r.,ahr,, r, 11. ESTIMATED 'SUM• I .2. TYPE OF APPLICATION SER OF PERSONS I ,-,ytw . C-Revision E-Au:mantation Marathon., Florida j LIENEFITING ii-Ranowal D-Continuation f 20K i Z.!..r appropriate :cuer 13. PROPOSED FUNDING 14. CUNGRESSIGN:,! UIS!,' OCTS OF: I :5. TYPE OF CHANGE (For Ile or tic) -!i l F-0thar (SpaciJy): A-!ncrease Dollarsa. 0 aAPPLICF. FDERAL 400,00 j C-Occreasa Dcliirs ' b. /,:'PUCANT 44 �.4-44- c-o� _ 15th C-Increase Dy.a!an I' lath i D-0acra2s9 Duraiion I E - ancallAtion I e. STATE 00 16. PNC,lc'-.: :,i.'.itT 17. PROJECT F,.ter appro- DATE Yiur vnanati dry I DURATION I C. LOCAL 00 19 $ ,vor,tha o. OTHER 00 18. ESTIMATED DATE TO Year month day 19. EXISTING FEGErt,5! 101"'i;FICATION NUM13ER BE SUOMITTEG TO r. TOTAL = 444,444 00 FEDERAL AGENCY 1> 19 81 9 4 N/A 20.FEDERAL AGENCY TO RECEIVE REQUEST (Name, City, State. ZIP oo,U) 21. REMARKS ADDED Federal Aviation Administration, ADO,P'.O.Box 592014, 4iami,Fia.331590 Yea Q No j 22. a. To the Mast of my knowledge end belief, b. It raQulred �y OMB Circular A-55 thls a,^licct,on was su5r dtad, p,.naaal to in. 1,"o ra- It to clearin;!�euevs and all rasponsos at@ sttach,d: opou,a alto.. w o I Cata In this Draa77!iulion/applluGon ue atruei eras Frain, appropriate THE true and correct, the docunont has bean =' APPLICANT Carly by the Doty of N/A ❑ C authorized towrning CERTIFIES I the a;9licant and the anliant will comply (1) Imo; THAT > with the attached amrincm It the a:aht- j �' once It sppro eel. I (3) 23. I a. TYPED KAME AI(D TITLE II b. SIGNANRE D `a DATE SIGHED !fy/� I 1'aar mva:A .:y ERTIFYING. Mr. Arthur Skelly,Director `_-' ^= : 9 .�EPRE• l �� 81 9 4 SENTATIVE ;Monroe County Airports I' '- 24. AGENCY NAME j 25. APPLICA• Yv;: wwalia 4:47 TIGPI i I ;EC:tVEJ i9 i' j 2u. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 123. FEDERAL APPI_I`ATiCN I IDENTiFIC 1.10,\' 29. ADDRESS 31. ACTION TAKEN '• a. AWARDED 1 ❑ b. REJECTED 0 a RETURNED FOR AN EHO et FJ`(: d. DEFLRREO � a 1YlTHDrJ1WN w `- t FEDERAL AGENCY A-95 ACTION 30. FEDERAL G:W1!'i IDEN T WICATION 32. FUNDING Year monLk day 17,4 Year wioutie day STARTING a. FEOEfAl S - M 133. ACTION DATZ 9 19 i DATE 19 b nPPiIGM Oq 35. CONTACT FOR ADDITIONAL INFORNIA- 36. Year o++I a day TION (Name and telephone number) ENDING c. STATE .00 j DATE 19 d. LOCAL ( OOII i 37. REMARKS ADDZJ o. OTHER OJ II ;Yes uNa ! i0TR1 $ •� -� o. In tak;nl above action, any eommenta racei.ad from dearlr;hbu:es wore c0. b. F_: c[RAL ACEIICY A-S5 OFFiCIAL a:darod. 11 e,ancy rrponsa is due under provisions of ?irt 1, Cmi� Cuca:ar A-95, i (Name end telephone noJ it has bean or is beini made. r + Jcr'Art i iu.l Gr' .: ��'r'OR7A j IVl1 - EDcRAL AViA i IOtJ ADm ii� i-r2A7tOv 1PAIR II ` PROJECT APPROVAL INF OrRMA T ICN S`CTION A Dces this assistance request require State, local, regional, or other priority rating? Yes X No Name of Governing Eocy — Priority Rcting tam 2. Does this assistance request require State, or local Name of Agency or ccv.isory, educational or health clearances? Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? Yes X No Itcm, 4. Does this assistance request require State, local, Name of Approv:ny Agency regional or other planning approval? Date Yes_h No Item 5. is ire proposed protect covered by an approved comprehensive plan? X Yes o M,6 No. c0-R0184 Check one: Stcte Locci Regional p "or.ro� County "ministrazor's No Location of ;an Office and AirDorc Directcr's Office Item 5. l tine assistance requested serve a Federal Name of Federal Instailction instc;iatIan? Yes X No Federal Popu:o-ic n benefiting from; Project ten 7. ;ne 0ss,stcnce requested be on Federal land None of ecera; Instclletion cr instailctiGn? _ocatlen of -eCeral Lane Yes X No Percent of Pro ec; en i;. '�i,ii the assistance requested have an impact or effect See instruction for ccd;t ona inform.ct;cn to be or. tr:e envirar,-ent? provided. Yes X No Number o rljl; ;ne css'.s;ancc requested cause the displacement of Individuals Families individuals families, businesses, or farms? Businesses Yes x No Farms j'em, ,U. is trere oliner reacted Federai assistance on this See instructions for additional .nfornct:on to be protect previous, pending, or anticipated? provided. Yes X No AA Form 5.00-130 5-73: SUPERSEDES FAA FORM 5100-10 PAGES 1 TRRU 7 11. SITES AND 1.MPROVEMENTS: Not reti fled, as exniar[s 'A?piicarw inleri;s to acquire the site through: Er inept domain, Negotiated purchase! OI`zr r,2acs (specify) 12. TITLE OR OTHER INTEREST IN T HE SITE IS OR WILL BE VESTED IN: -Y Applicant,' — Agency or inslilu"ion ope,iating the facility, Other (s;}2cr;y) 13. t INDICATE WHETHER APPLICANVOPERATOR HAS: X Fee simple title, Leasehold interest, Other (specify) 1A. IF AP PLICANVOPERATOR HAS LEASEHOLD INTEREST, GIVE'THE FOLLOWING INFOR,'ATION:. N/A a. Length of lease or other estate interest and %.m of years to run i b: Is lease. renewable? Yes No l c. Current appraised value of land S _ d. Annual rental rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT/OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR IN EREST IS JGAL AND VALID. 15. WHERE APPLICABLE, ATTACH SITE SURVEY, SOIL INVESTIGATION REPORTS COPIES OF LAND APPRAISALS. N A J 17. NHERE APPLICABLE, ATTACH CER T IFICATION FROM ARCHITECT ON THE FEASi;;ILITY OF IMPROVING EXIST ING SITE I TOPOGRAPHY. N / A 18. ATTACH PLOT PLAN I I 19. CONSTRUCTION SCHEDULE ESTIMATES: Not required, X Being prepared, Atlac„ed as exhibits Percentage of completion of drawings aid specifications at application date: 4 Schematics — SL a Preliminary 0 % Final 20. TARGET DATES FOR: Bid Advertisement _ 4Ls2 _--_ - Contract Award 5 /S? — Construction Compietion 8/82 _ Occupancy. 8/82 21. DESCRIPTION OF FACILITY: N -', required x Atlacheed as exh,bi;s Drawings — Attach any drawings which will assist in describing the project. Spctificalions — AL'acn copies of completed Gutfine specl'Icat.ons. _ (tf drawings and specifications have not been fully col,Ip;eted, ;.,Lase attac,- G,ot IIave then comr.e«,.., MOTE: ITEMS 04 THIS SmEET-ARE SELF.EXPLA'wATORT, THEREFORE, n0 iHSTAUCT-OMS ARE PROVIDED. 1 ra% =ortn5t00-t001e-7]) SUPERSEDES FAA FORM 5IO1�'i i Page 126 c48 pages OEPARTM'ENT, O'F TRANSPORTATION - FEDERAI-.AVIA1IDN ADMINISTRATION oMa NO.O4,k0209 PAI11' III- SECTION C Tile Sponsor hrreuy represents and certifies as follow:: i. Compat{ide Land Use. --The Sponsor has taken tilt- fo{!oµing actions to assure co:npatilde usage of land ac!;acsnt 10 or iri hc�icinityoftreairi,ort: Various land use controls have taken place near .t:.a- air?ort'and in its runway approaches in the -or:a of use and 'high zoning ordinances and comprehensive plans;' the Monroe County.Zoriin- Dept. is :Sze. agency charged with enforcement of these ordinances includinb the incor-v poration of the ACUIZ study which has been adopted as part of the Cot:::ty s land use controls in the vicinity of the airport. (See Continuation sheet attached) 2. Defaults. --The. Sponsor is not in defaull o:l all%• ol.;ioation tv the United States or it:y' a(leneV of the United 5t.i:cr uo%erii- ment relative to the dewelopincnt, operation, or maintenance of an} airport, except as -stated herewith: I The Sponsor is not in;'defau1L 3. Pos�ihlt' I)I�ahIIllit-,.• There art- no fart, or d'Irt'11I11�IJnt'Y- (Int'iudint' the vmx -Ien v of Cffeitike or P rt)In)'d't1 {)':I, U-t' r reernent, or (jtil,:r It -a{ {n�tnunt-nts affrcting, u,)' of the At{in)rt or Ili,, exig(.11ce of pendin., ;itigation or other Irpal 1)mrrrdul�>i ,,lorh in rea-mable J)rt]hahilit�- might make it impo>=ililt- for, tilt: out to Carr% out and ron11)lrtc the Project or c m out the provisions of Part `' of thi, Api)lica'tiun, either b)- hinitin.v its I;(•t;al or financial abdit)• or otherwise, except as fo+{ows: There are no facts or ci-rcumst'ances which could prevent the Sponsor from completing the project. 4. Land. -la) 'Inc `pun -or hold IlwJollornin" l)roperty interert in ilw folio{n; area- of lam {' Hilich are to lie ('r�.eio,tti o. used as pari of I).- In N:tll tilt• Vrporl, Hulot r't to tar folinw::l� exc(•f.ilrl it t-; c'Umuran('e an)i ai.'.� r;@ In�ere,t.. aii of which ar,a� are Id-'ntli:t-'i on the of orcnwn11On•'d{ prt)�It-r:\' rTlai) deTigilat,d a Fxh:l•it :i ! ?arcel 1, (133.72 acres more or less) ,acquired from the State of Florida, State Road Department by Quitclaim Decd dated December 25, 1553, recorded I Book 144 page 590 of the Official Records of Monroe County. This parcel is subject to leasehold interests of Flixed Base 0perato;, at the Xiarathon Ai rport. ' ,r vJlale rharc ler of prnpPrt� inn risI in each area undl list and idenIify for cc.-h all e,reptiors, en run: bran res, and adverse in:errs:s of euen• kind and nature. Including liens, easements, leases; eic. The separnle areas of ;an ,d need or,l�' be i;ent;fie.) here by the aroa numbers shou-n on tho propt-rll• map. FAA Form 51GO-1G0 i4'76) Para 3a _ -);, o= - 'PART 11 - SECTION C 1. Land Use Compatibil.ity Assurance Section 18(4) of the Airport Act requires an assurance, satislacLory to the L.S. Secretary of Transportation, that appropriate. action :gas Seen or will be taken to the extent reasonable, to restrict the use o1 land ad`a'cent to or in the immediate vicini`yof the airport to activias and purposes compatible with normal airport operations, including landing and takeoff of aircraft. This assurance is the _esp.onsibiliZy of the Sponsor of the Airport, and in the case of X,aratic,on Airport, the Monroe County Board of County Commissioners. In actual fact, the Board, outside the purchase of land in flea simple or easements, can do little to directly control the use of land b_-yond the airport property. However, there are several steps the Boa•=d.has taken and will continue to take to provide the required assurances. These are (1) the continued purchase of lard or avigatior. easements for buffer zones and compatible development, (2) publication of noise contours and cooperation with impacted local City oov,?rnme.nt to assist in the development of compatible zoning, (3) continued support of the existing zoning Board and the recommendation that this Board be advised and comment on compatible lard use zoning as well as zoning for height and hazards, and (4) continued development of noise abatemant plans and procedures for the airport in cooperation with local City gover:went, the FAA, airlines and community leaders.. As a result of the preparation of a environmental impact assessLlent report for planned development at. Pi,IrriLhon Airport and review by the public, the Board and the zoning and plannino staff, the Board intends to continue.to make the community aware of its proposed airport projects and -heir probable impacts. Tall structures and hazards to air navigation have been successfully controlled to date in the airpo-:t environs by the Monroe County Zoning Board. The duties of this Board have been broadened to include consider- ation of aircraft noise in its zoning regulations. On its own behalf, the Board will COiiSiOer methods, to lim"-t the impact of aircraft noise or. the surrounding community. Recognizing that t�:e control of flignt operations is a shared r-.>7onSa- lines, the pilot, and the Board), the Hoard w " Initiate the :e:inewent Of abatement procedures for consldi raz�J'. vy the n-,eC�'� pa+`5' SUMMARY OF SPECIFIC BOARD ACTIONS TO ?RC`:ICE COXP:.TIBLE LAND ;.;SF ASSURANCES Upon review of comments received from the public and local agencies together with ongoing programs -by the Board and others within t`.e community, the following Board act-ons.arc rovided as land use cor.t:oi assurances: - Purchase of land or avigation easements for buffer zones an' compatible development (presently underway); - Publication of noise contours.and cooperation wit: the local City government to assist -- the development of compatible zoning (presently undo -,Way); f • A - Continue to sponsor public invo_vemcl t -sessio: s. covc::in G development of the airport and :t:co,:patio:. lard uses ai.craft approach zones (presanciy underway); - Continue to cooperate with local lane pl.:nning departme7:a in developing a- long-term program of ofL airport iand use- pla nnins; - Malke available all data to deva.i.opers and lendir.d ins::i`L=iGl:s on impacts to surrounding land use from airport related noiLe or operational procedures. A mechanism shall also be devised for periodically conveying updated information to these Cnt�L:c:a. By pursuing the above course of action, the Board believes it csn assure the FAA that it is doing every,:;ling within its PO'-7er to cont the use of land to activities compatible with the operation of the airport. In accorGaace Witll the Cortpreltcns:vc Lan.,: lsc Plannin- Apt OL 11%6, �: ( LiOard O� Counl'y ('.n7imisslOn(•i-s o �iUnl"(�(' (:O,,r,,,y, Flnrldn, CU'l1lSSiUnPc }lam p17i7a rat ion and adopted said plan Oil Jawlary :30, 19/9. Pace 29 of 48 pages wR l tlr N7 Gi � (tANSPGR i"I.-- f (.I'LWtiL AVIA•(IUfJ AUMINIS.T(2A i+U:: - ! il, �al,n>ur fLlrlit' r ! rrlili r Ojai Ili, ,Ill'-\r I'• Ira -.-iI n,l a lll!,' r�anlinalil,n !,\ ,1 Ii::.,lillr,l .,lll,rnr�' ,ir ti(ir• rrin,,i,:iu\ anti plat 11, li ,!I (Ilrilr•,,' rlr hill' 1.1:!IIl,:Illt lia- -'II'lr rlillll,•,l 111.11 till. mil•„I1,11'r 111,li1� tllr :11,. ,,, :,I „l,r'I�\ �, •.,•l i•�(.. • I _ ,I (L; I Ill. t{nlr•. ilul ill ally ; rll,r ll, Ilic Aarl „I an\ I,r:.•lnv'lil,; \,,.rk un,i: r ll,lr'r—I iii Ilir Ili!I,i\,in :,lr:i• u; I;rt1,1' ,u; \lhu it .n, i, rr,n,lrii� lien wr,rk i, to !n 1,rrf(r,:nr,l. ,r Jli UI Nll il'lt :.i ,'•I? ,Ifr Plrlil illl'1 U11 lllr al, lfrlllrh111,rn'il I, rt,i,l.l'iS ftlap lil•.Irllah d .I- !' N/A . f,l Irj 'l llr .`lr,in•„r v.ill ariluur it kill a rr,l",tt.lhlr Inn,•, llti,ir 1„ Il,r ,,,,airlrlu•ll of all 1 nn-(rul liar, H_„ri,un(wr Irll11/\�In :l 11r%,l ivi iil(I•rl•Ili tlil' 1/111111/ i11 ! arva: O lath! Nllii'!I ar'• I(I Ili- lift, 1,1l,rd or il•,••i I` i,irl (,1((or is r rl'Irl•tit)n tliih 11n• 'lir)lnrl a- it \\ill llr u!•,��u r(nlli,ll•inul ll;' liu f „jl•rl, .III „I \thi-li .ir,':,, are iJr:llifirll nn tLr at,,rrnv•ntlun•,I p''.ill rl\ nl.li, ii,'.i.'r:ilril a- l:),1111 it "1••. - I .. N/A i ,h �, l' gill •I\� li t,.11l I lirf,' I� nI, ';r,)I,l ul III r\, i,rl,1 1i1!:111 lit „IJ-;!il, 1 1,1 :111N .1, rri\ •,ir;,t)rI I)WIli'Il „� ,„III 1'1,lj r,! II\ .ilr' �i,,,li"Ir 1'\+�, lit ,1� l„II,iN.• 1 . A recent lease agreement entered into by �l0nroe County with a new Fixed base Operator at ?larathon Airport contains a clause which hAs been determined to possibly grant an exclusive ri&Vt for the concuct of aeronal Acal activity. However, ,the Yonroe County Attorney an c Operator, pursuant to direction by The Airport Director have set with the nixed :ia�• � Soars 'of County Cc:'Missioners� tO eliminate this inadvertent Oversight. A resolution is expected in the near future. I ��hrl.• r;rnrnrtr•r .,( lv r,i,rr(v url,'rrcf Irl Furl! -rrr if uurl,rvui, v'.c, ur{r; ,u:�,'rsr ;r:l rrr;;c ! •'1 •v\ !: rr; I „n,i nir:l: >; tin luil.rt) flirts, ruv rrl,'rll �. ir'r,rr. , fr . rl 11i( �rl uralr .lnwl „� ir:•ul +:+ r'wilybr' lrlrn(,fi, I! !;rr^ by "he ,rr', ,, rl,lrrr/lrr., ch•,n h ,rrr ;l:r !n'„ �n rl t• Moll). • I i VAA 1-arm 5107—IUO , il•1 ' J i Pa - A of 48 raNss L- \S �JC,TiON PART III — BUDGET Iti,iORMATLO;N — CO � SE.CTION A- — GLE LZ AL 1."Federa1 Domestic Assistance Catalog No....:. .. 1. 20.102 i 2. FunctIona I or.0tnee Breakout ............... NIA .I• SECTION B - CALCULATION v; i EDCR„L GRA\ T Cost Classification Use only for revisions I ,I Latest Approved I Adjustment Amount I r or H I Amount Required 1. Ad:-:inistrr,ion expense S 500 1 2. Prekininary expense I� _ 13. l Lzn�,structures, right of vray _0_ 1 4. Architectural engineering basic fees i I 20, 303 S. Ot er architectural engineering fees i I 2 , 500 Project inspection fees I I 10,Cci0 i 7. Land development 8.. Relocation Expenses 1 9. ^%elocaiion payments to Individuals anc Eusinesses 0. Ge-:cGtion and removal -0— Co-•struction and project improvement ! i i 356,250 j 12. Equipment I —0— I 3. 'iscelIaneous —0— :4. i ctal (Lines : t :rough 13, 3. Es,i'ra,ed Income (if appiicable) .o. Ne, Project A ,Gunt (Line 14 minus ;�, ' 1.7. Less' ine!igible Exciusi;,;�s i ! I 0, h CGntingencies i I i octal Project A...,. (Excluding Rehabiiitation Grants) 20. F;:derai Share requested cf Line 19 i 2. A,;;; Rehabilitation Grants Requested , 130 Percent) 22. l uia, Federal ;rat requested (Lines 2u & 21) 23. Gfa-,i; e share 24. 0t." shares 25. Tc;al project (Lines 22, 23 & 24) iS FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES i THRU 7 S : G0 61� —0— !.�J,613 T r^ f 444• , 4411- 0 , 000 cPARTW.ZNT-C,.6PORTATWIFEDER. L AVI--,:ON AD`! i,4�rSTRI,,-.'.';014 SECTION-Cj—' EXCLUSIONS Classification C'. Inaligib !a for Exc;udcj from r Continnency Prowition C T oto I Ni G N R S:-� 'R E SE.CTION D PROPOSED METH, D OF A N' C ON - F E L- .1 i 27. Grantee Share S a. SPCUCIIIPS b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies i. IN 0.1 lash 00. Other (Expl.3iri) Airport General Fund TOTAL - Grantee share 44,444 2 Shares G. dale Total Other shaes TOTAL A'L 44,444 S= C1, I 0N E RE-i"'ARK's Attachments: Exhibit A—Propertty Mn-p Exhibit B—Pro 4ect Title VIL kssurances 1. Exhibit C—Attorney's Title C?inion PART IV PROGRAM NARRiATII/E (At -cc,; —See lnst,.uc-ions) FAA Form 51G0.-IQO (6-73i SUPERSEDES FAA FORM SI00-10 PAGE'L I THRU 7 AIA AC AlRi-ONTr_ CITY MAI:A'.111ON STATE FLORIDA_ UNIT 1. SITE PRI,PAP.ATION Clearing SY Unclas. Excay. CY Drainage LS SUB -TOTAL: 2. PAVING 8" Limerock Base SY Hit. Surface Crsc TON Bit. Prime G:'AL SUB --TOTAL: I. -NUR. & CONTINGENCII:. TO`1','J, ITEM CO1c-7I: CONSTRUCTION PAGE],. ],.. O C QW-N,NTITIES AND COST - - - - - -- DESCRIPTION -OF DEVELOM,MENT ITEM CONS` P%.UCT G/A UNIT BASED & ITIN . APP%O COST I - (12 ; 5 p -Spy---- ---�' ------ -- -------- OUANIITY AMOUNT ; OUANTITY AMOUNT QUANTITY t AMOUNT $0.50 12,700 $ 6,350 4.00 8,700 I 34,800 $ 69,150 I. 8.90 12,600 ;$ 112,140 I i. 60.00 2,850 i 171,000 II 1.20 3,300 _ 3,960 $ 287,100 88 , 19 :1-- $ 444,444 1 1 ;LkRATHU\ Ai R P 0 T MONRUE GO:;NTY �fA2U 6N, FLv::IDA ?Iarathon Airport is located in Monroe County, on Key Vaca, at Latitude 240 43' 10" N and Longitude SiVj3' 05" w. The airport has experienced a healthy -rcwth rate, both in operations and commercial passengers during the early 1970's. The existing airfield was constructed in the late 1950's, and the terminal in the middle 1960's. The objectives .of the proposed improvemen�s (as part of the Five Year Development Program) are to relieve congestion and increase capacity and safety, to maintain the viability of ;Monroe County's airport syste The method of accompllsh�mient of these items of Development and their benefits are as follows: ITEM 1 CONSTRUCT ± 12,500 SY GENEt..-,L .VIATIGN �X? In conformance with the Airport Xaster 21an SEudy and approved Airport Layout Plan, proposed protect will provide much needed General Aviation parking ramp areas for both based and transient aircraft. Presently, based aircraft are parked on grassed areas on the north anal south sides of the airfield. Conjestion of parked aircraft increases severely during the winter ,months when the numbers of temporarily based and ermanently based aircraft doubles. Provision of well defined based and transient parking aprons will serve to alleviate this problem and enhance the safety-o-' G/y operations at the airport. The eligibility of Monroe County to receive assistance under the Airport Development Aid Program has beer. fully established by previous ADAF and PGP projects. FAA Order 1050.1C Appendix n has been reviewed it;h the determination that the proposed 'Projects as described in this application for federal assistance i:J not requ:.ro an Envi�On- :ental Impact Assessment or _ indino Jf NO S1gnCant Ir..paCt per Paragraph 25f (exempted actions). The proposed projects as described in t',^.is application, for federal assistance have been coordinated and G_scussed with the air carriers and fixed ease operators usin.; zne ley ;•test International Airport.' L ac,e Z G-- 4 J ,aces J•.•.fir �,`• - ` `: y'�'�?tio;: i L'' Z• Aj my -41 311 • .___ ~ � Tom' � ' j •,/ � r �+�'�`'�. •"� I (• ` , �..^'�A yr� Tom. of` t•-r't 'ter f. ,��r.. ri 1 T r _. N651 E��-.L .7. rx:- �� 4 ''3'�i-G'.�J'�$i!►i�r .,r'""�f.4t"°•faYr+ r PARCEL.. 1 ate--��./—r••,��- �... -ram• +^--r -- - . r- S- ' "_L] ` • : r=- ' � _..y .. _ �__- ,. _ �_._ . ' . � - �d ' �'.� Ji '' J 1. �r �'' v r' ���.y;.��•i��'' ,� _PD� Q� - � ' ' � • '�-1•v-" �'T.' . C' jM n - ' � • •`� 1� y`. _ - � - '�' �.�=�'•YS. 5�.. ��• � Bpi .: - . �` �.� 313 � �, 1.0.1 �� � �T^� � l-�"� ��C► 7 war f 1• ~ Lam._ • �- � 'YIi ��c � •� C; i •- r /�J `-r •� hr: ECU Nam., ` • ��r-r, J� � ` - '. + .w frf i'-. `i iCCi rc• • �;" �t�c-� ��''. ., try cl. �,. = r•� . y 29, 1958 page 590 of Monroe �i vil� r I -7- - ZONE — 1?1 1 *!Q-1- 11"i Li 4V -4 I Ir T vi� '4 ENC E -x—j "�4 s. more or Llie SLate of r Department 1.t:ed December I 4a I 'Ai Book 144 ic"al Records TIt PRIP"ATION CP 1M3 —ITIM a.wwa I...T -n. 7-( FLDPF-IL .11171� TM-CnW'S 01 %[CY4. 13 OF T-4 bl..•0.1T ..0 1970 MARATHON AIRPC MARATHON FLORIOU Z". ...30a- 6COFT EXHIBIT w ---i.SSUE 0A it SCALE 0-- - —0 E-S 5025 CONNELL ASSOCIATES 11 L..`a�: l it l l , • , n . SPONSOR ASSURAINCF, Tk) Ai'.C.GNu'ANY .P:ZO• :.0 T A.:'L.C.;iIGN D;4�.:?D 4I �' �ol•. ' FOR A ;_,KAiiT OF F• LNDS r{w i:: DEVELOPNLIE iT r?ARaTRON 1A.7 __ BOARD OF COUNTY COXXISSIOiwERS OF ,iG\ OE COUNTY, FLORIDA (i1CrElllfiLt�'1' CO 'i t,lt "i"poI150r") , L,t�L.'?`i .•i. Zi7 iiit:T a5,a iO::u1L1C'ia tC recei V lio;. any F'_dcrai l r rl'11,(' ::ii a_;515 Lance ..roii) `.'ie Department oI T:: ;.sPE)r^ Catiun it will Ci)I:,plti' WiCh '.,.tIc VI of the Civ L R:Fatj Act Of 1964, 70 Stat. 252 42 U.S.C. 2000d, 42 U.S.C. 200Od-4 (;nereinafter referred. to as the "Act"), and a1L :C'Cluir�_;utni5 'i;;pGsed by o� nursua:it to Title 49, Cod-- of Fedecal Rc;ulatiOus, Dop..trtlnont C.i Trari.yurLatLv:1, Subtitte A, Office of e .S('.CTI'.Ccly, PerC L1, 1h11i1i15+:r.ii'i,inatiori in FuG2ru7:jy-ASbiszed Pro7rL.a15 i of t1�c DePar.ttnent of'frr�nsl,,ll't:,ti±On--Eff(°ccuation of Title VI c: the Civii RIg"n s Act of 1964 (hereiknafi.t'` E:;erred to. as t0 tile and that in auordance with Lae iC-L and RLgulatlons PC+ i.c'rSOrl in the itecj Stat!_S shaIi , ou ti',e group ds '<)r race Color, or natiOr+a1 0risin, be _ir,;I exclud_•d from participation in, tie ,it?hied thc, benefits of, or be- otherljise Subjectee, to di:5cri::iivatloil unCuC any ptOe,ra:a or at-tivicy 'CO: '~Ilea 't`e sponsor recelves FederaL finai:clill assist :lce from Lhe_ Dcpart:Terit Or Trans- n urtat.ion _nclud Lng t_i1E! tE'.d C: l.a i. A�'lh tiO:l Ati:linlS�lat1G:1, u:+�i i"i �:��'.S�i �'al••-S ASSUrKANCE Ti'AT It will Prot;:Gt :y : ake any ;11CaSu;e- 'cossary to eLfectuaze t11iS a 1E:E:(ii:'nt. This a5::ura11CC +iS rE.il it i] }y Sllr.SCCtiOn 21.%(iij'�1) o tirE: Regulntiuc:s. 1't.•r'Fj •SPEC1 LiGai iy and W1.ChU1:C iEllitlilg the above �2P. i?.r31 aJSLl ri: i.0 L', C+:(' 1 hereby gives Cil :C1Li•.`•Ji'l•� S;ftL: aSSurcnce With resJact !O ip� ir$Gr 7 L DA.P P ro j ec. t Nu. 6-12-0044-03 i "iro'='r�in and each ":acliCj t 1. That the sponsor :-+�r��:s,, that eachF 4 - Ss deFined in FubsE:ctions 2'_ 23(e) and 21.23(b) of the ReguiQa101ia, L)(: (wl Ch regard to a "Program',/ coad'JctQd, or w11.1 'e (Wltil re�arc'i IO a "; ,(_.Li ty") opera E l p' i reCuI remenLS i,., Osed by Cr t 1;1 com i.�rrict wi th aI ` "P pul::,uant to the RevulaCion_:. i1;15C'C Wt:u ^atio 2liil: the . .. r ai SL J'CC C to the Re&ulation solid:at.: i-0r. bids :Or W�-,'� o: ;ra :: _ > i NO. j(= iir .'.`iI1P; �C_Gr: Wl C�: A•)�.t' t CO;.:C a'ri:c;ants: it+l'il lii [.1�. tJ: .7'7sa t)i t, b 'lh(,- l i.::: r_• o: a )on':t 1 j , Ltl _ _Cordallct: Wit"-, Ti tie VI of. the 0. yyi �+, '`r �;4at. ? i_, 41. L'.S.C. 2000d r_o jnd 'i'it 1F. ;,,i it'c`. ai .ai R��gt'1a:io;ls, 01 Tr ,.,si)C .iL G1: .',Ut; jl:Le A, -:Parunr�ut. - rCCYi'tI"'y, Part �: \g111S I'1.;;,_nac!iT: �:I ,"'�•;e�a11j-a5SL.itE•; 1 L), L,vn 3;u0d pLIr'SL1Li1t" ,I;ci5r:a:n� t,11' IO a;.i bi(!- rJ t11.3r Lt W:ll 'lLin ilL VCi;i i,;:tll"(: r!:;..ti ,:i•V C0i;t::xCt erltCrl'tj ini0 . I � Pace 36 Of 4S ± c:gc_ pursuant to, thA adve.r.Li!;LCzjv..nt, -,:-Anority buslnoss 1_ncurpri j es will be a.ffurded Cull opportunity to suNii t bids in response to Lhi.s in.vitatifnn and it not be discriminAcd a6dinst. on Lhv grounds of. race, Mar, (;.r nacional origin in ronsi(ici; `un an award. 3, That the sponsuY, ha) i ingerti WP clausos of ALLachmenL L of this assuranCC Ln e\'u:y contract sub wc.L L,, Ll;c :,c.L and the RQuIaLWAS. 4. That where thl sponsor icce',~s FCul. & financial a,.?5_.�Li+i:C(_ to i:, CUnStjUCt a facility, o part of a LA�tr li ty, the aisuran Ce shall. ext nd to ��:. the entire flity .nufaciliti.es oplfa yd. in LOnnecUon themwit:. 5. That 'rlinCr'C the `j70L1::)r rCCi'1.\','CSFederalilila:'.cL81. a:;CiStBi.Cz iL the form, Or for Lhl aCgUiSiLion Pf ra'A (:rOpCrLy Ur all interest in real property, the assurance shall ext.c:ld t.o _r ; ;its to space on, over, ur udder such property. 6. That the sponsor shaL1 i,.C1nj the appropriate clauses sec forth in Attachment 2 of this. assurance, aA a covenant running with to land, tq in any future deeds, leases, perAtts , ilic licenses, and similar agrtements entered into by the sponsor with other parties: (a) for the.subsequ, nt t:Yansfer ;if ..real property acquired or ji,;provea under the Airport development Aid Progr;im of the Fe;ieral' rlviation Administration, (b) for the construction cr use of ur. „ccdsh .to space on, over,, or u,:c;er real property acquired, or i.mprovcd ur,,dur 'Lh(. Airport Devc!a'::^r.t Aid.Program. 1. That this is: uranco ohl inaLI a; .silt sponsor f o: the r er .. •': during Whet, Federal i 1n(!f:, W !: iitjI'vn 'e is cx Lunded :O We program, UNEpL Acre We federal I! an( Lal :!I S! i Lance :s to prDvide, Ur is Ln Lhe form of, personal property, c)r ;�rctal trope, Ly or interest tll',?:0 or SLructurC.s nr 1! prOVi:mcnLS Whereon, in which Cdse the ansur'ance obligates t.ln: pUf!5Vf ,); ;Ij` t.ril.5fcrC(: for Lhe longer of the fc h iowi.n` periods: (a) Lhc pel lod dduri.ng which the property L used for a purpose for which the WC.' 1 financial assistance is - extended, or for anoth r purpo-P i;nvoV,ving thn provision of simi;ar service: or benefit:, or (b) thc• perild during w;;icn -,Qe sponsor, re Lain ownership uv pusAnsio!1 9f th:_ p npui ty. j E. the SpDnsnr shall pr6v)ce jol sash .'.l .:nndi gin: adminisrraitio n Or Li:, giogra„ as are found by GO SQI rLLa' C, Tr?niparLatio,n or the of f i n i :l to whom he d:- ega tes SpVC i f iG, aULll, A Ly W 41ve re a,Ona: A jUar:°ntVL that it, UWCU SpOiiI"VS, SUIranLees, acrLkacwors,, su':- . CUnLra•. L:il6, transferees, successors in 11I.cru L, and OZh r participants of , od,ra,l financial assistance under much pig);:am comply lw.ch all i. - requi toweno imposed or i)Ursuunt to Wl Act, L"e aagu'.az:ons, and this SO FORM 5:!,.)-2 (1- 0 Aupersedes } r(vious UC. a..zn) I Page 37 of 48 Pales C1ia V., li7 ►Li. $,T� �,.-: u..� `.id f. liy iL Ur: WC � ,,::.�yi.l..\..i����2, ;:i'.Ci �iiiFi ..fi,9LiZiiY3l"..2• z cc n$ Q.i:y znd cli .7ada'-al uZi:��: , ' CGZi'i:u� t5, pLGPC?LZ" I, OC%\:\i 24adarcl, liw.�.. f:u4`o eaJ� �S G4j '+ .S)OJ`i\7i by U" ✓:'1L':__.�: of tic-.,, uYidC-:l�fi: ' „` St �• . Yp .} Aid j1��1'U V'D i.!i.�c1'A`ViIM'44 AnYi;tiwY,.t��i�+J. c`:� Lc;Wz4.1., ©a it, co&1Vroctorz, Lku3 .coatracLo:s, v:v.dC+iuOoS ill? .dl%irl©Y'4A: Atd oth'ar �31L�iCi�+C: lu U-Oz 6-12-0044-03 the perz)oa of pc.:,ozs --:: ze signatures ��,rerYL �----- - - J�:tOW „UL;, ,� to 3i,;:i thiD o: 9/4/81 LOAD Or COUNTY CGHMISSiONER'S --- 1 , Pace JO O:. 4�. _ '-.CJ ,ITT —C::?:'-' . Uuri:6 LIne of this contract, tiC cOl_Lic.ctor, for i. 3SSij�nees a ,d Nuccersor_s in interest (hereinafter referred to i:.Js "coat:ac*�x") agrees a, follows: 1. C.caa,liance with Re3ul;tt[on3. The contractor shall cc�ply wic: te ilcsul.aLiolis relative to nondiscrimination in ynderaliy-ac5i:�ted programs of the Department of Transportation (hereinafter, " o':") T_tla COCe of Federal Regulation:,, Part 21, as' t;:ay =ay be am.-V-ded =om tiz;: Lo time, (hereinafter referred to as the Rebulationa), which are herein incorporated .by reference and made a part of this, contract. 2. 13ondiscricinati.on. The cc,r.cractor, with regard to the work performed by it during the contract, shall not discriminate " the �rou:lc:s Of race, color, or national origin in the selc etion and rat;:ntiUn ci subcontractors, including procurerients of materials and leases of equipwant. The colltri( for Shall not. participate either directly , indirectly in the diar.rimilcati.on prohibited by Sec -:on 21.5 of the Regulations, including ealployme-nL practices when the contract covers a program s_t fucth in Appendix B of the. l:c�uLstions. 3. Sul.[Ci Lal_ii lib for ;uti o;ltr�lct , [ncludir.� ?rocurec;F:n.:, ni Xaterials and Fu1 )LeriL. I all solicitaC-IL onj 0 ram: cy Co--,-, LtLCly bidding or ncgutiatiun mace. by the coutracto. for ,xnrk co be ,�erio C,tad up -der a sub,.:ontract, including procurealents of ^aterials or Of equipc,ent, eac.ii potential subcontractor or suppiier shall be :oLified by Lhti conLr.actor of the coi,t.ractor`s obligations under this contract and tl,e Ra'.gl:latiolls relative LU .nondiy:.rlmtnitio.l On ChC-ro'Ur:dti u: race, color, or naLi.onal origin. 4, ;itcorTation and Reports. The coal cactor. shall prcvida all. ini-)-riation a;id reports required by the tior:: or directives issued pUrsu.Snt Lheleto, 8n,i ;hall permit acz0-1; . 10 it.s iip0�5, rJCO:"G5, accounts, OLner SoUrC^3 Of LnE0 ti"i3LiJn, 71', its faci iLies a r,.2y "a d0Len'lined by the sport-sor ki: tilt' _i:t'L lL t1`� l i:ioll �.Gi;llll:��ra..1Gr, t0 =e �)e r; :Gilt t0 ascertaincORI�)11:1i1�eY'.1[th much Regulaulions, or"ers, and. u 0� CO -Ss .,2 inszrucciOni. Where dny CitL. � exclujivE possession of inuLhor Or re:::5eS rii.:ltior, the contractor Sil;1! [ S� i�rZL' �� t: SPO"sOr OL tai r._deral Aviation 'AdMinistratic)ii as appropriate, and shall sit fort.'. il' : S.'nRt PfOrtS -t lla5 m$de t..:, 5. Sanctions for Nonconpiisnce. In the ev r,t of t;ie con t:actor''s noncda.pliance with the nondiscriminaLiior: ;, rovisions of " the sponsor shall iii.no.se .such .contract sanctions.-.2s- it o•: the ecie:al, Aviation administration may deLerm.inc to�,a appropzi.aLe; incl.udin;,. but not l irai Led to-- . a. Withholding of pay,er.ts-'to the contractor under the contract until the contractor complies, anal/or b, cancellation, termination, or susncr:-Sion of the contr-cc, in whole or ' in part. 6. incorporation of Provisions. The contractor shall include. the provision;, of paragraphs 1 through 5in every subcontract, includi^g procurements of materials and leases. of ?quitmen�, unless exer;pt by the Regulations or directives issued'pursu;nt thereto. The contractor shall take such action with respect to any subcontract- o: pr,oc".ire'M«nt as the sponsor or the Federal �,viati;on Ad::.;nistration ray &erect as a means of enforcing such provisions J.nclu,:' 1b sFnction:, for rto.,- compZianca; Provid(.,d, however, that', i;, tiZe event a contractor becomes involved in., or is threatened with, litigation with a subcontractor or supplier as a resul;t of such direction; the co-­trZ!ctoz may request -the sponsor to enter into such litigation to protect ti:e Interests of the spcnsoi and, in addition, the contractor racy request the United State., to enter into such l.it.igaLi..)n to protect t;,e interests of the' Ll6i Led States. SO r0i;1 J'L0 0 -1 ( : _ ) (SU i.s re.'ious c.;: io.i} 5 phl. J ATTACffMEN-7 2 The following clauses shall be in-"iuded in all -deeds, licen::e4, ieaser.� per:ilits, of slini_lar iiiSLrum._-nts elttered into by the (Ni:ira, al purs-uant to the provisiozis ,of kssz: rance f,(a). the (grantee, .licEllsev, lttr,see, pCiMitea, t-Lc., a3 app,00-1:%e) ZQ � t himself, his heirs, personal. rLpresentativzs, SUCc::sS(.1's _.. in'- '� assigns, a:; a Tart of the consideration herc2o , doas iieraby cr) ve:1ant li,ti rigre?_ (ir.-the case of deeds and 14_ases add "a3 & cover.ant rtiiar.i: , With .the land") that in the event facilities are const",_-Led, ca.,iat, il.ed, o_ otherwi;;e operated on the said property described ir, thia (deed, iicez:oe-, t =p :rtnec.t of Trans;�ortztior. leave, permit, etc.) for a purpose for tdhBch a prof;raum or activity i:, extended or for ono'ner P, ,rpose • irvol"v1 t�:e provision of similar services or benefits, the (gran Lee, licensee, lessee, perlli tee, et.:. } shall aij I nta in and operate sucil faci t i t les and servicas ira cocipliance with all other require.,Lents imposed pu•_:;uant to .A.t'.e 49, Cote of Federal Re?ulations, Department of Transportation, Subtitle Off ice of the sccret•ary, Part 21, Nondi5:crimination 1n redarzlly-.3�:st�d programs of the Dt'parLaienL of Transportation-Effec'tusLion of Title V! G: the Civil Right's Act of lt)b4, alid'' as' said R.: ul��io:,s c1::y be ::cl:��d• ILI (Include in licenses, It-ases, permits,; etc. )'^ '1'11at in the event of breacll.O[ al:y of t'tle &buvz nondi.sc.i�li;l.;tion covenants, (Name of iponsor) steal;l have the right t0 Lerrainate the (1 icer:se, lease, permit, etc. ) and to re-enter an(l reposse: s said lb:.d and the facilities thereon, and })old the sa3ne as if said (iicense, lease, PErm]t, etc.) liad never been glade or issuad. T .is provision shall not ue effcctive until the procedures of Title -9, Code of Federal e �:l Part 21 are followed and coalplet !d includ.irti; exc:cise or c; ir:.t:io:z o: appeal ri&hls. (iaclude in deeds.)* That ;n the event cf b-ceach, 0f aay Gi t-e above r,ondis- """ at" ' cover;ant5, (i\3.:�1e oI ,ipo:lsor tit:c7ii have Lh-- l"LChC to 1:e t?r:r2r S].Ci ai.d f3, ilities hereon, ;,nti tilt.' bo`•'= described 1. nd-i .1.13 facilitiCs � r J~�dii 1_nel'elipOii revert LO chid v'itit. 1-a ��;lil Le.;Ju:C'. th(.: a�JSCIL'tt? pr0Perty Of (N;,je of 5pousor) and its as;irie"".S. Vlis YrOviSI.0.1 Shall not be z �'� tl' �) G: t'tliial .@"L'la`:i0 s, effective until Lhe procedures cif �' Part 21 are followed rend coMP VLj,e inciuil:a� exercise r,: extlOr, of appeal rights. T11e ful iowin6 Shall be. i11c..111ded I,in all deed3, i.'�CC :Se ,, leases, PC-- -cs or similar agiL-enEnts Cillev-i d lilto by (`«:,le oir spJnsOr,. ps 12nt tG t`e provisions of Assur«ncc 6(b}. - lessee P s apPl'OPri C :l. hc�) for ;;, ?'e graoLee, 1 icnsee, • or:;n i�te:est, and assigns, hm5e.fhis persnareprescntaLives,succ, i15 a j ?:L Of. tiiC. C( Il ;:(1('1'BLion 11E'f'C'Uf , d'%('s 11C1'Ciiy'CCVCndRL and agree 11L.i.i1 Lhe cite of de�'ds ;ind ].^ases and "as a c(�Ver�ant :t�"r:nl.;ly; with Lhe Lsn':i ) that (1) .l;o r'_rson cn t.11� grou;lds of. r,ac colo-- , or r;atiolia•s origi shall be. excluded from paVtQipaLion ii1,. dF.'Si,iE,(i Li']C h£'1SC't7lS Of, Or Do ogle:7iSC' t'' �(�, of saie .facllitia:s, (2)- r.a in SUbjwLed Lo discri nin.,t ��n ir, it c: u.' Lli: cons tracLion of l�ii\' improvemrr its Oil, OV01 , Or U(il'li ( such 1F.^cl dCl(; tll fLri,15:11nt, i. SC;\'LCt'S LtilFr(:Q;1, n:l he �sOn G11 Lhc grOi:ncis O: race', CO LOT,. ] be e.:( 1ud(.d from 1).il't.ic:paciO:l in, denied the or national origin s,i,+ . � ,^ t Lhe of, ov oth(:r\.'iyu be Subjected Lo cl Lrinination, (0) th-„ (grantee, herlbitee, JCL(:.) si"111 use We Prnrnisc S_ in c•01nP1, fiance wit'.l all other rCgUll:cments imposed by or pursunnt to Ticle.49, ."Ode of i �'deral Repi]. Qon_ , licllart;nen;. of 1•r,-jr)spertat.ioti, Subtitle A, Office of the Secretary, fart 21, ivone:iscriminat]oil in Federally -assisted programs of the DeparLmunt of Transportation -Effectuation of Title V! of the civil Rights Act nf 064, and as said ieegulat;_ons may be amended. (Inclu,ie in licenses, !oases, perulitsi etc•)* That in the ev•2nt of breach, of any of the above nondiscrlmination r Si)UIISOI" shall 11lvVe the Tib ht to tt'-:T111;i£:i.e.. coven�lnts, (Name o, ) (license, lease, permlk, etc..) and to rn-enter aiA re-90ssess said land t. n i j (License, lease', and tl](_' f]C1l1LiC:i th(•r('�ln, and hole! t;�e.sme as if t c• � hr PerMLL, Mc.) had nvvcr been ritdti(' (�1'i:S';lell, il',Lti �rOV15L0:S shall not effective anti 1' Lh.• iir„cLdures of Ti t'le 491 Cock of Federal Regulations, P arL. 2; are LO11(i t,'�'.i t!R�] COfi,7]('t('u ir'7cluding C ert:ise or expiration Oi appeal Rghts. (liicl ude in deeds-)* 'Fhat in the C'VCnt of hl-Ctich O1 ,Illy oL Lhe abOvi'. nUndiscl'ilninatiOn covenants, (]r,R1e of sponsor) shall lluti'l: LiIC 1'ip11t tU re-enter ;cllLI land and isciliLies thE'r(•on; and the ah��ve dE'scribcd 1�Ilds and facilities ;ha:1 (- Lhercupo l ;'evert t ) Sad VCSL ]I] i11] i bucG;':1C LhC absolute prJl)Crty Ui of. sparisor) and its n si�,lis. This ptrovisiclil shall nut he cfr.(_c1 axe ant:] r [ ( Code of Federal ReW 100oils, Pt'.i t 21 axe the procedures O. i'i tic ��, � � _ . roll(!,+'(- and C(���lili 1.('(i ,ncluding exercis( Or L--diratS�in 0, aP; cal Yig �t5. r Reverter clayse (iuLelrlined LhaL the purpose cf and rc: La t c( i ~;gu. ;(: .o "C. Uah a clause Is n', cessary 'iL1C Vl Ll;e,ItCivi i tZvhts useC, only wacil is is in Cider to OfLctLIte Act Of 1964- 51 FOR%! J190-2 prC 'ious (:,ii ti.on) p ge I , me of I i i 48 pages I ERr.'IBiT. C TITLE vI li�IO�i I, LUCIEN C. PROBY, JR. , Attorney for the Board of County CO=iSSiOn ers of Ylonroe' County, Florida, -do hereby certify that as of this dame, :Monroe County, Florida, holds the property 1.:�:2reStS in t:.e nrcit..On Airport lands as set forth in Paragraph 4a, Part II, Section C, Page 3a of the Application for Federal Assistance dated Septe,..ber 4, 1931. The location of said airport lands is as s�.vC4n Gn the El�il�it A Property :yap, attached and :Wade a part of said a;plication. r Attorney \7 G Page 43 of ^V oa es Dr PP�KTMc?. L. tkN$rOK I A 1��7N FEDERAL AVIA i ION ALMi.tiiS..RA i 'ART V • ASE URANGES .The applicant hereby assures and certifies that he will c mply with the regulations, policies, guidelines and re�ui`ra^nlaris; including Office of Managenlent and -Budget. Circulars Nos. A-87, A-95, and .A• 1(J2, as tf'ii9y relate to tie ap;iC��tien, acceptance and use of Federal funds for this federally -ass sted project. Also, the appiicant gives assurance and certifies wj..h respect to the grant that: 1.. It possesseS legal autlhbrity to apply for -'the yiant, and t!o. conducting- impact_ions to C L;re compliance wi;fh ;huge finance. and construct the proposed facilities; that a resold- specifications by the, ceniractor. lion, motion 61 simil{rr action has been duly adopted or 9, 11 w':I cairse work On the project to be comnlencec with passed 3s an official act Of the applirani's governing bodb, in a ruasonab!e nme altar receipt of nOtiflci,uo;I frolhl t:Ie authorizing the filing of the application, including all under approving Federal agency that funds .lave been approvad standings and assurances contained therein, and directir?g and that.iha prOJzCt WI!i be prosecutc6- to compleUOrl `filth and authorizing the person identified as the official repr'e- reasonable diligence. sentative of the applicant to act in connection with 'L�e 10: It will not dispose of or encunli;er its title or other if application and to provide such additional information 'is interests in the site and facilities during the period of Fad - interests be required. era! intarest or whiie the Government holds bonds, which- 2. It will comply with the provision of: Exucu.tive Ord! '':r ever is t c ioni�2r. 11296, relating to evaluation of flood hazards, and Exec) - tive Order 1123$, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects. SUfni- cient funds will be available `when construction is coriil- pleted to assure effective operation and niaintenarlce Of tale facility for the purposes constructed. ) 4. It will obtain approval by the appropriate Feder) -al agency of the final working rliawin gs and specifications lie fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to )e const;uctu(I, to final coi-rlpiution in accordI accordance with file application and approved plans and specifications; that6Jt wiii submit t0 the appropriate Federal agency for prior 4'p• proval chances that alter the costs of the project, use'iof space, or functional layout; that it .till not enter into a construction co.ntract(s) for the project or Undertake otf;�'ur activities until the conditions of the construction grant p4,o- grarn(s) have been met. 5. It wiii provide anti maintain competent and adecu:7,te architectural engineering supervision and inspection at Lila construction site to insure that the completed wor'r, c6n- forms with the approved plans and specifications; Blatt ii will furnish progress reports and such other informatiori!as the Federal grantor agency may require. ?jl 6. It will operate and maintain the facility in accordance .✓,tih the rninirnut,l standards as may be required or pre• scribed by the ai)phcable Federal, State and locai agencies for the malritenar.ce and operation Of such facilities. it 7. It will give the grantor agency and the Compirolier Gen- f. . eras through any a(ithorized representative access to and dale right to examine all records, books,.papers, or documents related to the grant. 3. It will require the facility to be des.cned to comply v. tii the "American Standard Specifications for iklak,ng 3u ;d- ings and Faciiiiies Accessible to, and Usable by, the Ph lsi- cally Handicapped," 1i'Junlber All 17.1-1961, as modified 141 CFR 101.17.703). The applicant will be responsiDie !for 11. It w.il comp!y with Titie VI of the Civil R.gnis Act 01 1964 (P.L. 88-352) and in dccordan.ce with Title VI of that I;ct, no parson in the U;,t:,'d States shall, on :!la gr:und of race, color, or national origin, be excluded frOihh parl:cl;ia- iron fir;, ,)e denied Ilse benefits Of, Or be Others": se sub;ecied to diSCr Inl.r,2,L:0n Under any progiarn Or actlV.ty Tor wI11Ch fire al.;rr•cant receives Fedclal tinane:1al assistance and will Irllnla(I.otely take any me6sures necessary to effectuate th',s a�'i:erne�i. If any real property.Or structure thereon is pr0- vioud or .:n;),overi v✓ith t!.e aiC of Fe,ierai fir ancia: ass,s- iarice extended to the Appli(:ant, tltis assurati,:e S lei. OD:; - gate tl'.e Applicant, or in zinc Case O,* uny transfer Of such pro;)city, any transferee, f01. the ;rel,ud during ihu real prod illy Or structure is used .for a purpose for wfhici) the Fe(leral financia! assistance is extended or for another purpose involving the provision of s;in,;ar services or bene- fits. 12. 1z. v..�1 esta!)hsh safeguards t0 prof-.,l)It en—;7ioyees from using the,r positions for a purpose that is Or gives file ap- pearance of being motivated by a desire for private ca.n for tne:nsaives oil ethers, particularly those with Vr`.om they have far:lCy, business, or other ties. 13. It 1-;.II CO:T77iy vvith the require!nints of i-,ti« II and Title 1I i Of the Uniform Reiocation Assistance and Raai Property Acquisitions Act of 1970 P.L. 91.64a: v✓;.Icn prOVll:cis for fa.r and eCUltdbie ireain:eflt of persons G:s- placed as a resu:t of Federal and feueral;y ass.s,,ed pro- grams. 14. It %%i.i cur. -ply w;ih all re(1u:re-.e is ImYos,:c: ;)y the Federal grantor agency concerning special req are. 1ent5 Of law, program requiranlents, and other adrrlin.isira,ive re- quireillenis 3pprOVeo In accordance w.tlh Office of Manage- ment a-c. Sudgzt Circwai No. A- i02. 15. It u,i corl;siy with the provis;ons of tfhe :;tech Act which ilm_t the political activ'liy of ern,-)ioyee5. 16. It comp;y with the nlin;muin v:a a ar-,u maximum hours provisions Of the Federal Fair Labor Stdndarl:s Act, as they :.; ply to ilospita! an.CJ ed,,;at.Gnal inst.iULon em- i ployees cf State and local governments., FAA Form 5100-100 16-73) SUPERSEDES FAA FORM 5100.10 PAiIES 1 TnRL, 7 7 _ _ _ i Y'c,a J i I! I! DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Or4 3 Nd. C1 A SPONSOR ASSURANCES 17. These covenants shall become effective upon a(c,-ep!,ance by the Sponsor of an otter of Federal aid for the Projelst or any, portion thereof, made by the FA, A d shall fonsutute ; of the C Tthest jovenaris part rant Agreement thus formed.'[ ad WE remain in full force and effect throughout the useful life of the raciities developed under this 11ndecL Win any event not to exceed twenty (20) years from Lll(-. (1.4e of said acupWnce of Ain offer of Federal 'aid fur the 1'roket. How- ever., these limitations on the duration of the cok..'ellants do not apply to the covenant against yxvWslvv n9h*Any breach of these covenants on the part of the SP-11,11 mir may result in the suspension or termination of or refusal to grant Federal assistance under,FAA administered yrnann 1 .1. or such other action which may be necessary to enforce the rights of the United StaU-s under this agreement. 18. The Sponsor will operate the Airport as such iblr the use and benefit of the publk. in furtherance of this,: covenant (but without limiting' its general applicability :Tend effect), the Sponsor spi-rifically agrees that. it will keep dric Airport open to all types, kinds, and if a'. 1. 1.;, ulil:al use on fair and reasonable terms without discrililin;,tiol I't-twev'i ­h types, kinds,- ;ill(] ClaSSCS. Provided: Th.,,L thov Spomiir May CStillIES11 Such fair, ('1111al, and nut unjustly (3�iseriniiika- tory condition.-; to he met by all users or the Aiy&t ;is May bc necessary for the safe and (.011ciclit i,I)cf,ati'lli d1f the Ali-- Tiort; And 'Provided Further, That the Spwior%rti,,y pro- hihit or limit any given type, kind, or class of ae,rooi;,uLical use of the Airport A such action is nmvsary for the safe operation of the Airport or necessary to serve Veviol avia- tion needs of the public. 19 . The ',;)on.,;r,r—. W Will not grant or permit any rx 111sivo {;right I`0),- biddvn by Section :1,08(a) of Ili,- 11 Act of . I -�, " i � , i1i -.! 1, ,. 13.19(a)) :it the Airport ot)-wr airport now owned or controlled by it; h. Agrees that, in furtho.-ranc(l of the polio: of th F i AA under this c(,vi,nant, unless authoriud !I LK kPilinktra- tor, it will not, either diroctlk of-indirectly. gr:1 . tit or per- mit any poison. firm or corporation t1o, v\r:usi v right at the Airport, or it any other airport n.,w ownied of- con- Lrollal by it, tn. conduct tiny aprnn"Mol acovitivC in. Audizig, but not limited to 0"Ner Ihehts, PRIC traiai:lg, aircraft rental and sigMsvcing, aerial crop dusting, aerial advertising and surveying r rjkT "In ],.a eration.,;, aircraft salos and sorrvicvs, sn], air lourn protiucts whether c,r trot conducted in a,-njunctit.n with other aeronautical activity, repair and or aircraft, Sale of aircnlft ImMs, njid aiiy oil:61, ikilich lwr:tuse or their dircct relationship ti:wratiwi of aircraft (-;tn he regarded a< all ACriln ; full 1: :'Wtiv y. c. Agrees that it will tvrminatv any c&AKI right to engage in Be We of gas"Kne of, or!, or both. granted before July 17, 1.-62, at such an airlifort, at tho earliest renewal, cance',lation, or expiration date ailplicalill. to the agreement that ('Stahlishod the ON", 1 . 4, - USIVC I Ight.: and d. Agrc,.-s that it .vill tor-min;,to :illy 01,1%,+ VNC!!iS;V0 right to conduct an aeronautical activi! ., no ­Aexistin�� at such an airport before the grant of anil. i's,,tance under the Airport and Airway Art. 20. The Sponsor ngrecs that it will ollor;,S, III" irp,,:-L f,lr the use and lwnvRL of the puldh% -n fair 0 , 1 rvason"Fiv ,crnis, ;-,na without unjust (:iscrilrinati6n. In 'u I i3O, anCt, the covenant (hut \vitjldUt 'Ill 11 Iting its. )k::101'al aj) , pgl�cal'C . " and Me& the Spons�r ,pec-n,:,,llY co-nan',S aildI ." r , a. Thn in its Nwratkin pnd the operation of all fadi on the Airport. neither it nor any person or or ganizal. space . or facilities - thereon will ,ii-cri:"?:i against any person of class of 06­01S by- rv.Isoi-0' r, color, creel or Wonai origin in the u-zv of any of fabjllties for the public on tiro A i rpzyrt. bMat in any ;i urt-cment. contract. or oLl-cr rangenfunt undn- \kh!ch, a right or privilege .-it the is g"ant(-d to :111 l,crsun, firm, or corporation to or engage in WIN.' aeronautical activity for furni,lhi: sclWoes to the publiv at the Airport the Sponsor wM W sort and enfl)rk-e j1r0Visj0lls requiring the contractor: (1) to furnish Said service on a fain equal, and no 'Injustly -Y ,si, to ail users therv­l and (2) to charge fair, reasnnable• and not unjustly d:- pric.es for each unit or servic(.: Pl. Vi,]0,!,. 'I hal jW May lie aill-\vell to discouaLs. c. I'llal it \kill 1,,. , . t-,r grant any r:glr--L 01- il"go 'which %v"!;!-! 1,:Lte lo prccri all.," :lrll• - aircraft t on the Afrport'froni :;t ftlrlllj:t_ any ;4er\icvon its OWn Wi_,h its 1-ut ntt liwitte,' to ni"i-Aviiance rQakl d. In tl:v ovolit the Sj)WIst'r ltso',-f exert ise� any of rights an.j pri.jlvgos refOrl''d to in Tres inVOiVO-i \\'ill IIC 0-11 the s"n"? ris ;I %v(.111d tiro ;'urnishinw of sil,-h scl-vicos 1-y cot tractors 11, 1., the S;ions,�r Un,!cr the pr, vi,iong of sil,+ 11. 2_1 . Nothin;,, shall w corstrl;,-ti, pn 'lihit th t 11 L' g ra :1 t if) L� r c Ill a V, 0 N C! 0 of :i (.r to :urnish sevvic.- ;i-. tiro Airp,-i­ :'2- Th,- :fall ni:,ill!aill i:1 a S;:% ,' ;,;' >,rvio,ahle th., A:rj,�,rt and tii--i ...... -,%Ilicil are fat i::Z:os ,0640 by ow 14Kwi Matesand will M)L ;-,k1T'n.i*1 aCtiVity .with its la�v f.)r :oil That nolitin cmllminod lien, i t,, rk..jtiir,� that the Air;­rt i­ Ciinlatic c"Ild 1!;. ills .fill' :fail lliainLvilank.": And ill-ovi , 1, d -. cmlstrkscd as rclilliri:ign tl:,- Or YVP:aCL'Il!,'nL of or facilif.' \yi!alllat_�vii if- .1,:0 to :in air 'k." God of- (allor or ovylin"i. tlho clw Irld of tit,- Sp.olsor. In furlll�crallve oil' tlrii.4 VuV',aa;lt th \\.i:l havo in vffoct ;it ,Ill fill-: 1, -rating the airporCs acrt)nautici,! f;,CiliLies Nvnvv ever r,!i,uirvd. 1-vS111till airpm-t ilwlullin;: temp„r:,ry _i and ai'vilwn of affoctin, ak'ro:la:;- ,;"ai use of 11W Airl'Itort. and real property acquired 00 federal fWs- Pace 45 of Q pages .1 Go W1Jn i /�CU CMAL In r 1A i iv,. 23_., insofar -as it is within, its power and reasonable, the Sponsor will,'either by the acquisition and retention of ease- rnents or other interests' in or_rights for the use of lard or airspace or by the adoption and enforcement of zoning regu- lations, prevent the construction, erection, alteration, .or growth of any structure, tree, or other object in the :ap- proach areas of the runways of the Airport, which would, constitute an obstruction to air navigation according to thei criteria or standards prescribed in Section 77.23, as applied, to Section 77.25, Part 77 of -the Federal Aviation Regula ':or..3. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would, interfere rnaterialiv with the use, operation, or future de veioprnent of the Airport,"in .any portion of a runway ap-' procach area in which the Sponsor has acquired, or hereafter - acquires, property interests permitting it to so control the, use made of the surface of the land. 24. Insofar as it is .within its power and reasonable, the Sponsor will, either by .the acquisition and retention of easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacen to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations in- cluding landing and takeoff of aircraft. 25. The Sponsor will keep up to date at all times an airport I ayout plan of the Airport showing (1) the boundaries of thu Airport and .all proposed additions thereto, together with the boundaries of all.offsite areas owned or controlled by the Sponsor for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport fa- ciiities; and (3)' the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or mocification thereof, shall be subject to the approval of the FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of she airport layout plan. The Sponsor will not make or permit the making of any changes or alterations in the Airport o'r any of its facilities other than in conformity with the airport ir.yout plan as so approved by the FAA, if such changes or alterations night' adversely affect the safety, utility, or efnciency of the Airport. 20. All facilities of the Airport developed with Federal aid and ail those usable for the landing and taking off of craft, will be available to the United States at all times, wit! - out charge, for use by government aircraft in common with other aircraft, except that if the use by government aircraft is substantiai, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so use" may be charged. Unless otherwise -determined by the FAA, or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by government aircraft wiE "Oe considered to exist when operations of such aircraft are ir, excess of those which, in the opinion of the FAA, would unduly interfere with use of the landing area 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 each lard- ,:, i as a movement and each takeoff as a.movement) 'of government aircraft is 300 or more, or the gross accun• u- lative weight of government aircraft using the Airport ,f CAA rOri—n 5'400— 100 i4-76) '.`.;9' total movements of movernment-airCraft multi;o::ea by. gross certified .weights of such, aircraft) is in excess 0: five million pounds. 2%. Whenever so requested by the FAA, the Sponsor will furnish without cost to Lute Federal Govern,r:ent,. for Con- struction, operation, and maintenance of .facilities for ail' trailie control activities, or weatner reporting-ac vities and communication activities related to air traffic control, such areas of land or water, or estate therein, or rights in build-. ings of the Sponsor -.s the F AA­n1::y consider necessary or desirable for construction at Federal expense of spat or fa- cilities for such purposes. Tl.e approximate amounts of areas and the nature o; t e property interests ancior r 1,ts "so required will be set forth. in the Grant Agreement relating to. the Project. Such areas or any portion thereof will be made. available as provided herein w•ith,"n 4 raonths after receipt of written request from the FAA. 28. The airport operator or owner, .wiii maintain a fee and rental strue.ure.for the facilities and services being -3roviced the airport users which will make the Airport as self-sustain- ing as possible under the circumstances existing at the Air- port, tasting into account such factors as the volume of traffic and economy of. collection. 29. The Sponsor will furnish the FAA with such aI nual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or m:ay be submitted in such manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and docu- ments affecting the Airport, including deeds, leases, operation and use agreements, regulations, and other instruments, will be made available for in., ,,ection and audit by the Secretary and the Comptroller General of the United States, or their duly authorized representatives, u,,on reasonable ' request. The Sponsor will furnish to the FAA or to the General Ac- counting Oi;:ce, upon request, a true copy, of any. such document. 30. All project accounts and recorGS will .✓ ,::t , . ac- cordance with a standard system of accountingif so pre- scribed by the Secretary. 31. If at any time it is determined by the FAA bolt s:-.r-•re is any outstanding: right or claim of right in or to the Ai.aort 2ropert-v, other t}-�an those set iort,, in Part 11, p_:ra;;rgphs fa,(a),Af(b), and c), the existence of which creases an un- EE..ue ri.441. of inter99erer.ce with the operation of the Airport or the performance of the. covenants of this Pa—t, Zro Sponsor will acquire, extinguish, or modify such right or claim of right in a nianner acceptable to the FAA. 32. The Sponsor will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any- or all of the covenants nla de herein, unless by such transaction the obligation to perfor::a all such covenants is assumed by another public agency sound by the FAA to be eligible under the Act and Regulations to assu;jie such obligations and having the power, authority, and financial resources to carry cut all such obligations. i` an arrangement is made for management or 0peratio,: of the Airport by any agency or person other than t:.e Sponsor or an employee of the Sponsor, t e Sponsor wi"l reserve sufficient rights and authority to insure that the Airport wit: be operated :'nd maintained in accordance wits. the Act, tlae Ro,-ulations, and these covenants.. 33• Unless the context otherwise requires, all terms in these covenants which are defined in the Act ancuthe Regulations shall have the meanings assigned tot ter.; therein. n Pace _o of GEPAR-i;•,�i�T OF- TRANSPORTATION = .FEDERAL VILAT;OX nG�li�� ST A?IGi� 34. Exhibit ''B", Sponsor Assurance:of Non -Discrimination is attached.. 35. The sponsor will conduct its programs and operate its faciiities it accordance with the requirements olf Section 5U4 0 the ,�'iE'i ail; itat iCn Act of 1973 (29 U.S.C. 794) and will assure that no qualified ^ 'handicapped person. shall, solely by reascn c-+ iris o'r her h, :iu,c excluded from parti c-i pati on in:, be denied :` e be of i is of ; 4 .other'tnse be 'subjected to disc',riminatioo," iricludl%g disci i; in;ition I employment, under any program -or activity teat receives funds or benefits from this grant. The' sponsor-furth;nr assures t„at its programs will be conducted and its facilities operated, in compliance with all the requirements imposed by or pursuant to 4S CFR Part 27. 36. The sponsor shall provide for audit of this grant project to be rude . in accordance with Attachment P, Office of Man.ageraent and Budget Circular A-102. FAA Form 5100-100 (4-80) 37. The sponsor hereby agrees and.'covenants that any flood insurance co. aaye , required by the Flood Disaster' Protection Act of 1973 (P.L. 93-234), 4.­iti; _ respect to the buildings and/or personal property be constructed and/or acquired under this project will be purchased prior to the acquisition er construction of any insurable interest and shall be maintained during the useful life of such buildings,or personal property. 38. The grantee assures t1,at ± ti'r ll u--.derta"e an a-firilative action program, as required by i4 CFI Part 152, Subpart E, to ensure that no person shall, on the grounds ,of race, creed, color, national origin, or sex, be excluded from participating in any e,�,ployment, contracting, or leasing activities covered' in 14 CFR Part 152, Subpart. The grantee assures that no person shall be excluded, on these grounds, from participating in or recEiving the services or.benefits of any program or activity covered try this subpart. The grantee assures t�,�t it will require that its covered organizatior;s provide assurarc�s tc the grantee that they similarly will undertake-affirr'+ative acticn programs and that they will i�equire assurances fr w their suborganizations, as required by 14 CFR Part 152, Subpart E, to t..c . same effect. The grantee ag+7ees to cc,',oly With airy aff 1 rr,at ive ac,- 3 plan or steps for equal employment opportur,i ty requi red by 14 'CFR ?,,r 152, Subpart E, as part of the a•. f i ,,.at ive act ;on progran, or by a„y Federal, State, or local agency or court, including those from, a concil idtion agreemiient-, a consent decrea, court ordar, or s i Mi l ar mechanism. The gra,,tee agrees that State or local ari i rr�,uc ; v action plans will be used in, lieu of airy a-1-firr,ztive aco.ion plar, cr steps. required by 14 CFR ParC 152, Subpart E, only .en they fully meet the standards set forth° in ?! CFR i52.409. The grantee agrees to obtain a similar assurance from its covered organizations, 'and to cause then to require a s1r.lar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. oag�- g _... Page i o•- 48 page --. PROjECT SCHEDULE ACTIVITY DATA 1. En-ineer selected in accor.:ance wiL:", � 10/81 E A-102, Attachment 0. (Appraiser) 0M'Ci Ircular - 2. Submit proposed contract to ADO. 10/8i (Note: Allow two weeks for ADO review.) 3. Hold pre -design conference (Note: Allow for a minimum two week advance notification ro 11/81 ADO.) (Submit Relocation Plar.) 4. Submit Plans and Specifications, along with certification to ADO --Or FA the sponsor's certLfA 3/82 coordination. 5. Advertize for bids (Note: Allow a mini mum of 30 days for FAA.coordination of plaa6 4-08 /2 and specifications.) 4/32 6. Open bids. (Submit Appraisals). 7. Submit Recommendation for Award to ADO (Note: Allow one week for ADO review.) 4/82 5/82 S. Award Contract. 9. *Ljoid pre -construction conference. (Note: Allow for a minimum, :-,,;o week 5/82 advance notification to ALv-) 10. Issue "Notice to Proceed." 5/ 0 (Begin acquisition) Pac-e -8 o-` 4-0