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4.10.18 PacketReduced
NANTUCKET MEMORIAL AIRPORT COMMISSION April 10, 2018 Agenda 1. Announcements a. This Meeting is Being Both Audio & Video Recorded 2. Review and Approve: a. Agenda b. 3/16/18 Draft Minutes c. Ratify 3/21/18 and 4/4/18 Warrants 3. 041018-1 Public Hearing to Consider Proposed Revisions to Airport’s Rates and Charges 4 Public Comment 5. Pending Leases/Contracts as Set Forth on Exhibit 1, which Exhibit is Herein Incorporated by Reference 6. Pending Matters a. 011315-2 General Fund Repayment Proposal and Discussion of In-Kind Services b. 061317-2 Brookfield Asset Bridgetown LLC Sub-Lease to FedEx Corp c. 050916-1 Crew Quarters Development 7. 041018-2 Declaration of Surplus Property - 10 Sun Island Road 8. 041018-3 Commission Policy on Non-Aeronautical Lease Land Appraisal & Fair Market Value Cap Increases 9. 041018-4 Draft FY18 3rd Quarter Update 10. 041018-5 MassDOT ASMP Grant Awards & Associated Grant Assurances a. Install Fencing Around Electrical Vault - $70,000 b. Construct Seasonal Hold Room and Gates - $142,500 c. Rates and Charges Study - $80,000 11. Manager’s Report a. Project Updates b. RFP/Bid Status c. Operations Update d. Statistics e. Personnel Report 12. Commissioner’s Comments 13. Public Comment 14. Executive Session – G.L. c.30A, §21 (a) a. Review ES minutes of 5/28/13, 9/10/13, 1/14/14, 2/25/14, 3/11/14, 3/25/14, 6/24/14, 4/14/15, 5/12/15, 8/11/15, 9/8/15, 12/8/15, 2/9/16, 9/13/16, 12/13/16, 1/10/17, 5/11/17, 6/13/17, 7/11/17, 8/8/17, 9/12/17, 10/10/17, 11/14/17, 12/12/17, 1/9/18 and 2/13/18 for possible release; and 3/16/18 for review and possible release, and b. Clause 3: To discuss strategy with respect to pending litigation in respect to Airport Improvement Plan (AIP) projects. The Chair has determined that an open session may have a detrimental effect on the litigation position of the Airport Commission. Public Safety Facility 1st Floor Meeting Room 4 Fairgrounds Road 5:00 PM Town of Nantucket NANTUCKET MEMORIAL AIRPORT 14 Airport Road Nantucket Island, Massachusetts 02554 Thomas M. Rafter, Airport Manager Commissioners Phone: (508) 325-5300 Daniel W. Drake, Chairman Fax: (508) 325-5306 Arthur D. Gasbarro, Vice Chair Anthony G. Bouscaren Andrea N. Planzer Jeanette D. Topham AIRPORT COMMISSION MEETING March 16, 2018 (Re-Scheduled due to Weather Cancelation on March 13, 2018) The meeting was called to order at 3:00 pm by Chairman Daniel Drake with the following Commissioners present: Vice Chair Arthur Gasbarro, Andrea Planzer, Anthony Bouscaren, and Jeanette Topham. The meeting took place in the 1st floor Community room at the Public Safety Facility, 4 Fairgrounds Rd. Nantucket MA. Airport employees present were: Thomas Rafter, Airport Manager, David Sylvia, Safety & Compliance Officer, Jamie Sandsbury, Business & Finance Manager, Janine Torres, Office Manager, and Katy Perales, Administrative Assistant. Mr. Drake announced the meeting was being audio and video recorded. Mr. Drake asked for comments on the Agenda, hearing none, the Agenda was adopted. Mr. Bouscaren made a Motion to approve the draft minutes dated 2/13/2018. Second by Ms. Planzer and Passed unanimously. Ms. Topham made a Motion to ratify the 3/7/2018 Warrant. Second by Mr. Bouscaren and Passed unanimously. Pending Leases/Contracts – Mr. Rafter presented for approval the following lease, catering license, beach license, license agreement, and contracts: Nantucket Regal Group LLC d/b/a Crosswinds Restaurant – Awarded Restaurant and General Concession Lease in the amount of $156,520 annually. Five year term with one 5- year renewal option. Lease includes use of former gift shop space for a seasonal “grab and go”, as well as an option for a future food and drink facility inside the hold room. Also includes FBO catering for 25% catering fee Additional Fees include Annual Business Fee and percent gross receipts over $3M. A Taste of Nantucket- Catering agreement for FBO catering services for an Annual Business Fee in the amount of $1500 plus 25% catering fee. Go Figure Barre Studio- Beach license for Nobadeer Beach exercise class for an Annual Business Fee in the amount of $1500. New England Aircraft Detailing- License agreement for aircraft detailing services for an Annual Business Fee in the amount of $1500. MHQ, Inc.- Replacement Contract for the purchase of an F150 truck for $30,098. Vehicle is in production and the original contract expired on March 1, 2018. This is a capital expenditure that is eligible for 80% reimbursement from a Mass DOT ASMP Grant. 3/16/2018 Airport Commission Meeting Page 2 of 5 Jacobs Engineering- Contract change order to Task #1 for $4,611 to add the study of the perimeter fence move near the UPS lot. This is an operating expense. Mr. Gasbarro made a Motion to approve the lease, catering license, beach license, license agreement, and contracts as presented. Second by Mr. Bouscaren and Passed unanimously. Public Comment None Pending Matters – Mr. Rafter reported on: 011315-2 General Fund Repayment Proposal and Discussion of In-Kind Service- Airport Administration reviewed the FAA determination with the Town of Nantucket, Finance Director. The Finance Director will be making an appeal to the Compliance Division of the FAA. Airport Administration has not been updated of any change. 061317-2 Brookfield Asset Bridgetown LLC Sub-Lease to FedEx Corp-Sub-lease was submitted to Airport Administration. Airport Counsel is currently reviewing to ensure - conformity of term dates to master lease. 050916-1 Crew Quarters Development- Annual Town Meeting article has been submitted to change the zoning to “Commercial Neighborhood” to align with the development plans. 091217-2 T-Hangar Discussion – Airport Administration has begun the analysis depicting the advantages and disadvantages of the different management options available to the Airport upon expiration of the current lease in November, 2018. Staff will meet before the May Commission Meeting to review information. When the draft analysis is complete Mr. Rafter would like the Long Range Planning Subcommittee to meet to discuss prior to presenting to the full Commission in May or June . 121217-1 Discussion of Grant Assurances Rights and Obligations- Annual Town Meeting (ATM) Article No. 65 that, if approved as written has the potential to violate the terms of our Grant Assurances with MassDOT (Mass Department of Transportation - Aeronautics) and the FAA (Federal Aviation Administration), received a negative recommendation from the Finance Committee. The proposed Article would subject the Commission to the Town of Nantucket’s personnel policies, contradicting M.G.L. Chapter 90 which places airport personnel under the control of the Commission. Finance 031318-1 Review & Discuss Airport Debt Service - Mr. Rafter reviewed the Airport Debt Schedule as of January 1, 2018. The document identifies each debt service project and in what fiscal year each debt service will be complete. Airport administration’s objective is to continue to reduce the debt service and adjust how funding of new capital projects is done so that debt service is for a shorter time period. 031318-2 Review & Discuss ATM18 Budget Transfers – Mr. Rafter reviewed the list of transfers that are included in ATM Article No. 13 and 28. This includes the Stabilization Fund, Fuel Revolving Fund, and Retained Earnings for eight capital projects. 031318-3 Review & Discuss Potential Changes to Airport Rates & Charges- Mr. Rafter reviewed the 2018 draft changes including the format change from the current document. A Public Hearing will be held at the next Commission meeting, April 10, 2018. The Public Hearing will give the public an opportunity to comment on the proposed changes. Airport Administration asks 3/16/2018 Airport Commission Meeting Page 3 of 5 for Commissioner comments by March 23, 2018. In addition to the proposed changes a rates and charges study will be conducted this year to determine our alignment with industry standards. Discussion: Mr. Drake received clarification regarding the proposed bag belt fee as an ongoing maintenance fee and not a reimbursement of installation. Mr. Gasbarro is concerned about: o the annual vehicle parking fee being the same as a tie-down fee which includes a parking spot for an airplane and vehicle. o TBD (to be determined) GPU fee may take away from the noise abatement program Mr. Drake is concerned with the reference to “Amount in Lieu of Taxes.” 031318-4 Ratify Airport Union Agreement, 7/1/2017-6/30/2020- Mr. Bouscaren made a Motion to ratify the Airport Union Agreement dated 7/1/17-6/30/2020 as presented. Second by Ms. Planzer and Passed unanimously. Manager’s Report – Mr. Rafter reported: Project Updates Vault Room – Remaining portions of the project have been broken down into three parts: vault, generator, and fencing. Vault and fencing is expected to be completed by the end of May. Generator is expected to be completed in the fall. The Airport has applied for an ASMP (Airport Safety and Maintenance Program) MassDot grant for the fencing portion of the project. Public Address/Flight Information Display System projects (PA/FIDS) – Contractor has resumed work and anticipates that the project will be complete by the end of April. Airport Administration, Infax, and Jacobs will meet to discuss financials. Ramp Area 3- Contractor will add the seal coat in the spring to complete the project. Geometry Analysis –McFarland Johnson has begun the project and report is due in May. Restaurant Enclosure – Building permit has been approved and the Notice to Proceed will be issued and completed within 45 days. Additional Capacity o Expanded Hold Room- Received one awning bid that was rejected for not submitting required forms requested in the IFB (Invitation for Bid). IFB will be restructured and put out to bid a second time. Electrical and Fire Proofing portions will be simultaneously put out to bid. o 5th Positon for Commercial Parking on the Apron- Jacobs is has developed a plan. Next step will be to work with Airport staff on placing markings and obtain FAA approval. o Additional airline Podiums and Relocation of Podiums- Airport Maintenance crew built an additional gate podium and added lighting to the JetBlue counter. Airport Administration is working with IT consultant to realign all the data cables. Back wall signs have been hung. o Ticket Counter Reallocation and Relocation- Some airline ticket counters are being reassigned based on their market share. Airport Administration and the Maintenance Department will collaborate with the airlines to complete project. ASMP MassDOT Grant Applications- Additional funding may be available through this grant process. The airport applied for grant funding for the security vehicle, portion of the hold room, fencing for the vault work, and the completion of the rates and charges analysis. RFP/IFB Bid Status – Mr. Rafter reported the RFP’s being worked on include: 3/16/2018 Airport Commission Meeting Page 4 of 5 Bunker Road/Sun Island Land Lease RFPs- Bunker Road RFP is out for the third time and proposals are due March 30, 2018. Hangar 5 RFP- Airport Counsel reviewing Flat Roof Building- Draft for Expression of Interest has been completed and approved by the Town’s Chief Procurement Officer. Gas Station RFP- Airport Gas was awarded the lease. Airport Counsel reviewed changes Airport Gas is requesting to the lease. Meeting with Airport Gas will be scheduled to continue negotiations. Paint Removal and Pavement Markings IFB- Bids are due in April 4th and project will be completed by May 5th. This is a joint bid process with MVY, HYA, and PVD airports. Operations – Mr. Rafter reported: Maintenance crew are constructing four gates for the expanded hold room with an expected savings of $20,000 to the airport from doing this internally. Maintenance staff were able to rebuild and replace cabinets in the fire station following a pipe burst. Staff training on drone operations is being looked into in conjunction with the Massachusetts State Police. Airport Administration is consulting with Airport Counsel to update the airline leases for next season to make them consistent. Existing lease agreements will be used for the 2018 season. Operations, Maintenance, and Security Staff performed well in the past snow storm with a number of challenges that were presented including generator failures, power outages, equipment failures, and gate failures. The efforts of our staff enabled the airport to have a quick recovery and become operational quickly. A reporter from the Inquirer and Mirror visited the restaurant space and asked interviewed Mr. Rafter regarding the restaurant improvements and proposed lease with Nantucket Regal Group, d/b/a Crosswinds. The re-scheduled FAA-required full-scale emergency drill will be April 12, 2018. Annual Town Meeting starts April 3, 2018. Statistics – Mr. Rafter reviewed the January 2018 statistics: Operations are down 22.3% from January 2017; and down 11.7% from last FYTD. Enplanements are up 28% from January 2017; and down 2.8% from last FYTD. Jet A Gallons are up 62.7% from January 2017; and up 6.6% from last FYTD. Jet A Gallons are up 18.8% from February 2017. AvGas Gallons are down 5.8% from January 2017; and down 17.8% from last FYTD AvGas Gallons are up 6.8% from February 2017. Freight is down 29.29% from January 2017; and up 6.86% from last FYTD. 0 Noise Complaint was filed for January 2018 compared to 1 in January 2017. Personnel Report – Mr. Rafter reported: Interviews are taking place for the open Maintenance position. Bob Tallman submitted formal notice that he will be retiring in May 2018. Airport Administration are interviewing applicants. Position has been re-categorized the position as an Airport Security Terminal Facilities Director. Commissioners Comments Ms. Topham shared that she was able to tour the terminal and was happy with the updates to the ticket counters and podiums. 3/16/2018 Airport Commission Meeting Page 5 of 5 Public Comment None Having no further business for Open Session, Mr. Gasbarro made a Motion to go into Executive Session, under G.L. Chapter 30A, Section 21A, not to return to Open Session, to review Executive Session Minutes as enumerated on the Agenda; Clause 3 to discuss strategy with respect to collective bargaining. The Chair has determined that an open session may have a detrimental effect on the bargaining position of the Airport Commission; and under Clause 6 to consider the lease value of various leases. The Chair has determined that an open session may have a detrimental effect on the negotiation position of the Airport Commission. Second by Mr. Bouscaren and Passed unanimously, by the following roll-call vote: Mr. Gasbarro – Aye Ms. Planzer – Aye Mr. Drake- Aye Mr. Bouscaren- Aye Mr. Topham- Aye Meeting adjourned at 3:50 pm. Respectfully submitted, ___________________________________ Katy Perales, Recorder Master List of Documents Used 3/13/2018 Agenda including Updated Exhibit 1 (Handout) 2/13/2018 Draft Minutes (Handout) 3/7/2018 Warrant Signature Sheet Nantucket Regal Group Lease (Passed Around) A Taste of Nantucket Catering License Agreement Go Figure Barre Studio License Agreement New England Aircraft Detailing License Agreement (Handout) MHQ Truck Equipment Contract Jacobs Engineering Supplemental Agreement Non-AIP Task Order No. 1 Contract 1/1/2018 Airport Debt Service 3/2018 Nantucket Memorial Airport All Fund Balance Snapshot Updated Nantucket Memorial Airport Rates and Charges 2018 Draft Changes (Handout) Airport Union Agreement, dated 7/1/2018-6/30/2020 January 2018 Statistics 1 Nantucket Memorial Airport Rates and Charges 2018 Draft Revisions 1. AERONAUTICAL FEES I. Signatory Terminal User Signatory is defined as having an annual lease in the Terminal that meets Airport established minimum standards and providing year-round service. The Airport currently has 2 signatory Terminal Users: Cape Air and Rectrix Airlines. a. Business Operating Fee $1,500.00 annually, or any part thereof. Non-refundable. b. Counter and Office Space $40.00 per ft2 per year. Minimum of 250 ft2. c. Common Use Square Footage $10.00 per ft2 per year. d. Amount in Lieu of Taxes Annual Assessment as Determined by the Town of Nantucket. e. Fuel Discount Jet A: Retail less $0.95. AvGas: Retail less $0.50. f. Ramp Position Overstay Fee To be determined in subsequent revision. g. Bag Belt Makeup Fee To be determined in subsequent revision. h. GPU Fee $? i. Boarding Ramp/Stair Use Fee $? 2 j. Landing Fee Landing Fee Assessment = 72.5% * ((MGTOW/1,000)*2.75) Existing Current Signatory Terminal User Landing Fees: Cessna 402: $13.50 King Air 300: $30.94 k. Ramp Fee Ramp fees are waived for Signatory Terminal Users. l. Penalty for Operating Without Agreement Additional $1,000.00 per month, or any portion thereof. m. Other Fees Signatory Terminal Users are subject to other elected/required Aeronautical fees as listed under Heading VI – Use, Service and Administrative Fees, as well as other elected fees under Section 2. – NON AERONAUTICAL FEES. 3 II. Non-Signatory Terminal User The Airport currently has 4 Non-Signatory Terminal Users: jetBlue, American, Delta, and United. a. Business Operating Fee $1,500.00 annually, or any part thereof. Non-refundable. b. Counter and Office Space $40.00 per ft2 per year. Minimum of 250 ft2. c. Common Use Square Footage $10.00 per ft2 per year. d. Amount in Lieu of Taxes Annual Assessment as Determined by the Town of Nantucket. e. Ramp Position Overstay Fee To be determined in subsequent revision. f. Bag Belt Makeup Fee To be determined in subsequent revision. g. GPU Fee $? h. Boarding Ramp/Stair Use Fee $? i. Landing Fee Assessment Landing Fee Assessment = (MGTOW/1,000) * 2.75 j. Ramp Fee Ramp Fees are waived in lieu of a Seasonal Ramp Access Fee k. Seasonal Ramp Access Fee $3,000.00 per month of operation, paid in advance. 4 May – September operations require a 4-month minimum payment. l. Penalty for Operating Without an Agreement Additional $1,000.00 per month, or any portion thereof. m. Other Fees Non-Signatory Terminal Users are subject to other elected/required Aeronautical fees as listed under Heading VI – Use, Service and Administrative Fees, as well as other elected fees under Section 2. – NON AERONAUTICAL FEES. 5 III. FBO Users – Scheduled Service This category includes operators utilizing the FBO that provide “Scheduled Service” as defined under 14 CFR 110.2 utilizing aircraft with passenger seating capacity of 9 or fewer seats. Operators may be Part 135 Commuter or Part 135 On Demand. Current known operators of this service include Tradewinds, Tailwinds, Reliant, and Spectaculair, with further determinations ongoing. a. Business Operating Fee $1,500.00 annually, or any part thereof. Non-refundable. b. Penalty for Operating without an Agreement $150.00 per aircraft turn. c. Landing Fee All aircraft <6,000 lbs MGTOW: $5.00 per landing All other aircraft: Landing Fee Assessment = $30.00 + ((MGTOW-6,000)/1,000))*2.75 All Landing Fee weights are MGTOW as determined by Manufacturer. d. Ramp Fee Ramp Fees are per Trip, for a Max 24 hr period. Category (MGTOW - lbs) Fee 0 - 6,000 $10.00 6,001 - 9,999 $50.00 10,000 – 24,999 $110.00 25,000 – 49,999 $330.00 50,000 – 99,999 $550.00 >100,000 $750.00 e. Other Fees FBO Users – Scheduled Service are subject to other elected/required Aeronautical fees as listed under Heading VI – Use, Service and Administrative Fees, as well as other elected fees under Section 2. – NON AERONAUTICAL FEES. 6 IV. FBO Users This category includes transient Part 91 General Aviation operators and Part 135 On Demand operators not providing a “Scheduled Service as defined by 14 CFR 110.2 Part 380 Charters require advanced coordination with Airport operations. a. Landing Fee All aircraft <6,000 lbs MGTOW: $5.00 per landing. The ramp Fee for aircraft <6,000 lbs is waived with the purchase of 10 gallons of fuel. All other aircraft: Landing Fee Assessment = $30.00 + ((MGTOW-6,000)/1,000))*2.75 All Landing Fee weights are MGTOW as determined by Manufacturer. b. Ramp Fee Ramp Fees are per Trip, for a Max 24 hr period. Category (MGTOW - lbs) Fee 0 - 6,000 $10.00 6,001 - 9,999 $50.00 10,000 – 24,999 $110.00 25,000 – 49,999 $330.00 50,000 – 99,999 $550.00 >100,000 $750.00 c. Fee Waiver All landing and Ramp Fees are waived for Military/Government/Medical related (MedFlight, Angel Flight, etc.), Holidays for Heroes, and Flight School Operations. d. Other Fees FBO Users are subject to other elected/required Aeronautical fees as listed under Heading VI – Use, Service and Administrative Fees, as well as other elected fees under Section 2. – NON AERONAUTICAL FEES. 7 V. Tie Down Holder/Hangar Tenant a. Tie Down Fees Annual Reserved Ramp: *$1,500.00. Price is for aircraft weighing 6,000 lbs MGTOW or less. Additional charge of $100.00 per each $1,000.00 lbs or portion thereof. Annual Reserved Grass: *$900.00 (limit 6,000 lbs MGTOW). *With ultimate rates pending a Rates and Charges Analysis. Tie Down fees includes 1 vehicle Parking Permit. Tie Down holders are not assessed landing and ramp fees for their non-Commercial operations, GPU fee or Pre-heater Fee. b. Hangar Rental Hangars *2&4 (non-heated) Jet and Multi-turbo prop: $150.00 Daily $1,500.00 Monthly Single Turbo prop: $90.00 Daily $900.00 Monthly Multi-Engine Piston: $60.00 Daily $600.00 Monthly Single Engine Piston: $50.00 Daily $300.00 Monthly Hangar 3 (heated) Jet and Multi-turbo prop: $180.00 Daily $1,800.00 Monthly Single Turbo prop: $120.00 Daily $1,200.00 Monthly Multi-Engine Piston: $80.00 Daily $800.00 Monthly Single Engine Piston: $60.00 Daily $400.00 Monthly *Hangar 2 to become heated after which heated hangar rates would apply. c. Other Fees Tie Down and Hanger users are subject to other elected/required Aeronautical fees as listed under Heading VI – Use, Service and Administrative Fees, as well as other elected fees under Section 2. – NON AERONAUTICAL FEES. 8 VI. Use, Service and Administrative Fees a. GPU Fee TBD per use. b. Boarding Ramp/Stair Fee TBD per use. c. Gate Overstay Fee TBD per use. d. GPU Fee TBD per use. e. Bag Belt Makeup Fee TBD per use. f. Deicing Market Rate per gallon (minimum of 10 gallons). $150.00 Call back fee (11pm to 7am) g. LavCart Service $100.00. h. Pre-Heater $25.00 i. Equipment Storage Fee Off season: $200.00 per month per piece. Abandoned equipment Disposal: $1,000.00 per piece. j. Derelict Aircraft Storage Fee Months 1-6: $600.00 per month (Pro-rated for partial months) Months 7-9: $100.00 per day Months 10+ $150.00 per day k. Freight/Mail 9 $0.05 per lb of gross weight (inbound only), +Landing and ramp Fees. Freight/Mail is based on MGTOW unless a carrier is a Signatory Terminal User. l. Security – Fingerprinting $50.00 per individual. m. Security – SIDA Badge $300.00 (Refundable Deposit). n. Security – AOA escort $300.00 for the first hour or any portion thereof. $100.00 each additional hour (Max 4 hours). o. Aeronautical Business Lease Application Fee $1,000.00 per Lease. p. Aeronautical Land Lease Rate Minimum 50% Fair Market Value (FMV) in ft2 per year, subject to Annual CPI with reviews as per agreement. q. 3rd party aeronautical services Annually or any part thereof (non refundable) r. Special Events Permit Tenant-owned building: $1,000.00 for non-tenant event. Airport-owned building: $2,000.00 for non-tenant event. $0-500.00 for tenant event (depending on event size). Plus reimbursement of associated airport expenses. Requires approved Airport Special Events Permit as well as any applicable Town Permits. 10 2. NON_AERONATUCIAL FEES I. Ground transportation a. Rental Car Fees – On Airport Business Operating fee: $1,500.00 annually or any part thereof (non-refundable). Counter and office space: $45.00 per ft2 per year. Common Use Space: $10.00 per ft2 per year. Gross receipts: 10% Per month Customer Facility Charge: $4.00 per rental day/per vehicle Reserved parking: $200.00 Per assigned space annually Remote Parking $1,000.00 Annually b. Rental Car Fees – Off Airport Business Operating Fee: $1,500.00 Annually or any part thereof (non-refundable) Gross receipts: 10% per month c. Taxi/Livery/Charter/Courtesy Van $400.00 per vehicle annually d. Technology-enabled Provider (Uber, Lyft, etc) TBD e. Tour Bus Permit $300.00 per vehicle annually. f. Livery Ramp Access Permit Fee $1,500.00 Annual business fee (up to 5 permits) $300.00 per each additional permit (non-refundable) Operator must provide plate # per each permit. Permit covers livery service above. Non-transferable. g. Ramp Access Escort Fee without Permit $10.00 per vehicle, per escort assessed to aircraft operator. 11 II. Vehicle Parking a. Front Section of Main Lot (closest to Terminal) Per 24 Hour Period or any Portion Thereof: 0-3 hrs Free 3-8 hrs $12.00 >8 hrs $20.00 Weekly $120.00 Monthly $400.00 b. Back Section of Main Lot (Farthest from Terminal) Per 24 Hour Period or any Portion Thereof: 0-3 hrs Free 3-8 hrs $6.00 >8 hrs $10.00 Weekly $60.00 *Monthly $200.00 *6 Month $875.00 *Annual $1,500.00 *Must Park in dedicated section. c. Airport Tenant Employees *Monthly $10.00 *Annual $1,500.00 No Overnight parking: $50.00 per day fine in employee section only. *Must park in dedicated section. d. Violations Front Section of Main Lot: $33.00 1st day $20.00 each additional day Back Section of Main Lot: $31.00 1st day $10.00 each additional day General Aviation Lot: $50.00 per day (authorized vehicles only – Permit required) Hangars 1-4 Parking lot: $50.00 per day (Permit required) Reserved car Rental Spaces/Assigned Lots $50.00 per day (Medallion required) 12 Advertising e. Literature Rack – year round (May-April) Locations: Terminal Air taxi Arrivals area/FBO Small Single rack – Under 8.5 x 11” $540.00 per location/per publication Medium single rack – under 9 x 12” $600.00 per location/per publication Large single rack - over 9 x 12” $660.00 per location/per publication Large Multi-rack – less than 2 x 4’ $1,800.00 per location Partial years are not pro-rated. f. Literature Rack – seasonal (May-October) Location: Terminal Summer Arrivals Small Single rack – Under 8.5 x 11” $270.00 per publication Medium single rack – under 9 x 12” $300.00 per publication Large single rack - over 9 x 12” $330.00 per publication Large Multi-rack – less than 2 x 4’ $900.00 Partial years are not pro-rated. g. Display Cases Location: Terminal Air taxi arrivals/Departures 12 month: $3,600.00 6 month: $1,800.00 Security Screening hallway 12 month: $2,400.00 6 month: $1,200.00 h. LCD Monitors Annual: $5,400.00 6 month: $3,900.00 3 Month: $2,700.00 i. Vehicle Wrap $7,200.00 annual (cost of wrap not included) $3,900.00 6 month (cost of wrap not included) 13 III. Non-Aeronautical Use and Service Fees a. Business Operating Fee $1,500.00 annually or any portion thereof (non-refundable) b. Lease Application Fee $3,000.00 per lease c. Retail space Space varies. Common use space: Negotiated. Participation fee: Negotiated. d. Land lease Minimum Fair Market Value (FMV) ft2 per year. Annual CPI with reviews as per agreement. e. Amount in Lieu of Taxes Annual assessment as determined by the town of Nantucket. f. Special Events Permit Tenant-owned building: $1,000.00 for non-tenant event. Airport-owned building: $2,000.00 for non-tenant event. $0-500.00 for tenant event (depending on event size). Plus reimbursement of associated airport expenses. Requires approved Airport Special Events Permit as well as any applicable Town Permits. g. Meeting Room Seats 8-10 people. $300.00 per hour, with audio/visual additional $75.00 per hour. Tenant Discount: 16 hours free with 50% discount thereafter. h. Artwork Concession Fee 15% of sale price. i. Catering 25% of total invoice. 14 j. Security – Fingerprinting $50.00 per individual. k. Security – SIDA Badge $300.00 (Refundable Deposit). l. Security – AOA escort $300.00 for the first hour or any portion thereof. $100.00 each additional hour (Max 4 hours). From:Noah Karberg To:Wayne Toher Cc:Tom Rafter; Janine Torres; Katy Perales; "Julia Takeda"; Paul Estefan/AIRPORT/COD; Michael Safranek/AIRPORT/COD Subject:RE: Nantucket Airport Aeronautical Rates Date:Thursday, April 05, 2018 10:15:05 AM Attachments:ACK Tailwind Part 13 Final 120117.pdf Wayne, I have attached the FAA’s decision on the Part 13 complaint relevant to this issue. I’ve also attached our email conversation, from when we discussed this issue last, below. There are a few points will note again: · There is difference between “Scheduled Air Carrier” and “Scheduled Service”. Schedule Service can be offered by a Part 121, Part 135 Commuter, and Part 135 On Demand Certificate holder. · ACK has the right to set reasonable operational requirements, including fees, based on this FAA defintion · You offer a scheduled service product with your Nantucket Shuttle http://reliantair.com/nantucket-shuttle/ Thank you for your comments on our fee structure. By way of this email I am asking Katy Perales to include this email in the Commissioner’s packet. I would like though, to note the following: · We are not raising money with this fee structure. The ramp and landing fee methodology is the same as last year (unless you operate an aircraft >100,000 #MTOW). This is mostly just a new format. · Last year you refused to 1) Pay the $1500 business fee, 2) Pay the $1575 monthly FBO Use fee (4 month minimum), and 3) Enter into an operating agreement. ACK chose not to pursue collections or sanction your operations. The rates and Charges revisions are actually much friendlier to your type of operation, as it eliminates the FBO facility Fee. · When an operator provides publicly available scheduled service, the airport collects Federal revenue via AIP entitlement spending. It also collects Federally regulated PFC revenue. Accepting this revenue requires adherence to Federal Grant Assurances. ACK accomplishes this by requiring all Scheduled Service providers to sign an operating agreement. This operating agreement gives the airport enforcement mechanisms for airport rules and regulations and minimum standards (it also codifies your rights as an operator). This is why you must enter into an operating agreement. · At ACK, the Airport sponsor operates the FBO – we are not a 3rd party. As such, we must follow a set of business practices advised by Federal grant assurances. We cannot increase the rate base for a specific line of aircraft or operator, based on their perceived demand for our services or noise profile. We may only substitute relevant operating criteria, such as MTOW, as it directly correlates to pavement wear and tear. Charging a different ramp fee for different aircraft type, without providing a rational weight based mechanism, is illegal and opens the airport up for litigation. However, if you have insight or suggestion for weight class divisions, we would certainly evaluate those effects on our overall revenue model. Please keep my advised of your travel plans. If you are flying in to attend the meeting, let me know and I will try to give you a ride over to the meeting. Noah Noah J. Karberg, C.M., ACE Assistant Airport Manager Nantucket Memorial Airport 14 Airport Rd. Nantucket, MA 02554 O: 508-325-7531 F: 508-325-5306 From: Wayne Toher [mailto:wayne@reliantair.com] Sent: Wednesday, April 04, 2018 3:27 PM To: Noah Karberg <nkarberg@nantucketairport.com> Cc: Tom Rafter <trafter@nantucketairport.com>; Janine Torres <jtorres@nantucketairport.com>; Katy Perales <KPerales@nantucketairport.com>; 'Julia Takeda' <julia@flylouie.com>; Paul Estefan/AIRPORT/COD <P.Estefan@ci.danbury.ct.us>; Michael Safranek/AIRPORT/COD <M.Safranek@ci.danbury.ct.us> Subject: Nantucket Airport Aeronautical Rates Noah, We are not a Scheduled Air Carrier by definition and FAA operating License. We are an on demandoperator that operate a very limited amount of scheduled flights to Nantucket as we are allowed to (less than 5 a week) in the summer between June 20 and Labor Day. The past few years Tom Rafter has send me operating agreements that makes no sense. I have been an FBO owner and operator for the past 35 years, I’m an ATP pilot with over 15,000hours, I am an A&P mechanic with IA. I have been flying passengers as well as vacationing myself in Nantucket since 1976. You are trying to raise money with your operations why don’t you go after the most needy. Theshared operators such as Net Jets, Flex, Sentient Jet, etc. drive you crazy with catering, APU noise,faxes, taking up all your office staff’s time, ground support time, etc. I am a direct witness to this kind of demand for your services as well as watching it happen here at our own FBO. If you change your fee schedule for aircraft you’ll easily get your $1500 back from other aircraft such asTurbojet/vs/Turboprop. We operate a King Air 350 MGTOW of 15,000 Lbs, nine passenger seatsmaximum. We pay $110 each time according to your ramp fee schedule. There are manyTurbojets that make more noise, have needy passengers and crews, make APU noise in that10,000LB to 24,999LB category at $110 in your ramp fee schedule. Changing your fee schedule will be much easier for you, and understandable for us. Changing your ramp fee by type of aircraft may be the answer such as those with APUs. We all know that the aircraftoperators with APUs do not limit them to 15 minutes as you demand. We do nothing but drop andpick up passengers. I can’t even get a lineman at your facility to help us when its busy becausethey are elsewhere helping these other needy pilots but yet we still pay our fees to you, weunderstand that you are understaffed and busy. By the way, we operate Turbojet Aircraft(withoutAPUs) as well, so I am not picking on other Turbojet operators and I understand I am suggesting increasing the fees to some of our own airplanes. Why do we need an operating agreement? Wedon’t use your facility for our personnel/booking staff. We operate just like any other On DemandCharter Company. We paid Nantucket over $37,000 in landing/ramp/facility fees last year(exclusive of the fuel purchased) that ought to be enough. We already pay operating fees, fuelflowage fees here and Danbury, Connecticut. We are not classified as a scheduled operator in Danbury regardless if we have 4 scheduled flights a week to Nantucket in the summer. In Danbury, if we were classified as a scheduled operator we would pay no fees. The State of Massachusetts sets the bar for operators to be worthy of operating permits at 8% orgreater of the total enplanements/deplanements of the Airline passengers at any Airport in theState. We are nowhere near that figure. I am going to try to make this meeting depending on weather. Sincerely, Wayne R Toher President, Reliant Air 1 Wibling Rd Danbury, CT 06810 KDXR 203-743-5100(o) 203-744-6166(f) 203-731-1752(m) From: Noah Karberg Sent: Monday, June 19, 2017 3:17 PMTo: 'Wayne Toher' <wayne@reliantair.com>Cc: 'Paul Estefan' <p.estefan@danbury-ct.gov>; 'Michael Safranek' <m.safranek@danbury- ct.gov>; Tom Rafter <trafter@nantucketairport.com>Subject: RE: Nantucket Shuttle Wayne, Understood. It is not an easy time. And I appreciate that you are interested in discussing this item with us. Let’s not worry about next week if it doesn’t work for you, and let’s not even try for the week after, as it’s the 4th. Can you commit to something July 10-13th? If not, I will be on paternity leave from the 17th to 28th of July, and would suggest any time after July 31st. It seems far out, but I would like to get something scheduled, even if it’s for August. I am looking at the current Tradewinds operating agreement on my other screen. This agreementidentifies remittance of an annual business fee ($1,500), the associated FBO building use fee($11,550 for a full calendar year), Landing Fees, and Ramp Fees. To the best of my knowledge,our agreements are standardized. I am sorry if the recent operating conditions have been a challenge. The RVR is owned andmaintained by the FAA, and we are not involved in the HYA RW project: I would be happy though,to get you FAA Tech Ops or Bud’s contact information if you’d like. There is less I can do regardingthe weather however. Anyway, let me know about a set of future meeting dates that would work for you. Best, Noah Noah J. Karberg, C.M., ACEEnvironmental CoordinatorNantucket Memorial Airport14 Airport Rd.Nantucket, MA 02554 O: 508-325-7531F: 508-325-5306 From: Wayne Toher [mailto:wayne@reliantair.com] Sent: Monday, June 19, 2017 2:37 PMTo: Noah Karberg <nkarberg@nantucketairport.com>Cc: 'Paul Estefan' <p.estefan@danbury-ct.gov>; 'Michael Safranek' <m.safranek@danbury-ct.gov>; Tom Rafter <trafter@nantucketairport.com>Subject: RE: Nantucket Shuttle Noah, Its going to be difficult next week with the holiday coming up-one of the busiest in the summer. Suggest a time and I’ll see what I can do but I doubt I’ll be available during the day. Tom starteddiscussions in April or May of each year- this is way too late since pricing is all set and tickets havebeen purchased. I can’t increase them at this point. Frankly, I thought this was settled last yearfor good. I didn’t pull that no ramp fees out of my hat. I had discussions with Eric Zipkin of Tradewinds saidhe had no ramp fees with his operating agreement. Are all the agreements the same or are thereany special arrangements? I’ll study your fee structure tonight again. This past weekend and today has been extremely difficult with your broken RVR system and low vis weather, Hyannis with their runway out for an alternate has been very difficult as well. Thanks, Wayne From: Noah Karberg [mailto:nkarberg@nantucketairport.com] Sent: Monday, June 19, 2017 10:47 AMTo: Wayne Toher <wayne@reliantair.com>Cc: 'Paul Estefan' <p.estefan@danbury-ct.gov>; 'Michael Safranek' <m.safranek@danbury- ct.gov>; Tom Rafter <trafter@nantucketairport.com>Subject: RE: Nantucket Shuttle Wayne, I would like to hear your thoughts about our fee structure, and this is probably best accomplished in a conference call. Next week would be preferable. Let me know what day would work best for you, and who you would like to bring in on the call. From ACK it will be Tom Rafter and myself. Generally speaking though, our costs of operating the airport are several times higher than theVineyard’s, so our fee structure follows accordingly. And I do want to be sure we are on the samepage, as I sense a difference in assumptions – and I want to address those here rather than leaving that an open assumption until our call. An agreement with ACK will not remove yourresponsibility for the Ramp and Landing Fees that you are currently paying. You would continue topay those, in addition to the $1,500 business operating fee. We also have on our Rates andCharges Sheet an FBO Facility User Fee: this fee is $1,575 per month for a 4 month minimum(May-Sep). This is the fee we put in place specifically to capture Scheduled Service performed byPart 135 Commuter and Part 135 On demand operators, to operate through the FBO rather than the Terminal. This is an item I would appreciate your input on during our call, as we are trying toassess how to best handle a variety of operators currently and attempting to establish newscheduled service through a very, very busy FBO. It was not my intention to bring this item up mid-summer. However, our governing body has taken an interest in it. And to be fair, as you even indicated, you have been aware of our wishes to bring Reliant under an agreement for the previous five years. I’m sorry if it has come to a headat an inconvenient time for both of us: but I don’t think it’s fair for us to shoulder all blame for thisnecessity. Regardless, let me know some good times for you next week, and I will get this scheduled. Best, Noah Noah J. Karberg, C.M., ACEEnvironmental CoordinatorNantucket Memorial Airport14 Airport Rd.Nantucket, MA 02554O: 508-325-7531 F: 508-325-5306 From: Wayne Toher [mailto:wayne@reliantair.com] Sent: Monday, June 19, 2017 8:53 AMTo: Noah Karberg <nkarberg@nantucketairport.com>Cc: 'Paul Estefan' <p.estefan@danbury-ct.gov>; 'Michael Safranek' <m.safranek@danbury- ct.gov>; Tom Rafter <trafter@nantucketairport.com>Subject: RE: Nantucket Shuttle Noah, Thank you for your email. We have less than 5 round trips a week is correctWe are an on demand operator with very limited and seasonal scheduled serviceOur shuttle runs only the last week of June through Labor Day and it’s a very small portion ofour business. We have regular customers that have homes in Nantucket, they look for a seatpath to go to and from their jobs. I looked at your fee schedule again, with the rest of our fleet we pay you more now inlanding/ramp fees than the total aggregate cost of on operator fee and that has been mypoint the last 5 inquiries from your office.You and your office inquire about this just before, or on season each year. We have all winterto discuss this, why now when we are all busy? You are asking for fair and equitable- you are winning now, not sure why you are pushing for less.We are not a needy operator. We don’t ask for faxes, etc that tie up your staff, we have noAPU’s that make noise.Your landing/ramp fees are in most cases close to double than your neighboring islandMarthas Vineyard. I am available by phone most of today- happy to discuss on the phone. Thanks, Wayne 2037435100 From: Noah Karberg [mailto:nkarberg@nantucketairport.com] Sent: Friday, June 16, 2017 4:47 PMTo: Wayne Toher <wayne@reliantair.com>Cc: 'Paul Estefan' <p.estefan@danbury-ct.gov>; 'Michael Safranek' <m.safranek@danbury-ct.gov>; Tom Rafter <trafter@nantucketairport.com>Subject: RE: Nantucket Shuttle Thanks Wayne, You raise an important point, which is why I want to follow up by email. I expect you are flyingtoday, so please don’t feel rushed to reply. I understand that you are a Part 135 on demand operator. And I understand that under thatcertificate, you have specific allowances to conduct a limited number of scheduled flights. Theseallowances are that you are limited to 5 or fewer RT flights per week, as well as some weight/seat# requirements (that the King Air meets). I certainly did not mean to imply that you were operating in violation of your certificate: In fact, we are both in agreement that you are operating within the limitations set forth in your certificate. I also don’t mean to imply that we consider you a Scheduled operator. We consider you an OnDemand operator. However, it appears to me that you are an On Demand operator that is offeringscheduled service. We commonly refer to the attachment for guidance on this topic. In this document that we refer to as the ‘Conte Opinion,’ the definition of Scheduled operation is as follows: “any common carriage passenger-carrying operation for compensation or hire conducted byan air carrier or commercial operator for which the certificate holder or its representativeoffers in advance the departure location, departure time, and arrival location.” By my own review of your website, Reliant is clearly holding the departure time, departurelocation, and arrival location. I believe the Nantucket Shuttle clearly fits the definition of a Scheduled operation. And yes, I also believe the Conte opinion was clear (if not a little semantic)that an On Demand Operator can conduct (limited) Scheduled Operations without being termed aScheduled Operator, or in violation of its certificate. This is not a discussion though, of your certificate. We have existing policies that apply business fees and building use charges for publicly available, scheduled service operators utilizing the FBO. These charges arise out of a need to recoup facility operating costs, and a need to set fair andequitable charges – in the context of the requirements for other scheduled operations stemmingfrom the Terminal. Briefly, the rationale was to allow smaller operators that did not require fullticket counter presence to operate a smaller operation cost effectively, while not undercuttingtenants who had invested in the Terminal. My concern is that we have a published rate structure, which was intended to capture the Schedule Service aspect of relevant Part 135 On Demandoperators, but we are not enforcing it. If we do not work to remedy this issue, we are not beingresponsible to our Federal Grant Assurances. It puts us in a potential bind. We need to worktoward a solution. We have reviewed this distinction with our aviation counsel, and it is a viable method of assigning a cost structure. It is not a certificate issue, and we are not classifying you as a scheduledoperator, so it should not affect your standing and fee categorization at DXR. And to the best ofmy knowledge, this also does not require you to utilize a local agent. Please let me know if youbelieve I have misrepresented any aspect of Reliant’s Nantucket Shuttle service, or if you believe Iam not accurately interpreting the Conte Opinion – that you are conducting a limited scheduledservice conforming to the requirements of your Part 135 On demand certificate. I understand and your respect your long-standing commitment to ACK and the community, and Iappreciate that you provide an aeronautical service. However, that does not abrogate me fromseeing that I am consistently and fairly enforcing our standards. I have attached our current Ratesand Charges as well to this email. I would certainly be more than willing to hear your assessment of our fee structure, and if you see improvements that would accommodate your business operation while still providing parity basis with other scheduled service. I would certainly takethese forward to the Airport Manager and Commission for their consideration in reviewing our feestructure. Again, please feel free to take some time to consider what I have presented in this email. Noah Noah J. Karberg, C.M., ACEEnvironmental CoordinatorNantucket Memorial Airport 14 Airport Rd.Nantucket, MA 02554O: 508-325-7531F: 508-325-5306 From: Wayne Toher [mailto:wayne@reliantair.com] Sent: Friday, June 16, 2017 12:10 PMTo: Noah Karberg <nkarberg@nantucketairport.com>Cc: 'Paul Estefan' <p.estefan@danbury-ct.gov>; 'Michael Safranek' <m.safranek@danbury-ct.gov>Subject: RE: Nantucket Shuttle Noah, Thank you for your email. Yes, I have been approached I believe the last five years in a row about this and I will explainagain: Reliant Air Charter, Inc. is an on demand operator only, we are not a scheduled operator, however,per FAR135 for on demand operators we can have a maximum of 5 scheduled flights a week andthat is all we have with a maximum load of 9 passengers. We do not need an agent at Nantucket. As a result of our on demand operations the landing fees we pay at Nantucket exceed the fee schedule for operators so I don’t see any advantage for Nantucket, or Reliant to become a Nantucket operator. We pay fees and are based in Danbury, CT KDXR. Furthermore, if we wereclassified a scheduled operator in Nantucket then we would have to be also in Danbury. Danburyrules and regulations exempt scheduled air carriers from all fees. They DO NOT classify us as ascheduled operator nor does the FAA. I copy Paul Estefan and Mike Safranek( Airport Managerand Assistant Airport Manager Danbury) on this email. Reliant has been a supporter of Nantucket, and is a member of the Nantucket chamber ofcommerce for the past 30 years. I hope this answers all of your questions but I am here anytime at 203-743-5100. Thank you, Wayne R ToherPresident, Reliant Air From: Noah Karberg [mailto:nkarberg@nantucketairport.com] Sent: Friday, June 16, 2017 11:31 AMTo: wayne@reliantair.comCc: Tom Rafter <trafter@nantucketairport.com>; Janine Torres <jtorres@nantucketairport.com>Subject: RE: Nantucket Shuttle Wayne, I am currently reviewing a number of aircraft operators that are using our FBO, to ensurecompliance with Airport standards and Rules and Regulations. My understanding is that Reliantoperates both Scheduled and Charter service at ACK. My eventual goal is for Reliant to enter into an agreement with ACK, reflecting requirementsconsistent with our treatment of other similar operators. I believe this is not the first time youhave been approached by ACK regarding this matter. I also understand that in addition to beingthe President of Reliant Air, you are also the pilot for the weekend shuttle, and your crew has apositive rapport with ACK staff. I appreciate your investment in the community, and respect your reputation for approachability. My hope is that we can have a discussion at your convenienceregarding your Nantucket Shuttle operation, how you see it fitting into Airport standards, and ourconcerns regarding consistent treatment of operators/tenants as required by our Federal GrantAssurances. Please let me know if you would like to schedule a call, meet in person, or communicate over email. I will follow up again in 2 weeks if I don’t hear from you. Best, Noah Noah J. Karberg, C.M., ACEEnvironmental CoordinatorNantucket Memorial Airport14 Airport Rd Nantucket, MA 02554O: 508-325-7531F: 508-325-5306 From:Noah Karberg To:Janine Torres; Tom Rafter; Jamie Sandsbury; Katy Perales; Willma Perez; Preston Harimon Subject:FW: ACK Rate and Charges Public Hearing Date:Monday, April 02, 2018 1:33:21 PM Attachments:ACK_DraftFinal_Rates&Charges_Public Hearing 04102018_Rev04022018.pdf Hi all, Eric makes a good point. He is referring to the ramp fee assessed on pages 5 & 6. I have highlighted this area in green (attached). I don’t think it’s in our best interest to have such a popular aircraft type (PC-12) cross the borderline into 2 ramp fee classes, based on model. I am fine with a number of potential solutions: 1. Just making an administrative decision that all PC12’s are in the $50 ramp fee category. 2. Changing the upper end of the $50 ramp category to 10,500#. What is easier to do with Total FBO? Noah J. Karberg, C.M., ACE Assistant Airport Manager Nantucket Memorial Airport 14 Airport Rd. Nantucket, MA 02554 O: 508-325-7531 F: 508-325-5306 From: Eric Zipkin [mailto:ezipkin@flytradewind.com] Sent: Monday, April 02, 2018 9:21 AM To: Noah Karberg <nkarberg@nantucketairport.com> Cc: Adam Schaefer <aschaefer@flytradewind.com> Subject: Re: ACK Rate and Charges Public Hearing Noah, Thank you for this. One quick note, I see the breakpoint of 10,000 lbs. on the pricing. Please note that some versions of the PC12 have a gross weight just under 10,000 and others are above. So as to keep things easier, I would recommend making the first break point at 10,500 or even 12,500 lbs. We’ll be back with any other feedback shortly. Thanks, Eric -- Eric Zipkin President | Tradewind Aviation (d) 203.267.3502| (m) 914.953.6059 ezipkin@flytradewind.com |flytradewind.com facebook/tradewindaviation | twitter.com/flytradewind Exhibit 1 Pending Leases/Contracts/Agreements 4/10/2018 1 of 1 Type With Amount Other Information Source of Funding Remove/Replace Airfield Pavement Markings Taxiways Only Completion Date - By May 5, 2018 Triennial Drill Consultant Travel Reimbursement for Drill Controller and Evaluators For Re-Scheduled FAA Part 139 Emergency Drill On-Call Task Order #2 -Professional Services Associated with Relocating the Fence Surrounding the Electrical Vault MassDOT ASMP 100% Grant Advertising Consultant Increase to Cover Travel Expenses for ACK Visit Aviation Fuel Farm Inspections/Repairs Repairs to ARFF Building Generator Possible Insurance Reimbursement Airport Media Solutions $1,100 OperatingContract Increase to Cover Replacement Parts Needed South Shore Generator $16,861 Operating Jacobs Engineering GroupContract $30,000 Grant Pending as of Meeting Posting Date OperatingContract Amendment Lakes Region Environmental $1,000 Contract Amendment Contract Hi-Way Safety Systems $120,290 Capital Contract Hortonville Consulting LLC $3,500 Operating AGREEMENT BETWEEN THE TOWN OF NANTUCKET NANTUCKET MEMORIAL AIRPORT AND HORTONVILLE CONSULTING LLC This AGREEMENT, effective the , 2018, made by and between the TOWN 0F NANTUCKET, acting by and through its Airport Commission, (hereinafter, the "AIRPORT') and Hortonville Consulting, LLC (hereinafter, the'CONTRACTOR'), A, Whereas, the AIRPORT desires to engage the CONTRACTOR as an independent contractor to perform the services set forth on EXHIBIT A, attached hereto (the "Services"); B, Whereas, the CONTRACTOR agrees to accept the engagement by the AIRPORT in accordance with the terms set forth herein; NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, agree as follows: 1. The AIRPORT hereby retains the CONTRACTOR to perform the Services and the CONTRACTOR agrees to perform the Services as provided herein. Any written or other materials or intellectual property produced by the CONTRACTOR for the AIRPORT specifically hereunder shall be the property of the AIRPORT and, upon the expiration or termination of this Agreement the CONTRACTOR shall deliver copies of the originals of all such materials, as well as notes, work papers and the like, to the AIRPORT, 2. The term of this Agreement will commence on the effective date above and terminate on June 30, 2018, or when the performance of the Services has been completed in a manner reasonably satisfactory to the AIRPORT, The AIRPORT shall have the right !o terminate this Agreement at any time and for any reason upon written notice given to the CONTRACTOR. ln the event the CONTRACTOR wishes to terminate this Agreement, written notification shall be provided to the AIRPORT no less than 30 days in advance; however, any training sessions scheduled at the time of such notification shall be completed by the CONTRACTOR, All documents for works-in-progress will be provided to the AIRPORT upon such notification, 3. The CONTRACTOR will perform the Services in a first class, professional manner and in compliance with all applicable federal, state and local laws, regulations and ordinances, The CONTRACTOR shall be subject to the administrative supervision of the Airport Commission, or its designee, who shall be responsible for scheduling the work to be done by the CONTMCTOR on a daily or other basis, The CONTRACTOR shall perform the Services in cooperation with AIRPORT personnel as appropriate, 4, The AIRPORT will pay the CONTRACTOR compensation not to exceed $3,500.00 payment in full for the Services. This agreement may be subject to budgetary limits and, in such case, the AIRPORT shall not be obligated to pay the CONTRACTOR any amount of fees or expense in excess of $3,500.00 without the express prior written approval of the Airport Commission. 5, The parties acknowledge that the CONTRACTOR is an independent contractor and not an employee of the AIRPORT. The CONTRACTOR shall not be entitled to any employment fringe benefits to which AIRPORT employees are entitled. 6, To the extent permitted by the CONTRACTOR'S professional liabilities andior liability insurance, the CONTRACTOR agrees to indemnify and hold harmless the TOWN 0F NANTUCKET and its agents, officers and employees from any losses, claims or costs, of whatever kind or nature, suffered by the TOWN OF NANTUCKET or any third party which result from, or are related to, the performance (or failure to perform) by the CONTRACTOR of Services pursuant to this Agreement. The CONTMCTOR shall obtain and maintain such polices of insurance, written by companies licensed to do business in Massachusetts, as may be set forth on Exhibit A and shall add the TOWN OF NANTUCKET/NANTUCKET MEM0RIAL AIRPORT as an additional insured thereunder. /N MTNESS THEREOF: NANTUCKET MEMORIAL AIRPORT COMMISSION: Daniel W. Drake, Chairman Date: Title:_Manager. Date: 3- ?-f'u/V Date: Date: FEIN/SSN: _45-4237190 Department Org./Obj. Code: 65482-52429 As to the Availability of Funds: Brian Turbitt, Director of Municipal Finance, or Bob Dickinson, Assistant Town Accountant CONTRACTOR 1. EXHIBIT A Description of Services: Travel Reimbursement for Controller and Evaluators for FAA Part 139 Full Scale Triennial Exercise Other payment terms: 100% payment upon completion of work, submission of CONTRACTOR'S invoice, copies of all travel related documents, and approval of invoice by the AIRPORT. lnsurance Required (if any): Workers' Compensation, covering the obligations of the CONTRACTOR in accordance with applicable Workers'Compensation or Benefits laws, Commercial General Liability lnsurance on an occurrence basis with a combined single limit of not less than $1 million. Coverage is to include premises and operations, coverage for liability of subcontractors, The policy shall contain an endorsement stating that the aggregate limits will apply separately to the work being performed under this Agreement. Automobile Liability lnsurance of not less than $1 million combined single limit covering owned, hired and non-hired vehicle use. Such additional insurance as may be required to be carried by the CONTRACTOR by law. 3. (a) (b) (c) (d) EXHIBIT B TAX COMPLIANCE CERTIFICATION Pursuant to M,G,L, 62C, S49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. 45-4237190 Federal Employer ldentification Number Hortonville Consulting LLCj.?-C- zot? Date: CERTIFICATE OF NON.COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Hortonville Consulting LLC Task Order No. 1 under Agreement for Page 1 of 4 Professional Engineering Services, dated 6/13/2017 Task Order No. 2 under Engineering On-Call Services Agreement dated, June 13, 2017 with Amendment No. 1 dated, January 9, 2018 for INSTALL FENCING (ASMP GRANT) at Nantucket Memorial Airport – Town of Nantucket, MA AIRPORT Contact Person: Mr. Tom Rafter, Airport Manager Type of Services: Professional Engineering Location: Nantucket Memorial Airport (ACK) Federal AIP No.: N/A to this project Federal Tax I.D. No.: 04-6242411 Contract Negotiated Price $30,000.00 Contract Begin Date: March 15, 2018 Contract Expiration Date: June 30, 2018 On-Call Agreement Date: June 13th, 2017 On-Call Agreement Period Dates: June 13th, 2017 through June 12th, 2020 This Project Contract (hereinafter referred to as “Contract”) is entered into by and between the Town of NANTUCKET, MA (hereinafter referred to as “the Town” or “the Sponsor”), 14 Airport Road, Nantucket, MA 02554, and JACOBS ENGINEERING GROUP INC., a corporation or other legal entity (hereinafter referred to as “the Consultant” or “the Engineer”) organized under the laws of the State of Delaware, with its principal place of business located at 120 St. James Avenue, 5th Floor, Boston, MA 02110 (hereinafter referred to as the “Parties”). The following attachments are hereby incorporated into this agreement by reference: Exhibit A – Detailed Scope of Work Exhibit B – Fee Estimate Exhibit C – Project Area The Consultant agrees to be bound by the Agreement for Professional Engineering Services General Conditions, dated June 13th, 2017, as revised by Amendment No. 1, dated January 9, 2018, which are hereby incorporated by reference. Task Order No. 1 under Agreement for Page 2 of 4 Professional Engineering Services, dated 6/13/2017 The Parties, in consideration of the mutual promises set forth in this Contract, hereby agree as follows: 1. The Scope of Work. The Consultant agrees to complete all work as detailed in Exhibit A which is made a part of this Contract and; The Consultant shall be responsible for furnishing all supervision, labor, equipment, tools supplies, permanent and temporary materials required to perform the work detailed in Exhibit A and; The Sponsor shall have the right to alter the nature and extent of the work as provided in this Contract, through a written modification signed by both Parties. 2. The Fee. The Consultant agrees to complete all work for the agreed upon project fee as detailed in Exhibit B which is made a part of this Contract and; 3. Reimbursement. Upon full execution of the individual project contract, the Sponsor will reimburse the Consultant for approved expenditures incurred on the project. 4. Funding. The Parties agree that the Sponsor will assume full responsibility for costs incurred. It is assumed that the Sponsor will receive an ASMP grant from the MassDOT/AD and be reimbursed for project related expenditures. 5. Team Members. Listed below are the names of the Consultant’s Project Manager, Chief Designer, Planner(s), other key personnel, and primary Subconsultants for this Contract. No substitutions of the key Consultant Team Members are allowed without prior notification and approval by the Sponsor. Project Manager: Erik Strand, PE Chief Designer: Timothy D’Agostino Electrical Engineer: James McDonald, PE Other Key Personnel: Lawrence O’Connor, Jonathan Hickey and Subconsultant 1: N/A Subconsultant 2: N/A 6. Representations. By signing below, the Consultant hereby represents that to the best of the Consultant’s knowledge and belief: a. All of the statements, representations, covenants, and/or certifications required or set forth in the Contract documents are complete and accurate as of the date of this Contract. b. The Consultant knows of no legal, contractual, or financial impediment to entering into this Contract. c. The person signing below is legally authorized by the Consultant to sign this Contract on its behalf and to legally bind the Consultant to the terms of this Contract. 6. Offer. The Consultant, having carefully examined the site of work, scope of work, the Agreement for Professional Engineering Services General Conditions (including insurance Task Order No. 1 under Agreement for Page 3 of 4 Professional Engineering Services, dated 6/13/2017 requirements), Agreement for Professional Engineering Services (when applicable) hereby propose and offer to enter into this Contract to supply all the labor and materials needed to complete the whole of the work in strict accordance with the terms and conditions of this Contract at the prices agreed upon in Exhibit A and B. The Consultant also agrees: First: To do any extra work, not covered by the “Exhibit A”, which may be required by the Sponsor, and to accept as full compensation the rates noted in Exhibit B or approved revision to same and related contract modifications. Second: The Consultant will deliver to the Sponsor a signed, valid certificate of insurance proving the coverage required by this Contract and/or the Agreement for Professional Engineering Services General Conditions before any work commences under this Contract. If the level of insurance is specified in this Contract, that amount will supersede the requirements outlined in the Agreement for Professional Engineering Services General Conditions. The Sponsor shall be included as an additional insured on Commercial General Liability insurance policy carried by the Consultant. Third: To begin and complete the work within the dates specified herein. The Parties acknowledges that the Agreement for Professional Engineering Services General Conditions, dated June 13th, 2017, may only be amended thru a written modification approved in writing by the Massachusetts Department of Transportation, Aeronautics Division. If any provision in the Agreement for Professional Engineering Services General Conditions is altered without approval from the Massachusetts Department of Transportation, Aeronautics Division, then funding from the Commonwealth of Massachusetts may be withdrawn. IN WITNESS WHEREOF, the Consultant, for itself, its successors and assigns, hereby execute two (2) originals of this Contract and thereby binds itself to all covenants, terms, and obligations contained in the Contract Documents. ACK Install Fencing SCOPE OF WORK Page 1 of 10 EXHIBIT A – SCOPE OF WORK March 15, 2018 Nantucket Memorial Airport INSTALL FENCING (ASMP GRANT) ASMP No. TBD PURPOSE AND NEED The Airport desires to maintain a safe and operational airport. This project includes the relocation of existing airport security/perimeter fencing surrounding the new airfield electrical vault for the installation of the new backup generator and new electrical service being installed under a separate AIP grants. The project also includes the construction of new concrete foundations for the new electrical service transformer and the new backup generator. The cost for the project is as shown in Exhibit B. The Project shall consist of the design, general and project administration, and construction phase services for the following general work items: fencing demolition, fencing modification, installation of fencing, earthwork, concrete foundations, and other ancillary work required to complete the project. ASSUMPTIONS 1. This Project, in its entirety, is eligible for Airport Safety and Maintenance Program (ASMP) funding from the Massachusetts Department of Transportation Aeronautics Division (MassDOT/AD) in fiscal year 2018 (FY2018). 2. No permitting services are included in this project. Any permitting required shall be defined as changes to scope and/or extra work and shall be executed as part of an amendment to the Contract. 3. The design will be in accordance with the most current FAA-AIP Advisory Circular listing dated January, 24, 2017. 4. The Project designs for electrical installations shall meet National Electrical Codes only. 5.The latest Master Plan and Airport Layout Plan (ALP) will not be updated under this Contract. Any changes shall be defined as changes to scope and/or extra work and shall be executed as part of an amendment to the Contract. 6.The Exhibit A will not be updated during this Project. Any changes shall be defined as changes to scope and/or extra work and shall be executed as part of an amendment to the Contract. 7.No topographic survey will be performed in this contract. The Engineer shall use existing base mapping generated from previous projects for the purposes of design. ACK Install Fencing SCOPE OF WORK Exhibit A Page 2 of 10 8. No subsurface investigation (e.g. soil borings, CBRs, monitoring wells, and pavement test cores) are included in this project. The Engineer shall use existing soils information from previous projects for the purposes of design. 9. Bidding services will not be included in this Contract. With the estimated cost being less than $50,000, the Engineer will assist the Airport in soliciting at least three (3) proposals for the construction efforts as required by Massachusetts General Law (MGL). Any changes shall be defined as changes to scope and/or extra work and shall be executed as part of an amendment to the Contract. 10. All construction is anticipated to be performed in conjunction with the construction of the Airfield Lighting Vault and Backup Generator projects. 11. No Construction Safety and Phasing Plan (CSPP) in accordance with FAA AC 150- 5370-2F, current edition, will be required for this project. It is assumed that this project is covered under the existing CSPP for the Airfield Lighting Vault project. 12. No MassDOT Airspace Form is required for this project. It is assumed that this project is covered under the existing Airspace Form for the Airfield Lighting Vault project. PROJECT TEAM The Project team will consist of the firms listed below, each with particular expertise in their respective fields. The term subconsultant will be used interchangeably to refer to an individual member of the Project team or the subconsultant team as a whole: Project Team Members and Responsibilities Firm Responsibilities Jacobs Engineering Group Inc. (Jacobs or Engineer) Engineering Design, Project Management, General Administration, and Construction Phase Services SCOPE OF WORK The Scope of Work for this Project shall cover data collection, design, project and general administration and construction phase services. The Engineer agrees to perform engineering services for the Owner as described in Article A through I, below, within the hours allotted for the services as listed in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services. No subconsultants are required for this project. ARTICLE A – DATA COLLECTION ACK Install Fencing SCOPE OF WORK Exhibit A Page 3 of 10 During the scoping process, it was agreed by the Engineer and Owner that no data collection services are required to be included in the Engineer’s scope of services for this project. If these services are required in the future, the services may be added by supplemental agreement. ARTICLE B – DESIGN Based on the information collected under Article A, and the information from the Airfield Lighting Vault and Backup Generator projects, the Engineer shall provide design services to the Owner for the preparations of design plans, specifications and estimate of construction costs. The work of the Engineer shall include: 1. DESIGN COORDINATION: The Engineer shall conduct general design coordination with the Owner, MassDOT and FAA to review and discuss the project development and design related items. This task assumes that two (2) teleconferences will be conducted. 2. DESIGN CRITERIA: The Engineer shall prepare a project design criteria for the project. The design criteria shall list all FAA Advisory Circular design parameters that pertain to this project. 3. PHASING AND SAFETY DESIGN: The Engineer shall design the project phasing and safety requirements for construction in accordance with FAA AC 150/5370-2F, current edition. It is assumed that the existing CSPP from the Airfield Lighting Vault project will be utilized for the baseline of this project 4. FENCING DESIGN: The Engineer shall design the airport perimeter/security fencing removal, relocation and modifications. 5. FOUNDATION DESIGN: The Engineer shall design the foundations for the new backup generator and new electrical services to be installed under separate contracts. The foundation design shall be coordinated with the design of the new electrical service and backup generator. 6. STORMWATER BMP DESIGN: The Engineer shall design the proposed stormwater best management practices (BMPs) in accordance with the Massachusetts Stormwater Handbook. 7. DEVELOP DESIGN PLANS: The Engineer shall develop a Design plan set per the latest FAA AC’s, associated FAA Standard Specifications and MassDOT Standard Specifications, where applicable, for each designed component. The plan set shall provide sufficient detail for the review of design concepts by the Airport, FAA and MassDOT. The plan set will be developed by applying the overall design efforts outlined above to individual plan sheets and completing the drafting. It is anticipated that the Plan set will including seven (7) sheets as follows: Title Sheet and Drawing Index (1 sheet) General Plan (1 sheet) Phasing and Safety Plan and Details (1 sheet) Fencing and Site Plan (1 sheet) Fencing Details (1 sheet) ACK Install Fencing SCOPE OF WORK Exhibit A Page 4 of 10 Foundation Details (2 sheets) 8. DEVELOP DESIGN SPECIFICATIONS: The Engineer shall develop and prepare a Design Specification book for the project. The specifications shall be obtained from FAA AC 150/5370-10, current edition. The Design submission will only include technical specifications. It is assumed that four (4) technical specification sections will be included in this project. 9. DESIGN QTO AND EEOC: The Engineer shall perform a quantity take-off (QTO) on the Design plans and prepare an engineer’s estimate of cost (EEOC). Since the Engineer has no control over the cost of materials and labor or the competitive proposal process and market conditions, the EEOC provided are made based on the Engineer’s experience and qualifications, but the Engineer does not guarantee the accuracy of the estimate as compared to the contractor’s bids or final project costs. 10. DESIGN QA/QC: The Engineer shall perform an in-house QA/QC prior to the submission of the Design submission. The in-house QA/QC check shall involve review by an individual experienced in the discipline of study for the corresponding aspect or design feature of the Project. This individual shall conduct a comprehensive check on all associated documents to be included in the submittal (e.g. drawings, specifications, estimates, and supplemental reports). The in-house QA/QC shall include time and effort required for the project engineers and CADD technicians to address comments generated during the review. Expenses for the ENGINEER shall include mileage for site visits and meetings, miscellaneous reproduction costs, and postage costs as well as the other expenses listed in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services. Services for Article B. will be provided under a LUMP SUM basis. ARTICLE C – ADVERTISING AND PROPOSALS The ENGINEER shall provide proposal and associated services to the OWNER to assist in the public solicitation, proposal gathering, review and contract award of this project. The services of the ENGINEER shall include: 1. SOLICITATION FOR PROPOSALS: The Engineer shall provide the OWNER with a draft copy of the Solicitation for Proposals and associated documents for review and comment. The Engineer shall assist the OWNER in finalizing the Solicitation for Proposals to prospective contractors. No local advertising will be required for this project. 2. DISTRIBUTE TO CONTRACTORS: The Engineer shall assist the OWNER in the distribution of Solicitation for Proposals and associated documents (Plans and Specifications), and collecting proposals from potential contractors via email. Plan sets will be distributed via email only. 3. PROPOSAL LIST: The Engineer shall assist the OWNER in the preparation and maintenance of a proposal list. The list will be updated upon sending the Solicitation for Proposal to contractors. ACK Install Fencing SCOPE OF WORK Exhibit A Page 5 of 10 4. CONTRACTOR’S QUESTIONS: The Engineer shall receive and answer Contractor’s questions concerning the project during the proposal period. 5. PROPOSAL TAB: The Engineer shall prepare a proposal tabulation and distribute it to the OWNER and contractors. 6. PROPOSAL REVIEW: The Engineer shall review the proposals to verify the required documentations are present and check references of the two (2) lowest proposals. 7. NOTICE OF AWARD: Upon written authorized from the OWNER, the Engineer shall prepare and distribute a Notice of Award (NOA) to the Contractor selected by the OWNER to perform the project. This task shall include the coordination with the Contractor. 8. CONSTRUCTION CONTRACTS: The Engineer shall prepare six (6) Contract Sets, circulate for execution, and distribute the executed originals. The contract value shall be based on the Contractor’s bid for the project. Expenses for the ENGINEER shall include mileage for site visits and meetings, miscellaneous reproduction costs, and postage costs as well as the other expenses listed in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services. ARTICLE D – GENERAL ADMINISTRATION The Engineer will provide general administration services to the Owner for this project. The work of the Engineer shall include: 1. SCOPE OF WORK AND FEE: The Engineer shall develop the detailed scope of work and proposed fee for the project. A draft scope of work shall be distributed to the Owner and MassDOT. Once review comments have been received, the Engineer will revise and finalize the scope of work and fee. 2. NEGOTIATE PROJECT SCOPE AND FEE: Once the IFE has been completed, the Owner and the Engineer shall negotiate the final scope of work and Engineering Fee. The Owner shall be responsible for preparing and submitting a record of negotiations letter to the FAA and MassDOT. Depending on the IFE, this may require revisions to the scope of work and proposed Engineering Fee. 3. ENGINEERING CONTRACTS: Once the final scope of work and Engineering Fee has been negotiated, the Engineer shall prepare six (6) Engineer Agreements and submit them to Owner for execution. Once the Agreements have been signed by the Engineer and the Owner, they will be forwarded to MassDOT for approval signature. Once the Agreements have been fully executed, the Engineer will distribute them to the Owner and MassDOT. 4. PROJECT NOTIFICATION FORM: The Engineer shall prepare and submit Project Notification Form (PNF) of the State Historic Preservation Office (SHPO) for the project on behalf of the Owner. This includes the Proposed Schedule, Anticipated Environmental Impacts, Estimated Cost, and a Project Location Figure. Additionally, this task includes coordination required to meet the requirements of SHPO, including follow-up coordination with FAA, MassDOT/AD, and MHC, review of existing MHC correspondence, and review of the EA and other permitting documents. ACK Install Fencing SCOPE OF WORK Exhibit A Page 6 of 10 5. CLEARINGHOUSE LETTERS: The Engineer shall prepare and submit State Clearinghouse Letters, as required, on behalf of the Owner. 6. MASSDOT GRANT APPLICATION: The Engineer shall prepare the MassDOT grant application for the Owner. The grant application includes, but is not limited MassDOT Application form, program narrative, project cost summery, and transmittal letters. The Owner shall be responsible for filing the MassDOT grant application. 7. REIMBURSEMENT PACKAGES: The Engineer shall assist the Owner in preparing MassDOT Payment Voucher (PV) packages for federal and state grant payments. It is assumed that two (2) PV packages will be prepared for this project. This task also includes coordinating and following up with the Owner on payments from MassDOT. The Owner shall be responsible for filing all reimbursement packages. 8. PROJECT EXPENDITURES: The Engineer shall prepare and submit project financial updates, as requested by the FAA, MassDOT and Owner. It is anticipated that this will be performed quarterly throughout the project. It is assumed that two (2) project financial updates will be prepared for this project. 9. PROJECT COORDINATION: The Engineer shall provide general coordination to the Owner for the duration of the project. This includes updates project progress which will be telephone calls, emails, and written correspondence. The project is assumed to have three (3) months. 10. PROJECT FILES: The Engineer shall establish and maintain design and project records and documentation. The records shall be electronically retained for a minimum of three (3) years following the completion of the project. This task includes the setup of project file folders, daily filing of project documentation, and storage of the documentation upon completion of the project. 11. PROJECT CLOSEOUT: The Engineer shall prepare and submit the required closeout documentation to the MassDOT and Airport upon completion of the project. Expenses for the ENGINEER shall include mileage for site visits and meetings, miscellaneous reproduction costs, and postage costs as well as the other expenses listed in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services. Services for Article D will be provided under a LUMP SUM basis. ARTICLE E – CONSTRUCTION ADMINISTRATION The duration of the Construction Contract and the degree of cooperation and competence of the Contractor will influence the time and level of effort required of the ENGINEER to provide Construction Administration services to the OWNER. It has been assumed that the construction duration will be two (2) weeks. The actual construction duration may vary from these assumptions, and the level of effort, and compensation, will vary accordingly. Further, it is assumed that the Contractor performing the work is cooperative and performs in a reasonable and customary manner. In no case shall the fees for Construction Administration exceed the total amount stated in Appendix A – Breakdown of Fees – Jacobs Engineering Group Inc. – Project Management, ACK Install Fencing SCOPE OF WORK Exhibit A Page 7 of 10 Construction Management and Grant Administration, without the execution of a SUPPLEMENTAL AGREEMENT. The ENGINEER shall provide Construction Administration Services to the OWNER to assist in the management of the construction phase of this project. The work of the ENGINEER shall include: 1. OWNER COORDINATION: The Engineer shall coordinate the construction activities with the OWNER. This task assumes a construction duration of two (2) weeks. It is assumed that daily construction activity coordination will be performed by phone, e-mail, and fax. On-site meetings will be under tasks listed below. 2. AGENCY COORDINATION: The Engineer shall coordinate the construction activities with the MassDOT. This task assumes a construction duration of two (2) weeks. It is assumed that construction activity coordination will be performed by phone, e-mail, and written correspondence. 3. SHOP DRAWINGS: The Engineer shall process shop drawings, certificates of compliance, and other Contractor submittals. This task assumes that the project will generate approximately six (6) submittals. Work under this task includes: preparation of project submittal logs, record each submittal upon receipt from Contractor, distribution of submittal to third party (if required), review of each submittal for compliance to the applicable specifications, provide written justification for submittal revisions and/or rejection (if required), review of third party review comments (if required), record review status of each submittal on the submittal log, and distribution of reviewed submittals to Contractor and Resident Engineer. 4. REVIEW CONTRACTOR’S PAY REQUEST: The Engineer shall review and process Contractor's pay requests. This task assumes that the Contractor will submit one (1) pay request. The task assumes that the Contractor and Resident Engineer have agreed to the payment quantities. 5. MONTHLY COMMISSION UPDATES: The Engineer shall prepare monthly updates for the Airport Commission’s meetings for the project. It is estimated that two (2) updates will be required. 6. REVIEW PAYROLLS: The Engineer shall review state wage rates and prepare the prevailing rate for each job classification anticipated for the project and amend rate sheet when new classifications are submitted on the certified payrolls by the Contractor. Review certified payrolls from the Contractor and all subcontractors and retaining copies for the OWNER's records. Return unacceptable certified payrolls to the Contractor and track certified payrolls to verify that payrolls are received for each workweek. 7. REVIEW OSHA: The Engineer shall review that OSHA cards have been submitted for each individual listed on each certified payroll submitted by the Contractor and all subcontractors. 8. RE SUPPORT AND COORDINATION: The Engineer shall provide assistance and support to the Resident Engineer and answer questions on Plan interpretations and minor changes. ACK Install Fencing SCOPE OF WORK Exhibit A Page 8 of 10 9. CONTRACTOR’S RFI’S: The Engineer shall respond to Contractor’s questions, requests for information (RFI), and proposed project changes. It is assumed that two (2) formal requests for information will be prepared and distributed to the MassDOT/AD, Airport, and Contractor. 10. CHANGE ORDER(S): The Engineer shall process one (1) Change Order if requested by the Contractor or required by the OWNER. This task shall include coordination with the contractor, agencies and airport, review of the change order request, negotiation of the change order, preparing the change order, and processing the change. 11. PUNCH LIST: Upon written request for substantial completion from the Contractor, the Engineer shall prepare a project punch list and distribute to the Contractor and Airport. 12. AS-BUILT PLANS: The Engineer shall prepare and sign "as-built" Plans prepared from information and survey data provided by the Contractor and input from the Resident Engineer. Distribute copies to the OWNER, FAA, and MassDOT. Provide electronic copies in AutoCAD 2013 or similar format and electronically on CD’s. Expenses for the ENGINEER shall include mileage for site visits and meetings, miscellaneous reproduction costs, and postage costs as well as the other expenses listed in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services. ARTICLE F – RESIDENT ENGINEERING The duration of the Construction Contract and the degree of cooperation and competence of the Contractor will influence the time and level of effort required of the ENGINEER to provide Resident Engineering services to the OWNER for up to five (5) days. It has been assumed that the construction duration will be two (2) weeks and that the Resident Engineer will not be on-site for the entire construction efforts. The actual construction duration may vary from these assumptions, and the level of effort, and compensation, will vary accordingly. Further, it is assumed that the Contractor performing the work is cooperative and performs in a reasonable and customary manner. In no case shall the fees for Resident Engineering exceed the total amount stated in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services, without the execution of a SUPPLEMENTAL AGREEMENT. The ENGINEER shall provide part-time, on-site Resident Engineering Services to the OWNER to observe construction for reasonable conformity with the Contract Documents to the extent of the customary practice of professional engineers for this work. It is assumed that the Contract period for the construction of this project will be two (2) weeks duration. The Resident Engineer will require the following services: Pre-Construction None During Construction Five (5) workdays for Resident Engineering Services. ACK Install Fencing SCOPE OF WORK Exhibit A Page 9 of 10 Post-Construction One (1) days for follow-up and to monitor punch list work. One (1) day for the review of "as-built" Plans, record keeping, and project close out. Pursuant to Federal labor laws, it is assumed the first eight (8) hours of each weekday are paid at the Resident Engineer's normal pay rate and that all additional time is considered “overtime” and is at a higher pay rate. The Resident Engineer's responsibilities shall be as enumerated in the Construction Contract Documents and shall include: Preparation of daily reports. Coordination of daily construction activities. Maintenance of estimates of construction quantities. Review of pay request quantities and change order requests from the Contractor and forwarding of acceptable requests to the ENGINEER for further processing. Acting as the OWNER's representative on the construction site. Coordination between the Contractor and the OWNER, and other Airport users. Attendance at all project meetings during construction. Preparation of job meeting agenda and meeting minutes. Observation of construction. Expenses for the ENGINEER shall include mileage for site visits and meetings, miscellaneous reproduction costs, and postage costs as well as the other expenses listed in Exhibit B – Breakdown of Fees – Jacobs Engineering Group Inc. – Engineering Design, Project Management, General Administration, and Construction Phase Services. ARTICLE G – PROJECT SCHEDULE The tentative complete project schedule (design) is as follows: TASK NAME DATE 1 Draft Scope of Work 3/15/2018 2 Final Scope of Work 3/22/2018 3 Draft Engineering Fee 3/22/2018 4 Negotiate Contract 3/24/2018 5 Notice to Proceed 3/24/2017 6 Start Design 3/24/2017 7 MassDOT Grant Application 3/9/2018 8 Design Plans and Specifications 4/6/2018 9 Solicit Proposals 4/6/2018 10 Receive Proposals 4/20/2018 ACK Install Fencing SCOPE OF WORK Exhibit A Page 10 of 10 11 Review Proposals 4/23/2018 12 Notice of Award and Contracts 4/30/2018 13 Notice to Proceed 5/15/2018 14 Start Construction 5/15/2018 15 Complete Construction 6/15/2018 16 Closeout 2/28/2018 ARTICLE H – PROJECT DELIVERABLES The following deliverables are to be provided by the Engineer in accordance with Articles A through F: Article B. – Design Design Plans and Specifications EEOC Construction Schedule Article C – Advertising and Proposals Solicitation for Proposals Proposal Tabulation Proposal Review Letter Contract Sets Article D – General Administration Draft and Final Scope of Work and Fee Final Engineering Agreements MHC Project Notification Form Clearinghouse Letters MassDOT Grant Application MassDOT Payment Vouchers (PVs) Project Close Out Documentation Article E. – Construction Administration Shop Drawing Submittal Log(s) Change Order(s), if required Certified Payroll Review Punch Lists “As-Built” Plans Article F.I – Resident Engineering Daily Reports END OF EXHIBIT A – SCOPE OF WORK ACK Install Fencing SCOPE OF WORK Exhibit B EXHIBIT B – BREAKDOWN OF FEES JACOBS ENGINEERING GROUP INC. Engineering Design, Project Management, General Administration and Construction Phase Services JACOBS ENGINEERING GROUP INC.EXHIBIT B - FEE ESTIMATE Hours* Fee 79 $8,800 38 $3,800 48 $5,000 Total Lump Sum Fee 165 $17,600 * Hours shown do not include subconsultant(s) efforts Hours* Fee 34 $4,300 56 $8,100 Total Cost Plus Fee 90 $12,400 TOTAL PROJECT FEE 255 $30,000 MassDOT Share 100% $30,000 PVC Share 0% $0 Article F: Resident Engineering Article E: Construction Administration Cost Plus Articles Lump Sum Articles Article D: General Administration Article C: Advertising and Proposals Article B. - Design NANTUCKET MEMORIAL AIRPORT (ACK) Nantucket Airport Commission - Nantucket Massachusetts Project: Not Used FEE SUMMARY Article A. - Data Collection INSTALL FENCING ASMP NO. TBD P:\NANTUCKET AIRPORT\2018\E2X7XXXX_2\200 Contract Phase\210 Contract With Client\003_SOW FEE_ACK Fence_draft 03152018 1 JACOBS ENGINEERING GROUP INC.EXHIBIT B - FEE ESTIMATE Article B. - Design Task ID WORK ITEM Principal in Charge Project Manager Project Engineer Civil Engineer Electrical Engineer Environ. Specialist CADD Admin Assistant TOTAL 1 DESIGN COORDINATION 2 2 2 6 2 DESIGN CRITERIA 1 2 1 1 5 3 PHASING AND SAFETY DESIGN 1 3 2 6 4 FENCING DESIGN 1 3 2 2 8 5 FOUNDATION DESIGN 2 3 2 7 6 STORMWATER BMP DESIGN 1 1 2 7 - Title Sheet and Drawing Index 1214 - General Plan 12 2 5 - Phasing and Safety Plan 12 3 6 - Fencing and Site Plan 12 3 6 - Fencing Details 12 2 5 - Foundation Details (2 Sheets)12 2 5 8 - Technical Specifications (Estimate 4 sections)1231 310 9 DESIGN QTO AND EEOC 1 1 2 10 DESIGN QA/QC 2 2 TOTAL HOURS 0 5 16 26 2 0 23 7 79 RATE $100 $73 $55 $45 $55 $60 $40 $26 PAYROLL ESTIMATE $0 $365 $880 $1,170 $110 $0 $920 $182 $3,627 TOTAL PAYROLL $3,627 Subconsultants Overhead 113.66%$4,122 None $7,749 Profit 12%$930 Payroll Fee $8,679 Subconsultants $0 Task ID Expenses: Expenses $121 8 & 9 Reprographics $121 Lump Sum Fee Total $8,800 Total Expenses $121 $8,800 DEVELOP DESIGN SPECIFICATIONS NANTUCKET MEMORIAL AIRPORT (ACK) Subtotal INSTALL FENCING Nantucket Airport Commission - Nantucket Massachusetts ASMP NO. TBD Article B. - Design - Total Fee = DEVELOP DESIGN PLANS $0 $0 P:\NANTUCKET AIRPORT\2018\E2X7XXXX_2\200 Contract Phase\210 Contract With Client\003_SOW FEE_ACK Fence_draft 03152018 2 JACOBS ENGINEERING GROUP INC.EXHIBIT B - FEE ESTIMATE Article C: Advertising and Proposals Task ID WORK ITEM Principal in Charge Project Manager Project Engineer Civil Engineer Electrical Engineer Environ. Specialist CADD Admin Assistant TOTAL 1 SOLICITATION FOR PROPOSALS 1 2 1 2 6 2 DISTRIBUTE TO CONTRACTORS 2 2 1 3 8 3 PROPOSAL LIST 1 3 3 7 4 CONTRACTOR'S QUESTIONS 2 2 4 5 PROPOSAL TAB 2 2 4 6 PROPOSAL REVIEW 2 1 3 7 NOTICE OF AWARD 1 1 2 8 CONSTRUCTION CONTRACTS 2 2 4 TOTAL HOURS 011450021638 RATE $100 $73 $55 $45 $55 $60 $40 $26 PAYROLL ESTIMATE $0 $73 $770 $225 $0 $0 $80 $416 $1,564 TOTAL PAYROLL $1,564 Subconsultants Overhead 113.66%$1,778 None $3,342 Profit 12%$401 Payroll Fee $3,743 Subconsultants $0 Task ID Expenses: Expenses $57 1-7 Reprographics $57 Lump Sum Fee Total $3,800 Total Expenses $57 $3,800 ASMP NO. TBD $0 Article C: Advertising and Proposals - Total Fee = $0 NANTUCKET MEMORIAL AIRPORT (ACK) INSTALL FENCING Subtotal Nantucket Airport Commission - Nantucket Massachusetts P:\NANTUCKET AIRPORT\2018\E2X7XXXX_2\200 Contract Phase\210 Contract With Client\003_SOW FEE_ACK Fence_draft 03152018 3 JACOBS ENGINEERING GROUP INC.EXHIBIT B - FEE ESTIMATE Article D: General Administration Task ID WORK ITEM Principal in Charge Project Manager Project Engineer Civil Engineer Electrical Engineer Environ. Specialist CADD Admin Assistant TOTAL 1 SCOPE OF WORK AND FEE 2 1 3 2 NEGOTIATE PROJECT SCOPE AND FEE 1 1 2 3 ENGINEERING CONTRACTS 1 2 3 4 PROJECT NOTIFICATION FORM 1 1 1 1 4 5 CLEARINGHOUSE LETTERS 1 1 1 1 4 6 MASSDOT GRANT APPLICATION 1 2 1 1 5 7 REIMBURSEMENT PACKAGES (2 PV'S) 2 2 4 8 PROJECT EXPENDITURES 2 1 3 9 PROJECT COORDINATION 2 1 3 10 PROJECT FILES 1 2 2 6 11 11 PROJECT CLOSEOUT 1 2 2 1 6 TOTAL HOURS 061080071748 RATE $100 $73 $55 $45 $55 $60 $40 $26 PAYROLL ESTIMATE $0 $438 $550 $360 $0 $0 $280 $442 $2,070 TOTAL PAYROLL $2,070 Subconsultants Overhead 113.66% $2,353 None $4,423 Profit 12% $531 Payroll Fee $4,954 Subconsultants $0 Task ID Expenses: Expenses $46 1-12 Reprographics $46 Lump Sum Fee Total $5,000 Total Expenses $46 $5,000Article D: General Administration - Total Fee = NANTUCKET MEMORIAL AIRPORT (ACK) Subtotal INSTALL FENCING Nantucket Airport Commission - Nantucket Massachusetts ASMP NO. TBD $0 $0 P:\NANTUCKET AIRPORT\2018\E2X7XXXX_2\200 Contract Phase\210 Contract With Client\003_SOW FEE_ACK Fence_draft 03152018 4 JACOBS ENGINEERING GROUP INC.EXHIBIT B - FEE ESTIMATE Article E: Construction Administration Task ID WORK ITEM Principal in Charge Project Manager Project Engineer Civil Engineer Electrical Engineer Environ. Specialist CADD Admin Assistant TOTAL 1 OWNER COORDINATION 2 2 2 AGENCY COORDINATION 2 2 3 SHOP DRAWINGS 4 4 4 REVIEW CONTRACTOR’S PAY REQUEST 1 1 5 MONTHLY COMMISSION UPDATES 2 2 1 5 6 REVIEW PAYROLLS 1 1 7REVIEW OSHA 1 1 8 RE SUPPORT AND COORDINATION 2 2 9 CONTRACTOR'S RFI'S 2 1 3 10 CHANGE ORDER(S) 1 2 1 1 5 11 PUNCHLIST 1 1 2 12 AS-BUILT PLANS 2 4 6 TOTAL HOURS 0986008334 RATE $100 $73 $55 $45 $55 $60 $40 $26 PAYROLL ESTIMATE $0 $657 $440 $270 $0 $0 $320 $78 $1,765 TOTAL PAYROLL $1,765 Subconsultants Overhead 113.66%$2,006 None $3,771 Profit 12%$453 Payroll Fee $4,224 Task ID Expenses: Subconsultants $0 1-13 Miscellanoues $30 Expenses $76 1-13 Reprographics $46 Lump Sum Fee Total $4,300 Total Expenses $76 $4,300Article E: Construction Administration - Total Fee = NANTUCKET MEMORIAL AIRPORT (ACK) INSTALL FENCING Subtotal Nantucket Airport Commission - Nantucket Massachusetts ASMP NO. TBD $0 $0 P:\NANTUCKET AIRPORT\2018\E2X7XXXX_2\200 Contract Phase\210 Contract With Client\003_SOW FEE_ACK Fence_draft 03152018 5 JACOBS ENGINEERING GROUP INC.EXHIBIT B - FEE ESTIMATE Article F: Resident Engineering Task ID WORK ITEM Principal in Charge Project Manager Project Engineer Civil Engineer Electrical Engineer Resident Engineer CADD Admin Assistant TOTAL 1 - Construction (5 days)40 40 - Punchlist work and follow-up (1 day)8 8 - As-built Plan review (1 day)8 8 TOTAL HOURS 00000560056 RATE $100 $73 $55 $45 $55 $40 $40 $26 PAYROLL ESTIMATE $0 $0 $0 $0 $0 $2,240 $0 $0 $2,240 TOTAL PAYROLL $2,240 Subconsultants Overhead 113.66%$2,546 None $4,786 Profit 12%$574 Task ID Expenses: Payroll Fee $5,360 Flights (@ $200/flight) x 2 flights $400 Subconsultants $0 Per Diem (@ $310/day) x 5 days $1,550 Car Rental (@ $600/week) x 1 weeks $600 Gas for Rental (@ $50/week) x 1 weeks $50 Parking (@ $50/week) x 1 weeks $50 Expenses $2,740 1-6 Miscellaneous $90 Lump Sum Fee Total $8,100 Total Expenses $2,740 $8,100 NANTUCKET MEMORIAL AIRPORT (ACK) INSTALL FENCING Subtotal 1 Nantucket Airport Commission - Nantucket Massachusetts ASMP NO. TBD $0 $0 Article F: Resident Engineering - Total Fee = RESIDENT ENGINEERING P:\NANTUCKET AIRPORT\2018\E2X7XXXX_2\200 Contract Phase\210 Contract With Client\003_SOW FEE_ACK Fence_draft 03152018 6 ACK Install Fencing SCOPE OF WORK Exhibit C EXHIBIT C – PROJECT AREA JACOBS ENGINEERING GROUP INC. Project Graphic Project Work Area Install Fencing (ASMP Grant) Nantucket Memorial Airport (ACK) Legend Nantucket Memorial Airport Work Area 200 ft N➤➤N © 2018 Google © 2018 Google © 2018 Google TOWN OF NANTUCKET CONTRACT AMENDMENT #2 with LAKES REGION ENV!RONMENTAL CONTRACTORS, INC. Project Name: Annual lnspection on ietA & Avgas Fuel Farm Systems Nantucket Memorial Airport Amendment Number: Two Agreement made this day of , 2018 by the Town of Nantucket, Nantucket Memorial Airport (hereinafter "TOWN") and Lakes Region Environmental Contractors, lnc. (hereinafter "coNTRACTOR"). WHEREAS, on or about the 12th of January, 2016, the parties hereto entered in a written contract, and on oraboutthe 11th day of July, 2OL7,the parties agreed to Amendment L, copies of which are hereby incorporated by reference; and WHEREAS, the parties hereto have mutually agreed to modify certain terms of said contrac! NOW THEREFORE, in consideration of mutual benefits, the same previous contract referred to, is hereby modified and changed in the following manner: Exhibit B - Payments - Amend ltem o. lncreose total amount of Controct by 57,000 to 51-30,300 to cover replocement ports outside of Controct Scope. HOWEVER, each and every one of the other provisions and conditions of said previous contract shall be made and remain in full force and effect, and this amendment shall change said contract only so far as specified herein. This project may be subject to budgetary limits, limiting total funds available hereunder. THIS AMENDMENT shall be effective 2018 and shall continue through the 31st day of December,2078, unless continued by agreement of the parties in writing prior to said termination date. lN WITNESS WHEREOF, we have hereunto joined in the Agreement as of the date first above written. GION ENVIRONMENTAL CONTRACTORS, INC. TOWN OF NANTUCKET/NANTUCKET MEMORIAL AIRPORT: John J. Paradise Date Daniel W. Drake, Chairman Approved as to Funds Available Date Date Brian E. Turbitt, Director of Municipal Finance. Or Bob Dickinson, Assistant Town Accountant' Date POLICY NANTUCKET MEMORIAL AIRPORT NON-AERONAUTICAL LEASES (BUNKER, OLD SOUTH & SUN ISLAND ROAD) LAND APPRAISAL CYCLES & FAIR MARKET VALUE CAP INCREASES Policy It is the policy of the Nantucket Memorial Airport that all non-aeronautical land leases in the Bunker, Old South and Sun Island Road portions of the airport be reviewed periodically in accordance with this policy for Fair Market Value (FMV) rental rate increases. This policy covers FMV increases only, and is in addition to any Consumer Price Index (CPI) or other increases stipulated in the lease. Purpose Due to significant land value increases in a short period of time on the island, a large disparity has occurred in rents being charged to various tenants. Under standard lease language, this spike in land value could result in rents more than doubling in rate. In order to lessen the monetary impact of potentially substantial increases on the Airport’s Tenants, the Airport Commission hereby establishes a rental rate increase cap of 10%. This policy is being created in an effort to comply with the Airport Grant assurances (31). Procedures Every three years, the airport shall procure a land appraisal for each of the three locations (Bunker, Old South & Sun Island Roads). These appraisals shall be for the entire group of parcels in these locations. Should the appraised value exceed the then current rent by 10% or greater, a maximum increase for FMV of 10% will be applied during the cycle identified in the lease. By VOTE taken on April 10, 2018 _______________________________ _______________________________ Daniel W. Drake, Chairman Andrea N. Planzer, Commissioner _______________________________ _______________________________ Arthur D. Gasbarro, Vice Chair Jeanette D. Topham, Commissioner _______________________________ Anthony G. Bouscaren, Commissioner Q3 / FY2018 Airport Enterprise Update Operating Revenue and Expenditures for the Nine Months Ended March 31, 2018 FY2018 Budget Nine Months Ended March 31,VarianceREVENUEw/ Carryfwd FY2018 FY2017 to Budget % to Budget YTD/YTD ($)YTD/YTD (%) Fixed Base Operations (FBO)2,935,000$ 2,438,055$ 2,381,825$ (496,945)$ 83%56,230$ 2%Revolver: Fuel Sales 4,000,000 4,000,000 4,000,000 - 100%- 0%Jet Fuel Sales in Excess of Revolving Fund 2,000,000 1,444,966 913,667 (555,034) 72%531,299 58%Passenger Facility Charge 425,000 424,731 507,816 (269) 100%(83,085) (16%)Rental Income 1,344,000 998,598 983,568 (345,402) 74%15,030 2%Fee Income 1,198,700 1,176,679 1,142,685 (22,021) 98%33,995 3%Vehicle Income 243,000 57,204 188,455 (185,796) 24%(131,251) (70%)Interest on Investments 29,000 37,868 38,361 8,868 131%(493) (1%)Other Income 318,900 304,908 277,411 (13,992) 96%27,497 10%Total Revenue*12,493,600$ 10,883,010$ 10,433,787$ (1,610,590)$ 87%449,223$ 4% OPERATING EXPENDITURES WITHOUT DEBT FY2018 Budget YTD FY2018 YTD FY2017 Var to Budget % to Budget YTD/YTD ($)YTD/YTD (%) Payroll - Salary 3,306,200$ 2,406,288$ 2,335,812$ (899,912)$ 73%70,476$ 3%Medicare P/R Tax Expense 47,900 34,874 33,957 (13,026) 73%917 3%Medical Insurance 764,500 550,073 544,124 (214,427) 72%5,949 1%Barnstable County Retirement 617,365 593,901 569,586 (23,464) 96%24,315 4%Fixed Based Operatoins 711,962 561,473 509,339 (150,489) 79%52,135 10%Revolver: Cost of Fuel 4,000,000 2,875,376 2,533,758 (1,124,624) 72%341,619 13%Jet Fuel Expense in Excess of Revolving Fund - - - - na - naOperations100,421 53,118 48,743 (47,303) 53%4,375 9%Service & Maintenance 755,365 317,842 376,804 (437,523) 42%(58,962) (16%)Administration 1,298,470 714,695 700,425 (583,775) 55%14,270 2% General Insurance 247,200 42,786 42,374 (204,414) 17%412 1% Indirect Costs 200,000 150,000 150,000 (50,000) 75%(0) (0%) Settlements - - - - na - naOther336,675 76,055 - (260,620) 23%76,055 naTotal Expenditures - Excluding Debt Service 12,386,058$ 8,376,481$ 7,844,921$ (4,009,577)$ 68%531,560$ 7% Surplus (Deficit) - Excluding Debt Service 107,542$ 2,506,529$ 2,588,866$ 2,398,987$ 2,331%(82,338)$ (3%) DEBT SERVICE FY2018 Budget YTD FY2018 YTD FY2017 Var to Budget % to Budget YTD/YTD ($)YTD/YTD (%)Principal 818,000$ 538,000$ 554,000$ (280,000)$ 66%(16,000)$ (3%)Interest 367,171$ 332,126$ 290,180$ (35,045) 90%41,946 14%Issuance Costs -$ -$ -$ - na - naBAN Costs, Principal, Interest 10,000 - 38,462 (10,000) 0%(38,462) (100%) Other - - - - na - na Total Debt Service 1,195,171$ 870,126$ 882,642$ (325,045)$ 73%(12,517)$ (1%) Surplus (Deficit) - Including Debt Service*(1,087,629)$ 1,636,403$ 1,706,224$ 2,724,032$ (150%)(69,821)$ (4%) OTHER FINANCING SOURCES FY2018 Budget YTD FY2018 YTD FY2017 Var to Budget % to Budget YTD/YTD ($)YTD/YTD (%) General Fund Subsidy -$ -$ -$ -$ na -$ na FY2018 FY2017 FinCom Transfer - - - na - naTransfer from Special Revenue Funds 700,000 300,000 - (400,000) 43%300,000 na Fuel Sales 5,444,966$ 4,913,667$ Encumbrance Carryforward 169,553 - - (169,553) 0%- naFuel Revolver Fund Balance Unavailable for R/E Calculation - (1,124,624) (1,466,243) (1,124,624) na 341,619 (23%)Less: Fuel Purchases (2,875,376) (2,533,758) Voted Use of Certified Retained Earnings - Operations 218,076 218,076 1,122,573 - 100%(904,497) (81%) Gross Profit 2,569,590 2,379,909 Total Other Financing Sources 1,087,629 (606,548)$ (343,670)$ (1,694,177)$ (56%)(262,878)$ 76% Total Surplus (Deficit) - Incl. Debt Service & Other Financing Sources*-$ 1,029,856$ 1,362,555$ 1,029,856$ 100%(332,699)$ (24%)Revolver Purchase Cap 4,000,000 4,000,000 Less: Purchases (2,875,376) (2,533,758) Unallocable Portion of Gross Profit 1,124,624 1,466,243 BENCHMARKS Profit Applied to Operating Budget 1,444,966$ 913,667$ Target Debt Service to Operating Expense Ratio 12%12%12%Current Debt Service to Operating Expense Ratio 10%8%8% Certified Retained Earnings 1,909,692$ -$ -$ % of Certified Retained Earnings Used for Operations 11%-$ -$ % of Certified Retained Earnings Used for One Time or Capex 28%-$ -$ *Note: Governments operate on a budgetary basis; therefore revenue earned in excess of the certified budget is not available to offset expenditures in the current fiscal year. Excess revenue and expenditure turnbacks must go through the State of Massachusetts retained earnings certification process before they can be appropriated at a subsequent annual and/or special town meeting. Once certified, retained earnings can only be appropriated at an annual and/or special town meeting. Third Quarter Fuel Sales - FY2016 to FY2018 Third Quarter Airport Operations Count - FY2016 to FY2018 YTD Aviation Fuel Revolving Fund - FY2018 vs. FY2017 Oct Nov Dec FY2016 8,909 6,465 5,419FY20178,426 6,876 6,756 FY2018 7,748 6,771 6,324 8,909 6,465 5,419 8,426 6,876 6,756 7,748 6,771 6,324 FY 2016 FY 2017 FY 2018 Jet A 92,099 98,047 134,214100 LL 18,539 21,981 19,158 16 17 18 19 20 21 22 23 - 20 40 60 80 100 120 140 160 (Thousands of Gallons)(Thousands of Gallons)Jet A 100 LL Logan Office Center, One Harborside Drive, Suite 205N East Boston, MA 02128 Tel: 617-412-3680, TTY: 857-368-0655 www.mass.gov/massdotLeading the Nation in Transportation Excellence April 4, 2018 DanielDrake, Chairman Town Airport Commission Nantucket Memorial Airport 14 Airport Rd Nantucket, MA 02554 Re: MassDOT Aeronautics Division Grant Award Notification Nantucket Memorial Airport Dear Mr. Drake, The Massachusetts Department of Transportation (MassDOT), Aeronautics Division is pleased to inform you that a state grant has been awarded to your airport for the following project: Airport: Nantucket Memorial Airport Date of Award: 3/22/2018 Project Name: Install Fence Around the Electric Vault Project Number: 2018-ACK-12 Grant Number: ACKFENVLT Grant Amount: $70,000 Grant Expiration Date: 6/30/2018 A standard contract and airport grant assurances are enclosed. Please sign, retain copies for your files, and return the following as soon as possible to MassDOT: 1. One signed standard contract form; we will return a completed copy to you. 1. One signed airport grant assurances. If you have any questions concerning this matter, please call me at (617) 412-3690. Sincerely, Michael Garrity Environmental Analyst cc: Airport Manager file Logan Office Center, One Harborside Drive, Suite 205N East Boston, MA 02128 Tel: 617-412-3680, TTY: 857-368-0655 www.mass.gov/massdotLeading the Nation in Transportation Excellence April 4, 2018 DanielDrake, Chairman Town Airport Commission Nantucket Memorial Airport 14 Airport Rd Nantucket, MA 02554 Re: MassDOT Aeronautics Division Grant Award Notification Nantucket Memorial Airport Dear Mr. Drake, The Massachusetts Department of Transportation (MassDOT), Aeronautics Division is pleased to inform you that a state grant has been awarded to your airport for the following project: Airport: Nantucket Memorial Airport Date of Award: 3/22/2018 Project Name: Construct Seasonal Hold Room and Gates Project Number: 2018-ACK-11 Grant Number: ACKHOLDRM Grant Amount: $142,500 Grant Expiration Date: 6/30/2018 A standard contract and airport grant assurances are enclosed. Please sign, retain copies for your files, and return the following as soon as possible to MassDOT: 1. One signed standard contract form; we will return a completed copy to you. 1. One signed airport grant assurances. If you have any questions concerning this matter, please call me at (617) 412-3690. Sincerely, Michael Garrity Environmental Analyst cc: Airport Manager file Logan Office Center, One Harborside Drive, Suite 205N East Boston, MA 02128 Tel: 617-412-3680, TTY: 857-368-0655 www.mass.gov/massdotLeading the Nation in Transportation Excellence April 4, 2018 DanielDrake, Chairman Town Airport Commission Nantucket Memorial Airport 14 Airport Rd Nantucket, MA 02554 Re: MassDOT Aeronautics Division Grant Award Notification Nantucket Memorial Airport Dear Mr. Drake, The Massachusetts Department of Transportation (MassDOT), Aeronautics Division is pleased to inform you that a state grant has been awarded to your airport for the following project: Airport: Nantucket Memorial Airport Date of Award: 3/22/2018 Project Name: Rates and Charges Study Project Number: 2018-ACK-10 Grant Number: ACKCHARGE Grant Amount: $80,000 Grant Expiration Date: 6/30/2018 A standard contract and airport grant assurances are enclosed. Please sign, retain copies for your files, and return the following as soon as possible to MassDOT: 1. One signed standard contract form; we will return a completed copy to you. 1. One signed airport grant assurances. If you have any questions concerning this matter, please call me at (617) 412-3690. Sincerely, Michael Garrity Environmental Analyst cc: Airport Manager file Logan Office Center, One Harborside Drive, Suite 205N East Boston, MA 02128 Tel: 617-412-3680, TDD: 617-973-7306 www.mass.gov/massdotLeading the Nation in Transportation Excellence GRANT ASSURANCES Nantucket Memorial Airport Construct Seasonal Hold Room and Gates ASMP Project No. # 2018-ACK-11 State Grant No. ACKHOLDRM A. Definitions. 1. "Aeronautics Division" shall mean the Massachusetts Department of Transportation (MassDOT) Aeronautics Division. 2. "Airport" shall mean the Nantucket Memorial Airport and all appurtenant areas and facilities which are used, or intended for use, for airport buildings, airport facilities, or rights-of-way, together with all buildings and facilities located thereon. 3. "Airport Commission" shall mean the Nantucket Airport Commission with members appointed by the Board of Selectmen, as appropriate pursuant to Section 51 E of Chapter 90 of the General Laws. 4. “Town” shall mean the Town of Nantucket. 5. "FAA" shall mean the Federal Aviation Administration. 6. "Grant" shall mean the Grant Agreements dated 3/22/2018 as amended by these Grant Assurances by and between the Aeronautics Division, the Airport Commission and the Town of Nantucket. 7. "Grant Assurances" shall mean the assurances and certifications contained herein and made by the Airport Commission for the purpose of securing the Aeronautics Division's approval and award of the Grant. 8. "Program" shall mean the investigation and analysis, engineering, consulting, planning, design and construction of the subject project. 9. "Project” shall mean Construct Seasonal Hold Room and Gates and related work included as additional efforts in the Program at the sole discretion of the Aeronautics Division. 10. The project will be conducted upon Airport property as well as outside the Airport boundaries with funding from the Airport Commission and the Aeronautics Division. B. General. 1. These Grant Assurances shall be complied with in the performance of the obligations imposed upon the Airport Commission, the Town and its respective successors pursuant to the Grant. Page 2 2. Upon acceptance of the Grant by the Airport Commission and the execution of the Grant by the Airport Commission, the Town and the Aeronautics Division, these Grant Assurances shall be incorporated in and become a part of the Grant without further reference. C. Duration. 1. The terms and conditions of these Grant Assurances shall take full force and effect on the date the Grant is executed by the Aeronautics Division and shall remain in full force and effect for twenty (20) years from the date of the receipt of funds for this Project by the Airport Commission or from the Aeronautics Division, whichever occurs later. D. Certifications by the Airport Commission 1. The Airport Commission hereby assures and certifies that it will comply with: a. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the acceptance, application, and use of state funds for this Project; and b. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the custody, care, management and operation of the Airport. 2. The Airport Commission hereby assures and certifies that: a. oversight of the Airport is exclusively held by the Airport Commission and that the Airport Commission has sole custody and control of the Airport pursuant to Chapter 90, Section 51 E of the General Laws; b. the state funds from previous grants from the Aeronautics Division, and the physical assets they produced, were sought by the Airport Commission on the basis that they would ensure the continued fiscal and operational stability of the Airport; c. the state funds from this Grant, and the physical assets they will produce, are sought by the Airport Commission on the basis that they will ensure the continued fiscal and operational stability of the Airport; d. the Airport Commission has the legal authority to apply for, accept, and be bound by this Grant and the understandings and assurances contained therein; e. the Airport Commission has the legal authority to oversee the performance of all of the obligations imposed upon the Airport Commission and the Town by this Grant; f. the Airport Commission, with the acceptance of this Grant, has sufficient state and local funds to finance and carry out this Project; g. the Airport Commission shall submit within thirty (30) days of the date the Aeronautics Division executes this Grant a finance plan with details as to the total Page 3 cost to design and construct the subject project and the sources and amounts of funds the Airport Commission has available to it to pay those costs; h. the Airport Commission shall not take any action which would deprive the Airport Commission of, or otherwise diminish, any of the rights, privileges, responsibilities or powers of the Airport Commission as are necessary to exercise the custody, care and management of the Airport or to perform the terms, conditions, and assurances in this Grant, previous grants and future grants from the Aeronautics Division without the prior written approval of the Aeronautics Division. The Airport Commission will act promptly to acquire, extinguish or modify any outstanding rights or claims of rights of others which would interfere with such performance by the Airport Commission; i. the Airport Commission shall not sell, encumber, other than leasing, or otherwise transfer or dispose of the title to or interests in the physical assets and real property located at the Airport without the prior approval of the Aeronautics Division, which shall not be unduly withheld; j. the Airport Commission shall not eliminate all or any portion of the physical assets and real property previously purchased through a Aeronautics Division grant, located at the Airport without the prior approval of the Aeronautics Division, which shall not be unduly withheld; and k. the Airport Commission has authorized the Chairman of the Airport Commission to execute the Grants and the Grant Assurances on behalf of the Airport Commission and has attached hereto a copy of the Airport Commission meeting minutes, certified by the Secretary of the Airport Commission to be a true copy of said minutes, documenting such authorization. E. Certification of the Chairman of the Board of Selectmen of Nantucket. 1. Notwithstanding any powers that may be granted to the Board of Selectmen of Nantucket the Town agrees not to attempt to reorganize the Airport Commission, or in any way to interfere with the autonomy and authority of the Airport Commission as created under Chapter 90, Section 51E of the General Laws, without the express approval of the Aeronautics Division. 2. The Town assures and certifies that it will take no actions that would interfere with the Airport Commission’s ability to comply with: a. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the acceptance, application, and use of state funds for this Project; and b. all applicable federal, state and local laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the custody, care, management and operation of the Airport. 3. The Town hereby assures, certifies and acknowledges that: Page 4 a. notwithstanding any powers, authority of responsibility that may be granted to the Town, it agrees not to interfere unlawfully with the powers, authority and responsibilities granted to the Airport Commission by Chapter 90, Section 51 E of the General Laws; provided, however, that this provision shall not preclude the establishment of a management agreement or agreements between the Airport Commission and the Town to contract for services, resources and skills of the Town offices or any department of the Town; provided further that each such agreement shall not take effect until approved by the Aeronautics Division in writing; b. the state funds from the Grant, and the physical assets they will produce, are sought by the Airport Commission on the basis that they will ensure the continued fiscal and operational stability of the Airport; c. The Airport Commission has the legal authority to apply for and accept this Grant and the understandings and assurances contained therein; d. The Airport Commission has the legal authority to oversee the performance of all the obligations imposed upon the Airport Commission and the Town by this Grant; and e. the Airport Commission, with the acceptance of this Grant, has sufficient state and local funds to finance and carry out this Project. 4. The Town hereby assures and certifies that: a. the Town shall not take or permit any action which would dissolve the Airport Commission or deprive the Airport Commission of any of the rights, privileges, responsibilities or powers of the Airport Commission as are necessary for it to exercise the custody, care and management of the Airport or to perform any or all of the terms, conditions, and assurances in the Grant, previous grants and future grants from the Aeronautics Division without the prior written approval of the Aeronautics Division, and the Town will act promptly to acquire, extinguish or modify any outstanding rights or claims of rights of others which would interfere with such performance by the Airport Commission; b. the Town shall not take any actions which would have the effect of modifying or terminating any of the obligations and responsibilities imposed upon and accepted by the Airport Commission pursuant to this Grant without the prior written approval of the Aeronautics Division; and c. the Town shall not take any action which would have the effect of altering, modifying, expanding, or eliminating all or any portion of the physical assets and real property located at the Airport without the prior written approval of the Aeronautics Division. Page 5 5. The Board of Selectmen hereby assures and certifies that it has authorized their Chairman to execute these Grant Assurances on behalf of the Town and has attached hereto a copy of the meeting minutes, certified by the Secretary to be a true copy of said minutes, documenting such authorization. F. Accounting System, Audit and Record Keeping Requirements. 1. The Airport Commission hereby covenants and agrees to: a. deposit all funds received for this Project into an Airport Commission segregated account and to disburse said funds solely for the purposes for which they were paid; b. keep all Project accounts and records which fully disclose: i) the total cost of the Project. ii) the amount and disposition by the Airport Commission of the proceeds of all grants and other funds received by the Airport Commission for this Project. iii) the amount and nature of the funds supplied by each source for this Project. and, iv) such other financial records as are pertinent to the Project; c. keep all Project accounts and records in accordance with an accounting system that will facilitate an effective financial audit of the Project; and d. upon request, make available to the Aeronautics Division or its designated representative for the purpose of audit and examination, any books, documents, papers, and records of the Airport Commission or Town that is pertinent to the Project. H. Conformity to Plans, Specifications and Aeronautics Division Approvals. 1. The Airport Commission shall execute the Project subject to the plans, specifications, budgets and schedules reviewed and approved by the Aeronautics Division and such other guidance as the Aeronautics Division deems appropriate. All modifications to the approved plans, specifications, budgets and schedules shall also be subject to the review and approval of the Aeronautics Division. 2. The Airport Commission shall provide and maintain competent technical and administrative supervision throughout the duration of the Project to ensure the Project is completed in accordance with the terms of the Grant, these Assurances, the approved plans, specifications, budgets and schedules. I. Airport Operation and Maintenance. 1. The Airport Commission shall operate the Airport for: Page 6 a. the aeronautical benefit of the public using the Airport; b. the uses intended by the Aeronautics Division in the approval of the Airport Certificate; c. the uses intended by the Aeronautics Division in the award of this funding grant; and d. such non-aeronautical uses as are explicitly approved in writing by the FAA and the Aeronautics Division. 2. The Airport Commission shall suitably operate and maintain the Airport and all facilities located thereon or connected therewith with due regard to climatic and flood conditions. The Airport and all facilities which are necessary to serve the aeronautical users of the Airport, other than facilities owned and controlled by the United states, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by federal or state agencies for airport maintenance and operation. 3. Except as provided for in Section I (5) below, the Airport Commission shall not cease to operate, abandon, or dispose of the Airport, or any part thereof, without the prior written consent of the Aeronautics Division. 4. The Airport Commission or the Board of Selectmen of the Town shall not close the Airport or restrict the use of the Airport or any of the facilities located thereon or connected therewith without the prior written permission of the Aeronautics Division. 5. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, may suspend the operation of the Airport for aeronautical use only during temporary periods when a climatic condition or other condition identified as a reason for suspension of airport operations in applicable federal or state aeronautical laws, rules, regulations, advisories, or orders, interferes with the safe operation and maintenance of the Airport. The Airport Commission, the Airport Manager or, in the absence of the Airport Manager, the Assistant Airport Manager, shall comply with all applicable federal or state aeronautical laws, rules, regulations, advisories, or orders governing said suspension of operations. 6. The obligation to operate the Airport as prescribed above shall run for twenty (20) years from the date of the receipt of funds for this Project by the Airport Commission from the Aeronautics Division. J. Compatible Land Use. 1. The Airport Commission and the Town shall take appropriate action to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the Page 7 Airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. K. Economic Nondiscrimination. 1. The Airport Commission and the Board of Selectmen of the Town shall make the Airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical use. 2. Every agreement, contract, lease or other arrangement under which a right or a privilege is granted to any person, firm, or corporation to conduct or engage in any activity at the Airport, shall require such person, firm, or corporation to conduct or engage in their respective activity(ies) in a fair, reasonable and not unjustly discriminatory manner. 3. Each person, firm, or corporation operating at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other persons, firms, or corporations making the same or similar uses of the Airport and utilizing the same or similar facilities. 4. The Airport Commission and Board of Selectmen of the Town shall not exercise or grant any exclusive right or privilege which operates to prevent any person, firm or corporation from providing the same or similar service at the Airport. 5. Subject to the prior written approval of the Aeronautics Division, the Airport Commission may prohibit or limit any given type, kind or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation needs of the public. 6. The Airport Commission shall establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport. L. Airport Revenues. 1. The Airport Commission shall maintain a fee and rental structure for all Airport property, facilities and services. Said fee and rental structure shall be constructed so as to make the Airport as self-sustaining as possible under the circumstances existing at the Airport. A copy of said fee and rental structure and any future amendments thereto shall be provided to the Aeronautics Division, upon request. 2. All revenues generated at the Airport and payable to the Airport Commission plus any local taxes on aircraft fuel established after December 30, 1987, shall be deposited in an Page 8 Airport Commission segregated account and expended by the Airport Commission for the capital or operating costs of the Airport. M. Reports and Inspections. 1. The Airport Commission shall, upon reasonable request: a. submit to the Aeronautics Division such annual or special financial and operations reports to the Aeronautics Division; b. make available to the public at reasonable times and places a report of the airport budget in a format satisfactory to the Aeronautics Division; c. make all Airport and Airport Commission records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Aeronautics Division; and d. in a format prescribed by the Aeronautics Division, provide to the Aeronautics Division and make available to the public, not later than one hundred and twenty (120) days following each of its fiscal years, an annual report listing in detail: i. all amounts paid by the Airport to any other unit of government and the purposes for which each such payment was made; and ii. all service and property provided by the Airport to other units of government and the amount of compensation received for providing each such service and property. N. Airport Layout Plan. 1. The Airport Commission shall maintain an up to date Airport Layout Plan (ALP) of the Airport which shall show: a. the boundaries of the Airport and all proposed additions thereto or deletions therefrom, together with the boundaries of all offsite areas owned or controlled by the Airport Commission for Airport purposes and any proposed additions thereto or deletions therefrom; b. the location and nature of all existing and proposed Airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, other buildings and structures, and roads) including all proposed extensions and reductions of existing airport facilities; and c. the location and nature of all existing and proposed non-aviation areas at the Airport and of all existing or proposed improvements located thereon. Page 9 2. The ALP, and each amendment, revision or modification thereof, shall be subject to the approval of the Aeronautics Division, which approval shall be evidenced by the signature of a duly authorized representative of the Aeronautics Division on the face of the ALP. 3. The Airport Commission and/or Board of Selectmen shall not make or permit any changes or alterations in the Airport or any of the facilities at the Airport thereby causing non-conformity with the ALP as approved by the Aeronautics Division and which might, in the opinion of the Aeronautics Division, adversely affect the safety, utility or efficiency of the Airport. If a change or alteration of the Airport or the facilities is made which the Aeronautics Division subsequently determines adversely affects the safety, utility or efficiency of the Airport, the Airport Commission and the Board of Selectmen shall, if requested by the Aeronautics Division: a. eliminate such adverse effect in a manner approved by the Aeronautics Division; or, b. bear all costs of relocating such property (or replacement thereof) to the level of safety, utility, efficiency and cost of operation existing prior to the unapproved change in the Airport or its facilities. O. Civil Rights. 1. The Owner and their respective agents, employees and representatives, shall comply with applicable federal, state, and local laws, regulations, rules and orders to assure that no person shall, based on race, color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry, national origin, disability, veteran’s status (including Vietnam-Era Veterans), be excluded from participating in any activity conducted with or benefiting from funds received from this Grant. P. Disposal of Land and Airport Facilities. 1. The Airport Commission and Board of Selectmen shall not sell or otherwise transfer or dispose of the title to or interests in the Airport, its facilities, real property or personal property without the prior approval of the Aeronautics Division, which will not be unduly withheld. Q. Foreign Market Restrictions. 1. The Airport Commission and Board of Selectmen shall not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Page 10 R. Future Grants. 1. This Grant is being awarded in the expectation that the Airport Commission will complete the scope of work associated with this Project. 2. The Airport Commission and Board of Selectmen (collectively referred to here as "the local entities") and the Aeronautics Division jointly and severally acknowledge and agree that this Grant is awarded and accepted on the explicit understanding that this Grant and any future grant or grants, anticipated to fund further development of the Airport will have included in its (their) terms a guarantee by the local entities that no part of the assets or income of the Airport, whether presently existing or to be created pursuant to these grants, will be diverted to non-airport uses without the express prior written approval of the Aeronautics Division, the granting of such approval being universally recognized to be considered as highly unlikely. S. Successors. 1. This Grant, as amended by these Assurances, shall be binding upon and shall inure to the benefit of the successors of the parties hereto. IN WITNESS WHEREOF, the Airport Commission and the Chairman of the Board of Selectmen of the Town of Nantucket certify that the information contained herein and attached hereto is accurate and complete and that we agree with the assurances herein, as represented by the signatures of the persons below: Nantucket Airport Commission By:__________________________ Title: Chairman Date: ______________________ I hereby certify that ___________________is the Chairman of the Nantucket Airport Commission and was authorized to execute these Grant Assurances on behalf of the Nantucket Airport Commission by a vote taken on____________, a copy of which is attached and made a part hereof. ____________________________________ Reporting Secretary Chairman of the Board of Selectmen, Town of Nantucket By: __________________________ Date: ________________________ I hereby certify that ____________________ is the Chairman of the Board of Selectmen for the Town of Nantucket and has been authorized to execute these Grant Assurances on behalf of the Town of Nantucket on this day_____________, 20_____. ___________________________________ Town Clerk, Town of Nantucket