HomeMy WebLinkAboutContract 38658CITY SECRETARY
CONTRACT NO
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
MEMORANDUM OF AGREEMENT
Agreement Number DTFASW-09-L-00082
This agreement is made and entered into by the CITY OF FORT WORTH, whose
address is 1000 Throckmorton, Fort Worth, Texas 76102, hereinafter referred to as
Airport, for itself, its successors and assigns, and the FEDERAL AVIATION
ADMINISTRATION, hereinafter referred to as the FAA.
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS, the parties consider it desirable to work in cooperation with each other in
the technical installation and operation of air navigational aids; and
WHEREAS, both parties agreed the establishment, operation, and maintenance of
systems for air traffic control, navigation, communication, and weather reporting is in the
primary interest of safety and direct support of the ongoing operation of the Fort Worth
Alliance Airport,
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS (1un-04):
It is mutually understood and agreed that the Airport requires FAA navigation aid
facilities in order to operate their business and that the FAA requires navigation,
communication and weather aid facilities at the Airport in order to support Air Traffic
Operations. Thus, in the interest of both parties it is hereby agreed that the Airport will
allow the FAA to construct, operate, and maintain FAA owned navigation,
communication and weather aid facilities in areas on the Airport that have been mutually
determined and agreed upon for the term commencing on May 1, 2009, and continuing
though September 30, 2028. The FAA can terminate this agreement, in whole or part at
any time by giving at least (60) day's notice in writing. Said notice shall be sent by
certified or registered mail.
MO A DTFASW-09-L-00082
Fort Worth Alliance Airport
Fort Worth, Texas
(a) Together with a right-of-way for ingress to and egress from the
premises; a right-of-way for establishing and maintaining pole lines or
under ground lines for extending electrical power and/or
telecommunications lines to the premises; including a right-of-way for
subsurface power, communication and/or water lines to the premises; all
right-of-ways to be over the area referred to as Fort Worth Alliance Airport,
to be routed reasonably determined to be the most convenient to the FAA
and as not to interfere with Airport operations. The Airport shall have the
right to review and comment on plans covering access and utility rights -of -
way under this paragraph.
(b) And the right to grading, conditioning, and installing drainage facilities,
and seeding the soil of the premises, and the removal of all obstructions
from the premises which may constitute a hindrance to the establishment
and maintenance of navigational aid systems. The Airport shall have the
right to review and comment on plans covering work permitted under this
paragraph.
(c) And the rights to make alterations, attach fixtures, and erect additions,
structures or signs, in direct support of the Airport. The Airport shall have
the right to review and comment on plans covering work permitted under
this paragraph.
(d) And the right to park, without cost, all official and privately owned
vehicles used for the maintenance and operation of the air navigational
facilities. Parking shall be provided adjacent to the navigational aid facility
or as near as possible without interfering with the operation of the Airport.
2. CONSIDERATION (Aug- 02):
The FAA shall pay the Airport no monetary consideration, it is mutually agreed that the
rights extended to the FAA herein are in consideration of the obligations assumed by
the FAA in its establishment, operation, and maintenance of navigational aid facilities
upon the premises.
3. PURPOSE (Apr-05):
It is understood and agreed that the use of the herein described premises, known
as Fort Worth Alliance Airport, shall be related to the FAA's activities in support of 'Air
Traffic operations.
4. FAA FACILITIES (Apr-05)
The FAA facilities covered by this agreement are identified on the most current
approved Airport Layout Plan (ALP) and/or other pertinent drawings that are made part
of this agreement by reference and shown on the attached FAA "List of Facilities".
2
MOA DTFASW-09-L-00082
Fort Worth Alliance Airport
Fort Worth, Texas
5. TITLE TO IMPROVEMENTS (Apr-05):
Title to the improvements constructed for use by the FAA during the life of this
agreement shall be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION (May-00):
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination
on the FAA facility premises that is found to have occurred as a direct result of the
installation, operation, relocation and/or maintenance of the FAA's facilities covered by
this agreement. The Airport agrees to remediate or have remediated at its sole cost,
any and all other hazardous substance contamination found on the FAA facility
premises. The Airport also agrees to save and hold the U. S. Government harmless for
any and all costs, liabilities and/or claims by third parties that arise out of hazardous
contamination found on the FAA facility premises that are not directly attributable to the
installation, operation and/or maintenance of the facilities on the attached FAA "List of
Facilities."
7. INTERFERENCE WITH FAA OPERATIONS (Oct-96):
The Airport agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the Airport's boundaries that may interfere with the
proper operation of the navigational aid facilities installed by the FAA, as it is not in the
best interest of the Airport or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES (Oct-96):
The Airport agrees that any relocation, replacement, or modification of any existing or
future FAA's navigational aid systems made necessary by Airport improvements or
changes, which interferes with the technical and/or operational characteristics of the
facility, will be at the expense of the Airport, with the exception of any such
improvements or changes which are made at the request of the FAA. In the event such
relocations, replacements, or modifications are necessary due to causes not attributable
to either the Airport or the FAA, funding responsibility shall be determined by mutual
agreement between the parties.
9. NON -RESTORATION (Oct-96):
It is hereby agreed between the parties, that upon termination of its occupancy, the FAA
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the
property which is the subject matter of this agreement. It is further agreed that the FAA
may abandon in place any or all of the structures and equipment installed in or located
upon said property by the FAA during its tenure. Such abandoned equipment shall
become the property of the Airport.
MOA DTFASW-09-L-00082
Fort Worth Alliance Airport
Fort Worth, Texas
10. NOTICES (Oct-96):
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
Sponsor: City of Fort Worth
Lease Administrator
4201 North Main Street, Suite 200
Fort Worth, Texas 76101,,,
Government: Department of Transportation
Federal Aviation Administration
Real Estate & Utilities Group, ASW-53
2601 Meacham Boulevard
Fort Worth, Texas 76137
11. Previous Leases)/Agreement(s)
Upon commencement, this agreement succeeds Lease No. DTFA07-99-L-00582,
DTFA07-92-L-01058 and DTFA07-89-L-01113.
12. The following clauses are incorporated by reference: The full text of these
clauses can be found via Internet at Land On -Airport
Lease (.http://fasteditapp.faa.gov/ams/do_action)
1. OFFICIALS NOT TO BENEFIT (10/96) Oil:
2. COVENANT AGAINST CONTINGENT FEES (8/02) Cn`d��r,'
3. ANTI-KICKBACK(10/96) FT. WORTH, °TX
13. SIGNATURES (Apr-04):
The Airport and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative(s). This
agreement is effective upon the date of signature by the last party thereof.
CITY OF FORT WORTH
By:
Title:
Date:
APPROVED AS TO FORM ANn I Frei rrv.
UNITED STATES OF AMERICA
,
FEDERAL AVIATION ADMINISTRATION
Glen D. Batts
Title: Contracting Officer
Date:
Attested by:
City Secretary
Ga35�.3
MOA DTFASW-09-1.-00082
Fort Worth Alliance Airport
Fort Worth, Texas
List of Facilities
Effective: May 1, 2009
MEMORANDUM OF AGREEMENT
DTFASW-09-L-00082
Fort Worth Alliance Airport
' GSA Control
:Number Facility ( R/W Number Comments
Number
Facility site, equipment shelter, _
1 ALS 16(UPE) ` y 94223 [ restricted critical area
Antenna site, equipment shelter site, l
2 ;LOC/DMEJ 16 94422 i restricted critical area
- Facility equipment shelter site, i
my 3 =GS 1 16 94424 restricted critical area
,IM 16 94384� Facility Site w a� ' Facility site, equipment shelter,mv�
5 iMALSR� 34(JVX) 94426 restricted critical area
Antenna site, equipment shelter site,
6 ILOC 34 94423 restricted critical area
E Facility equipment shelter site, ;
7 CGS 34 94425 restricted critical area
Sensor group site�ACU located
d in the
8 SOS (AFW) 48134 _A_TCT I
9 IRVR _ �94549� Facility SiteTK���___.-.__
10 IRTR 94286 Facility site, 50' Antennas (4)
11 V1/EF i 94376 Facility site
5
Clauses Incorporated by Reference
U. S. GOVERNMENT LEASE FOR REAL PROPERTY
1. OFFICIALS NOT TO BENEFIT:
(Oct-96)
No member of or delegate to Congress, or resident commissioner, shall be admitted to any
share or part of this lease, or to any benefit arising from it. However, this clause does not
apply to this lease to the extent that this lease is made with a corporation for the corporation's
Dr benefit.
2. COVENANT AGAINST CONTINGENT FEES: (aUg-oz>
The Lessor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of this warranty, the Government shall
have the right to annul this contract without liability or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of the contingent fee.
3. ANTI -KICKBACK: (Oct-96)
The Anti -Kickback Act of 1986 (41 U.S.C. 51-58)(the Act), prohibits any person from
(1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting,
accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the
amount of any kickback in the lease price charged by a Lessor to the United States or in the
lease price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
COUNCIE AC�CiON A�}ro�ec on 5/'19/2049
DATE: Tuesday, May 19, 2009 REFERENCE NO.: **C-23523
LOG NAME: 55AFW FAA MOA ROW
SUBJECT:
Authorize Termination of City Secretary Contract Nos. 17577, 17594, 17595, 18813, 18966, 23056 and
30576 and Authorize Execution of a New Memorandum of Agreement and Right -of -Way Easement Lease
Agreement with the Federal Aviation Administration at Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Terminate City Secretary Contract Nos. 17577, 17594, 17595, 18813, 18966, 23056 and 30576 with the
Federal Aviation Administration at Fort Worth Alliance Airport; and
2. Execute a new Memorandum of Agreement and Right -of -Way Easement Lease Agreement with the
Federal Aviation Administration at Fort Worth Alliance Airport.
DISCUSSION:
On March 23, 2009, staff received a formal request from the Federal Aviation Administration (FAA) to
enter into a new Memorandum of Agreement (MOA) for the navigational aid facllltleS at Fort Worth
Alliance Airport. The FAA has installed and is currently maintaining 11 facilities, known as ALS,
LOC/DME, GS, IM, MALSR, LOC, GS, ASOS, RVR, RTR and WEF that are currently covered under five
separate lease agreements with the City known as City Secretary Contract (CSC) Nos. 17594, 17595,
18813, 18966 and 23056 which are set to expire September 30, 2009, with the exception of CSC No.
18813 which expires September 30, 2011.
The FAA has made a national policy determination to use the new MOA format to cover required land
sites and easements for existing navigational aid (NAVAID) facilities to improve administrative efficiency.
The MOA contains similar terms and conditions provided under the current no -cost land leases. This
process will be less labor intensive for both the City and the FAA. The NAVAID's are systems for air traffic
control, navigation, communication and weather reporting and are in the primary interest of safety and
direct support for Alliance Airport. The term of the MOA will continue through September 30, 2028, unless
terminated by the FAA earlier with said notice.
On March 23, 2009, staff also received a request from the FAA for aRight-of-Way Easement (ROW)
Lease Agreement for the Approach Lighting System (ALS) at Alliance Airport. The FAA has an ongoing
need for this land site. The ALS is currently under two lease agreements known as CSC Nos. 17577 and
30576, and will be consolidated into one. This ROW will also continue through September 30, 2028,
unless terminated earlier.
All the above Agreements will be terminated and two new agreements will replace them. No revenue is
collected from either the MOA or ROW Lease. It is mutually agreed between the City and FAA due to the
FAA's establishment, operation and maintenance of facilities.
Logname: 55AFW FAA 1VIOA ROW Page 1 of 2
Fort Worth Alliance Airport is. located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND
CENTERS:
TO Fund/ACCOUnt/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by: Carl Smart (6525)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Leah Jipp (5409)
ATTACHMENTS
No attachments found.
Logname: SSAFW FAA MOA ROW Page 2 of 2