060-2019 Taxiway A Pavement & Lighting C?�R COURTS\11
Kevin Madok, CPA
gf
#1*••.�`:: ;_ Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: October 2, 2019
TO: Beth Leto,Airports
Business Manager
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FROM: Pamela G. Hanco lif i.C.
SUBJECT: September 18th BOCC Meeting
Attached is an electronic copy of each of the following for your handling:
C14 Ratified Federal Aviation Administration AIP Multi-Year Grant Agreement No. 3-12-
0037-060-2019 providing$9,322,955.00 in funding($6,532,955.00 in Fiscal Year 2019 and
$2,800,000.00 in Fiscal Year 2020) for the Rehabilitation of Taxiway A Pavement and lighting
Construction for the Key West International Airport.The project will be funded 90%by FAA; 5%
FDOT; and 5% Passenger Facility Charges (PFC#18).
C16 Jacobs Project Management Co.'s Task Order No.12/15-45 in the amount of
$919,503.00 for data collection, programming, planning and 15% schematic design of a new
second-floor Concourse "A" to the north of the existing terminal facility to accommodate new hold
rooms, concession spaces, restrooms, and passenger loading bridges.The preliminary design will
define the project scope, operational parameters, statement of probable construction costs and
phasing. This task order will be funded 100%with Passenger Facility Charges Fund 406 (PFC
#18). Also included is an e-mail regarding the reference to a spreadsheet(Page 9) which is not
attached since this is a lump sum agreement.
Should you have any questions, please feel free to contact me at ext. 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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U.S.Department C FY
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer August 14, 2019
Airport/Planning Area Key West International
AIP Grant Number 3-12-0037-060-2019
DUNS Number 155639339
TO: Monroe County Board of County Commissioners
(herein called the"Sponsor")
FROM: The United States of America(acting through the Federal Aviation Administration, herein called the
"FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated June 26, 2019,for a grant of
Federal funds for a project at or associated with the Key West International Airport,which is included as
part of this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Key West International Airport (herein called the
"Project") consisting of the following:
Rehabilitate Taxiway A Pavement and Lighting-Construction Phase
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified,49 U.S.C. §40101, et seq., and the former Airport and Airway Improvement Act
of 1982 (AAIA), as amended and recodified, 49 U.S.C. §47101, et seq., (herein the AAIA grant statute is
referred to as "the Act"),the representations contained in the Project Application, and in consideration of
(a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014, as applied and
interpreted consistent with the FAA Reauthorization Act of 2018 (see 2018 FAA Reauthorization grant
condition.), (b) and the Sponsor's acceptance of this Offer; and, (c)the benefits to accrue to the United
States and the public from the accomplishment of the Project and compliance with the Grant Assurances
and conditions as herein provided.
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety(90) percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$6,532,955.
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The following amounts represent a breakdown of the maximum obligation for the purpose of establishing
allowable amounts for any future grant amendment,which may increase the foregoing maximum
obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$0 for planning
$9,332,955 airport development or noise program implementation; and,
$0 for land acquisition.
The source of this Grant may include funding from the Small Airport Fund.
2. Multi-Year Grant.This project is part of a multi-year grant, which is more fully described in the Special
Conditions.The total United States share of the project is$9,322,955, and the project is planned to be
funded in Fiscal Years 2019 and 2020. For the fiscal years in which this project is being funded,the FAA will
establish that fiscal year's maximum obligation in a letter to the Sponsor.When the FAA can calculate the
funding and incur the obligation,the FAA will issue this letter to the Sponsor. Funding which will be subject
to the restriction on the use of such apportionments imposed on FAA by existing and future
Appropriations Acts.This commitment does not in itself obligate, preclude, or restrict the FAA in the use of
any funds made available for discretionary use to further aid the Sponsor in meeting the cost of this
project.
3. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this
agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period
of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance (2 CFR§200.309). Unless the FAA authorizes a written extension,the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later
than 90 calendar days after the end date of the period of performance (2 CFR§200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that
extend beyond the closeout of a grant agreement.
4. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
5. Indirect Costs-Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost
rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct
salaries and wages.
6. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be
made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of
the United States' share will be based upon the final audit of the total amount of allowable project costs
and settlement will be made for any upward or downward adjustments to the Federal share of costs.
7. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308,the Sponsor agrees to report
to the FAA any disengagement from performing the project that exceeds three months.The report must
include a reason for the project stoppage.The Sponsor also agrees to comply with the assurances which
are part of this agreement.
8. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
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9. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of
the costs of the project unless this offer has been accepted by the Sponsor on or before September 4,
2019, or such subsequent date as may be prescribed in writing by the FAA.
10. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to
recover Federal funds spent fraudulently,wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner for any project upon which Federal funds have been expended. For the
purposes of this grant agreement,the term "Federal funds" means funds however used or dispersed by
the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds.The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order, or judgment,to the Secretary.The Sponsor must furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require
advance approval by the Secretary.
11. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage
to property or injury to persons which may arise from, or be incident to, compliance with this grant
agreement.
12. System for Award Management(SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this grant, or receives the final
payment, whichever is later.This requires that the Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information or
another award term.Additional information about registration procedures may be found at the SAM
website (currently at http://www.sam.gov).
B. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. (D & B)to uniquely identify business entities.A DUNS number
may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at
http://fedgov.dnb.com/webform).
13. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
14. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or
five percent(5%), whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally
reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in
the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not
exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum
obligation does not apply to the "planning" component of condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of
the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
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15. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may
suspend, cancel, or terminate this agreement.
16. Financial Reporting and Payment Requirements.The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
17. Buy American. Unless otherwise approved in advance by the FAA,the Sponsor will not acquire or permit
any contractor or subcontractor to acquire any steel or manufactured products produced outside the
United States to be used for any project for which funds are provided under this grant.The Sponsor will
include a provision implementing Buy American in every contract.
18. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. §47108(b), as
amended,the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land project.
19. Audits for Public Sponsors.The Sponsor must provide for a Single Audit or program specific audit in
accordance with 2 CFR part 200.The Sponsor must submit the audit reporting package to the Federal
Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested.
20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §180.200, the
Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management(SAM)to determine if the non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded
or disqualified from participating.
B. Require prime contractors to comply with 2 CFR§180.330 when entering into lower-tier transactions
(e.g. Sub-contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered
transaction with an ineligible entity or(2) suspends or debars a contractor, person, or entity.
21. Ban on Texting While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such
as:
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a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
22. AIP Funded Work Included in a PFC Application.
Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration
an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC
project also covered under this grant award.The airport sponsor may not make any expenditure under
this award until project work addressed under this award is removed from an approved PFC application by
amendment.
23. Exhibit"A" Property Map.The Exhibit "A" Property Map dated April 2, 2004, is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
24. Employee Protection from Reprisal.
A. Prohibition of Reprisals—
1. In accordance with 41 U.S.C. §4712, an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub-paragraph (A)(2), information that the employee reasonably believes is
evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is
covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
v. A court or grand jury;
vi. A management office of the grantee or subgrantee; or
vii. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General (OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector
General's office are established under 41 U.S.C. §4712(b)
6. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct
or continue an investigation by the Office of Inspector General, the person submitting a complaint
assumes the right to a civil remedy under4l U.S.C. §4712(c).
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25. 2018 FAA Reauthorization.This grant agreement is subject to the terms and conditions contained herein
including the terms known as the Grant Assurances as they were published in the Federal Register on April
3, 2014. On October 5, 2018, the FAA Reauthorization Act of 2018 made certain amendments to 49 U.S.C.
chapter 471.The Reauthorization Act will require FAA to make certain amendments to the assurances in
order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments
to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the
offer of this grant,the existing assurances are attached herein; however, FAA shall interpret and apply
these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the
assurances and Federal statutes, the statutes shall apply.The full text of the Act is at
https://www.congress.gov/bil I/115th-congress/house-bill/302/text.
SPECIAL CONDITIONS
26. Multi-Year Grants-Letter of Agreement.The maximum obligation for the current fiscal year stated in
Condition 1 of this grant agreement may be increased by the additional amounts, if any, added by the FAA
letter to the Sponsor discussed in the subparagraph below, but may not exceed the United States' share of
the total estimated cost of completion, except as provided in 49 USC§47108(b).
Under 49 USC§47108, as amended, and at the Sponsor's request,the FAA commits the United States to
obligate an additional amount to this project for FY-2020 pursuant to 49 USC§47114 and subject to the
restrictions on the use of such apportionments imposed on FAA by current or future statute or regulation.
It is further understood by the Sponsor and the FAA that this commitment does not in itself obligate,
preclude, nor restrict the FAA in the use of any funds made available for discretionary use to further aid
the Sponsor in meeting the cost of this project under the terms of this grant agreement and limitations of
the law.
The exact amount of this commitment will be established for each fiscal year by the FAA in a letter to the
Sponsor stating the current maximum obligation for this project.This letter will be issued to the Sponsor
by the FAA when such computation and obligation can be made in FY-2020.The Sponsor and the FAA
agree that upon its issuance, this letter will be considered incorporated by reference into this grant
agreement.
27. Lighting.The Sponsor must operate and maintain the lighting system during the useful life of the system in
accordance with applicable FAA standards.
28. Pavement Maintenance Management Program.The Sponsor agrees that it will implement an effective
airport pavement maintenance management program as required by Grant Assurance Pavement
Preventive Management.The Sponsor agrees that it will use the program for the useful life of any
pavement constructed, reconstructed, or repaired with federal financial assistance at the airport.The
Sponsor further agrees that the program will:
A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport
Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an
effective maintenance program, specific types of distress and its probable cause, inspection guidelines,
and recommended methods of repair;
B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive
and repair, is performed;
C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and
Reference, meeting the following requirements:
1. Pavement Inventory.The following must be depicted in an appropriate form and level of detail:
a. Location of all runways,taxiways, and aprons;
b. Dimensions;
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c. Type of pavement; and,
d. Year of construction or most recent major rehabilitation.
2. Inspection Schedule.
a. Detailed Inspection.A detailed inspection must be performed at least once a year. If a history
of recorded pavement deterioration is available, i.e., Pavement Condition Index(PCI) survey as
set forth in the Advisory Circular 150/5380-6,the frequency of inspections may be extended to
three years.
b. Drive-By Inspection.A drive-by inspection must be performed a minimum of once per month
to detect unexpected changes in the pavement condition. For drive-by inspections,the date of
inspection and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years.The type
of distress, location, and remedial action,scheduled or performed, must be documented.The
minimum information is:
a. Inspection date;
b. Location;
c. Distress types; and
d. Maintenance scheduled or performed.
4. Information Retrieval System.The Sponsor must be able to retrieve the information and records
produced by the pavement survey to provide a report to the FAA as may be required.
29. Project which Contain Paving Work in Excess of$500,000.The Sponsor agrees to:
A. Furnish a construction management program to the FAA prior to the start of construction which
details the measures and procedures to be used to comply with the quality control provisions of the
construction contract, including, but not limited to, all quality control provisions and tests required by
the Federal specifications.The program must include as a minimum:
1. The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the
contract;
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on
the project,together with a description of the services to be provided;
• 3. Procedures for determining that the testing laboratories meet the requirements of the American
Society of Testing and Materials standards on laboratory evaluation referenced in the contract
specifications(D 3666, C 1077);
4. Qualifications of engineering supervision and construction inspection personnel;
5. A listing of all tests required by the contract specifications, including the type and frequency of
tests to be taken,the method of sampling,the applicable test standard,and the acceptance
criteria or tolerances permitted for each type of test; and
6. Procedures for ensuring that the tests are taken in accordance with the program,that they are
documented daily, and that the proper corrective actions,where necessary,are undertaken.
B. Submit at completion of the project, a final test and quality assurance report documenting the
summary results of all tests performed; highlighting those tests that indicated failure or that did not
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meet the applicable test standard.The report must include the pay reductions applied and the reasons
for accepting any out-of-tolerance material.Submit interim test and quality assurance reports when
requested by the FAA.
C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests,will,
absent any compelling justification; result in a reduction in Federal participation for costs incurred in
connection with construction of the applicable pavement.Such reduction will be at the discretion of
the FAA and will be based on the type or types of required tests not performed or not documented
and will be commensurate with the proportion of applicable pavement with respect to the total
pavement constructed under the grant agreement.
D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that sponsor test results are inaccurate.
30. Small Airport Fund.The source of this grant may include funding from the Small Airport Fund.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and conditions as provided herein.
Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATIO
(Signature)
Bart Vernace
(Typed Name)
Manager
(Title of FAA Official)
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•
PART I I-ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in
the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of
the terms and conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this 1 t0 day of At)u S+- , 2° I q ,
Monroe County Board of County
Commissioners
(Nam of Spon or
•
(Signatur ponsor's Authorized Offici I)
By: Sylvia J. Murphy
(Typed Name of Sponsor's Authorized Official)
Title: Mayor/Chairman
(Title of Sponsor's Authorized Official
6OGG 4 PPRo✓6S) `I IlcrI11
CERTIFICATE OF SPONSOR'S ATTORNEY
I, rQF6/L Mh./2 i , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws
of the State of ct-I4tD4. Further, I have examined the foregoing Grant Agreement and the actions taken
by said Sponsor and Sponsor's official representative has been duly authorized and that the execution
thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are
no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at 1 :-"`t w f (location) this 22 day of J 4 0-5/ 2u 1 5 \
C) By: v,_, .,6•N-449
Q _ (Signs re of Spo orney)
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'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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