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HomeMy WebLinkAboutContract 45540 C7SC 0. MEMORANDUM F UNDERSTANDING FORT WORTH DEPARTMENT ENT F AVIATION and FORT WOR WATER DEPARTMENT Effective „ RTH AST FILL SITE This MEMO. ND F UNDERSTANDING " is made and entered into by and between, the CITY OF FORT WORTH DEPA.RTME T OF AVIATION, acting by and through W1111am 1. We stead, its duly authorized Aviation hector and CITY OF FORT T WORTH WATER DEPARTMENT, acting by and thrOUgh Frank Crumb, their duly authorised department heads. In consideration of the mutual c venants, promises and obligations contained herein, the parties agree as :o; ws AGREEMENT. This d ewnent constitutes an agreement between the Department o�f aviation "A iat on" and the FORT WORTS DEPARTMENT OF WATER " to use a specific location on Fort Worth Meacham International Alrport("Airport") for the deposit of fill. The specific location is the Northwest Fill Site which is 'Identified on Exhibit A, an aerial photograph, incorporated herein for all purposes. 2. TERMS. A. 'Initial 1 erm. The initial term, of t this MOtJ ("Initial Tenn" shall commence on the date of'its execution ("Effective rate , and expire at 11:5�9 p.m. on September 30, 2019 ') IIpWUII1W i V,91pWIIIIW9p91UIWN!i11N0101!MWIINNUYM9M91WMf I AviatiotVWater Northwest Full site OFFICIAL IRECORD Page I of 4 R'ECEI:VED APR I a 201K �l' F"'E. "I W101 fAITH 11 T X T aNnfA.i.1an..am n4,rIWN1PVl71e¢11iAdINWN+mrwzJ;o,uG9U4XYa/�Nl u!u ,W7Vh'ollIINN"M1OI�Wd!uD7VUGUIgMIIIWfiNOmNNN B. Duration. 'rhis MOU shall operate commencing, on -the date of its execution.. Tn. order to terminate this Agreement, a party must provide the other party with written notice of its intent to terminate not less than ninety(90) days prior to the effective date of such, termination. C. FIM 1. On,ly fill, as specified in attached Exh�bft B, which is attached hereto and incorporated herein for all purposes, shall be deposited at the Northwest Fill Site., Should any fill not meeting the specifications in attached Exhibit B be deposited at the Northwest Fill Site, the offending department will be required to remeaiate the area where deposited and will be responsible for all costs associated with clean-up, including any fines or penalties resulting from such deposit. 2. Fill shall not be deposited in any location other than the Northwest Fill Site unless, approved by the Director of Aviation. Should fill be deposited at any other location on Airport property without the approval of the Airport Director, the offending department will be required to remove and properly dispose of the improperly deposited fill. Additionally, the offending department will. be responsible for any fines or penalties, which may result from the deposit of inappropriate material. D. Responsibilities. 3. Water shal.l.- a. Control. Water Department vehicle access to the fill site. Access to the site will remain continuous., b. Re mediate any negative environmental impacts caused by the 611 material, introduced to the site by Water. c. Ensure the fill material introduced to the site meets the sec cifi cati Otis outlined in exhibit B of this document. Material, that falls outside of this speciffication, i-nust not be brought into the site unless a means, to bring it into the required specifications, such as a rock crusher, is available on site. d. Mam' taro the access route to the fill, site from the Chestnut,Avenue entry. e. Water will be responsible for maintaining the area indicated for their use by the Aviation Department. f. Obtain any required pen-nits from the City of Fort Worth pertaiim*ng to fill operations 4. Water SHALL NOT'take or remove fell!. from airport property. E. Fees 1. The Federal Aviation Administration (FA-A), has Grant assurances and compliance documents that,all airports, receiving federal grant dollars must follow., The FAA has indicated that Meacham Airport must be charging a "fair market value"' fee to all entities including other city departments to use airport property. Northwest Fill Site MOU—Meachatn Airport Aviation/Water Page 2 of 4 2. Effective October I st, 2014 Meacham Airport, will collect a fee from Water in the amount. of$20,000 per year, to account for the average of 5,000 loads of material that is dumped annually, at a cost of $4.0!0 per load. Water will submit monthly payments of$1666.67. The load figure is determined by the multiplication of water related work orders by an average extraction of 14,.2yd' of material per work order and the multiplication of sanitary sewer,related work orders by an average extraction of 4.6 d' of material per work order, with an average of 6yd hauled to the fill site per load. Aviation shall evaluate the fee annually based on the number of work orders, generated by Water 'in the previous year, and reserves the right to invoice Water annually for any increase in work orders, in the prev,lous year, leg ruin October 1, 2015 and oin October Vt of any subsequent year. 3. Rates are sub jectto increase beginning October 1, 2015, and on October I st of any subsequent year during the Initial Term, to reflect any upward change, if*any, in the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, as anilounced by the United States Department of Labor or successor agency (i) for the first increase, since the Effective Date of this MOU and (lieu for each subsequent *increase, since the effective date of the last increase 3. LICENSES A- ND PERMITS. Grantees shall, at their sole expense, l tain and keep, 'in effect all licenses and permits necessary for the operation of their operations at the Airport. 4. COMPLIANCE WITH LAWS,ORDINANCES, RULES AND REGULATIONS. Grantee covenants, and agrees that it shall not engage in any unlawful use of the 'Premises. Grantee # 4 further agrees, that it shall not permit its officers, agents, servants, employees, contractors,, subcontractors,, patrons, licensees or invitees to engage in ally unlawful. use of the Premises and Grantee! immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use m e of the Preises by Grantee itself shall constitute te an immediate breach of this MOU. a' Grantee agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of Grantor; all rules and regulations established by -the Director; and all rules and regulations adopted by the City Council pertaining to the conduct required at airports owned and operated by the City, as such laws,ordinances,,rules and regulations exist or may hereafter be amended or adopted. If Grantor notifies Grantee or any of its officers, agents, employees, contractot's, Subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations,, Grantee shall immediately desist from and correct the violation. It is understood and agreed between Aviation and Water that,, Aviation may, from time to time during the term of this agreement, amend any of its polices relative to the operations and regulations of the Meacham, International Airport Fill Site and Water agrees that they will abide by and conform, to any such amendments as may be made throughout the term of this agreement. Further, if it is Northwest Fill Site MOU—Meacham Airport Aviation/Water Page 3 of 4 'I . deternim' ed 'that any provisions in this agreement violate any local,, state, or federal laws, rules or regulations, Aviation reserves the right to amend this agreement to be in compliance with such laws, and Water agree that it will abide by and conform to any such amendments as may be necessary., ate Wifliam B. Weistead,Director Airport Systems City of ort Worth 01, eP Date Frank Crumb,Director Water Department City ofort Worth Northwest Fill Site OFFICIAL RECORD MOU --Meaclawn Airport MIT SECRETA IV AviatiorVWater Page 4 of 4 F"Ta,WCMTH9, umm ill IN I N 11111 11111 1 Water,Department Equipment area and Silte Access Lew i r 11 1 .a i f- I ouuuuufo l 0 i 0 ti f„ i ,y ,r EXH II IT B -STOCKPILE MATERIAL DESCRIPTION 1.1 This item covers the acceptance and placement of all materials reqluired to construct stockpile areas in accordance with!,these specifications. This item does not cover the coinistruuction of safety areas, runways, taxiways, aprons, building construction, or other facilities. 1.2 CLASSIFICATION. All material' shall be classified as defined below: a. Suitable Material. Suitable material shall consist of all soil material., regardless of its nature including asphalt and concrete., which is not otherwise classified under the following items. b. Unsuitable Material. And material containing meta�lls, decaying stumps, logs or environmentally contaminated material. Material not considered by the Airport to be suitable shall be the responsibility of'the Water Department and be must be removed. CONSTRUCTION METHODS, 2.1 General. All waste areas shall be graded to allow positive dlrainage of the area and of adjacent areas. The surface elevation of waste areas shall not extend above the surface elevation of adjacent usable areas of the airport, ulnles,s specified approved by the Airport. When the Contractor's excavating operations encounter artifacts,of hl sitorica�l or archaeological significance, the operations shall be temporarily discontinued. At the direction of the,airport,the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and' for their removal. 2.2 STOCKPILES. All suitable excavated material shall be used in the formnaltion of stockpiles or for other purposes as directed by the airport. All unsuitable material shall be isposedl of as described in Section 152-1.2,. The grade shall be maintained so that the surface is well drained at all times. When necessary, temporary,drains and drainage ditches shall be installed to intercept or dlivert surface water that may affect the work. 2.4 FORMATION' OF STOCKPILES. Embankments shall be formed in successive horizontal layers of not more than 8 inches (2010 m1m) in loose depth for the full width of the cross,section, unless otherwise approved by the Airport. The grading operations,shall be conducted, and the various soil strata shall be placed, to produce a soil structure as directed. The Contractor shall drag, blade, or slope,the material to provide proper surface drainage. Stomas or fragmentary rock larger than 24 inches in their greatest dimensions will not be allowed in the,stockpile areas. Rock,fill sihalll be brought up iri layers ails specified or as directed and every effort shall be exerted to,fill the voids with the finer material formaing a dense, compact mass. Rock or boulders shall not be dlispiolsed of outside the embankment areas, except at places and in the manner designated by the Ai'r,poirt. 2.5 FINISHING AND PROTECTION OF STOCKPI LEIS. After the stockpile has been substantially complielted the full width shall be conditioned by removing,asny soft or other unstable material that will not compact properly. The resulting areas and all other low areas., holes or depressions shall be brought to grade with suitable select material. Grading of the stockpliles,shall be performiled so that it will drain readily. The Contractor shrill take all precautions necessary to protect the stockpiles from damage. He/she shall limit hauling over the finished stockpiles to that which is essential for construction purposes. All ruts or rough places that develop in a completed stockpile shall be smoothed. Fo!R,TWORTH INTER-�OFFICE CORRESPONDENCE TO*- ark Kayser City Secretary FROM: Charlene Sanders Assistant City Atto rney II DATE-. April 28, 2014 SUBJECT: MEMORANDUM OF UNDERSTANDING FORT WORTH DEPARTMENT F AVIATION and FORT WORTH' WATER DEPARTMENT' MEACHAM INTERNATIONAL AI T NORTHWEST FILL SITE subject memorandum is not subject to the City Charter requirement irement for approval of fora and legality by the City Attorney's Office. Please contact me at extens,ion 7611 if you have any questions regarding this OFFICE F THE CITY ATTORNEY The City of Fort Worth * 1 000 Thro:ckmorton Street Fort Worth,Texas 76,102 -7600 FAX(8,17)871-8359