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CONTRACT NO.
Agreement Number
AJW=FN-CSA012-2081
NONFEDERAL REIMBURSABLE AGREEMENT
BETWEEN
DEPA ! 'I 'MENT OF TRANSP TATI ON
FEDERAL AVIATI N ADMINISTRATI N
AND
CITY OF FORT WORTH, TEXAS
for the FORT WORTH ALLIANCE AIRPORT
WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by
contract material, supplies, equipment, and services which the City of Fort Worth, Texas
(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;
WHEREAS, the authority for the FAA to furnish material, supplies, equipment, and
services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. §
106(1)(6) on such terms and conditions as the Administrator may consider necessary;
NOW THEREFORE, the FAA and the Sponsor mutually agree as follows:
ARTICLE 1. Parties
The Parties to this Agreement are the FAA and City of Fort Worth, Texas.
ARTICLE 2. Type of Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WOItTE9 TX
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 support the
Sponsor's planned project to to extend the north end of Runways 16L/34R and
16R/34L at Fort Worth Alliance Airport, Fort Worth, Texas. Runway 16L and
Taxiway A will be extended 1,400 feet. Runway 16R will be extended 2,800 feet.
At the end of this project, both runways will be at 11,000 feet. This Agreement
provides the funding necessary for FAA services to evaluate the potential impacts
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Agreement Number
AJW-FN-CSA-12-2081
the proposed runway extension may have on several FAA facilities and equipment
located on the Airport. These services will include FAA technical services,
consultation, engineering reviews, engineering analysis, design reviews, line of
sight studies, site visits, cost estimates, project scope development, FAA electronic
design, environmental studies, initial planning, and provide FAA construction
oversight as needed. The FAA will also participate in all design meetings to
determine impacts to FAA facilities necessitated by the project and to develop cost
estimates for mitigating the impacts to any FAA facilities. The parties anticipate
initiating subsequent agreement(s) for follow-on work to support the Sponsor's
construction.
The following is a list of potential FAA facilities that the parties expect to be
affected by the project. Those facilities and services are as follows:
1. Relocate Runway 16L FAA Navigational Aids (NAVAIDS) equipment
a. Relocate or replace High Intensity Approach Lighting System with
Sequenced Flashing Lights-2 (ALSF-2) (remove in -pavement lighting)
b. Relocate or replace Glide Slope (GS)
c. Relocate or replace engine generator
d. Relocate or replace underground storage tank & day tank
e. Relocate or replace National Airspace System Equipment Building
(NASEB)
f. Relocate or replace cabling
g. Relocate or replace Runway Visual Range (RVR)
h. Relocate or replace Medium Intensity Approach Lighting System with
Runway Alignment Indicator Lights (MALSR)
2. Relocate Runway 16R FAA NAVAIDS equipment
a. Relocate or replace Runway End Identifier Lights (REIL)
b. Relocate or replace Precision Approach Path Indicator (PAPI)
c. Relocate or replace NASEB building
d. Relocate or replace GS
e. Relocate or replace cabling
3. Runway Status Lights (RSL)
4. Relocate WEF-420 Wind Sensor (Located adjacent to Runway 34R GS)
5. Remote Transmitter Receiver (RTR) site
6. Relocate Automated Surface Observing System (ASOS)
This Agreement provides funding for the FAA to determine how to mitigate these
impacts. Therefore, this Agreement is titled:
Provide Engineering Support for the Relocation of Navigational Aids and Other
Equipment Due to Extension of Runways 16L/34R and 16R/34L at Fort Worth
Alliance Airport, Fort Worth, Texas
B The FAA will perform the following activities:
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Agreement Number
AJW-FN-CSA-12-2081
1. Provide standard drawings, specifications, and directives for all FAA impacted
facilities, when requested by the Sponsor;
2. Provide an FAA primary point of contact to ensure necessary information
provided by the Sponsor is coordinated with the appropriate FAA parties;
3. Perform engineering design and environmental document reviews, as necessary,
of the Sponsor's studies, plans, and specifications in support of the Sponsor's
construction project. The FAA will provide four review cycles of the Sponsor's
plans and specifications at 30%, 50%, 75%, and 100%. The FAA will have
twenty-one (21) business days to submit comments back to the Sponsor. The
Sponsor's 100% design plans and specifications are not final until the FAA has
notified the Sponsor that all of the FAA's comments, suggestions, and
requirements have been incorporated into the design plans and specifications;
4. Provide technical services and consultation;
5. Assist the Sponsor with all applicable FAA requirements, agreements, orders
and standards to be complied with;
6. Meet with the Sponsor as required (including by teleconference) to coordinate
and discuss project planning and engineering;
7. Conduct preliminary engineering analysis of the FAA systems impacted by the
project and provide recommendations;
8. Perform all line of sight and technical studies necessary to determine possible
impacts to FAA facilities;
9. Perform engineering design reviews of the Sponsor's plans and specifications in
support of the Sponsor's project as appropriate
10. Develop cost estimates for any FAA facilities that may be adversely impacted
by the Sponsor's project. If necessary, the cost estimates will be amended prior
to the start of the construction phase of this project;
11. Provide preliminary design reviews on grading plans and other preliminary
plans and specifications;
12. Electronically locate and physically mark all FAA power and control cables in
the areas affected by the Sponsor s construction Any cable requiring
excavation to confiini its location will be executed by the Sponsor with FAA
oversight;
13. Provide prehminary environmental analysis (Environmental Due Diligence
Audit or Waiver) and studies, as required; and
14. Review the Sponsor's environmental documents, as required.
C. The Sponsor will perform the following activities:
1. Provide the funding for this agreement;
2. Resolve, document, and mitigate issues as identified by the FAA (in Article
3.B.3.);
3. Provide the FAA with detailed information (exhibits, diagrams, drawings,
photographs plans, studies, elevations coordinates and heights, etc.) for all of
the proposed, planned or related activities for this project;
4. Provide the FAA with copies of all environmental documents;
5. Ensure that all applicable FAA requirements, agreements, orders and standards
are complied with;
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Agreement Number
AJW-FN-CSA-12-2081
6. Provide an engineering and construction schedule to the FAA within 30 days of
this signed agreement Provide schedule updates monthly;
7. Submit all required Airspace Studies for the identified FAA facilities, systems,
equipment, and infrastructures covered by this Agreement;
8. Provide to the FAA eight (8) sets of ANSI size "D" design drawings of the
project's plans and specifications in hard -copy format for the FAA's
coordination and review at the 30%, 50%, 75% and 100% design phases. The
FAA will have twenty-one (21) business days to submit comments back to the
Sponsor. Within twenty-one (21) business days of receipt of the FAA's
comments, or within such other period as the parties may agree, the Sponsor
will provide to the FAA a written response to each of the FAA's comments,
suggestions, and/or requirements. No construction may begin prior to receipt of
FAA design approval. The Sponsor will advise the FAA of any proposed
changes before and during construction.
The project's drawings and plans and specifications shall be sent to the
following addresses:
4 sets to:
FAA Central Service Center
ATTN: Steve Myrosh
AJV-C14C
2601 Meacham Boulevard
Fort Worth, Texas 76137
1 sets to: FAA, Technical Support Center
ATTN• Mark Benson
FAA Dallas/Ft Worth TRACON/ATCT
P.O. Box 610368
DFW Airport, Texas 75261-0368
2 sets to: FAA, Fort Worth SSC
ATTN: Charles Fairless
WCJ83-DFW
1050 Meacham Blvd..
Fort Worth, Texas 76106
1 set to: FAA Great Lakes Regional Office
ATTN: Frank Gualillo, AJW-C 11 D
2300 East Devon Avenue
Des Plaines, Illinios 60018
ARTICLE 4. Points of Contact
A. FAA:
1. The FAA, Air Traffic Organization, Central Service Area, Technical Operations
Engineering Center, Fort Worth, Texas, will perform the scope of work
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Agreement Number
AJ W FN-CSA-12-2081
included in this Agreement. Steve Myrosh is the NAVAIDS Engineer and
liaison with the Sponsor and can be reached at (817) 222-4469. This liaison is
not authorized to make any commitment, or otherwise obligate the FAA, or
authorize any changes which affect the estimated cyst, period of performance,
or other terms and conditions of this Agreement.
2. FAA Contracting Cheer: The execution, modification, and administration of
this Agreement must be authorized and accomplished by the Contracting
Officer, Bradley Logan, who can be reached at (817) 222-4395.
B. Sponsor:
City of Fort Worth
ATTN: Department of Aviation
4201 North Main St Suite 200
Fort Worth, Texas 76106
817) 392-5400
ARTICLE 5. Non-interferenee 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 terra 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. Transfer Agreement
Not used.
ARTICLE 7. Estimated Costs
The estimated FAA costs associated with this Agreement are as follows:
Non. Federal Reimbursable Agreement 1173 Page 5 of 10
Agreement Number
AJW-FN-CSA-12-2081
Fort Worth Alliance Airport Cost Estimate
•
s
escr ptionFof, ,Reim yyursablle Iter
Labor
Program Management WB4010
Engineering Support WB4020
Environmental, EDDA WB4030
Construction Oversight, RE Support WB4050
Other Objects
Travel WB4010, WB4020, WB4030, WB4050
ARTICLE 8. Period of Agreement and Effective Date
Total `Costs.;
$ 6,545.00
$ 99,330.00
$ 25,000.00
$ 10,010.00
5,500.00
4638500,,
38,792:03;;'i
Total i$''185,177A3_
This Agreement supersedes and nullifies any previous agreements between the parties on
the subject matter. 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, Section E of this
Agreement. Under no circumstances will this Agreement extend 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 full advance payment in the
amount stated in Article 7 to the Accounting Division 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.
B. The Sponsor certifies that arrangements for sufficient funding have been made to
cover the estimated costs of the Agreement.
C. The Accounting Division is identified by the FAA as the billing office for this
Agreement. The Sponsor will send a copy of the executed Agreement and the full
advance payment to the Accounting Division shown below. All payments must
include the Agreement number, Agreement name, Sponsor name and project
location.
The mailing address is:
FAA Mike Monroney Aeronautical Center
Attn: AMZ-330, Reimbursable Project Team
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Agreement Number
AJW-FN-CSA-12-2081
request that it be modified, whereupon the parties will consult to consider such
modifications.
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
Not Used.
ARTICLE 13. Legal Authority
This Agreement is entered into under the authority of 49 U.S.C. § 106(1)(6), which
authorizes the Administrator of the FAA to enter into and perform such contracts, leases,
cooperative agreements and other transactions as may be necessary to carry out the
functions of the Administrator and the Administration on such terms and conditions as
the Administrator may consider 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
Non -Federal Reimbursable Agreement V73 Page 8 of 10
Agreement Number
AJW-FN-CSA-12-2081
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
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,
Contractor Personnel Suitability Requirements (January 2011) 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
modification to this Agreement, the terms of such modification will supersede the terms
Non -Federal Reimbursable Agreement V73 Page 9 of 10
Agreement Number
AJW4NCSA424M) I
of this Agreement to the extent of any inconsistency, Each party acknowledges
participation in the negotiations and drafting of this Agreement and any modifications
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.
AGREED
FEDERAL AVIATION
AD STRAIT %N
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NAME
TITLE
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Contracting Officer
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Non -Federal Reimbursable Agreement V73
CITY OF FORT WORTH, TX
SIGNATURE
NAME Fernando Costa
TITLE Assistant City Manager
DATE 13/ZO/12
APPROVED AS TO FORM AND LEGALITY:
Assistant City
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Page 10of10
M&C Review
Page 1 of 2
DATE:
HCEL
COUNCIL ACTION: Approved on 8/14/2012
8/14/2012 REFERENCE NO.: **C-25786
CODE C TYPE:
SUBJECT:
LOG NAME:
PUBLIC
HEARING:
Authorize Execution of a Non Federal Reimbursable Agreement with the Federal Aviation
Administration in an Amount Not to Exceed $186 587.50 as Part of the Runway Extension
Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2)
55AFW RWY EXT
FAA PDRA
CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Non -Federal Reimbursable
Agreement with the Federal Aviation Administration in an amount not to exceed $186,587.50 as part
of the Runway Extension Project at Fort Worth Alliance Airport.
DISCUSSION:
The purpose of this Agreement between the Federal Aviation Administration (FAA) and the City of
Fort Worth is to support the planned project to extend the north end of Runways 16L/34R and
16R/34L at Fort Worth Alliance Airport, Fort Worth, Texas. The proposed runway extension may
impact FAA facilities and equipment located on the Airport.
This Agreement is to initiate FAA technical services, consultation, engineering reviews, engineering
analysis, design reviews, line of sight studies, site visits, cost estimates, project scope development,
FAA electronic design, environmental studies, initial planning and provide FAA construction oversight
as needed. The FAA will also participate in all design meetings to determine impacts, requirements
and mitigation to FAA facilities necessitated by the project and to develop cost estimates for any FAA
impacted facilities. Other Agreement(s) shall be initiated for follow-on work to support the sponsor's
construction.
FAA funds from Runway Extension Grant No 3-48-0296-42-2010 will be used for this Project.
Existing land credits that remain from the original land donation for Alliance Airport will be used for
the City's 10 percent in -kind match.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available, as appropriated, in the
current capital budget of the Airports Grant Fund.
http://apps.cfwnet org/council_packet/mc_review. asp?ID=17152 &councildate=8/14/2012 9/24/2012
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 539120 055218451300 $186,587.50
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Ruseena Johnson (5407)
ATTACHMENTS
00960 Project Map.pdf
http://apps.cfwnet.org/council packet/mc review.asp7ID=17152&councildate=8/14/2012 9/24/2012