Item C17 C.17'
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�ff` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: C.17
Agenda Item Summary #7317
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
No
AGENDA ITEM WORDING: Ratification and approval of Federal Aviation Administration AIP
Grant Agreement 43-12-0037-061-2020 providing $4,958,363.00 in funding for the Key West
International Airport Noise Insulation Program (NIP) at Key West by the Sea (KWBTS),
Construction Management& Administration and Construction of Building A (Part 1), Preparation of
Final Bid Documents & Bid Process for Building A (Part 2), Airport Noise Program Coordinator
Services, and Part 150 Noise Exposure Map (NEM) Update. The project will be funded 100% by
FAA.
ITEM BACKGROUND: This project is for Noise Mitigation Measures for Residences within 65-
69 DNL (i.e., Noise Insulation Program at Key West by the Sea Condominiums: Construction
Management& Administration and Construction of Building A (Part 1) and Preparation of Final Bid
Documents & Bid Process for Building A (Part 2)), Airport Noise Program Coordinator Services,
and FAA-required update of the Part 150 Noise Exposure Maps (NEM).
The actual Grant Agreement document was not received from the FAA in time to meet the
agenda deadline, so an example was included in the agenda package for review purposes. The
actual Grant Agreement is forthcoming and will be executed by the Director of Airports and
returned to the FAA by the required deadline. A copy of the actual Grant Agreement will be
included in a revised agenda item for review and approval.
The objective of this project is to reduce interior noise levels generated by exterior aircraft
operations for neighboring residents whose homes qualify for the FAA-approved Noise Insulation
Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise Compatibility
Program and associated Noise Exposure Maps, and pursuant to AIP Handbook Appendix R and
other related federal requirements.
The update to the Noise Exposure Maps is required by the FAA to identify potentially eligible noise-
sensitive land uses for inclusion in future phases of the Noise Insulation Program (NIP).
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C.17
PREVIOUS RELEVANT BOCC ACTION: On May19, 2010, the BOCC granted approval for the
Mayor to execute FAA and FDOT grants as received to meet deadlines for return to the granting
agency and expedite use of grant funds, with grants to be ratified by the County Commission at the
next BOCC meeting.
September 16, 2020 Agenda concurrent requests:
1. Award of bid/contract to bidder DEC Contracting Group, Inc.
2. Approval ofPSO #6 with THC for construction management& administration, and preparation
offinal bid documents and bid process.
3. Approval ofAvigation Easements and Property Owner Noise Insulation Agreements
4. Approval of Jacobs Project Management Co. 's Task Order No.12/15-75 for Airport Noise
Program Coordinator Services PSO #75
5. Approval of Jacobs Project Management Co. 's Task Order No.12/15-76 for Noise Exposure
Maps Update PSO #76
CONTRACT/AGREEMENT CHANGES:
New Grant
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
EXECUTED EYW-SOG-3-12-0037-061-2020-Grant Agreemet(part 1) (9/4/20)
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: Four(4)years after execution
Total Dollar Value of Contract: $4,958,363.00
Total Cost to County: -0-
Current Year Portion: same
Budgeted: Yes
Source of Funds: FAA Grant 437-61 (100%)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
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C.17
REVIEWED BY:
Beth Leto Completed 09/01/2020 1:01 PM
Richard Strickland Completed 09/01/2020 1:38 PM
Pedro Mercado Completed 09/01/2020 2:08 PM
Purchasing Completed 09/01/2020 2:21 PM
Budget and Finance Completed 09/01/2020 2:45 PM
Maria Slavik Completed 09/01/2020 4:00 PM
Liz Yongue Completed 09/01/2020 6:45 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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0 Orlando Airports District Office
U.S. Department 8427 SouthPark Circle,Suite 524
of Tronsportaiion Orlando,FL 32819
Federal Aviation Phone:(407)487-7220
Administration
September 3, 2020
Mr. Richard Strickland
Executive Director
Key West International Airport
3491 S. Roosevelt Boulevard i
Key West, Florida 33040 Co
Dear Mr. Strickland:
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We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP)
Project No. 3-12-0037-061-2020 at Key West International Airport in Key West, Florida. This letter
outlines expectations for success. Please read the conditions and assurances carefully.
To properly enter into this agreement, you must do the following:
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a. The governing body must provide authority to execute the grant to the individual signing the 2
grant; i.e. the sponsor's authorized representative.
b. The sponsor's authorized representative must execute the grant,followed by the attorney's
certification, no later than September 17,2020, in in order for the grant to be valid.
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c. The grant offer must be electronically signed by the sponsor's legal signatory authority and then cv
the grant offer will be routed via email to the sponsor's attorney. Once the attorney has
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electronically attested to the grant, an email with the executed grant will be sent to all parties.
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d. You may not make any modification to the text,terms or conditions of the grant offer. ,
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Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this
grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant
Agreement for more information regarding the use of this System.
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The terms and conditions of this agreement require you to complete the project without undue delay.
We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect
you to submit payment requests for reimbursement of allowable incurred project expenses
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consistent with project progress. Should you fail to make draws on a regular basis, your grant may be
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placed in "inactive" status, which will affect your ability to receive future grant offers.
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Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
• A signed/dated SF-270(non-construction projects) or SF-271 or equivalent (construction
projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this
grant is open (due December 31 of each year this grant is open); and
• Performance Reports, which are due within 30 days of the end of a reporting period as follows..
1. Non-construction project: Due annually at end of the Federal fiscal year.
2. Construction project:Submit FAA form 5370-1, Construction Progress and Inspection
Report at the end of each fiscal quarter.
As a condition of receiving Federal assistance under this award, you must comply with audit co
requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend
$750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note ,W
that this includes Federal expenditures made under other Federal-assistance programs. Please take
appropriate and necessary action to assure your organization will comply with applicable audit `=
requirements and standards.
Once the project(s) is completed and all costs are determined, we ask that you close the project
without delay and submit the necessary final closeout documentation as required by the Orlando
Airports District Office. E
Krystal Ritchey, 407-487-7233, is the assigned program manager for this grant and is readily available
to assist you and your designated representative with the requirements stated herein. We sincerely
value your cooperation in these efforts and look forward to working with you to complete this
important project.
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U.S.Department
of Transportation
Federal Aviation
Administration CL
GRANT AGREEMENT
PART I—OFFER
Federal Award Offer Date September 3, 2020co
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Airport/Planning Area Key West International Airport
AIP Grant Number 3-12-0037-061-2020 '✓
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Unique Entity Identifier 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 2
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated May 19, 2020,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
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WHEREAS,the FAA has approved a project for the Key West International Airport (herein called the
"Project") consisting of the following:
Noise Mitigation Measures for Residences within 65-69 DNL(Sound Insulation of Key West By the Sea
Condominiums Building A Part 1—Construction, Preparation of Final Bid Documents for Building A Part
2, and Update Noise Exposure Maps) �?
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
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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
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OFFERS AND AGREES to pay one hundred (100) percent of the allowable costs incurred
accomplishing the Project as the United States share of the Project.
Assistance Listings Number(Formerly CFDA Number): 20.106
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
$4,958,363. co
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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): '✓
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$0 for planning
$4,958,363 for airport development or noise program implementation; and,
$0 for land acquisition.
2. 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 2
Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the 2
period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension,the sponsor
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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. cv
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA
has determined to be ineligible or unallowable.
4. 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 LU
direct salaries and wages. LU
S. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will
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be made in accordance with the regulations, policies, and procedures of the Secretary. Final
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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 0)
Federal share of costs.
6. 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
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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.
7. 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.
8. 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 1
17, 2020 or such subsequent date as may be prescribed in writing by the FAA. Co
9. 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.
10. United States Not Liable for Damage or Iniury.The United States is not responsible or liable for cv
damage to property or injury to persons which may arise from, or be incident to, compliance with this
grant agreement.
11. 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 >_
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information or another award term.Additional information about registration procedures may be
found at the SAM website (currently at http://www.sam.gov).
B. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a specific
commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov atLu
https:/Zsam.gov/SAM/pages/publicLindex.Lsf.
12. Electronic Grant Pavment(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.
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13. 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.
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The FAA can also issue an informal letter amendment that modifies the grant description to correct co
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.
14. 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.
15. 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.
16. 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.
17. Maximum Oblieation Increase. 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 if funds are available;
C. May be increased by not more than 15 percent for land project if funds are available.
18. Audits for Public Sponsors.The Sponsor must provide for a Single Audit or program specific audit in >-
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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 atLu
http:Ilharvester.census. ovlfaceb/. Provide one copy of the completed audit to the FAA if
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requested.
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19. 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
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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).
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C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered co
transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity.
20. Ban on Textine While Drivine.
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, W'
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:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and cv
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.
21. 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.
22. Employee Protection from Reprisal.
A. Prohibition of Reprisals— LU
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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
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or body described in sub-paragraph (A)(2), information that the employee reasonably believes
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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
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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 co
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.
s. 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) E
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).
23. 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/bill/115th-congress/house- >-
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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 ADMINISTRATION
(Signature)
Bart Vernace W
(Typed Name) N
Manager
(Title of FAA Official)
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PART 11-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 3 day of September
Monroe County Board of County i
Commissioners co
_..._.._..m.... ..m._...,...,_. _. ._.._._.. Sponsor)
.._.._.._...._._..__ _
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(Name o �-
Richcrrd StricKlan�, `''
Richard Strkkland SeP 3,2026 33:,,55 EDT)
.m.................._._.........._.,.»...,............._.._..._._..___..._.._.._..._.._.._..__......_......__.................
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(Signature ofSponsor's Authorized Official)
By: Richard Strickland
............................_..........._._._._ _._._._._.__.__. ..... ..
(Typed Name ofSponsor's Authorized Official)
Title: Director of Airports
• ._.......___..._._..__.._.....__....._.._..._..__.._.._._..__.._.._.__....._.._.._.._......._......._._.._.__._..._.
(Title ofSponsor's Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
I� Pedro J Mercado 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 `V
laws of the State of Florida. Further, 1 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 Key West (location)this 3rd day of September 2020
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By: Pedro J Merc,ac441S u20 12:06 EDT!
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(Signature of Sponsor's Attorney) LU
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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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ASSURANCES
PLANNING AGENCY SPONSORS
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A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for airport
sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency with i
control of a public-use airport;the term "private sponsor" means a private owner of a co
public-use airport; and the term "sponsor" includes both public agency sponsors and >-
private sponsors. �--
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in `=
and become part of this grant agreement.
B. Duration and Applicability.
The terms, conditions and assurances of this grant agreement shall remain in full force and
effect during the life of the project.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance and use of
Federal funds for this project including but not limited to the following:
FEDERAL LEGISLATION
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a. Title 49, U.S.C., subtitle VII, as amended.
b. Federal Fair Labor Standards Act-29 U.S.C. 201, et seq.
c. Hatch Act—5 U.S.C. 1501, et seq.2
d. Rehabilitation Act of 1973 -29 U.S.C. 794 Lu
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e. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin)
f. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.),
prohibits discrimination on the basis of disability
g. Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq.
h. Single Audit Act of 1984-31 U.S.C. 7501, et seq.2
i. Drug-Free Workplace Act of 1988-41 U.S.C. 702 through 706.
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EXECUTIVE ORDERS
a. Executive Order 12372- Intergovernmental Review of Federal Programs
FEDERAL REGULATIONS
a. 2 CFR Part 180- OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to
Grants and Contracts with State and Local Governments, and OMB Circular A-133-
Audits of States, Local Governments, and Non-Profit Organizations].4,s,6co
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c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures .�
e. 14 CFR Part 16- Rules of Practice For Federally Assisted Airport Enforcement c®
Proceedings.
f. 28 CFR§ 50.3- U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964.
g. 49 CFR Part 18- Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3 E
h. 49 CFR Part 20- New restrictions on lobbying.
L 49 CFR Part 21—Nondiscrimination in federally-assisted programs of the Department
of Transportation -effectuation of Title VI of the Civil Rights Act of 1964. ,
j. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
k. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
N
I. 49 CFR Part 30- Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors. '
m. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government
Services.
n. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964.
o. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
p. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance)
q. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L.
109-282, as amended by section 6202 of Public Law 110-252).
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SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this grant agreement.
FOOTNOTES TO ASSURANCE C.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments
by this regulation and circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code. co
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB)
issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former
Uniform Administrative Requirements for Grants(OMB Circular A-102 and Circular A-110 `®
or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part
220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230).Additionally it replaces
Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section
200.110, the standards set forth in Part 200 which affect administration of Federal awards
issued by Federal agencies become effective once implemented by Federal agencies or
when any future amendment to this Part becomes final. Federal agencies, including the
Department of Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26, 2014 unless
different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for n,
determining the eligibility of specific types of expenses. cv
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
It has legal authority to apply for this grant, and to finance and carry out the proposed cv
project; that a resolution, motion or similar action has been duly adopted or passed as an
official act of the applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may be Lu
required.
3. Sponsor Fund Availability.
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It has sufficient funds available for that portion of the project costs which are not to be LU
paid by the United States.
4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and
assurances in this grant agreement without the written approval of the Secretary
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5. Consistency with Local Plans.
The project is reasonably consistent with plans(existing at the time of submission of this
application)of public agencies in the planning area.
6. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant, the total cost of the project
in connection with which this grant is given or used, and the amount or nature of that
portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project.The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the i
Single Audit Act of 1984. CO
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and '✓
examination, any books, documents, papers, and records of the recipient that are
pertinent to this grant.The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a grant or relating
to the project in connection with which this grant was given or used, it shall file a
certified copy of such audit with the Comptroller General of the United States not later
than six(6) months following the close of the fiscal year for which the audit was made.
7. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative n,
contained in the project application or with modifications similarly approved. cv
b. It will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning cv
project a notice that the material was prepared under a grant provided by the United
States.
d. It will make such material available for examination by the public, and agrees that no '
material prepared with funds under this project shall be subject to copyright in the >-
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United States or any other country.
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e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant. Lu
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f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the 0)
right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees
to do all or any part of the project.
12
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h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not
mean constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
8. Reports and Inspections.
It will submit to the Secretary such annual or special financial and operations reports as
the Secretary may reasonably request.
9. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or disability beCO
i
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in any activity conducted with, or benefiting from,funds received from this
grant. `✓
a. Using the definitions of activity,facility and program as found and defined in §§ 21.23 c'
(b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all
facilities, or conduct all programs in compliance with all non-discrimination
requirements imposed by, or pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal 2
assistance)for any of the sponsor's program or activities,these requirements
extend to all of the sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acquire a facility, or part of a
facility,the assurance extends to the entire facility and facilities operated in
connection therewith.
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of real property or an interest in
real property,the assurance will extend to rights to space on, over, or under such ,
property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Lu
Federal financial assistance is extended to the program, except where the Federal Lu
financial assistance is to provide, or is in the form of, personal property, or real
property, or interest therein, or structures or improvements thereon, in which case Lu
the assurance obligates the sponsor, or any transferee for the longer of the following Lu
periods:
4) So long as the airport is used as an airport, or for another purpose involving the
provision of similar services or benefits; or
5) So long as the sponsor retains ownership or possession of the property.
13
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a.)Required Solicitation Language.
b.)It will include the following notification in all solicitations for bids, Requests
For Proposals for work, or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding
source:
"The Monroe County Board of County Commissioners, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252, 42 U.S.C. §§ 2000d
to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged
business enterprises and airport concession disadvantaged business enterprises will
be afforded full and fair opportunity to submit bids in response to this invitation and co
will not be discriminated against on the grounds of race, color,or national origin in
consideration for an award."
d. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance with
the acts and regulations relative to non-discrimination in Federally-assisted
programs of the DOT, and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-
discrimination in Federally-assisted programs of the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every
contract that is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with the
land, in any deed from the United States effecting or recording a transfer of real
property, structures, use, or improvements thereon or interest therein to a cv
sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the
basis of race, color, national origin, creed, sex, age, or handicap as a covenant
running with the land, in any future deeds, leases, license, permits, or similar
instruments entered into by the sponsor with other parties:
a.)For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b.)For the construction or use of, or access to, space on, over, or under real >_
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property acquired or improved under the applicable activity, project, or
program. Lu
e. It will provide for such methods of administration for the program as are found by the
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Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-
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grantees, contractors, subcontractors, consultants,transferees, successors in interest,
and other participants of Federal financial assistance under such program will comply 0)
with all requirements imposed or pursuant to the acts, the regulations, and this
assurance.
14
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f. It agrees that the United States has a right to seek judicial enforcement with regard to
any matter arising under the acts,the regulations, and this assurance.
10. Engineering and Design Services.
It will award each contract, or sub-contract for program management, construction
management, planning studies,feasibility studies, architectural services, preliminary
engineering, design, engineering, surveying, mapping or related services with respect to
the project in the same manner as a contract for architectural and engineering services is
negotiated under Title IX of the Federal Property and Administrative Services Act of 1949
or an equivalent qualifications-based requirement prescribed for or by the sponsor of the
airport.
i
11. Foreign Market Restrictions. co
It will not allow funds provided under this grant to be used to fund any project which uses Lu
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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.
12. Policies,Standards,and Specifications.
It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary.
13. Disadvantaged Business Enterprises.
The recipient shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of any DOT-assisted contract covered by 49 CFR Part 26.The
recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts.The
recipient's DBE program, as required by 49 CFR Parts 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of these programs is a legal
obligation and failure to carry out its terms shall be treated as a violation of this ,
agreement. Upon notification to the recipient of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Parts 26 and 23
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001
and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. § 3801). '
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Updated: 4/18/2019
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View the most current versions of these ACs and any associated changes at:
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http:/Iwww.faa.,ovlregulations Policies/advisory circulars/ W
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150j5000-9A for the Sound Insulation of Residences Exposed to Aircraft Operations 0
150/5000-17 Critical Aircraft and Regular Use Determination
150/5020-1 Noise Control and Compatibility Planning for Airports cV
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150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28F Notices to Airmen (NOTAMS)for Airport Operators
150J5200-30D Airport Field Condition Assessments and Winter Operations Safety
Change 1 ca
150J5200-31C Airport Emergency Plan
Changes 1-2
150j5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
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150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
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150/5210-19A Driver's Enhanced Vision System (DEVS) 03
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting(ARFF)Vehicles
150/5220-16E Automated Weather Observing Systems (AWOS)for Non-Federal `®
Changes 1 Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF)Training Facilities
Buildings for Storage and Maintenance of Airport Snow and Ice Control
150j5220-18A Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment ,
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150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
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150/5220-24 Foreign Object Debris Detection Equipment cv
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150/5220-25 Airport Avian Radar Systems
150/5220-26 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast
Changes 1-2 (ADS-B) Out Squitter Equipment
150/5300-13A
Chan e 1 Airport Design
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150/5300-14C Design of Aircraft Deicing Facilities
General Guidance and Specifications for Aeronautical Surveys:
150/5300-16A Establishment of Geodetic Control and Submission to the National
Geodetic Survey
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FAA Advisory Circular Required for Use A1P Funded and PFC Approved Projects Updated:4/18/2019
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150J5320-51) Airport Drainage Design
150J5320-61' Airport Pavement Design and Evaluation CO
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150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
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150/5320-15A Management of Airport Industrial Waste
150J5235-413 Runway Length Requirements for Airport Design
150J5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150J5340-11- Standards for Airport Markings
150J5340-51) Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
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150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
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150J5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150J5345-58 Circuit Selector Switch
150J5345-71' Specification for L-824 Underground Electrical Cable for Airport Lighting >-
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150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
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150/5345-12F Specification for Airport and Heliport Beacons
150J5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control
of Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
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150/5345-28G Precision Approach Path Indicator(PAPI)Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42H Specification for Airport Light Bases,Transformer Housings,Junction
Boxes, and Accessories
150/5345-43H Specification for Obstruction Lighting Equipmentco
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150/5345-44K Specification for Runway and Taxiway Signs �-
150/5345-45C Low-Impact Resistant(LIR)Structures
150/5345-46E Specification for Runway and Taxiway Light Fixtures
Specification for Series to Series Isolation Transformers for Airport
150/5345-47C Lighting Systems
150/5345-49D Specification L-854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flashing Light Equipment ,
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150/5345-52A Generic Visual Glideslope Indicators (GVGI) 04
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short cv
Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS) °®
150/5360-12F Airport Signing and Graphics
150/5360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities
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150j5370-2G Operational Safety on Airports During Construction
150/5370-10H Standards for Specifying Construction of Airports 2
150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
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150j5370-16 Rapid Construction of Rigid (Portland Cement Concrete)Airfield 03
Pavements �-
150/5370-17 Airside Use of Heated Pavement Systems
150j5390-2C Heliport Design
150j5395-1A Seaplane Bases
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:4/18/2019
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THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/22/2019
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150/5100-14E Architectural, Engineering, and Planning Consultant Services for 2'
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150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement
Changes 1-7 Program Assisted Projects
150j5300-15A Use of Value Engineering for Engineering Design of Airport Grant i
Projects co
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
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150/5370-12B Quality Management for Federally Funded Airport Construction
Projects
150J5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150j5380-78 Airport Pavement Management Program
150j5380-9 Guidelines and Procedures for Measuring Airfield Pavement
Roughness
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FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:4/18/2019
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