HomeMy WebLinkAbout04/10/2025 Agreement Monroe County Purchasing Policy and Procedures
ATIACHULN1 III.
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
-CC�ra ,#xx�ith Federal Aviation AdminjJit C�tract# AJW FN ESA 2..SO 00643°9°
Effective Date: Upon Execution
Expiration Date 30 days notice
Contract Purpose/Description:
100%Reimbursable reernent for FAA's construction/installation oversight and flight inspection services for the relocation of
the Runway 7 REILS du lrt0 the Runway 7/25 Construction Project at the Florida Keys Marathon International Airport.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Beth Leto 5239 KWIA Stop#5
Naniel
CONTRACT COSTS
Total Dollar Value of Contract: $ 97,424.47 Current Year Portion: $ Same
(must be$100,000,00 or less) ........- (If multiyear agreement then
requires BOCC approval,unless the
ttml cwmihdit c�wit7+nl[it
00 Ol tl t 00 rn firs")
Budgeted?Yes No ❑
Grant: $97,424.47 County Match: $ n/a
Fund/Cost Center/Spend Cate O ,403-635118-SC_00036
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Re uired: YES ❑NO
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: Richard Strickland
.............
County Attorney Signature: �.,�,....,.
Digitally signed by Jaclyn Flatt
Risk Management Signature: Jaclyn Flatt Date:2025,03,0415:20:29-05'00'
Digitally signed by Lisa Abreu
Purchasing Signature: Lisa Abreu Date:2025,03,05 08 43:56-05'00'
Digitally signed by John
OMB Signature: ,Jahn Quinn C"1XE1N1Daia.�� s,t�s.t�;;
rat°°�.018.OR
Comments:
Revised BOCC 4/19/2023
Page 84 of 105
48)1_�
U.S. Department Southwest Region Fort Worth,Texas 76193
of Transportation Logistics Service Area
Federal Aviation
Administration
July 9, 2024
Monroe County, Florida
Attn: Richard Strickland, Director of Airports
9400 Overseas Hwy, Suite 200
Marathon, FL 33050
Dear Richard Strickland,
This document is the payment computation and the request for payment referenced in
Article 9 of Reimbursable Agreement#AJW-FN-ESA-24-SO-006439 between the Federal
Aviation Administration and Monroe County,Florida. (Herein referred to as the Agreement)
to which this document is attached.
As set forth in Article 7 of Reimbursable Agreement#AJW-FN-ESA-24-SO-006439 the
agency's total estimated cost to be reimbursed is $97,424.47. The advance payment, or
start-up amount will be $97,424.47. The Sponsor can either make payment via check(Type
the MOA/RA number on the check to expedite processing.) or you can use Pay.Gov (Most
Preferred Method) or Fedwire. Attached to this document are the instructions on how to use
pay.gov.
Upon receipt of this notice, please send payment or pay via Pay.Gov or Fedwire in the
amount of$97,424.47 to the FAA as described in Article 9 of the Agreement. After
payment is received, the FAA may begin to incur obligations to implement the Agreement.
Please provide Mr. Bradley K. Logan a copy of that check.
When you send your payment, please include a copy of this document and send payment to:
Billing Office/Fedex Address
Federal Aviation Administration
Reimbursable Receipts Team
800 Independence Ave. S.W.
Room 612A
Washington D.C. 20591
Telephone: 202-267-1307
2
For further information, please contact Mr. Bradley K. Logan, Acquisition Management
Branch, AAQ-570, 817-222-4395.
Sincerely,
Cj x-
Bradley . Logan
Contracting Officer
Enclosure
Reimbursable Agreement#AJW-FN-ESA-24-SO-006439
cc: Planning and Requirements Group
Agreement Number
AJW-FN-ESA-24-SO-006439
NON-FEDERAL REIMBURSABLE AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AND
MONROE COUNTY, FLORIDA
FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
MARATHON, FLORIDA
WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by
contract, material, supplies, equipment, and services which the Monroe County Florida
(Sponsor)requires, has funds available for, and has determined should be obtained from
the FAA;
WHEREAS,it has been determined that competition with the private sector for
provision of such material, supplies, equipment, and services is minimal; the proposed
activity will advance the FAA's mission; and the FAA has a unique capability that will
be of benefit to the Sponsor while helping to advance the FAA's mission;
NOW THEREFORE, the FAA and the Sponsor mutually agree as follows:
ARTICLE 1. Parties
The Parties to this Agreement are the FAA and Monroe County Florida.
ARTICLE 2. Type of Agreement
This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not
intended to be, nor will it be construed as, a partnership, corporation,joint venture or
other business organization.
ARTICLE 3. Scope
A. The purpose of this Agreement between the FAA and the Sponsor is to provide FAA
support for the Sponsor's Runway 7/25 Relocation Project. This project requires the
relocation of the Runway 7 FAA-owned REIL. The FAA will provide
construction/installation oversight and flight inspection services. This Agreement
provides funding for the FAA to establish these services. Therefore, this Agreement
is titled:
Reimbursable Agreement for FAA Support for Impacts to the Runway 7 REIL
from the Sponsor's Runway 7/25 Construction Project at Marathon
International Airport (MTH),Marathon, FL
Non-Federal Reimbursable Agreement V96 Page 1 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
B. The FAA will perform the following activities:
1. Provide all available site-specific facility reference drawings. Provide FAA
Computer-Aided Engineering Graphic (CAEG)Drawing Standards package to
assist design firms with standards compliance. This package will include example
drawings, map files, symbol libraries and related documentation.
2. Notify FAA Real Estate of the location change and update as necessary.
3. Attend pre-construction and project kick-off meetings with the Sponsor.
4. Provide a resident engineer(RE) and/or project engineering during construction
and installation phases. The RE will arrive on-site a week before the start of work
(i.e., to obtain security clearances and to attend pre-construction meeting) on FAA
facilities until all construction punch-list items are cleared. The RE will have no
contractual relationship with the Project Sponsor's contractor. The RE will
submit weekly reports documenting construction progress and be responsible for
promptly identifying pertinent issues (i.e., lack of progress, safety concerns,
quality problems, etc.)to the Project Sponsor.
5. Provide a Technical On-site Representative (TOR) during installation and tune-up
of electronics equipment. The TOR will be on-site from the start of the
electronics installation until the facilities passes flight check. We estimate the
duration to last 30 consecutive calendar days.
6. Participate in the Contractor Acceptance Inspection (CAI) with the Sponsor and
the Sponsor's construction contractor.
7. Perform commissioning flight check of the Runway 7 REIL
8. Conduct a Joint Acceptance Inspection (JAI)with the Project Sponsor. A formal
list of exceptions will be given to the Project Sponsor within 15 calendar days of
the facility commissioning/restoration. Latent defects may be added to the list of
exceptions through the formal process outlined in the JAI Order.
C. The Sponsor will perform the following activities:
1. Provide drawings and specifications that comply with the FAA CAEG Standards
and current FAA design criteria. Copies of the final design package (after all FAA
review comments are incorporated)will be furnished to the FAA in paper,
electronic file transfer, and Portable Document File (pdf)formats prior to the start
of construction.
2. Perform all necessary environmental assessments and obtain associated permits.
Obtain all necessary permits for construction, including those necessary for
easements and encroachment. This work also includes meeting all airport security
requirements and performing airspace evaluations.
Non-Federal Reimbursable Agreement V96 Page 2 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
3. Accomplish all contracting, construction and installation for the modification of
the runway 7 REIL in accordance with plans and specifications approved by the
FAA.
4. Formally notify FAA Engineering Services a minimum of 30 calendar days in
advance of major project milestones for coordination of activities. Major
milestones shall include formal design reviews, Notice to Proceed (NTP), changes
to the project schedule, and formal inspections. A project schedule must be
presented to the FAA in advance of the NTP for planning and tracking purposes.
5. Provide a designated representative who will be readily available to the FAA
during construction contract. This representative will be responsible for
addressing FAA concerns to the Project Sponsor's contractor.
6. Participate in CAI(s) and final JAI with FAA representatives and correct
construction exceptions as noted. If exceptions are not corrected within 45
calendar days, the FAA will clear remaining CAI/JAI exceptions and charge the
cost to the sponsor through the reimbursable agreement. All exceptions must be
cleared or otherwise resolved before the agreement can be closed out.
Submit FAA Form 6000-26 Airport Sponsor Strategic Event Submission Form no less
than 45 days prior to the start of construction that will impact NAS facilities, result in a
full or partial runway closure, or result in a significant taxiway closure. This form is
available on the OE/AAA website. This form may also be used to notify the FAA of any
changes to the project schedule.
D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes
[ ] No. If Yes, the grant date is: [8/31/2022] and the grant number is: [3-12-0044-
040-2022]. If the grant information is not available at the time of agreement
execution, the Sponsor will provide the grant information to the FAA when it
becomes available.
ARTICLE 4. Points of Contact
A. FAA:
1. The Eastern Service Area, Planning and Requirements will provide administrative
oversight of this Agreement. Gregory Irvin is the Lead Planner and liaison with
the Sponsor and can be reached at 404.305.7164 or via email at
ire nor .irvinfL_�faa. . This liaison is not authorized to make any commitment,
or otherwise obligate the FAA, or authorize any changes which affect the
estimated cost, period of performance, or other terms and conditions of this
Agreement.
2. The FAA Eastern Service Area,NAVAIDs Construction Center will perform the
scope of work included in this Agreement. Kyle Janco is the NAVAIDs
Construction Center Manager and liaison with the Sponsor and can be reached at
603.881.1368 or via email at lqjancoClaa. This liaison is not authorized
Non-Federal Reimbursable Agreement V96 Page 3 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
to make any commitment, or otherwise obligate the FAA, or authorize any
changes which affect the estimated cost, period of performance, or other terms
and conditions of this Agreement.
3. The FAA Eastern Service Area,NAVAIDs Installation Center will perform the
scope of work included in this Agreement. Keenan Anderson is the NAVAIDs
Installation Center Manager and liaison with the Sponsor and can be reached at
4043 3 05.7421 or via email at keenan IiLkii� q iz�laa. )ov . This liaison is not
authorized to make any commitment, or otherwise obligate the FAA, or authorize
any changes which affect the estimated cost, period of performance, or other
terms and conditions of this Agreement.
4. The execution, amendment, and administration of this Agreement must be
authorized and accomplished by the FAA's Contracting Officer, Brad Logan who
can be reached at 817.222.4395 or via email at 1bradjo. C(faa. .
B. Sponsor:
Monroe County Florida
9400 Overseas Hwy, Suite 200
Marathon,FL 33050
305.809.5210
ARTICLE 5. Non-Interference with Operations
The Sponsor understands and hereby agrees that any relocation, replacement, or
modification of any existing or future FAA facility, system, and/or equipment covered by
this Agreement during its term or any renewal thereof made necessary by Sponsor
improvements, changes, or other actions which in the FAA's opinion interfere with the
technical and/or operations characteristics of an FAA facility, system, and/or piece of
equipment will be at the expense of the Sponsor, except when such improvements or
changes are made at the written request of the FAA. In the event such relocations,
replacements, or modifications are necessitated due to causes not attributable to either the
Sponsor or the FAA, the parties will determine funding responsibility.
ARTICLE 6. Property Transfer
A. To the extent that the Sponsor provides any material associated with the Project, and
to the extent that performance of the requirements of this Project results in the
creation of assets constructed, emplaced, or installed by the Sponsor, all such material
(buildings, equipment, systems, components, cable enclosures, etc.) and assets will be
transferred to and become the property of the FAA upon project completion. For
purposes of this Article 6, "project completion" means that FAA has inspected the
specific equipment or construction, and has accepted it as substantially complete and
ready for use. The creation of an additional agreement will not be required, unless
such other agreement is required by the laws of the state in which the subject property
is located. The Sponsor and FAA acknowledge by execution of this agreement the
FAA will accept the fundamental responsibilities of ownership by assuming all
Non-Federal Reimbursable Agreement V96 Page 4 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
operations and maintenance requirements for all property transferred to the
FAA. The transfer of asset(s)will occur on the date the asset(s)is placed in
service. It has been determined the subject transfer(s)to FAA is in the best interest of
both the Sponsor and FAA.
B. In order to ensure that the assets and materials subject to this Article remain fully
accounted-for and operational, the Sponsor will provide the FAA any additional
documents and publications that will enhance the FAA's ability to manage, maintain
and track the assets being transferred. Examples may include, but are not limited to,
operator manuals, maintenance publications, warranties, inspection reports, etc.
These documents will be considered required hand-off items upon Project
completion.
ARTICLE 7. Estimated Costs
The estimated FAA costs associated with this Agreement are as follows:
DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST
Labor
WB4050 Construction $20,240.00
WB4060 Site Preparation $24,300.00
WB4070 JAI/CX/Closeout $15,060.00
Labor Subtotal $59,600.00
Labor Overhead $11,848.48
Total Labor $71,448.48
Non-Labor
WB4050 Construction $5,259.00
WB4060 Site Preparation $16,623.84
WB4070 JAI/CX/Closeout $2,169.00
Non-Labor Subtotal $24,051.84
Non-Labor Overhead $1,924.15
Total Non-Labor $25,975.99
TOTAL ESTIMATED COST $97,424.47
ARTICLE 8. Period of Agreement and Effective Date
The effective date of this Agreement is the date of the last signature. This Agreement is
considered complete when the final invoice is provided to the Sponsor and a refund is
sent or payment is received as provided for in Article 9 of this Agreement. This
Agreement will not extend more than five years beyond its effective date.
ARTICLE 9. Reimbursement and Accounting Arrangements
Non-Federal Reimbursable Agreement V96 Page 6 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The
Sponsor will send a copy of the executed Agreement and submit full advance
payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed
in Section C of this Article. The advance payment will be held as a non-interest
bearing deposit. Such advance payment by the Sponsor must be received before the
FAA incurs any obligation to implement this Agreement. Upon completion of this
Agreement, the final costs will be netted against the advance payment and, as
appropriate, a refund or final bill will be sent to the sponsor, except as described in
section D of this Article. Per U.S. Treasury guidelines, refunds under$1.00 will not
be processed. Additionally, FAA will not bill the sponsor for amounts less than
$1.00.
B. The Sponsor certifies that arrangements for sufficient funding have been made to
cover the estimated costs of the Agreement.
C. The Reimbursable Receipts team is identified by the FAA as the billing office for this
Agreement. The preferred method of payment for this agreement is via Pay.Gov. The
sponsor can use a check or credit card to provide funding in this manner and receipt-
processing time is typically within 3 working days. Alternatively, the sponsor can
mail the payment to the address shown below. When submitting funding by mail, the
Sponsor must include a copy of the executed Agreement and the full advance
payment. All payments mailed to the FAA must include the Agreement number,
Agreement name, Sponsor name, and project location. Payments submitted by mail
are subject to receipt-processing delay of up to 10 working days.
FAA payment remittance address using USPS or overnight method is:
Federal Aviation Administration
Reimbursable Receipts Team
800 Independence Ave S.W.
Attn: Rm 612A
Washington D.C. 20591
Telephone: (202) 267-1307
The Sponsor hereby identifies the office to which the FAA will render bills for the
project costs incurred as:
Monroe County Florida
Attn: Richard Strickland, Director of Airports
9400 Overseas Hwy, Suite 200
Marathon, FL 33050
305.809.5210
D. The FAA will accept payments under this Article from only one of two sources:
either(1)the Sponsor or (2) a Third Party on behalf of the Sponsor, and the same
source must make all required payments. If a Third Party makes the payments, then
any refund due from FAA upon completion of the Agreement will be returned to that
Third Party.
Non-Federal Reimbursable Agreement V96 Page 6 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
E. The FAA will provide the Sponsor a quarterly Statement of Account of costs incurred
against the advance payment.
F. The cost estimates contained in Article 7 are expected to be the maximum costs
associated with this Agreement, but may be amended to recover the FAA's actual
costs. If during the course of this Agreement actual costs are expected to exceed the
estimated costs, the FAA will notify the Sponsor immediately. The FAA will also
provide the Sponsor an amendment to the Agreement which includes the FAA's
additional costs. The Sponsor agrees to prepay the entire estimated cost of the
amendment. The Sponsor will send a copy of the executed amendment to the
Agreement to the Reimbursable Receipts Team with the additional advance payment.
Work identified in the amendment cannot start until receipt of the additional advance
payment. In addition, in the event that a contractor performing work pursuant to the
scope of this Agreement brings a claim against the FAA and the FAA incurs
additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for
the additional costs incurred whether or not a final bill or a refund has been sent.
ARTICLE 10. Changes and Amendments
Changes and/or amendments to this Agreement will be formalized by a written
amendment that will outline in detail the exact nature of the change. Any amendment to
this Agreement will be executed in writing and signed by the authorized representative of
each party. The parties signing this Agreement and any subsequent amendment(s)
represent that each has the authority to execute the same on behalf of their respective
organizations. No oral statement by any person will be interpreted as amending or
otherwise affecting the terms of the Agreement. Any party to this Agreement may
request that it be amended, whereupon the parties will consult to consider such
amendments.
ARTICLE 11. Termination
In addition to any other termination rights provided by this Agreement, either party may
terminate this Agreement at any time prior to its expiration date, with or without cause,
and without incurring any liability or obligation to the terminated party other than
payment of amounts due and owing and performance of obligations accrued, in each case
on or prior to the termination date, by giving the other party at least thirty (30) days prior
written notice of termination. Payment of amounts due and owing may include all costs
reimbursable under this Agreement, not previously paid, for the performance of this
Agreement before the effective date of the termination; the total cost of terminating and
settling contracts entered into by the FAA for the purpose of this Agreement; and any
other costs necessary to terminate this Agreement. Upon receipt of a notice of
termination, the receiving party will take immediate steps to stop the accrual of any
additional obligations which might require payment. All funds due after termination will
be netted against the advance payment and, as appropriate, a refund or bill will be issued.
ARTICLE 12. Order of Precedence
Non-Federal Reimbursable Agreement V96 Page 7 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
If attachments are included in this Agreement and in the event of any inconsistency
between the attachments and the terms of this Agreement, the inconsistency will be
resolved by giving preference in the following order:
A. This Agreement
B. The attachments
ARTICLE 13. Legal Authority
This Agreement is entered into under one or more of the following authorities: 49 U.S.C.
§ 106(1), 31 U.S. Code 6505 Intergovernmental Cooperation Act. Under these
authorities, the Administrator of the FAA is authorized to enter into and perform such
contracts, leases, cooperative agreements and other transactions as necessary to carry out
the functions of the Administrator and the Administration on such terms and conditions
as the Administrator considers appropriate.Nothing in this Agreement will be construed
as incorporating by reference or implication any provision of Federal acquisition law or
regulation.
ARTICLE 14. Disputes
Where possible, disputes will be resolved by informal discussion between the parties. In
the event the parties are unable to resolve any dispute through good faith negotiations, the
dispute will be resolved by alternative dispute resolution using a method to be agreed
upon by the parties. The outcome of the alternative dispute resolution will be final unless
it is timely appealed to the Administrator, whose decision is not subject to further
administrative review and, to the extent permitted by law, is final and binding (see 49
U.S.C. § 46110).
ARTICLE 15. Warranties
The FAA makes no express or implied warranties as to any matter arising under this
Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of
any property, including any equipment, device, or software that may be provided under
this Agreement.
ARTICLE 16. Insurance
The Sponsor will arrange by insurance or otherwise for the full protection of itself from
and against all liability to third parties arising out of, or related to, its performance of this
Agreement. The FAA assumes no liability under this Agreement for any losses arising
out of any action or inaction by the Sponsor, its employees, or contractors, or any third
party acting on its behalf.
ARTICLE 17. Limitation of Liability
To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the
FAA, its officers, agents and employees from all causes of action, suits or claims arising
Non-Federal Reimbursable Agreement V96 Page 8 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
out of the work performed under this Agreement. However, to the extent that such claim
is determined to have arisen from the act or omission by an officer, agent, or employee of
the FAA acting within the scope of his or her employment, this hold harmless obligation
will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et
seq., will control. The FAA assumes no liability for any losses arising out of any action
or inaction by the Sponsor, its employees, or contractors, or any third party acting on its
behalf. In no event will the FAA be liable for claims for consequential, punitive, special
and incidental damages, claims for lost profits, or other indirect damages.
ARTICLE 18. Civil Rights Act
The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to
nondiscrimination in federally assisted programs.
ARTICLE 19. Protection of Information
The parties agree that they will take appropriate measures to identify and protect
proprietary, privileged, or otherwise confidential information that may come into their
possession as a result of this Agreement.
ARTICLE 20. Security
In the event that the security office determines that the security requirements under FAA
Order 1600.72A applies to work under this Agreement, the FAA is responsible for
ensuring that security requirements, including compliance with AMS clause 3.14.2.1,
Contractor Personnel Suitability Requirements are met.
ARTICLE 21. Entire Agreement
This document is the entire Agreement of the parties, who accept the terms of this
Agreement as shown by their signatures below. In the event the parties duly execute any
amendment to this Agreement, the terms of such amendment will supersede the terms of
this Agreement to the extent of any inconsistency. Each party acknowledges
participation in the negotiations and drafting of this Agreement and any amendments
thereto, and, accordingly that this Agreement will not be construed more stringently
against one party than against the other. If this Agreement is not executed by the Sponsor
within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained
and set forth in this Agreement shall be null and void. Additionally, the FAA expects this
agreement to be funded within 120 days of execution, if funding is not received by that
date; the FAA may exercise the right to renegotiate estimated costs.
Non-Federal Reimbursable Agreement V96 Page 9 of 10
Agreement Number
AJW-FN-ESA-24-SO-006439
AGREED:
FEDERAL AVIATION MONROE COUNTY FLORIDA
ADMINISTRATION Christine Digitally signed by
Christine Hurley
SIGNATURE BRADLEYDigitallysignedby SIGNATURE HurleyDate::131205'00'6
BRADLEY K LOGAN 09:13:19-OS'00'
NAME K LOGAN Date:2025.04.10 Christine Hurley
08:39:38-05'00' NAME
TITLE Contracting Officer TITLE County Administrator
DATE DATE
Non-Federal Reimbursable Agreement V96 Page 10 of 10