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Home My WebLink AboutContract 45732CSC No. tJq7'3z This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF FORT WORTH DEPARTMENT OF AVIATION (Aviation), acting by and through William B. Welstead, its duly authorized Aviation Director and CITY OF FORT WORTH WATER DEPARTMENT (Water), acting by and through Frank Crumb, their duly authorized department heads. In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. AGREEMENT. Aviation agrees to allow Water to use a specific location on Fort Worth Meacham International Airport ("Airport") for the deposit of fill. The specific location is the Northwest Fill Site which is identified on the attached Exhibit A and is incorporated herein for all purposes. 2. TERMS. The initial term of this MOU ("Initial Term") shall commence on the date of its execution ("Effective Date"), and expire at 11:59 p.m. on September 30, 2014. Unless terminated in accordance with the provisions of this MOU, this MOU shall automatically renew for successive Renewal Terms of one year each, commencing at 12:00 A.M. on October 1st of each year and expiring at 11:59 P.M. the following September 30th: provided, however, that the rates for each Renewal Term shall be adjusted to comply with the rates prescribed for the fill site by Aviation's published Schedule of Rates and Charges in effect at the same time. In order to terminate this Agreement, either 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. 3. RATES DURING INITIAL TERM. During the initial Term of this MOU, Water will pay Aviation an annual fee in the amount of $20,000.00 payable in 12 equal monthly installments of $1,666.67. Aviation will create an Inter - Departmental Billing (IDB) entry on or around the first of each month for the monthly installment. The annual amount was determined based on an average of 5,000 loads of material to be dumped annually at a cost of $4.00 per load. On October 1, 2015 and on October 1st of any subsequent year, Aviation will evaluate the fee and the number of loads based on the number of work orders generated by Water in the previous year. 4. RATES DURING RENEWAL TERMS. Rates for each Renewal Term shall comply with the rates prescribed for the fill site by Aviation's published Schedule of Rates and Charges in effect as the same time. Northwest Fill Site MOU — Meacham Airport Aviation/'Water Page 1 of 3 OFFICIAL RECORD CITY SECRETARY Ft WORTHS 3I( 5. FILL SITE Only fill, as specified in attached Exhibit 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 remediate the area where deposited and will be responsible for all costs associated with clean-up, including any fines or penalties resulting from such deposit. 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. Responsibilities: 1. Control Water Department vehicle access to the fill site. Access to the site will remain contmuous. 2. Remediate any negative environmental impacts caused by the fill material introduced to the site by Water. 3. Ensure the fill material introduced to the site meets the specifications outlined in exhibit B of this document. Material that falls outside of this specification must 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. 4. Maintain the access route to the fill site from the Chestnut Avenue entry. 5. Water will be responsible for maintaining the area indicated for their use by the Aviation Department. 6. Obtain any required permits from the City of Fort Worth pertaining to fill operations 7. Water SHALL NOT take or remove fill material from airport property. 6. LICENSES AND PERMITS. Grantees shall, at their sole expense, obtain and keep in effect all licenses and permits necessary for the operation of their operations at the Airport. 7. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Grantee covenants and agrees that it shall not engage in any unlawful use of the Premises. Grantee further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and Grantee immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by Grantee itself shall constitute an immediate breach of this MOU. 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 Northwest Fill Site MOU— Meacham Airport Aviation/Water Page 2 of 3 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, contractors, 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 determined 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. Please provide the FAC for the monthly IDB. FUND/ACCOUNT/CENTER PE45-539120-0607011 Amount $1,333.34 FUND/ACCOUNT/CENTER PE45-539120-0707008 Amount $ 333.33 City of Fort Worth WATER DEPARTMENT BY:�/�"Yl Frank Crumb Director City of Fort Worth AVIATION DEPARTMENT BY: // William B. Welstead Director OFR CI Aviation/Water fla3; RTh9 TX DAL EMCORD L— Meacham Airport Date -V /%1 Date ‘70/7 ssaaay a}ig pue eery uewd!nb3 ;uewpedoa IOW 1 I■ I Ili 11 ■d 11 II 1 I L J. ._ EXHIBIT B - STOCKPILE MATERIAL DESCRIPTION 1.1 This item covers the acceptance and placement of all materials required to construct stockpile areas in accordance with these specifications. This item does not cover the construction 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. Any material containing metals, 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 drainage 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, unless specified approved by the Airport. When the Contractor's excavating operations encounter artifacts of historical 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 allow for their removal. 2.2 STOCKPILES. All suitable excavated material shall be used in the formation of stockpiles or for other purposes as directed by the airport. All unsuitable material shall be disposed 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 divert 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 (200 mm) 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. Rockfill shall be brought up in layers as specified or as directed and every effort shall be exerted to fill the voids with the finer material forming a dense, compact mass. Rock or boulders shall not be disposed of outside the embankment areas, except at places and in the manner designated by the Airport. 2.5 FINISHING AND PROTECTION OF STOCKPILES. After the stockpile has been substantially completed the full width shall be conditioned by removing any 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 stockpiles shall be performed so that it will drain readily. The Contractor shall 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. TO: INTER -OFFICE CORRESPONDENCE Mary Kayser City Secretary FROM: Charlene Sanders Assistant City Attorney II DATER April 28, 2014 SUBJECT: MEMORANDUM OF UNDERSTANDING FORT WORTH DEPARTMENT OF AVIATION and FORT WORTH WATER DEPARTMENT MEACHAM INTERNATIONAL AIRPORT NORTHWEST FILL SITE The subject memorandum is not subject to the City Charter requirement for approval of form and legality by the City Attorney's Office. Please contact me at extension 7611 if you have any questions regarding this memorandum. OFFICE OF THE CITY ATTORNEY The City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 76102 (817) 871-7600 * FAX (817) 871-8359