Item C07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/20109
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of Supplemental Joint Participation Agreement with the Florida Department of
Transportation for additional funding for the Runway Safety Area project a the Key West Airport.
ITEM BACKGROUND: This agreement adds funding for the RSA in the amount of $490,000.00 in FY 2011, and
$100,000.00 for FY 2012.
PREVIOUS RELEVANT BOCC ACTION: Approval of Joint Participation Agreement for the Runway Safety Area project,
6/8/04.
CONTRACT/AGREEMENT CHANGES: Adds funds in the total amount of $590,000.00, for the Key West Airport RSA
project
STAFF RECOMMENDATION: Approval
TOTAL COST: $590,000.00
INDIRECT COST: None
BUDGETED: Yes
COST TO AIRPORT: None
COST TO PFC: $4,750.00
COST TO COUNTY: None
SOURCE OF FUNDS: FAA, FOOT, PFC Revenue
REVENUE PRODUCING:
No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney X
OMBIPurchasing X Risk Management X
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
AO
1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Florida Department of Transportation
Effective Date: Execution
Expiration Date: 6/30/12
Contract Purpose/Description: Additional funding for the Runway Safety Area project at the Key West
International Airport
Contract Manager: Peter Horton
(name)
# 5200
(Ext.)
Airports - Stop # 5
(DepartmenU Stop)
for B.?CC meeting on: 5/20/09
Agenda Deadline: 5/5/09
CONTRACT COSTS
Total Dollar Value of Contract: $590,000.00
Budgeted? Yes
Grant: Yes - FAA & FDOT
County Match: PFC Revenue
Current Year Portion: None
Account Codes: 404-630 134-GAKA 129
Estimated Ongoing Costs: n/a
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance,~iJ;ties, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
~on
61.1 AfJ... .J
. ent
Date Out
Risk Man:~ement
O~B.!p~~~ing
SA;fi3
JL/~Dq
( ) ()4
( ) (vf
() ~
'5iA./cfj
-=U~.Q~1.
ct;LO/O'f
---
Airports Director
L!A't / fl'
County Attorney
~_/-
( ) ( )
'iY'-(}.,/~
Comments:
STATE OF FLORI DA DEPARTMENT OF TRANSPORTATION
725-030-07
PUBLIC TRANSPORT A TIOr<
04/07
Page 1 of 4
Financial Project No,:
41253519401
(item-segment -phase-sequence)
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 2
Fund: DDR
Function: 637
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55062020628
Vendor No.: F596000749053
Catalog of State Financial Assistance Number: 55.004
Federal No.:
DUNS No.:
Catalog of Federal Domestic Assistance Number:
Contract No.: ANJ94
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Key West International Airport
3491 S. Roosevelt Boulevard, Key West, FL 33040
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 8th
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
day of June
,2004
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $715,000.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
To provide additional Department funding for the Runway Safety Area for Key West International Airport. Scope of the
project remains the same. This is a multi-year agreement with $490,000.00 allocated for fiscal year 2011.
, '
RECEIVED
f\PR 8 roD
AIRPO
EM
I,
725,030-07
PUBLIC TRANSPORTATION
04107
Page 2 of'
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by
$6,880,000.00
bringing the revised total cost of the project to $ 10,930,000.00
Paragraph 4.00 of said Agreement is increased by
$590,000.00
bringing the Department's revised total cost of the project to $ 715,000.00
3.00 Amended Exhibits:
Exhibit(s)
A, 8 and C
of said Agreement is amended by Attachment "An.
4.00 Contract Time:
Paragraph 18.00 of said Agreement June
30th ,2012
72&-030-ll7
PUBliC TRANSPORTATION
04107
Page 3 or 4
Financial Project No. 41253519401
Contract No. ANJ94
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated June
and any subsequent supplements shall remain in full force and effect.
8th 2004
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
FOOT
Key West Intemational Airport
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGNATORY (PRINTED OR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
06 Director of Transportation Development.
TITLE
TITLE
725-030.()7
PUBLIC TRANSPORTATION
04/07
Page 4 of 4
Financial Project No. 41253519401
Contract No. ANJ94
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and Key West International Airport
3491 S. Roosevelt Boulevard, Key West, FL 33040
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
To clarify Department participation in legal fees associated with environmental permitting for the project and providing
additional Department funding.
I. Project Cost: As Approved As Amended Net
$4,050,000.00 $10,930,000.00 $6,880,000.00
Total Project Cost $4,050,000.00 $10,930,000.00 $6,880,000.00
I. Fund As Approved As Amended Net
Department: $125,000.00 $715,000.00 $590,000.00
Agency: $125,000.00 $715,000.00 $590,000.00
Federal Aviation Administ $3,800,000.00 $9,500,000.00 $5,700,000,00
Total Project Cost $4,050,000.00 $10,930,000.00 $6,880,000.00
Comments:
725-030-<J7
PUBLIC TRANSPORTATION
04107
Additional Page
III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING
If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds
are programmed in the Department's Work program in the following fiscal year(s):
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0.00 FY $0.00
FY $0,00 FY $0.00
FY $0.00 FY $0.00
Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds.
Henry, Dionne G.
From:
Sent:
To:
Subject:
The job FI989HLR
Wednesday, March 25,20093:35 PM
Henry, Dionne G.
FUNDS APPROVAL/REVIEWED FOR CONTRACT ANJ94
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ANJ94 Contract Type:
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749053
Beginning date of this Agmt: 06/08/04
Ending date of this Agmt: 04/30/11
Method of Procurement:
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: SUPPLEMENTAL
Funds have been: APPROVED
55 062020628 *PT
2009
S002
*750004 *
*55100100
*00 *
100000.00 *41253519401
*088719/09
2 *0003/04
*637 *
TOTAL AMOUNT:
*$
100}000.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE} CPA} COMPTROLLER
DATE: 03/25/2009
Henry, Dionne G.
From:
Sent:
To:
Subject:
Langridge, Howard
Friday, March 27, 2009 4:08 PM
Henry, Dionne G.
FW: FUNDS APPROVAL/REVIEWED FOR CONTRACT ANJ94
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ANJ94 Contract Type: AG Method of Procurement: G
Vendor Name: MONROE COUNTY
Vendor 10: VF596000749053
Beginning date of this Agmt: 06/08/04
Ending date of this Agmt: 04/30/11
Contract Total/Budgetary Ceiling: ct = $715,1300.00
************************************************************************
Description:
41253519401;41253519401j41253519401;41253519401;
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT 10 *SEQ. *USER ASSIGNED 10 *ENC LINE(6S)/STATUS
************************************************************************
Action: SUPPLEMENTAL
Funds have been: REVIEWED*
55 062020628 *PT
2011
S002
*750004 *
55100100
*01 *
490000.00 *41253519401
088719 11
2 * /04
*637
*
TOTAL AMOUNT:
*$
490,000.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 133/27/2009
FINANCIAL PROJECT NO. 41253519401
CONTRACT NO. ANJ94
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and
Monroe County - Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
PROJECT LOCA nON:
Key West International Airport
PROJECT DESCRlPTION:
Providing additional Department funding for the Runway Safety Area at Key
West International Airport.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule
of project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable, and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding
action and the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: None
FINANCIAL PROJECT NO. 41253519401
CONTRACT NO. ANJ94
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and
Monroe County - Florida Keys Marathon Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
referenced by the above Financial Project Number.
I.
PROJECT COST:
$10,930,000,00
TOTAL PROJECT COST: $10,930,000.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA %) or $9,500,000.00
Agency Participation
In-Kind (50%) $715,000.00
Cash ( %) $
Other ( %) $
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT) (50%)or $715,000.00
Federal Reimbursable (DU)(FRA)(DFT A) ( %) or $
Local Reimbursable (DL) ( %) or $
TOT AL PROJECT COST $10,930,000.00
FINANeIAL PROJEeT NO 41253519401
eONTRACT NO. ANJ94
EXHIBIT C
AVIATION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of
Transportation and
Miami-Dade County, Aviation Department
Opa Locka
P.O, Box 0255404
Miami, FL 33102-5504
A. General
1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect
throughout the useful life of the facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items installed within a facility under a
noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the
Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive
Rights and Airport Revenue so long as the airport is used as an airport. There sha\1 be no limit on the duration of the
terms, conditions, and assurances with respect to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes
any action that is not consistent with these assurances, the full amount of this Agreement will immediately become
due and payable to the Florida Department of Transportation.
B. General Assurances
The Agency hereby assures that:
1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof,
or will give assurance satisfactory to the Department that good title will be acquired.
2. Preserving Rights and Powers:
a, It will not take or permit any action which would operate to deprive it of any ofthe rights and powers
necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the
written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding
rights or claims of right of others which would interfere with such performance by the Agency. This shall
be done in a manner acceptable to the Department.
b. If an arrangement is made for management and operation of the airport by any agency or person other
than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to
ensure that the airport will be operated and maintained according to applicable federal and state laws,
regulations, and rules.
3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual
operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating,
Joint Participation Agreement (JPA) Exhibit C
Page 1
3/13/2009
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation
of future airport hazards.
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning
ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential
aviation hazards and limitations on incompatible land uses in the vicinity of the airp0l1. The vicinity of the airport
includes all areas that will be affected by normal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local
land use regulations that would adversely affect the continued level of airport operations by the creation or
expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all
local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted
variances thereto.
5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted
into the local government comprehensive plan at the earliest feasible opportunity.
6. Airport Layout Plan:
a. It will keep a layout plan of the airport up to date showing:
(1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all
offsite areas owned or controlled by the Agency for airport purposes and proposed additions
thereto;
(2) Location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing airport facilities; and
(3) Location of all existing and proposed non-aviation areas and of all existing improvements
thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the
approval of the Department. The Agency will not make or permit any changes or alterations in the airport or
any of its facilities that are not in conformity with the airport layout plan as approved by the Department
and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency ofthe
airport.
7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport
taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a
facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market
value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of
the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of
the airport and which are directly and substantially related to the actual air transportation of passengers or property,
or for environmental or nOise mitigation pUIposes on or off the airport.
9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary
to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part
of the airport master plan. The financial plan shall realistically assess project phasing considering availability of
state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priOrIty system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated
Joint Participation Agreement (JPA) Exhibit C
Page 2
3/13/2009
Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept cun-ent as the
financial plan is updated.
10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of
the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation.
The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use
for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be
approved by the Department. The Agency will have an-angements for promptly notifying airmen of any condition
affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with
such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of
God or other condition or circumstance beyond the control of the Agency.
11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable
tenns and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public.
13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the
airport. Further, it will avoid any action that renders the airport ineligible for federal funding.
14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement
within two years after the date of this Agreement or the Department of Transportation may terminate this
Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary
shall have approval authority.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility
program project, that portion of the property upon which state funds have been expended, for the duration of the
tenns, conditions, and assurances in the Agreement without approval by the Department.
16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Depal1ment the right to disapprove the
Agency's employment of speCIfic consultants, contractors, and subcontractors for all or any part ofthis project if the
specific consultants, contractors, or subcontractors have a record ofpoar project performance with the Department.
Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and
cost of professional services.
17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport
runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies,
passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to
flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage.
18. Project Development: All project related work will comply with federal, state, and professional standards;
applicable Federal A viation Administration advisory circulars; and Florida Department of Transportation
requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace
Protection.
C. Planning Projects
If this prOject involves planning or other aviation studies, the Agency assures that it will:
Joint Participation Agreement (JPA) Exhibit C
Page 3
3/13/2009
1. Project Scope: Execute the project in accordance with the approved project narrative or with approved
modifications.
2. Reports: Fumish the Depaltment with such periodic project and work activity reports as required.
3. Public Information: Make such material available for examination by the public, No material prepared under
this Agreement shall be subject to copyright in the United States or any other country.
4. Disclosure: Grant the Department umestricted authority to publish, disclose, distribute, and otherwise use any of
the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves
airport master planning or developing an airport layout plan. This includes:
a. Providing copies, in electronic and editable format, of final project materials to the Department. This
includes computer-aided drafting (eAD) files of the airport layout plan.
b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects
described in the airport master plan or depicted in the airport layout plan. The cost-feasible financial plan
shall realistically assess project phasing considering availability of state and local funding and the
likelihood of federal funding under the Federal Aviation Administration's priority system.
c. Entenng all projects contained in the cost-feasible plan out to twenty years in the Joint Automated
Capital Improvement Program (JACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any
planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on
the part of the Department to approve any pending or future application for state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970; the Nalional Environmental Policy of 1969; FAA Order 5100.37A; FAA
Order 5050.4A.; chapters 73 and 74, F.S" when property is acquired through condemnation; and section 286.23,
YS.
2. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for the
acquisition of the land interests.
b. Securing written pennission from the Department to execute each agreement with any third party.
c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days
after completion of the review appraisal.
d. Establishing a project account for purchase of land interests.
e. Collecting and disbursing federal, state, and local project funds.
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land
purchase according to Chapter 332, F.S.:
Joint Participation Agreement (JPA) Exhibit C
Page 4
3/13/2009
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for
the land purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S.
Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the
Department within 30 calendar days to achieve normal project federal, state, and local funding shares
as described in Chapter 332, F.S.
c. If federal funds are not received for the land purchase, the Agenc y shall reimburse the Department to
achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar
days after the loan matures.
d. Iffederal funds are not received for the land purchase and the state funding share of the land purchase is
less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan
matures, no reimbursement to the Department shal1 be required.
4. New Airports;
a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning
ordinance or amending an existing airport zoning ordinance, consistent with the provisions ofehapter 333,
F.S., prior to the completion of the project.
b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and
connecting taxiway within one year of the date of land purchase.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years ofland purchase.
5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this
Agreement within ten years after the acquisition date.
6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development
purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated
with operation of the airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it wil1:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules,
regulations, and policies.
b. All design plans and specifications comply with federal, state, and professional standards and applicable
Federal Aviation Administration advisory circulars.
c. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the project plans and specifications. Such certification must
include an attestation from the Engineer that the project was completed per the approved project plans and
specifications.
Joint Participation Agreement (JPA) Exhibit C
Page 5
3/13/2009
fhe engineer snau pt:llUIUl a. LllV1VLl51.l 1'-'''.L'- H v... ......-..r-.. -'j,.....- _n__ - - - - _ __......._ _,&. ..I..........H"'-..........+l'" t1nrl 'lonu 'Jnrl ~11
determination as to their applicability to this project. Plans produced for this project shall be developed in
compliance with the applicable requirements of these standards:
. Federal Aviation Administration Regulations and Advisory eirculars
. Florida Department of Transportation requirements per chapter 14-60, Florida Administrative eode, Airport
Licensing, Registration, And A irspace Protection
. Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports
. Manual Of Uniform Minimum Standards For Design, eonstruction And Maintenance For Streets And
Highways, commonly referred to as the Florida Greenbook
. Manual on Uniform Traffic eontrol Devices
Development ofthe plans shall comply with all applicable laws, ordinances, zoning and permitting requirements,
public notice requirements, and other similar regulations that apply to the scope and location of the project.
3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work confonns to the plans, specifications, and schedules
approved by the Department for the project. The Agency assures that it will allow the Department to inspect the
work. The Department may require cost and progress reporting by the Agency.
4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of
pavement at the airport, implement an effective airport pavement maintenance management program and the
Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or
repaIred with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of
local government or are on property owned by a unit of local government other than the Agency, enter into an
agreement with that government. The agreement shall obligate the unit oflocal government to the same terms,
conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the
Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-
compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into
an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it
will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement.
Joint Participation Agreement (JPA) Exhibit C
Page 6
3/13/2009