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HomeMy WebLinkAboutAJW-FN-ESA-25-SO-007438_02/18/2026 R_� GV COURJB V 00Kevin Madok, CPA ' �►�� Clerk of the Circuit CourtComptroller& — Monroe County, Florida da OryROE cooNSy DATE: May 5, 2026 TO: Beth Leto, Airports Business Manager, KWIA FROM: Liz Yongue, Deputy Clerk SUBJECT: February 18, 2026 BOCC Meeting The following item has been executed and added to the record: I8 Non-Federal Reimbursable Agreement AJW-FN-ESA-25-SO-007438 with the Federal Aviation Administration (FAA)in the amount of$123,294.35 for FAA design reviews and construction oversight during the relocation of the power and control rack for the Runway 9 REILs (Runway End Identifier Lights). The REILS are in conflict with and need to be relocated as part of the Extend Taxiway A construction project at the Key West International Airport. All costs are 100% reimbursable by the FAA Should you have any questions please feel free to contact me at(305)292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Agreement Number AJW-FN-ESA-25-SO-007438 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND MONROE COUNTY, FLORIDA KEY WEST INTERNATIONAL AIRPORT KEY WEST, 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(l)(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 extend Taxiway A at Key West International Airport. The proposed location for the taxiway conflicts with the existing Runway 09 Runway End Identifier Lights (REILs)Power and Control Rack. The REILs power and control rack will be relocated south of Runway 09/27. This work will require FAA design reviews and construction oversite. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled: Relocate the Power and Control Rack for the Runway 09 REILs at Key West International Airport(EYW), Key West, Florida Non-Federal Reimbursable Agreement V98 Page 1 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 B. The FAA will perform the following activities: I. Conduct a Site Survey of the existing location and new location of the relocated power and control rack. 2. Provide guidance, technical assistance and review design drawings and specifications for the relocation work. 3. Provide a resident engineer(RE) during construction to ensure that installation is performed in accordance with FAA drawings, specifications, and standards. The RE will have no contractual relationship with the Sponsor's contractor(s). 4. Conduct a Contractor's Acceptance Inspection (CAI) with the Project Sponsor for the relocation work. 5. Conduct a Joint Acceptance Inspection (JAI)with the local FAA personnel and clear all exceptions. C. The Sponsor will perform the following activities: I. Provide all available site-specific reference drawings. These drawings will include topographic maps, in-pavement can and duct system details and runway centerline profile. 2. Conduct a project kick-off meeting with local and regional FAA representatives. The purpose of the meeting is to develop a project schedule for implementation. It will also include a project overview to identify and take action to resolve any related issues. 3. Accomplish contracting, construction and relocation of the power and control rack south of Runway 09/27. 4. Formally notify the Engineering Services NAVAIDs Team Manager 603.930.6485 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 the CAI 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. Non-Federal Reimbursable Agreement V98 Page 2 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 7. Provide construction drawings and specifications that comply with the FAA CAEG Standards and current FAA design criteria. 8. Provide "as-built" drawings to the FAA. 9. 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:_07/29/2021 and the grant number is: 3-12-0037-067-2021. 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 FAA 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 gE 2g 21 .irvin�a),f`aa. ray. 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 Engineering Center will perform the scope of work included in this Agreement. Matthew Herlihy is the NAVAIDS Engineering Center Manager and liaison with the Sponsor and can be reached at 404.305.7059 or via email at mat liew.h rlih )f� v. 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. 3. The FAA Eastern Service Area, NAVAIDs Construction Center will perform the scope of work included in this Agreement. Jake T. Manning is the NAVAIDS Construction Center Manager and liaison with the Sponsor and can be reached at 603.930.6485 or via email at jah:e.t.mannin�(a)fa�r2y,. 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 hra.d.Lv a.n.c O.V.,. Non-Federal Reimbursable Agreement V98 Page 3 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 B. Sponsor: Monroe County, Florida Attn: Richard Strickland, Director of Airports 3491 S. Roosevelt Blvd. Key West, Florida 33040 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 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 Non-Federal Reimbursable Agreement V98 Page 4 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor WB4020 Engineering $11,424.00 WB4050 Construction $24,480.00 WB4060 Site Pre $15,760.00 WB4070 JAI/Cx/Closeout $9,040.00 Labor Subtotal $60,704.00 Labor Overhead $12,067.95 Total Labor $72,771.95 Non-Labor WB4020 Engineering $25,810.00 WB4050 Construction $16,570.00 WB4060 Site Prep $4,400.00 Non-Labor Subtotal $46,780.00 Non-Labor Overhead $3,742.40 Total Non-Labor $50,522.40 TOTAL ESTIMATED COST $123,294.35 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 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. Non-Federal Reimbursable Agreement V98 Page 5 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 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 is: DOT/FAA/ESC P.O. Box 25770 AMK-322—MPB 328 Oklahoma City, OK 73125 FAA payment remittance address using Fed Ex (overnight) is: DOT/FAA/ESC AMK-322—MPB328 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 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 3491 S. Roosevelt Blvd Key West, Florida 33040 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. 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 Non-Federal Reimbursable Agreement V98 Page 6 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 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 parry. 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 parry 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 parry 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 parry 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 parry 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 parry 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 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 Non-Federal Reimbursable Agreement V98 Page 7 of 9 Agreement Number AJW-FN-ESA-25-SO-007438 This Agreement is entered into under one or more of the following authorities: 49 U.S.C. § 106(l), 31 U.S. Code 6505 Intergovernmental Cooperation Act. 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 parry 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 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 parry 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. Non-Federal Reimbursable Agreement V98 Page 8 of 9 • • • • • Agreement Number . • AJW-FN-ESA-25-SO-00743$ : : :: 1 ... Protection..of Information • • The:parties.a ee that:the will.take a p ro p riate:measures•.to identify and pp rotect • •.: 1.: • • - proprietary, or.otherwise confidential information:that may come into their • 1 • .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 1600.1•F applies,to work under this.Agreement,.the FAA is.responsible for. : . • • •• that•.securi re.�uirements, includin compliance.with AM clause 3.14.2•, :: • • • ensuring • • • • • g p •: 'Contractor Personnel Suitability:Requirements are rmet. . _' - i : .: : • e• • ' : •' . . ARTICLE.21.:•'Entire Agreement .. • .: •: •This document is•the entire Agreement of:the parties,who•accept the'terms of this • • .• : • • Agreement as sbown:by.their signatures below. In the event the parties dul• execute•an . • ' : : :: amendment ment to:this.Agreement,the terms of such•amendment will.supersede.the terms.of. :•. . . . • • :this Agreement to the:extent of any inconsistency: Each party. acknowledges: i • : : .. . participation.in-the:negotiations,and drafting of this Agreement:and any amendments.. :'..• - : :: . . . • : thereto,and,:accordingly that:this-A. :eement will riot'be construed,more stringently • : i.: • •: :against sone.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.,v:oid.,:Additionally,the FAA expects:this. . • .. : • . . • .•• 1 agreement:to be funded within:120:days•of.execution,,if funding is not received•by'that. : •: • : : - • • date;the FAA•may exe• rcise:•the:'right to renegotiate•estimated costs.: .AGREED: .. FEDERAL AVIATION . • • MONROE•COUNTY FLORIDA 1• 1: • : •. -. •- • . ' ADMINISTRATION . • .1 l• •ii. : ' 1 . . . • • Imp • - •• •• •• :• •-: • •.• , •• .• • • /.e7. -. • . .. • • • • • • - ,ib , I a sr' • , , . . . . • i • :. , .. . •SIGNATURE - SIGNATURE • .:NAME :Bradley K..Lo.ga.n: • ••. : i NAME...Michelle Lincoln - :. - • • • • TITLE • - :• Contracting Officer:. :. . • : . TITLE.: •Mayor/Chairman •- .. , 4� DATE • a ruary 'ATE: •February.18,:2026•. • • � in Mado ,Clerk ml • AIL Lw i''1 .. .. ' : .. .. Z ���L _ • : A Ravi §, Foam. .4 -„ -w .- . . . : . - . - .fI . -•..• .....• . •'1.,.-.... .'.."i'!044,..::..•i-. -•.:.I•t•i•s•4 ..:•.•...-.. ::. . r ' • as D ep ty Clerk. ' •PEDrOJ� .I i ..~i r - .. • -. . .. .. ASS! • • 'd UNTY ATTORNEY -bate 2226. . I• .. • . : . Non-Federal•Reimbursable:Agreement V98. . . . i Page'9 of:9