Okaloosa County BOCC — April 1, 2014 — Bob Sikes Erosion Control JPA and Resolution — reading text

States or any other country. 22, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-185 EXHIBIT “C” oGe - 0308 AVIATION PROGRAM ASSURANCES Rage 7 0f9 d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible pian in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any pianning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: lf funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the iand purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-18 EXHIBIT “C” AVIATION AVIATION PROGRAM ASSURANCES Page & of @ d. New Airport: if this project involves the purchase of real property for the development of a new airport, the Agenicy assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with ail applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 24, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 728-040-156 EXHIBIT “C” oAMATION AVIATION PROGRAM ASSURANCES Page 9 0f8 (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shail enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the agreement. b, Private Agreements: For noise compatibility projects on privately owned property, (1} The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 728-080-06 EXHIBIT D PUBLIC TRANSPORTATION 04/08 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: «® (See Attachment 1) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific faw, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1, 3. STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 AVIATION $50,000.00 Compliance Requirements 1. See Attachment 1 Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance