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Resolution 166-1982RESOLUTION NO.166 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES BY AND BE- TWEEN THE BOARD OF COUNTY C014MISSIONERS OF MONROE COUNTY, FLORIDA, AND BR & R ASSOCIATES, INC. - PBSJ, INC., A JOINT VENTURE, CONCERNING ADAP PRO- JECT NO. 6-12-0037-06 KEY WEST INTERNATIONAL AIR- PORT. 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. 6-12-0037-06 Key West International 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 1. TEl COX Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By / a i By 1 IM SVA14MNCY. F:t,Y h'c ;sl Int1 .Aii i,u1 L A oj. No. 6-12-0037-01, This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of June 28 between The Board of County Commissioners of Monroe County, Florida BP, & R Associates, Inc.- PBSJ, Inc. A Joint Venture OWNER intends to accomplish the Airport Development Aid Proj�rom (ADAP) 19 82 (OWNER) and (ENGINEER). Project No. 6-12-0037-06 at Fey 1�est International Airport as described in Federal Assistance Project Application Number FYW-6 dated September 4 1981 and attached (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. r written authorization to proceed, ENGIN 1.1. General. shall• 1.2.1. Consult wt WNE clarify and define I.I.I. ENGINEER shall perform professional ser- OWNER's requiremen the Project and review vices as hereinafter stated which include customary available data. civil, structural, mechanical and electrical engineering services and customary architectural services inciden- 1.2 Advise OWNER as to the nec ty of tal thereto. NER's providing or obtaining from others data Page 1 of_48 _pages ervices of the types described in paragraph 3.3, a as OWNER's representative in connection with sue services. 1.2.3. Provide analyses of OWNER's needs, anning surveys, ite evaluations and comparative udies of prospects sites and solutions. 1.2.4. Pro 'de a general econo�t/varioanalysis of OWNER's req 'rements applicable usalter- natives. 1.2.5. Prepare a Re ort containi g schematic layouts, sketches and concept l design riteria with appropri- ate exhibits to indicate learl the considerations in- volved and the alterna 'v solutions available to OWNER and setting forth NGINEER's findings and recommendations with o ins s of probable costs for the Project, including onstr 'tion Cost, contingen- cies, allowances for aages o Il professionals and consultants, allowa es for the co of land and rights - of -way, compensa on for or damage to properties and interest and fina ing charges (all of ich are herein- after called " ject Costs"). 1.2.6. Fu ash five copies of the Report d present and reuse it in person with OWNER. /Thedes and responsibilities of ENGINEER uring y and Report Phase are amended and su le- as indicated in paragraph 2 of Exhibit A " r- cription of Basic Engineering Services an Matters". (See 8.1.1.) 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"' flt�-R�PSA, determine the extent of the Project.^Proiect 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-4ve copies of the above documents and present and review them in person with OWNER. *(1Ieans "As —Advertised" Plans and Specs.) Tht�s and responsibilities of ENGINEER du the Final Desig amended a emented Lndicated in paragra "Further De- ption o ngineering Services an s . 13 4 Furnish fiv I.S. Bidding or Negotiating Phase. e copies of the above preliminary design documents and present and review them in per- After written authorization to proceed with the Bidding son with OWNER. or Negotiating Phase, ENGINEER shall: 1.3.. Engineer $hall provide surveying services as required for design purposes. Page 2 of-4--_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 ine- the Bidding . ting Phase ed and supplemented as indica of Exhibit A "Further ion of Basic Engineering ated Matters". Engineer shall attend 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 -agF@8 40 +'F+tiflg. All of OWNER's instructions to Con- tractors) will be issued through ENGINEER who will have authority to act on behalf of O W NER,te44"9tfen1 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 Contractor(s) 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 Contractors) 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 Contractors); and receive and review (for general content as required by the Specifications) maintenance and operating instruc- 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 Contractors) 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 _48 _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 and review, that the work has progressed to the point indicated, that, to the best of ENGINEER's knowledge, 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 acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractors' agents or employees or any other persons (except ENGI- NEER's own employees and agents) at the site or oth- erwise performing any of the Contractor(s)' work; how- ever, nothing contained in paragraphs 1.6.1 thru 1.6.7, inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties un- dertaken by him in the Contract Documents. 1.6.8. Engineer shall prepare routine CI Orders as required. 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 Scrvices;eoteepi is !he eptient pro 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 on review of environmental a sments a pact statements; review and evaluation o effect on the design re quirements of the ct of an h statements and documents ed 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. 2.1.6. Investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during the course of de- sign; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and apprais- als; assistance in obtaining financing for the Project; evaluating processes available for licensing and assist- ing OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and range Page 4of48__pages audits or inventories required in connection with con- struction performed by OWNER. 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 purpeeee-cif 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 requestcd 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.I7. 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 OF 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 _ —pages 2.2.4. If OWNER designates another person to rep- resent OWNER at the Project site who is not 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 -ie Metfepo"), 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. .Zxovide field control surveys and establis - erence porn se lines (except t ent pro- vided otherwise in Ex t rt er Description of Basic Engineeri ces and e . tters") 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 — 48 — 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 R Phase wt leted and the Re mitted within the stipulated p ed in paragraph 2 of Exhibit A " Furth cription o n ineering Services a ated Matters" after authoriza t ed with that phase of services. 4.3. 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 "opinion of probable Project Cost 5;dFA'4QQ1; OR 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 -MaosFc-' after authorization to proceed with that phase of services. 4.5. ENGINEER's services under the Study and -Re- -pens-RAaea, 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- ating 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 grid -is to beill- ," 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 _4,& pages LUMP SUM METHOD OF PAYMENT SECTION 5—PAYMENTS TO ENGINEER 5.1. Methods of Payment for Services and Expenses of ENGINEER. 5.1.1. For Basic Services. OWNER shall pay EN- GINEER for Basic Services rendered under Section 1 Of RR61C. —N4.e1&aF6}as follows: 1.1. One Prime Contract. If only one p contract arded for construction erials, equipment and ser or the a oject, a lump sum fee of $ if the prime con- tract contains c us or incentive s provi- sions f ntractor(s)' basic compensation, a of $ 5.1.1.2. Several Prime Contracts. If more than one but less than 3 separate prime contracts are awarded for construction, materials, equipment and services for the entire Project, a lump sum fee of S 18, 800.00 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 2.1.1 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 f 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 amoun, billed 'a UNGINSER of -mutually agreed Lump Sum Fee amount. 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). 2.4. Resident Project Services. For resid servi construction furnishe r para- graph 2.2.1, on asis o Costs times a factor of es rendered by princi- pals and yees assigned to ffices in con - on with resident Project representati ( See 8 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs `.'.' amd. ` OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses incurred in connection with all -Bssie-and Additional 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 ofPay-rell Ga9lie- for services rendered dur- *mutually agreed Lump Sum Fee amount 1 .4. Page 9 of _4S —pages M iiig, that phase to date 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- utable to termination, which shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination, as follows: 2M if termination occurs after commencement of the Preliminary Design Phase but prior to com- mencement of the Final Design Phase; or 1017o 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 limited 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: 45.00/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; F t;tiac• o„L. t n end tr nq�� t,nn nF RPcinant 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 l 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.] 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 Project or 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 - 6- - pages i ing done so, ENGINEER shall be entitled'to 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 Law. 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 - 4$_ pages M L 7 7.5. Arbitration 7.5.1. All claims, counterclaims, disputes and oilier 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 orother 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__48 pages [This page was left blank intentionally.] i Page 14 of _ 48 —pages c M l ' Revised 4/10/79 I 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 V "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.- PBSII, Inc. A Joint Venture By: BR & R Associates, Inc. 1 By: PB C. 15 of J d Page'__ 1ig__ pages -ICE PRESIDENT I Exhibit "A" to Standard T orn� of Aarze�nent eteen owner and Engineer for Proe��iGna� SerieeS (NSPE 1910-1, 1970 Edition) Duties, Responsibilities and Limitations of the Authority Of Resident Project Rap resent XLI/a 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, R. Duties and Responsibilities. _ Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other -ob conferences as required in consultation with ENGINEER and notify those expected to attend in 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 sup erin- tendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving 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 additional details or information, when 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 or himself. i 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples which have been approved by ENGI- NEER. b. Receive samples which are furnished at the site by CONTRACTOR for ENGINEER's approval, and no- tify ENGINEER of their availability for examination. c. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGI- NEER. S. 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- quirements of the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does rot 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 should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection. c. Verify that tests, equipment and systems startups and operating and maintenance instructions a:, =ducted 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 details relative to the test procedures and startups. © 1970 by National Society of Professional Engineers, 2029 K St., N.W•, Washington, D.C. 20006 J d: Accompany visiting4, inspectors representing public. or -other agencies -having jurisdiction over the Project, record the outcome of these. inspections and report to ENGINEER. 6. Interpretation o/. Contract Documents: Transrnit to CONTRACTOR ENGINEER's clarifications and interpre- tations of the Contract Documents. . 7. Modifications: Consider -and evaluate CONTRACT.OR's suggestions for modifications in Drawings or Specifi- cations and report -them with recommendations to ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and. samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hUUrs on, the job site, weather 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 all 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 compliance 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 ENGINEER, noting par- ticularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site. 11. Guarantees, Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that guar- antees, certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and' forwarding to OWNER prior to final acceptance of the Project. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of ob- served items requiring correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a anal list of items to.be corrected. C. Verify that all items on final list have been corrected and make recommendations to ENGINEER concerning 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 superin- 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. --� 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 or in part. 7. Shall not participate in specialized field or laboratory tests. page 17 of 4,8 -,a-es TITLE VI ASSURANCES During the performance of this contract, the Engineer, for itself, -its assignees and successors in interest agrees as follows: A. Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as 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 the grounds of race, color, or national origin.in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the 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 supplier shall be notified by the Engineer of the Engineer's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports. The Engineer shall provide all information and reports required by the Regulations'or directives issued pursuant Exhibit B Page , 8 of 48 pages therete'atid shall permit access to its books, records, accounts, other_,__ sources of information, and its�f.acilities as may determinated by the sponsor (Owner),or the Federal Aviation Administration (FAA) to be pertinent'to a-scertain compliance with such Regulations, orders, and intructions. Where any information required ofa 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 payments to the Engineer under the Agreement until the Engineer complies, and /or (2) cancellation, termination, or suspension of the Agreement, in whole -or in part. e� F. Incorporation of Provisions. The Engineer shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor (Owner) or the FAA may direct as a means of enforcing 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 request the Exhibit B Page 19 of 48 gages m the'spbnsor_(Owner) to enter into such litigation to protect the interests of the sponsor (Owner) and, in addition4the Engineer may request the United States to enter into such litigation to protect the interests.of •the United States. Exhibit B Page 20 of 48_ pages k� MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES A. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have .the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the MBE 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 enterprises have the maximum.opportunity to compete for and perform contracts. The Engineer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. EXHIBIT C Page 21 of 48 pages 4 KEY WEST INTERNATIONAL -AIRPORT e - AIRPORT DEVELOPMENT AID PROJECT 6-12-0037-06 STATE FLORIDA CERTIFICATION OF ENGINEER I hereby certify that I am the President and duly authorized representative of the firm of RR & R Assnciates,Inc- , whose address is 1157 Cnrnl WnW, Miamir F1nrida 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. Date Exhibit D Page 22 of 48 pages Patrick k Rebull, P.E. President KEY WEST'INTERNATIONAL AIRPORT AIRPORT DEVELOPMENT AID PROJECT 6-12-0037-06 STATE FLORIDA CERTIFICATION OF ENGINEER I hereby certify that I am the ASST.SECRETARy 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 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. C-Z® Gt EE. PIs--RRIN Exhibit D Page 23 of 48 pages • OMo Approval No..2S�-RC210 "A ��+ ��++ �9 qp gg ^gyp p-f Fir-tJL�at1L 1 PSI`CE Z- APPLI. a• .4W. R 3. STATE a. NU6;dER I liSJ15 CANT'S EYW-6 APPLiCA. NC/A TION 1. TFPE ❑ PRERPPiIC�+TIOii p. DAie b. DATE Year month -day . APPLI- IDF-NTI. ACTION APPLICATION CATION 19 cpt "11" dg4y F1ER ASSIGNED 19 ❑ NOTIFICATION OF INTENT (Opt) Leave p( oarratr bos) REPORT OF FEDEML ACTION Blank- 4. LEGAL APPLICANT/RECIPIENT S. FEDERAL EMPLOYER 1DENT:FiCATION NO. a. Av�l;pnt vim, Monroe County, Florida 59-6000749 Board of County Commissioners b, Or;snlrationUnit : �'' - c. streot/P.O. 8oR P . 0. Box 1029 PRO_ F. NU.'.BER 12 0 a 1110 12 1 b. "TITLE ~ Key West Monroe d. City }r e. Gating : GRAM f, State Florida Q, zlP C 107 33040 (From Airport Development b. Contact Per= (Name Federal Cat4310,7) Aid Pro,,raz. h e telephone Na.) Mr. Arthur Skelly 305 296-5439 ci 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT 8. TYPE OF APPLICANT/RECIPIENT 1. Reconstruct Terminal Entrance Road A-Strto H-Coc+.munity A: ion A�enc7 B-lnter:Ute I- Hither Educational Institution a 1650± L.F. incl. 2 and 3 Lane Sections C-Substats 1-Indian Tribo t K-Other (Specify): 1 D C&Uni' 2. Enclose Existing Baggage Claim Area F-School District ii G-Special Purp000 District finte` appropriata Letter �LIJ 9. TYPE OF ASSISTANCE A-dasic Grant D-insurance G D Supplcmantai Grant E-0thar F,,;cr a-�Dro- C-Laan priate :c:tcr(a) 10. AREA OF PROJECT IMPACT (Names of cities, countiu, 11. ESTIMATED NUM- 12. TYPE OF APPLICATION &. S:atee, sic.) DER GF PERSONS I A_New C-Revis;on E-/wZmanta6m Ke West Florida y BENEFITING B-Raronal D-ontinuatian 130 K Enter appropriate:attrr 13. PROPOSED' FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For 11a cr 1°a) IA-Incrcasa Dollars F-Otbu (Spe:tify): CC NIA a. FcDERA1 13 $21 a. APPLICANTb. $0 , APPLICANT OECT PRJ b. APPLICANT 551,413 C0 15th 15th -I cry tia Duratlaa D-Docraasa Duration E-Ctncaliation e. STATE CD 16. PROJECT START 17. PROJECT DATE eea�r r{�ontA y DUR.'1T�ON Saar a7pro- I I d. LOCH .CO 19 1 10 b l 310ntha s eta t:arloi a. OTHER 10. ESTIMATED DATE TO Yoar month day 12. EXISTING FEDERAL IDENTIFICATION NUMB ,_ZR BE SUBMITTED TO 3.1$6 234 .111 FEDERAL AGENCY® 19 $1 9 4 N/A f. TCT"L 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City, State, ZIP oo,i0) 3159 1 21. REMARKS ADDED Federal Aviation Administration, ADO, P.O.Box 592014, Miami,FL Yea y No 22. a. To the bast of my knowledge and belief, b. If raqulrad by 0:43 Circular A-95 this applitatlon was submired, purouant to in- Nor., R" c-r_ 2 u data In this proappllalioa/applirAtlon are structions therein, to appropriato ploarinahousas and ell response ara sttachcd: apo+aa ottacp" GQ THE truo and correct, the document has boon S.'APPLICANT duly autharllod by the azearning body of ❑ ❑-I CERTIFIES the appliant and the anliant will comply (1) ❑ ❑ THAT >> I wittl It.; attached aauranea If the easlst- NSA anti Is opprvred. (3) ❑ ❑ a. TYPED MANE AND TITLE b. SIGNATJRE d/ a DATE SIGh'ZD ,. r Mr. Arthur Skelly, Director / a,, `+ 7RF Monroe County Airports .0"�'`r�„19$1 9 4 24. AGENCY NME 25. APPL;CA• Ycar uwr. Y .;Z:; TION R.ECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 2D. FE3ERrL A??LICATION 10'IN Ti.'-1CAT iON 29. ADDRESS 30. F _7=? a L G.",A :T 1•' IDZATIFICATIGN 31. ACTION TAKEN 32- FUNDING Year month day 34, Y.;a ar oua d:.y 'a ❑ a. kiaDED i .00 -3. ACTION DATE > 19 STARTING DATE 19 a. FEDERAL ,','f W r' b. REJECTED b. APPLICANT � OO 35. CONTACT FOR ADDITIONAL INFORMA- i 33. Year mcaA dal �j LJ TION (Name and ta:ephone nu,nbcr) DNOING ❑ A. FXMRNED FOR c. STnTE .00 DATE 19 d. LOCAL 37. RIEk:ARK:: ADDED - A1:EtiDtiE1(T CO ' a. OTHER �= ❑ d. DIFEP.RED -00 ❑ e. WITI(DRAWN $ .00 ❑ Yoa No f. TOTAL 3a. a. In taking Above eetian, any eammants rocsived from deulneousas ware -an- b. FEDERAL AGENCY .'-SS OFFICIAL slderod. 11 agency rapoom Is due under provisions of Part 1, OMB Circular A-S5. (Name and Lc:spAo%d act.) FEDERAL AGENCY It has been or Is Gina ads. I "5 ACTION - if DEPARTMENT DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A - item 1. Does this assistance request require State, local, - Name of Governing Bcdy regional, or other priority rating? Priority Rating Yes { No Item 2. Does this assistance request require State, or local Name of Agency or advisory, 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 Item 4. Does. this assistance request require State, local, regional or other planning approval? Yes. Name of Approving Agency Date R No I OMB NO. Bo-Ro{d Item 5. Is the proposed project covered by an approved Check one: State r] comprehensive plan? Local] Regional [j X Yes No Location of plan Monroe County Administrator's Office and Airport Director's Office Item 6. Will the assistance requested serve a Federal Name of Federal installation installation? Yes —No No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land or installation? Yes Name of Federal Installation Location of Federal Land— X No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? X provided. Yes No Item 9. Number of: Will the assistance requested cause the displacement of Individuals Families individuals families, businesses, or farms? Businesses Yes No Farms Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. Yes X No PART 11 — SECTION B iI. SITLS.AfID It.PROVEStENTS: Not required, x iAttsc',2d as exhibits ;<� piica:a islerds to acquire 0e site through: Eminent domain; Negotiated purchase, Otter means (specify) 12: TITLE CR OTHER INTEREST IN THE SITE IS OR WILL BE VESTEO IN: — 7 Applicant, Ajency or institution operating the facility, Ot L-r (specify) 13. CMICATE WHETHER APPLICANT/OPERATOR HAS: Fee simple title, Leasehold interest, Other. (specify) 14. IF APPLICANVOPERATOR HAS LEASEHOLD INTEREST, GIVE THE FOLLOWING INFORMATION: N/A a.,Len-h of lease.or other estate interest , and number of years to run b. Is lc3se renewable. Yes No C. Current appraised value of lard S d. Annual rental rate S 15. ATTACH AN OPINION FROM ACCEPTABLE TITLE COUlEL DESCRIBING THE INTEREST APPLICANVOPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST IS LEGAL AND VALID. 15. WHERE APPLICABLE, ATTACH SITE SURVEY, SOIL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS. A 17. WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF IMPROVING EXISTING SITE TOPOGRAPHY. Id / A 18. ATTA H PLOT PLAN 19. CONSTRUCTION SCHEDULE ESTIMATES: Not required, X Being prepared, Attached as exhibits Parcenia3e of completion of drawings aid specifications at application date: Scher, -'tics % Preliminary 0 Final Q TARGET DATES FOR: 26 1/4/82 Contract Award 1 //82 Bid Advertisement Construction Completion 7/26/82 Occupancy 8/2/8 21. DESCRIPTION OF FACILITY: Not required X Attached as exhibits Drawings — Attach any drawings which will assist in describing the projact- Specifications— Attach copies of completed outline specifications. (If drawings and specifications have not been fully completed, please attach copies or working drawings that have been (;ompleted.) MOTE: ITEMS ON THIS $MEET ARE $ELr-E[ILAMATOAT; TMEREfOAE, NO iMiTAUCTIQNS ARE PROVIDED. FAA Fv,5100-100 16-731 sUPERseD¢s FAA roptm 5100-10 ?c.�Q 3 Page 26 of 48 pages DEPARTMENT OF TRANSPORTATION,— FED-ERAL AVIA710t A-DMINISTRATIGN. oMS NO.04-RO209 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use: —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Various land' use controls have taken place near the airport and in its runway approaches in the form of use and hi;ht zoning ordinances and comprehensive plans; the Monroe County Zoning Dept. is the agency charged with enforcement of these ordinances including the incor- poration of the ACUIZ study which has been adopted as part of the County9s land use controls in the vicinity of the airport. (See Continuation sheet attached) 2. Defaults. —The Sponsor is not iii default on any obligation to the United States or any agency of the United State: Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: The Sponsor is not in default. 3. Possible Disabilities. —There are no facts or circum!zianres (including the existence of effective or propo�eci leaze:, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: There are no facts or circumstances which could prevent the Sponsor from completing the project. 4. Land. —(a) The Spon-or holds the folluN%inL1 property interest in the following areas of land* which are to be developed or used as part of or in connection with the 4irport, sulvct to the folloHina exceptions, encumbrances, and adverse interests. all of A-h:ch areas are identified on the aforementioned property map designated a; Exhibit -"A": LAND OWNED IN FEE BY MONROE COUNTY:, Parcel 1 (153.9 + AC); Parcel 2 (2.5 + AC); Parcel 3 (8.1 + AC); Parcel 4 (43.2 + AC); Parcel 5 (17.0+ AC); Parcel 6A (44.3 + AC) LAND UPON WHICH MONROE COUNTY HAS AVIGATION EASE: -ENT: Parcel 6 (41.5 + AC). :;onroe County, Florida, owns the title to the lands subject to leasehold interest of the concessionaires located at the Airport terminal, leasehold interest of the fixed base operator, the FAA and National Weather Service, and individual" leasehold interests at the Key 'Test International Airport. *State character of property interest in each area and list and identif). for earh all exceptions, encumbrances, and adverse interests Of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4•76) Pale 3a pages Page 27 of �8 PART II - SECTION-C 1. Land Use Compatibility Assurance Section 18(4) of the Airport Act requires an assurance, satisfactory to the U.S. Secretary of Transportation, that appropriate action 1-.as been or will be taken to the extent reasonable, to restr.ic:. the use of land adjacent -to or in the immediate vicinityof the airport to activities and purposes compatible with normal airport operations, including the' landing and takeoff of aircraft. This assurance is the responsibility of the Sponsor of the Airport, and in the case of Key West International Airport, the -Monroe County Board of County Commissioners. .In actual fact, the Board, outside the purchase of land in fee simple or easements, can do little'to directly control the use of land bayond the airport property. However, there are several steps the Board has taken and will continue to take to provide the required assurances. These are (1) the continued purchase of land or avigation easements for buffer zones and compatible development, (2) publication of noise contours and cooperation with impacted. local City government 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 land use zoning as well as zoning for height and hazards, and (4) continued development of noise abatement plans and procedures for the airport in cooperation with local City government, the FAA, airlines and community leaders. As a result of the preparation of an environmental impact assessLient report for planned development at Key West International Airport and review by the public, the Board and the zoning and planning staff, the Board intends to continue to ma:. -le the community aware of its proposed airport projects and their probable impacts. Tall structures and hazards to air navigation have been successfully controlled to date in the airport environs by the Mlonroe 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 consider methods to limit the impact of aircraft noise on the surrounding community. Recognizing that the control of flight operations is a shared responsibility (the FAA, air- lines, the pilot, and the Board), the Board will initiate the refinement of abatement procedures for consideration by the affected parties. SUMMARY OF SPECIFIC BOARD ACTIONS TO PROVIDE COMPATIBLE LAND USE ASSURANCES Upon review of comments received from the public and local agencies together with ongoing programs by the Board and others within the community, the following Board actions are provided as land use control assurances: - Purchase of land or avigation easements for buffer zones and compatible development (presently underway); - Publication of noise contours and cooperation wit:. the local City government to assist in the development of compatible zoning (presently underway)-; Pc,:�e 28 of 48 -Dnges M - Continue to sponsor public involvement sessions covering development of the airport' and incompatible land uses in aircraft approach zones (presently underway); - Continue to cooperate with local land planning departments in developing a long term program of off airport land use planning; - Make available all data to developers and lendin- ins:itut'.O-S on impacts to surrounding land use from airport -.elated noise or operational procedures. A mechanism shall also be devised for periodically conveying updated information to these e.:t.ties. By pursuing the above course of action, the Board believes it can assure the FAA that it is doing everything within its power to control the use of land to activities compatible with the operation of the airport. In accordance with the Comprehensive Land Use Planning Act of 1976, the Board of County Commissioners of - Monroe County, Florida, commissioned the preparation and adopted said plan on.January 30, 1979. r Page 29 of 48 pages OMB NO. 04-RO209 DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATIOADMINISTRATION PART 11 - SECTION C (Continued) The S�>orsor further certifies that the above is based on a title examination by a qualified attorney or title company and that arch attorney or title company has determined that the Sponsor holds the above property Interests. (h) The Sponsor will acquire within a reasonable time, but in any *vent prior to the start of any constructior.-wcrk L :ccr the I'ra ect, the following property interest in the fullowino areas of land on which such construction work is to le perior, d, all of Xch areas are identified on the aforementioned property map designated as Exhibit "A": N/A �,c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the c roject, the following property interest in the following areas of lard which are to be developed or used as part of or in - connection with the Airport as It will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": N/A S. Exclusive Rights. —There is no rant of.an exclusive right for the conduct of any aeronautical activity at an)' air?Or, owned or controlled by the Sponsor except as follows: No grant of exclusive right for the conduct of any aeronautical activity exists at Key West International Airport owned by Monroe County. ¢State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse in:crez:.r Of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. pw,3 3b FAA Form 5100-100 (4-76) OMB No. SO-R013• DEPAR_tMENT OF TRANSPORTATION -.FEDERAL AVIATION ADMINISTRATION PART III - BUDGET INFORM -A_} ION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic. Assistance Catalog No ............ . 9c log . 2. Functional or Other Breakout ................... . N/A SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification 1ILZI INV. "Tern. Entr. "Encl. Bag-aoe Rd." i Area" 1. Adi-ninistration expense $ 500.00 S . 500.00 2_ Preliminary expense 3 , 000.00 1 500.00 3.. Land, structures, right-of-way -0- -0- 4. Architectural engineering basic fees _ 7,500.00 8,800.00 5. Other architectural engineering fees 6. Project inspection fees 1,000.00 2)139.00 7. 18. 19. Land development Relocation Expenses Selocation payments to Individuals and Businesses -0- -0- -0- ;0. 11. Demolition and removal Construction and project improvement _0- 75,408.00 rl 2. 13. i 14. Equipiaent Miscellaneous Total (Lines 1 through 13) -0- -0 89 547.00 15. ! 16. I 17. 18 19 Estimi3ted Income (if applicable) NN/A filet Project Amount (Line 14 minus 15) Less: lnek.alble Exclusions Add: Coitingencies Total Project A,,t (Excluding Rehabilitation Grants) -0- 89,547.00 -0- I 4,713.00 94, 260.00 I 84,834.00 20. Federal Share requested of Line 19 -0 21. Add Rehabilitation Grants Requested (M Percent) 22. Total Federal grant requested (Lines 20 & 21) 84, 834.00 j23. Grantee share 9,426.00 -0- l S 94 , 260.00 I 24. Other shares 25. Total project (Lines 22, 23 & 24) FAA Form 5100-1100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 1,000.00 2,996.00 -0- -V- _0_ -0- 73,579.00 -0- -c- 87,375.00 -0 Total Amount Required S 1,00.0.00 3,500.00 -0- 16,3G0.00 - 2,000.00 5,135.00 -0- -0- -C- 148,987.00 -0- I -c- 87,375.00 i176 922.00 -0- I -0- 4,599.00 9,312.00 91 974.00 186 234.00 45,987.00 430,321.00 45 987.00 1,130 821.00 45,987.00 55,413.00 S 91,974.00 S186,234.00 ?ago • DEPARTMENT bF TRANSPQRTATION FEDERAL AVIAT104 ADMINISTRAT SECTION C.-- EXCLUSIONS OMB NO. BO-R 0 16 4 1 26 Classification Ineligible for Participation Excluded from I Contingency Provision 21 Ic I 1 d a. i i f. I g. Totals _ S —0 • I —�— i 1 i SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE I 27. Grantee Share S a. Securities b. Mortgages I C. Appropriations (By Applicant) 1 i d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Airport General Fund 55,413.00 h. TOTAL — Grantee share 55 , 4.13.00 28. Other Shares I a. State b.Other i c. Total Other Shares II I 29. TOTAL IS 55,413.00 I SECTION E — REMARKS ! I � Attachments: - Exhibit A — Property Map Exhibit B — Project Title VI Assurances Exhibit C — Attorney's Title Opinion I ` I PART IV PROGRAM NARRATIVE (Attach — See Instructions) I�I J FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 r'G j,: 0 FAA. FORM 5100-100: PART IV - PROGRAM NARRATIVE KEY WEST INTERNATIONAL AIRPORT.` MONROE COUNTY KEY WEST, FLORIDA _ Key West International Airport is located in Monroe County, adjacent -to the City of Key West, Florida at Latitude 24 33' 22" N and Longitude 31 35" W The airport has experienced a healthy growth rate, both in operations and co�r�nercial passengers, since 1970. The existing airfield and terminal were: constructed about twenty-two years ago, and have remained essentially the sale except for minor safety improvements. The objectives of the proposed improvements (as part of the Five -Year Develop- nient Program) are to relieve terminal area/landside congestion and increase capacity and safety in order to maintain the viability of Monroe County's airport system. The method of accomplishment of these items of development and their benefits are as follows: ITEM 1. RECONSTRUCT TERMINAL ENTRANCE ROAD In conformance with the approved airport master plan study and air- port layout plan, the proposed project consists of approximately 1650 + LF of entrance roadway including 2 and 3 lane sections. The present roadway system and configuration is severely dete- riorated and unsafe. Insurficient site distance off Roosevelt Boulevard (due to its curvature) creates a safety hazard to both ingress/ egress airport traffic. Internal circulation will also be improved thereby relieving on -airport traffic congestion, particularly during arriving flights. Taxie/limo lanes and passenger loading/ off-loading lanes will also be provided. ITEM 2. ENCLOSE EXISTING BAGGAGE CLAIM AREA The principal purpose of this project is to secure the presently open breezway baggage claim area which separates the east and west wings of the terminal building. The presently open area leads directly to the aircraft parking rai-ap and active operations area. Full-time security guards are now required in order to keep unauthorized persons from either deliberately or inadvertently passing through the chained off baggage claim area. Also, the project will alleviate baggage congestion by providing additional space as well as providing a secured baggage claim check point. Monroe County will participate in the National Flood Hazard Insurance program and will acquire the necessary terminal building insurance coverage up to the required $200,000 maximum limit. The eligibility of Monroe County to receive assistance under the Airport Development Air Program has been fully established by previous ADAP and PGP projects. FAA Order 1050.1C Appendix 6 has been reviewed with the determination that the proposed projects as described in this application for federal assistance do not require an Enviromental Impact Assessment or Finding of No Signi.icant Impact per Paragraph 25f (exempted actions). Po The proposed projects as described in this application for federal assistance rave been coordinated and discussed. with the air carriers and fixed base operators -using the Rey West International Airport. li ll� / PROTECTED BY COUNTY .aIRFORT / ZOP.ING ORDINANCE E L 3 S 61.40'22"E _ _ , 74.35' NRG-2T'19 E -.y i r 4 S /008' 12'E,249.12' —. ARCEL o�' I� — -'. C ZONE S8 04 48 Ax3900305. 7 21.3' ol" .. Le 263.06' el •.� �`� . y► _ � 2 000' — en 1 SOG•2T'19'W_ I S VSO' 1S'E i 140.42' f. 5 54.48'14'w } 130.0' 3 S21001'43•E ,449.10' r S 726 qt' 39' W 7Q 6.6� t PARCEL 2 MEAN LOW LONG TERM LEADS WATER LINE DO 94M® ftW "MAN .07At-a/aorsi i© «40 A 00r•, rwe AN 44.-1.n Z, fO aaAw °'T R7W 7bryRY- K lM Lti 91 M - t 130 / 02 © 4s1 I ifa4 . �p/}A4 -----A V I G A T l O N E A S E_ M E N T rJ ►LOP," ��.,�, �. .�.. - -- PARCEL 6 — 85.807 ± OM TE""a awrcr us, ar wr",ne t13, NOTE: THE AVIGATION I,000 o EASEMENT l.000 DESCRIBED BY PARCEL 6 INCLUDES PARCEL 6A. SCALE I"= 1,000, THE COUNTY HAS MADE APPLICATION FOR THE REMAINDER OF PARCEL 6 IN FEE FROM G. S. A_ KEY WEST INTERNATI KEY WEST, FL 'N 80025' 53" W 849.39 D F • 1 PARCEL 5 OBTAIN'ED AS SURPLUS FROM U.S. GOVER!riENT .By [SEED DATED MARCH 21, 1956. PARCEL 4 OBTAINED FROM U.S, GOVERNMENT UNDER FAAP'9-08-030-0604 NOTE (1);THERE ARE NO TANG IABLE EASEMENTS OR OTHER ENCUMBRANCES WHICH }COULD PREVENT THE SPONSOR FROM ASSUMING THE'OBLIGATIONS OF FAR PART 152 AND THE GRANT AGREEMENT•, -PA RCEL 6� 2Tej.o� 32 od E S 1347. 9 4' E `— Sp6+32'28"E z ' CLEAR ZONE _ R U N W A 0. 1% PAR_ ��---- 6 A 2524 -p9 9 1+44' S4' E is _ - ---- r-- 51T�'4•pb"M 400.21' Sb2'4� cEvE�1 _ 80ULEVAR12 41A Sol).00 � S T R A / T S -- LAND OWNED IN FEE BY COUNTY .PARCEL I - 153. 9 Ac ± PARCEL 2 - 2.5 Ac. + PARCEL 3 - 8.1 Ate± PARCEL 4 - 43.2 Ac_± PARCEL 5 - 17.0 Ac. ± PARCEL GA- 44.28Ac.± TOTAL 268.98Ac± NOTE' PARCEL 6A ACQUIRED BY THE. COUNTY ON APRIL 4, 1974 AS SURPLUS . FROM G S.A. ,e, EXHIBIT "B" SPONSO°. ASSUitANCE TO ACCO;L :-.`IY PROJECT APPT ICAT ON DATI ED 9-/4_/3' FOR A GkANT OF FUNDS FOR THE DEVELG?:,C:•iT OR I_ iff— OVA:rFNT 0: 161E KEY WEST INTERNATIO\".L •=-��:1'G�:i The BOARD OF COUNTY CO21,LMISSIONERS OF MONROE COUNTY, FLORTDA .(hereinafter referred to as t.lhu "sponsor") HEREBY AGREES T11.T as a co.zuition to receiving any Federal f iiiancial assistance from Lhe Department of Transpor- tation it will comply wiLh.TiL1e VI of the Civil Rights Act of 1964, 73 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 200'0d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,. Department of Transportation, Subtitle ,,, Office Of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Pro;rzras of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations"), to tho end that in accordance with. the Act and Regulations no parson in the United States shall, on the grounds of race, color, or national on. -in, be excluded from participation in, be deified the benefits of, or be'othenaise subjected to discrirsination under any progra.n or activity for wilich the sponsor receives Federal financial assista-nce from the Department of Trans- portation including the Federal Aviation Administration, a:.d HEREBY GIVES ASSURANCE THAT it will promptly take any -measure:; necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations. more specifically and without limiting the above general assurance, ti:e sponsor hereby gives Lhe following spe:.ific assurances with respect to ADAP Project No. 6-12-0037-06 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, Win be (with regard to a "prograri,") conducted, or will be (with regard to a "facility") operated in compliance with all requirer,.ents imposed by or pursuant to the Regulations. 2. T►iat the sponsor shall insert the following ;notification in all solicitations for bids for work or ;material subject to the Regulations and ;.aide in connection will; ADAP ProlucL \o. 6-12-0037-06arc, in ak:aptea tuna in all proposals for negotiated a.reecnents: The (Name of sponsor), in occordance with Title VI of the Civil Ri�,hts Act of 19,-4, 78 Stat. 252, 4l U.S.C. 2000d to 2000d-4 and Tit.ti- 149, Code o£ Federal 1?9ulations, 'I',epartment of Tran-,,poruation, Subtitle A, Of -`ice of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of th(2 1)cp;iruient of Transportation is:,ued pursuanL to such Act, hercLy notifies all bidders that it will affirmatively inure that i:: any contract entered into P _,� 36 of48 pursuanq to this advertisement, minority business enterprises will be -afforded full opportunity to submit _bids in response to this invitation and will.not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the sponsor shall. insert 'the clauses of Attachment 1 Of tl:is Lssurance in every contract subject to the Act ar.d the Regulations. 4. That where the sponsor receives Federal financial assistance to coa;truct a facility, or part of a facility; the assurance, shall :extend to th�_enLire facility End facilities oporated in connection tho.rewita. 5. That where the sponsor receives Federal financial assistance in the fo:zn, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. : 6. That the sponsor shall include the appropriate clauses set -Forth in Attachment 2 of this assurance, as a covenant running with the lard, in uny future deeds, leases, permits, licenses, and similar agreer,a nts entered into by the sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved under the Airport Development Aid Program of the Federal Aviation Administration, and (b) for the construction or use of or access to space on, over, or under real property_ acquired, or improved under the said Airport Developrnnnt Aid Progran. 7. That -this dssurance obligates Lhe sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal Financial assistance.is Lo provir;e, or is the form of, personal property, or real property or interest thercin or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is 1J used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 8. The sponsor shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable gua-,3ntee that it, oLker sponsors, Sub granteeS, CO traCtOrs,•Sub- conLractors, transferees, successors in interest, ar,� other participants of Federal financial assistance under such program will comply with ali requirements imposed or pursuant to the Act, the Re;ulations, and this assurance. SO FORM 5LOO-2 (1-74) (Supersedes previous edition) Page 2 Page 37 of 48 i._des ID. Tw o: anreaa that az Umitad States has a r-ieht to �vQok With ra;;ard t.a any zaLtc;; ;nisi; utzcsor ti:Ac� ; Lhe fa givQn La cowsidarstioa of and for the purpoza of =-y and all vcdcsal W,c Via, loans, cc^Crlcts, property, othar Fadaral fia=-ZL31 assiatzaca e: tanded aftcT 6-e 63ta � rc—;Zak to tb4 Zi ou&or by tha psrZ :. t of 'sraawportatioa u::cer the Dev;;Ict Aid Vro ram of tLs Fadoral Aviation A:minf9tz3ti0n Lt, corcractoaa, =-bcontractors, trsr.Sfa:Qea, wccca�asa &� Lawre st &ad other particip,, .ts is the ADAP Project NO. -12-00I7,-' j _�5 a pa--�,au as 2araons to oza signatures appear aat-har a� ed to sign this azzuranca on behalf of the sponsor. WITO �) 9/4/81 BOARD OF COUNTY COMIMISSIONFRS MONROF COUNTY FLORIDA ' - �gponsor Dv, ED Atti.c =aat® 1 a:,d 2 b y Signature of Ai horized Official —Sponsor) �y (.Sipliature of Authorized Official) Pa Page 38 of 48 pages ATTACHMENT MENT 1 Duria,; the performance of this contract, tine co :tractor, for itself, ita assignee's and successors in interest (hereinafter =,3farrzd to "contractor") agrees as follows: 1. Compliance with Regulations The contactor shall coc.)ly Wit;s the 1?e„ulations relative to nondiscrimination in r adarally-aJJ:Jc:to progrcnz of the Depart wnt of Transportation (hcreir.a�te,-r, "IOi") title 49, Code of Federal -:�egulationa, Part 21, as t5sy may bo----nicd tc time, (hareinafter referred to as the Regulations), which are ho ein incorporated by reference and made a part of thia contract. 2. Nondiscrimination. The contractor, with regard to the txrk performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials ,and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Sec:io.n 21.5 of the Regulations, including employnient practices whoa the contract covers a program set forth in Appendix B of the lisgulations. 3. Solicitations for Subcontrac Ir_c:udir•� Materials a.•ad Equip:renL. In all solicitations either by cc;�patitive bidding or negotiation made by the contractor for unrk to be perro�,�ed under a subcontract, including proc.uremicaits of m-L;teriuls or leases of equi?ment, each potential subcontractor or supplier shall be notified oy the contractor of the cont:ractor's obligations under this contract and the Regulations relative to nondiscrimination on the g:o,:rldS Of ,e, race, color, or national origin. 4. Information and Reports. The contractor shall provide all info raation and reports required by the re-ulations or dlractivcs iasuad pursuant thereto, and shall per --nit- rccass to tts bogs, rcccrds, accounts, other sources of informaLion, anti its fscilities as ,.ay be determined by the sponsor or the: Federal AvLLtion istration to be pertinent to ascertain compliance with Such Re�u'-IaLions, CrGe:rs, i,riv instructions. Where any iniornaatio',1 required of a contractor is in the exclusive possession of anol.lier kilo fails or ':c:fusas L'o furn.sh this information the contractor shall so certify to the sponsor or t:,e Federal Aviation'Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Page 39 of 48 pages ,: -- -- I `�, aJ 5: Sanctions for Noncompliance. In the evcn,� of tine contr'ac'tor' z no►cc.,.pliance with the nondiscriminattion provisions of this contract, tha goonsor shall impose such contract sanctions as it or the Federal Aviation administration may determine to a appropriate, including, but not limited to -- a. withholding of payments to the contractor under the contract until the contractor complies, and/or b., cancellation, termination, or suspension of the cc;.tr:act2 in whole or in part. 6. incorporation of Provisions. The contractor: shall incluGe tilt provisions of paragraphs 1 through 5 in every subcontract, inclLdi::� procurements of materials and leases of equipment, "unlesz exe.rigt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to azy subcontract or procurc7= t as the sponsor or the Federal Aviation Administration may di --eat a3 in scans of enforcing such provisions including sanctions for rscn- com liance: Provided, however, that, in the event a contractor becomas involved in, or is threatened with, litigation with a zubcontractor or supplier as a result of such direction, the contr:;ctor may -request the sponsor to enter into such litigation to protect t o interests of the sponsor and,.in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 40 of 48 pages SO POFLM 5100-2 (1-74) (Sup,v -odies previous edition) P;a,,e 5 o�. ATTACM-12NT .2 The following clauses_ shall be included in all deada, licen; av; l.e4zeA, permits, orsimilar instruments entered into by the (.,ume of 3p o-, 3Qr) pursuant to' the -provisions of Assurance 6(a). The (grantee, licensee, lessee, pe-nnitee, etc., za appror;,i.rte, fQ himself, his heirs, personal reoresentativea, successors in ir_:3ccvt, -ad, assigns, as a part of the c.ousideratioa hereof, doas hereby covenant and a-ree (in the case of deeds and leases add "as a covenant unailn„ with the land") that in the event facilities are constructed, ::maintained, or otherwise operated on the said .property described in this (deed, license, lease, permit, etc.) for a purpose for wihich a Department of Transportation program or activity is extended or for another purpose involvira the provision of similar services or benefits, the (grantee, licaaaee, la3see, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirws--nts imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federaily-assisted programs of the Department of Transportation -Effectuation of Title. 7I of the Civil Rights Act of 1964, and as said Regulations L--3y be eraEd. (Include in licenses, leases,"perMits,;etc.)k That in the event of breac.;1 of any of the above nondiscrimination covenants, (1dame of sponsor) shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said icna and the facilities thereon, and hold the s=e as if said (license, lease, per-mit, etc.) had never been made or issued. This provision 11311 not 1, be effective until the procedures of Title 49, Code of Federal Rzt ulatioas, ;art 21 are followed and cou;pleted includi:iZ exercise or c::.pi::.taon Of appeal ri,hts. (Include in deeds.)* That in the event of breach of cony of the above nondiscrimination covenants, (`ane of sponsor) shall have the right to re-entor said and facilities thereon, and the above described 1,,rds an.i facilities shall thereupon revert to and vest in and bccc,n.! the absolute prc;,e.ty of (N, =,e of spuasor) and its assigns. This provision shall not be effective until the procedures of Title 49, Code of Federal ,e:gulatio:•:s, Part 21 are followed and coulpieted including exercise or expiration of appeal ri,,hts. The following shall be inc.ludc:d in all deeds, licenses, leases, permits, or similar agreements entered into by (Name of sponsor) pursuant to the provisions of Assurance 6(b). I Pace 41 of 48 pages OThe (grmritee, licensee, Lessee.', perrr►itee, etc., as appropriate) for himself, -.his personal'repres'entatives, successors in interest, and assio:.s, .' as a ,rt of the consideration lrefcof, does hc'rehy covenant and agree (in Lhe case of deeds and-�lcas.es add "as a covenalnt rtmn.i.ng with the '_End") tha t (1) no person on the grou,�ds of. race, color, or national..orioin shall be excluded from participation in, denied the benefits of, or -be otherwise subjected to discricicivat.ion in 't.he use of said facilities, (2)- that in the construction �f .�cuy improveme:lts on, ov.cr, or u��der such land end the fur-nishing Of sere ices thereon,. no person on the vrounds of race:, CO1C�, or rational origin shall be e�:c:luded from pait�icipation in, denied the benefits of, or otherwise be subjected to c)Jscrir;ination,.�3) that the (-rnntee, licensee, les-ce, permitee, elc.) shall use the premises 4.71 compliance with all other requirements imposed by or pursualit to Tide w9, Code of Federal Regulations,,DepartmeriL of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscriminationin Federally-assisC�d programs of the Department of Transportation-Fffectuation of Title VI of the Civil nights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nor..:lscrimination covenants, (Name of sponsor) shall have the right to terminate the (license, lease, permit, etc.) and to re-cnLer and repossess said land and the facilities thereon, and hold the same as if :aid (license, lease, permit, etc.) had never been made or issucci. This provis_or.' shall not be effective until 010 procedures of Title 49, Code of Federal 2eculations, Part 21 are followed and completed it7c.luding exercise or expiration or appeal rights. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, (Name of sponsor) shall lave the right to re-enter said land r, and facilities thereon, and the about described lands and facilities Shall thereupon revert to and vest in and become the absolute property of (-I of sponsor) and its assigns. This provision shall noL be effective u:ltii the procedures of Title 49, Code of Federal Regulations, Part 21 axe followed and completed including exercise or e}:pirat;on o.`. appeal rights. * Reverter clause and related language to be used only wizen it is determined that ouch a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. SO FORM 5100-2 (1-74) (sir- rscdes previous edition) Page 7 1l TITLE OPINION I, LUCIEN C. PROBY, JR. , Attorney for the Board. of County Co=issioner's of Monroe County, Florida, do hereby certify that as of this date, Monroe County, Florida, holds the property interests in the Key West International Airport lands as set forth in Paragraph 4a, Part II, - Section C, Page 3a of the Application for Federal Assistance dated September 4, 1981. The location of said airport lands is as shown on the Exhibit 'A' Property Map, attached and made a part of said application. Attorney September 1 1981 date Page 43 of 48 pages 'e, DEPARTMENTOF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION .. i PART V ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A=95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally -assisted project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolu- tion, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all under- standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with 'the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control,'and abatement of water pollution. 1 3. It will have sufficient funds available to meet the non - Federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com- pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specification's be- fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior.ap- proval changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant 'pro- gram(s) have been met. I . 5. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction. site to insure that the completed work ';con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. It will operate and maintain the facility in accordance With the minimum standards as may be required or, pre- scribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller,Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with- in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- ever is the longer. 11. It will comply with Title Vi of the Civil Rights Act of 1964 (P.L. 88.352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement; If any real property or structure thereon is pro- vided or improved with the aid of Federal financial assis- tance extended to the Applicant, this assurance shall obli- gate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene- f i ts. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the ap- pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, bus"ness, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation � Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons dis- placed as a result of Federal and fed=_rally assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accordance with Office of Manage- ment and Budget Circular No. A-102. 15. It will ooinc 'v %%`th the risio , 4, DEPARTMEN—k OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PON' OR ASSURAriCES 17. These covenants shall become effective upon acceptance by the Sponsor of an offer of Federal -kill fol- the Pro VC t or any portion thereof, made by the FAA and shall constitute a Part of the Grant Agreement thus formed. These covktnant,-, shall remain in full force and CIT0Ct throughout the useful lire of the facilities developed under this Project, but in allY event not'to exceed twenty (20) years from the dale of said acceptance of all offer of Federal aid for the Project. How- ever, these limitations on the duration of the covenants do not, apply to the covenant against exclusive right.,2:*Any breach of these covenants on the part of the Sponsor may result. in the suspension or termination of, or refusal to grant Federal assistance under, FAA administered prog,ranis, or such other action which may be necessary to enforce the rights of the United States under this agreement. 18. The Sponsor will operate the Airport as such for the use and benefit of the public. In furtherance of this ctivenant (but Without limiting its general applicability and (!tfect). the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical ;use on fair Lind reasonable terms without discrimination lit-twcell such types, kind.,;, and classes. Provided; 'that Lilt' Sponsor may establish such fair, equal, -and not uiljtlsLl), discrimina- tory conditions to be met by all users of the Airport as, inay be necessary for the safe and efficient Operation of the Air - Dort; And Provided Further, That the Sponsor may ' y pro- hibit or limit any given type, kind, or clas of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil avia- tion needs of the public. 19. The Sponsor — a. Will not grant or pvrinit any vNc1tvivv ri{: t for- bidden by Section 309(a) or Olt- Federal A%-iALi(:n Act or 11158 (49 U.S.C. 1341d(a)) at the Airport, or at any other airport now owned or controlled by it; .b. Agrees that, in furtherance of the policy of tliv FAA under this covenant, unless authorized by the Administi.;L- tor, it will not, either directly or indirectly. grant of, per- mit any person, firm or corporation the exclusive right :it the Airport, or it any other airport now Owned 'or con- trolled by it, to conduct any aeronautical activ:.;-ics, in- cluding:, but not limited to charter flights, pilot"i%liftilig, aircraft rental and sightseeing, aerial phot, g,-apliY. crop dusting, aerial advertising and surveying, air varricr Op- eraLions, aircraft sales and services, sale Of ;L%'i;ltioil 111-trIl- leu;n product., whether or not conducted in conjunction with other aeronautical activity. repair and maintenance of aircraft, still- of ;lire " r.kft parts, :tit(] any -tl;.-r iw:ivitios which berause Of their curvet rol;iti-or,hip to the oI,vr:ltiwl of aircraft (-;ill lit, 't-vgar-licil :is :ill :11-0.1iNO, 1, :11 c. A_,re(--; that it will tClMillAtV Wiv "XisLillg ;-Iht to engage in the Fall, of oil, 111' ItO01. ,i granted b,'ro JUIV 17. 111112, at such ;tn ;.irport". ;it Ow earliest or vxpir;t i,, ,I :at,- aq.qdi,-Aldv to the agrvenit-rit, Lhat vslaldi,iwd lilt, vxchi -ivo iix;ht_: :1110 d. Agrees that it will Lvi-minaLc any -ilhvr right to conduct ;in aeronautical activity now't:xistinj4 tL such ,lit airport before the grant of ant, assist; undt.l. the Airport and Airway lh-vviopniviii. Art 20. The Sponsor agrees that it will i-porall, 0- AirpOrt, Cw' the use and heliviii. Or Lilt- public, on fair and rc;l"ollai'll. OMB NO. 04—RO.': tern -is, and wit'hout unjust discrimination. in furthoranco- � o the covenant ki,-,.L %%:LYi,)ut liMiLilIg its 901`101%tl pl',cahiiit the specincally covvr,:.rnts and algree,: Thi n t� op at in a -el the operation. of all facilitit' . I ' vi%Ltion on the Airjl�,rl. :,.v;,hcr it nor any poi -son ir org;Lnizat.it-, ock-upying s;,;Wv -I- facilities thereon X%.;;l (ilm-rinlircit against anv ill' ck-, of person., 1-y reason of rail ioior, -herd, 0I' T11Lti0II1Ll origin in tht' use of any -'Of "I facilities 111-OVIJ01 for the public on the Airport. 1). That in ;,11%. contract, !case, or other rangernunt uritivi, %% hrich a right or privilege at the A!: ,:4 granted t,, anY person, firm, or corporation - c Or engage ill ;01Y :.tll'011.iutical activity fOr fu;,:I:* services t., the puiti:e at the Airport, "he Sit( nsor .%-I: sort and enforce prwvisi.ns reqj;iring the corltr:,ct.Qr: to s;titl service or. a fair, equal. and ii:4criminatory basis to a'! users tht're and (2) to cl,;,r;t,: t';tir, reasonable, and not unjustly tit Cr;111111;1101". prices for each unit or service: Pr. Vidt"i. '1111:0 the contractor may be ;Llillowed to n1:4 siqjjjlal- types of prick- l'-*dllCL1,,l1, I voltill"c pllcllascr.,. c. That it x'III Not- cNCl'CiSC or --rant any r::ht or priv ilt!gc which W,,Ulki operate to prevent any person, firm 4, corporation . raft on the Airpo: from per forming any serxl,cs on Its Own \%:Lh :"s (,%\ ull"Ph.-yees Itut, not, lilllitl.-d to ni:.intC!I:t!ICV :if--' repair) tll:,L it :it;,%- choose to perform. In 1010 evolit tilt. Spollsol• iL nit oxcrci�cs any of tit rights :111ki privilt.j.:"s referred to in sub>k"lloll it, the svr% ices involved will 'lie ))rOVi6L'd 011 the same t-jitlitio its would apIlIv to the Of SUC11 SO'-\_;"S It% tractors or concession;,ires Of the Sponsor ull�:vr the visions of 21. Nothin;,, r-mained herein shall he to P! ilij.1f, the gl,jjlti,g . v.\,rc;s, of if:-, exclusive right for t- furnishing it,* nwi:kviation Products and supplies Of' Zlll\• eV: we of . a : linture .I' to obli:;lt! tl-v Sponsor furnish any . :it the Airp,-r' 22. The Airp,,rt an," all :%wilities th'.r.— ;Oid Collr'xctod which 'e 1IOCC1�;'I'V 10 S(11,\*,- ot"c" t1l';111 ties .\Vf;.,: !tY and wili ;i,,L permit :t::. at-tivit.N. Lhol"'.0. w..uld interfere with its ll�v for :I: I J)"r" purpo:-,: Cd. Tl-.at he require that the 1-o OPer;tt- ltiring It'll; 1'\' Wht'll tit ;MY to an ;t( G.d th, . ...... it V011:1 11 1. lit Ls 0.1 II it I' s ;W I't 111 L It L facilities W r C f v front I I i I I condition :,irlllon Of ally condition affectill, tit 0%1 and real property acquired wi th ifederal funds. Page 45 of 48 pages FAA Form 5100 — 100 Page lv : DEPA TMENT,,OF TRAN5?0RTATI0N - FEDERAL AVIATION ADMiNiSTRATION . r . 23. insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of ease- ments or other interests in or rights for the use of land 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; the criteria or standards prescribed in Section 77.23, as applied to Section 77.25, Part 77 of the Federal Aviation Regula- tions. In addition, the Sponsor will not erect or permit; the erection of any permanent structure or facility which would interfere materially with the use, operation, or future de- velopment of the Airport, in any portion of a runway, ap- proach area in which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so controls 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 adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operation; in- cluding landing and takeoff of aircraft. 25. The Sponsor will keep up to date at all times an airport layout plan of the Airport showing (1) the boundaries of the 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- cilities; 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 modification 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 the airport layout plan. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might adversely affect the safety, utility,, or efficiency of the Airport. 26. All facilities of the Airport developed with Federal aid and all those usable for the landing and taking off of; air- craft, will be available to the United States at all times, with- out charge, for use by government aircraft in common with -other aircraft, except that if the use by government aircraft is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, .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 will be considered to exist when operations of such aircraft are in 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 land- ing as a movement and each takeoff as a movemen1t) of government aircraft is 300 or more, or the gross accumu- lative weight of government aircraft using the Airport OMB NO. 04-RO209 (the total movements of government aircraft multiplied by gross certified weights of such aircraft) is in- excess of five million pound's. 27. Whenever so requested by the FAA, the Sponsor will furnish without cost_ to the Federal Government, for con- struction, operation, and maintenance of facilities for air tratl9c control activities, or weather reporting activities 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 as the FAA may consider necessary or desirable for construction at Federal expense of space or fa- cilities for such purposes. The approximate amounts of areas and the nature of the property interests and/or rights '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 within 4 months after receipt of written request from the FAA. 28. The airport operator or owner. will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the Airport as self-sustain- ing as possible under. the circumstances existing at the Air- port,'taking into account such factors as the volume -of traffic and economy" of collection. 29 • The Sponsor will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may 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 inspection and audit by the Secretary and the Comptroller General of the United States, ur their duly authorized representatives, upon reasonable request. The Sponsor will furnish to the FAA or to the General Ac- counting Orn;ce, upon request, a true copy of any such document. 30• All project accounts and records will be kept in ac- cordance with a standard system of accounting if so pre- scribed by the Secretary. 31. If at any time it is determined by the FAA that there is any outstanding right or claim of right in or to the Airport 4u,roper y, other than those set forth in Part II, paragraphs (a),I'(b), and4(c), the existence of which creates an ur.- e ri k of inters rrence with the operation of the Airport or the performance of the covenants of this Part, the Sponsor will acquire, extinguish, or modify such right or claim of right in a manner 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 made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the FAA to be eligible under the Act and Rcguiations to assume such obligations and having the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for management or operation of the Airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with the Act, the Regulations, and these covenants. 33- Unless the context otherwise requires, all terms used in these covenants which are denned in the Act and the Regulations shall have the meanings assigned to them therein. FAA Form 5100-100 (4-76) Page 46 of 48 pages Page 8 DEPARTMENT OF ,TRANSPORTATION = FEDERAL AViATiON ADMINISTRATION 34. Exhibit "B", Sponsor Assurance of ion -Discrimination is attacicd,. 35.. The sponsor will conduct its programs and operate its facilities in accordance with the requirements of Section 504 of the -Rehabilitation Act of 197"') (29 U.S.C. 794) and will assure that no qualified handicapped person shall, solely by reason of his or her hanQicap 1,12 excluded from participation in, be denied the 'e, f i ,,s of, or otherwise be subjected to discrimination, including discrimination in : -- e.iipl oyment, under any program or activity that receives funds or benefits from this grant. The sponsor further assures that its programs will be conducted and its facilities operated, in compliance with all the requirements imposed by or pursuant to 49 CFR Part 27. 36. The sponsor shall provide for audit of this grant project to be made in accordance with Attachment P, Office of Management and Budget Circular A-102. FAA Form-5100-100 (4-80) 37. The sponsor hereby agrees and covenants that any flood insurance coverage required by the Flood Disaster Protection Act of 1973 (P.L. 93-234), with respect to the buildings and/or personal property be constructed and/or acquired under this project will be purchased prior to the acquisition cr construction of any insurable interest and shall be maintained during the useful life of such buildings or personal property. 38. The grantee assures that it will undertake an affirmative action program, as required by 14 CER Part 152, Subpart E, to ensure ti,at no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment, co;�tracti;.g, or leasing activities covered in 14 CFR Part 152, Subpart E. 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 by this subpart. The grantee assures �.at ,el it will require that its covered organizations provide assurances to the grantee that they similarly will undertake affirmative action programs and that they will require assurances fr ca their suborganizations, as required by 14 CFR Part 152, Subpart E, to tV.e same effect. The grantee agrees to coolply with any afri,rr,.ative action plan or steps for equal employment opportunity required by 14 CFR P :rt 152, Subpart E, as part of the affirmative action procjra1, or by any Federal, State, or local agency or court, including those resulting fron a conciliation agreen-,ent, a consent decree, court ordar, or similar mechanism. The grantee agrees that State or loc::l aff i r,,,at i ve action plans will be used in lieu of any aff i r.,ativa act ion plan or steps required by 14 CFR Part 152; S.:upart E, only wren that' fully meet the standards set forth in 14 CFR 152.409. The grantee agrees to obtain a similar assurance from it-s crnrered organizations, and to cause theii to require a similar assurance of their covered suborganizations, as required by 14 CFR Part 152, Subpart E. Page 9 -- ---- Page 47 of 48 paves G E PROJECT SCrEDULE ACTIVITY 1. Engineer selected in accordance with OM3 .Circular A-102, Attachment 0. (Appraiser)_ 1G/8i 2.. Submit proposed contract to ADO. (.tote: Allow two weeks for ADO review.) 10/8i 3. Hold pre -design conference (vote: Allow for a minimum two week advance notification to 11/81 ADO.) -(Submit Relocation Plan) . 4. Submit Plans and Specifications, along with the sponsor's certification to ADO for FAA coordination. - 3/82 5. Advertize for bids (Note: Allow a minimum of 30 days for FAA coordination: of plans 4/82 and specifications.) 6. Open bids. (Submit Appraisals). 4/82 7. Submit Recommendation for Award to ADO (Note: Allow one week for ADO review.) 4/82 8. Award Contract. 5/82 9. Hold pre -construction conference. (Note: Allow for a minimum two week 5/82 advance notification to ADO.) 10. Issue "Notice to ?roceed." 5/82 (Begin acquisition) i Page 48 of 48 pages .