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MElV10RAl�TDUNI OF AGREElVIENT BETWEEN
FEDERAL AVIATTOIi� ADIVIII�IISTRATION {FAA}
, �
CIT� OF FORT WORTH, TEXAS
ARTICLE I. PARTIES
The parties to this Agreernent are the Federal Aviation Administration {�AA) and the
City af Fort Worth, Texas.
ARTICLE �. S�OPE
a. Pur�aose:
The City of Fort Warth plans ta ex�end runways 16Ll34R, 16R/34L and associated
Taxiways at Fort Worth Alliance Airport (AFW}, Fort Worth, Texas, hereinafter referred
to as fhe Project. The purpose of this Agreement between the Federal Aviation
Administration (FAA} and �he City of Foi�t Worth is ta pr�pare an engii�eering plan that
identif es and coordinates all of th� FAA required sfte preparatian, integration,
installation, and system transitions requued to suppork the Airpart's Project.
b. Specific �oalg and ob,�ectives to bc accomplished:
The specific goal of this agreement is fio support the Airport's plan to extend Runways
16L/34R, 1,400 feet ta ih� north and 16R/34L, 2,750 �eet to the north for total af 11,OOfl
feet and extend associated taxiways. The project will require th.e relacation of many FAA
systems aud their associated infrastructure. The Project will impact t�e airport operation,
which wilI require rislc manag�rnent, confiingency planning and project management to
protect the FAA's interests. The Airport's planned activities require the FAA to provide
Engineering Services (planning, caordination., electranic, civil and mechanical
engineering review)
c. Managemenf of the project:
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d. Roles and responsibilities:
(1) The FAA will perform, at the City of Fort Worth's expense, the
follo�v�ng_
a. The FAA will develop an Engineering Plan for the FAA systems,
infrasiructure, and opera�ions, in coordination w�ith tlie City's Proj ect.
b. Th� FAA will meet with the City as required, ta coardinate and discuss
project planning ar�d engineering.
c. The FAA will re�iew and comment on the City's plans and specifications
for the Project.
d. The FAA will identify, to the best of theiu- ability, known infarmation at
the time and all materials required accomplishing the�FAA port�on of the
Praject. T�ese items will be documented in a tat�ular list that identifies at
a minimum, the description, manufacture type/model ar part number,
quantity required, unit of issue, an.d estimated costs.
e. The FAA will identify any special and unique components, material and
equipment as required for the Project.
(2) City of Fort Worth
a. The City of Fort Worth wiil provide the fiznds for the Project.
b. The City of Fort Worth wil� pxavide to the �'AA detailed infQrmatian
{exhibits, diagrams, drawings, phatagraphs, plans, elevatio�, coordinates
and heights) for all the proposed, planned or reiated projects i� the airport.
c. The City of Fart Worth will provide to the FAA, 4 sets each of draft
designs and specifications far their coordination and review. The City ai
Foi-t Wortli will provide a maximum of 15 worlcing days for ii3e FAA to
review and consolidate their co�nments back to The City of Fort Warth.
The City of Fort War�h will prouide fio the FAA, u+ritten mitigataon to eacY�
of the FAA's cornrnents, suggestions, and/or requirements with�n 15
working days of FAA's subnnzssian of co�ents
d. The City of Fort Worth will provide the F1�A any lcnown changes in the
Praj ects plans or specifications.
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e. The City o� Fort Worth is responsible for facilitatiiig, docunlenting, and
mitigating issues as identified by the FAA in a timely maruler.
Parties are bound by a duty of good fu.th and best effort in achieving the goals of the
Agreement
e. Cont�ibu�tians of the Parties;
Personnel and Summary Costs:
1 The following is the estimated costs for FAA personnel, general supplies, and
trave�, that will be incurred by the FAA far this project are as follows:
{a) The table below includes t�e Estimated costs.
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This Agreement is an "other transaction". It is not intend�d to be, nor sIaall it be
construed as, a partnership, cor}�oration, or other business arganization,
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ARTICLE 3. EFFECTIVE DATE and TERM
The effective date of this Agreement is the date an which the FAA or the City of Fort
Worth, whichever is Iater, signs it. This Agreement shall corztinue in e�fect until the last
bill is paid or until earlier terminat�d by the parties as provided herein.
ARTICLE 4. M�LESTQNES
Not required under this Memorandum af Agreement.
ARTICLE 5. REPORTING REQUIREMENTS
Nat requirec� under tl�is Memorandum af Agreeinent.
ART�CL]E G. INTELLECTUAL PROPERTY
Not required under this Memorandum of Agreement.
ARTICL� 7. L�GAL Ai7THORITY
This Agreement is ei�.tered inta under the authority of 49 U.S.C. 106(1) and (m), which
aufil�orizes agreements and otller transactions on such tezms �nd conditions as the
Administrator c�etermines �.ecessa.iy.
ARTYCLE S. P�INTS OF CONTACT
ANI Memarandum of A�reement Coardination
Victoria Borrego
Fort Warth NAS Impiementatian Center, ANI-620
Phane number: 817-222-4553
Email: Victaria.Borrego(ct�FAA.GOV
Technical Coordination
Diep Ngo, ANI-680
Fort Worti� NAS Tmpleirtentation Center, AN7-6S0
Phone Number: 817-222-��64
Email: Diep.Ngo cr,FAA.GOV
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City of Fori Worth POC
Mike Groomer
Assistant City Manager-
1 Q00 Thorockxnarton
Fart Worth, Texas 761 �2
Phone number: 817-$71-614Q
FAA Contractin� Officer
Leslie Cue�as
Lagistics Divisian, AS`N-SO
Federal Aviation Administration
Southwest Region Headquarters Building
Fort Worth, Texas 76193-0050
Phone: 817-222-4341
Email: Ieslie.cuevas(a�faa.�ov
ARTICLE 9. FUNDING A.PID PAYNIENT
a. The City of Fort Wo�fh is responsible for the actual expenses incurred on #he Project,
which is estimated at ($ 40,400.00). The FAA will not contribufe any funds to the
cost of performance undex this MOA. Obligation wili be chargeable to apprapriation
code: 21X82R9/82DH120�71XIDQOX8433/x�, w�ere xxxx is tlie object class and
000 is the CAF code.
b. Adminzstrative overhead has been waived for this MOA.
The City Of Fort Worth will reimburse the FAA in arrears fox the actuaf project costs
incurred by the F�1A, provided, however, that upon revacation or t�rn�ination of the
AGREEMENT for any cause, the Ciiy of Fort Worth will reirnburse the FAA for all
necessary liquida�in.g expenses.
d. The FAA hereby identifies the FAA Accounting Di�isio:n, ASW-42, Fort Worth,
Texas, as the billing off ce for this Agreement. The level of detail included in the
billing will be that normally provided by the FAA and avaiiable from FAA
accounting records. � � � ' � � .
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DTFA07-Q2-Y�Q3263
Billing Offce
DOT�'FAA
Southwest Region Headquarter�
Resource Management Division, ASW-4�
Attention: Ms. Dena McDanieI, AS W-42E5
Fort Worth, Texas 76193��042
Phane numb�r: 817-222-5488
FAX: 817-222-5953
En�ail: dena.a.mcdaniel(c�faa.gov
e. The City of Fort Worth hereby identifies the office to which the FAA will render bills
for the actual cost incurred is as follaws:
Tim Ward
President, Ailiance Ai.r Services
2221 Allialice Blvd Suife 100
Fort Worth, Texas 76177
Phone number 817-890-I0�0
�. The amounis set forth in tl�is AGREEMENT are estimates. If during the cou�•se of tlle
Agreement actual costs are expected to exceed the estimated amour�t, the FAA will
notify the (Sponsor), in writing, ta gain written approval before proceeding.
g. Billings will be sent quarterly and are due 45 days from th� billing date. Late
charges may be assessed on delinquent payments and wiil apply to the overdue
}�ayment for each bill for each 30-day period or portian thereof that payment is
delayed as follows:
(1} The U.S. Trea�ury shaIl assess int�rest on the basic amount due at the
prevailing rate fixed.
(2) Penalties shall be assessed on. the unpaid portion of basic charges and
overhead remauung more than 90 days past due at the raie of 5 p�rcent
per annum.
(3} Administrative chaxges sha11 b� assessed when the debt beco�nes
delinquent 45 days from the k�illing date at a fixed standard rate of $12
per manfh.
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DTF'A07-02-Y-03263
ARTICLE 10. LIMITATION �F FUNDS
Not required under this Memorandum of Agreement.
ARTICLE 11. APPROVAL OF SUBCONTRACTORS
Not required under this Memorandum of Agreement.
ARTICLE 12. AUDIT�
Not required under this Memoranduin a�Agree�nent.
ART�CLE 13. CHANGES, MODIF�CATIONS
As�y changes to this Agreement shall be formalized by an appropriate written arnendment
#hat shall out�ine in detail the exact nature of the chazige. Any amendment to tlus
Agreemen� shall be �xecuted in writing and signed by the aLrthorized represaiitative af
�ac� party. It is th� responsibility of each party to ensure the parties signing this
Agreement or any subsequent amendment to ihis Agreement have authority to do so.
ARTYCLE 14. TERMINAT�O�I
Yn addition to any other termination rights provided by this Agreement, either party may
terminate tlus Agreement at any iirne prior to its expiration date, with or without cause,
and without in.curring any liability or obligation to the t�rminated party (other than
payment of amounts due and owing and performance of obligations accr�ied, in eacl� case
on or prior to the termination dafie) by giving ihe ather party� at least thirty (30} days prior
vvritten notiee of termination. Upan receipt of a notice of termination, the receiving pai�y
shall take immediate steps to stop the accrual of any additional obligations, which miglit
require payment.
ARTICLE 15. URDER OF PRIECEDENCE
In th� event of any inconsistency between the terms of the Agreernent, the inconsist�ncy
shall be resolved by giving preference in the followzng ord�:r:
(aj The Agreem.ent,
(b) The Attachments.
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ARTICLE I6. CONSTRUCTTON OF THE AGREEMENT
This Agreement is an "other transaction" issued under 49 U.S.0 106 (1) and (m} is not a
p�rocurement contract, grant or coop�xative agreernent. Nothing in this Agreement shall
be construed as incorporating by reference or implication any provision of Federal
acquisition law ar regulation.
Each party ackno�ledges that all parties hereio participated equally in the negotiation and
drafting of this Agre�ment and any amendments thereto, and that, accordingly, this
Agreement shalI not be construed more stringently against one party than against the
athex.
ARTiCLE 1"7. DYSPUT��
Whexe possible, disputes will be resolved by informal discussion bei�veen the parties. If
the parties ar� unable to resolve any disagreement through good iaith negotiations, either
party may terminate this Memorandum o� Agreement as set forth in Article 14
("Terminafiion").
ARTI�LE 18. WARRANTIES
The FAA makes no express or implied warrai�ties as to any znatter arising und�r this
Agreement, or as to the ownership, merchaz�tability, ar fitness for a particular purpose of
any prope�ty, includ'ang any equipment, device, or software that may be pro�ided under
this Agreement. �
ARTICLE 19. TNSCIRANCE
Not required under this IVlemorandum of Agreeme:�tlUnderstanding.
ARTICLE 2Q. LIMITATION OF LIABII.ITY
a. With regard to any liability which may aris� out of �orlc under this agreement, each
party expxesaly agrees that it shall be solely and exclusively liable for the negligence
of its own agents, sei•vants, andlor emplo�ees and that neither paa.-ty laolcs to the other
to save or hold harmless for the consequences af any negligence on the part of ane of
its own agents, servants, and/or emp�ayees. Neither party is hexeby waiving any
rights ar protection it pre�ently enjoys by reason of any applicable state or federal
law.
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DTFA07-02-Y-03263
b. Excepi far damage ta or destruction of FAA groperty caused by� the FAA or any FAA
personnel, the Ci�y of Fart Wortn agrees to reimburse the FAA far any damage to or
destruction of FAA praperty arising out of work under this Agreement.
ARTICLE 21. LOWER TIER AGREEMENTS
Not required under this Memarandum of Agreeme�t.
ART�CLE ��. CIVIL RIGHTS ACT
The City af Fart Worth shall camply with Title VI oi the Civil Riglzts Act of 19{4
relating to nondiscrimination in fedarally assisted prog�ams and provide a eertification ta
that effect.
ARTICLE 23. OFFICIALS NOT TO BENEFIT
AMS Clause 3.2.5-1, "�ffzcials Nat to Senefit" and Clause 3.2.5-7, "Disclosure
Regarding Payments ta Influence Certain Federal Transactions° are attached hereto and
incorporated by reference in�o this Agreement.
ARTICLE 24. PROTECTI�ON OF INFORMA7CION
The parties agree that they shall take appropriate rneasur�;s to �rotect proprietary,
privileged, or otherwise cnnfidential information that may eome into fiheir possession as a
resu�t of �his Agreement. _
ARTICLE 2�. SECi1RiTY
3.13-3 Contraetor Personnel Suitabifity Requirements (NNE 2001) (DEVIATION)
(a) This clause applies to the extent that ti3is contract requires contractor emplayees,
subcontractors, ar consultants to bave access #o: FA.A: {1) facilities, (2) sensitive
informafion, andlor (3) resources regardless of the location where snch access occurs, and
none of the exceptians FAA. �rder 1600.72 chapter 4, paragraphs 403g, 403-i-1, and/or
409 pertain.
(b) Consistent with FAA Oxder 1600. 72, the FAA Servicing Security Element (SSE} has
approved designated risk levels far the following positians under the contract:
Position Risk Lev�l
ALL POSTTIONS L�W
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(c) Not Iater than fifteen {15) days aft�r con�ract award (or date of modification, if this
prav�siQn is included by modification to an existing contract), for each contractor
employee in a Listed positian, provided, no pre�io�s background investigati�n can be
support�d as described below, the contrac�or shall submit the followuig documentatian to
the Servicing Security Elements (SSE} for an employment suitability determination_
-Standard Form (S�) $SP; Quesiionnaire for Pub�ic Trust Positions, revised Septernber
1995. The SF-85P 5ha11 be completed {ail questions answered} in accordance witli the
instruction sheei.
-One single sheet fingeiprint card (FD-25$}. The FAA SSE will provide infarmatioil
pertaining to the locatian of fingerprinting facilities. All fingezprint cards shall be writtei�
in ink or typewritten with all answerabFe question blocIts completed,
and shalI be signed and dated within the 60 day period preceding th.e submission,
The type of investigaiion conducted will be determined by the position risk Icvel
designation far ali duties, functions, and/or tasks performed and sh�.11 serve as the basis
for granting a favorable emplayment suitability authorization as described in FAA Order
160Q.72. If an emplay�e l�as had a previous Government-directed bacltground
i��vestigation cornpleted by a Federal Government entity, which ineets the requiremenis
of Chaptex � of FAA Order 1600.72, it will ba accepted Uy FAA. However, the FAA
reserves the right ta caiaduct further investigations, if necessary. For eacI� contractor
employee far which a previous bacicground investigation was completed, tbe Contractor
shall provide in writing to the SSE in a sealed envelop t�e name, date of birth, place of
birth, and social security number of the employee, the name of d�e in�estigation entity,
type of background investigatian conducted, and approximate date the pre�ious
background investigation was cornpleted. The Contractor shall submit the
required infarznation in a scaled �nvelope with a transmittal letter referencing the contract
number and t1�is request to:
Department of T:ransporta�ion
Federal Aviatian Administration
ATTN: Investigations & Internal Security Branch
Fort Worth, TX 7b193-0710
The transmittal letter shall also iriclude a list af the names of contractar employees �d
their posi.tions for which completed forms were submitted. A copy of the transmitta�
lettex musf be forwarded to the contracting officer at the same time t11e original is
submitted to the SSE.
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(d} The contractor shall submit the information required by Section {e) of this Clause for
auy nerhr employee not listed in the C�n#ractor's initial fifteen (15) day submission who is
hixed into any position identified in Section �b} ofthis Claus�.
{e) Na contractar employee shall wark in a high, rnoderate, or low risk pasition unless the
SSE has received all forms n�cessary to conduct any required investigation and has
received authorization from the Contracting �fficer that the contractor employee may
begzn work. However, if tl�is provision is added by madification to an e�stii�g contract,
contractor employees pexforming in the pasitions listed abo�e �nay contii�ue ta worlc on
the contract pending: (1} the sttbmittal of all necessary forms within fifteen {15) days and
(2} approval o�the forms by the SSE. Tf ihere is any SSE condi�ians such as restricted
access to sensitive information ar facilities imposed by the S5E, they are lisied helow.
(CO, IF THE SSE �IPOSES NO CONDITIONS, STATE "NONE")
If the necessary fortns are n.ot submitted by the Cantractor to the SSE within fifteen {15)
days af tl�e modification, fihe contractor emplayee shall ba der�ied access ta FAA
facilities, sensitive informa#ion andlor resources t�ntil such time as the forms are
subm.xtted to the SSE and the Contracting O�'icer has authorized the contracior employee
to �tegin work.
(fl The Contractor shall submit monthly reports provid'uig the f�llovving i�lformaiion ta
the Cantracting Officer on ar before #he fifth day of each month: A complete listing by
full name in alphab�tical arder without the social security number of alr contractor
employees who had aceess to a�'AA facility, seilsitive informatian andlor resources
anytime duxing the report period.
{g) The Contractor shall notify the Contracting Off cer within one {1) day after any
contractar emplayee identified pursuant to Section (b) of this Clause zs terminated from
performance nn �he contract.
(I�) The Contracting Officer may alsa, after coordination with tlie SSE and otl�er securiiy
specialists, require contractar employees to subrtut any oth�r security in�ormation
(including additional fingerprinting) deemed reasonably necessary to protect the interasts
af the FAA. In this event, the Contractor shall provide, or cause eaeh of its employees io
provid� such securiiy informa#ion to the SSE Officer, and the sar�e ixansmittal letter
requirements af Section (c) of this Clause shall apply.
(i) Failure to submit information required by this clause witl�in the tinle required may be
determined b� thc Contracting O.ff'tcer a material breach of tlxe contract.
{j) If, subsequent to the effective date of this contract, the security classification o�
security requirements under this contract are �hanged by tl�e Govei7unent and if the
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changes cause an in.crease or decrease in security costs or otherwise af�'�ct any other term
ar condition of this cont�act, the contract shall �e subject to an equitable adjus#ment as if
the changes were direcied �nder the Changes clause of ihis cantract.
{k) T�ie contractor agrees to insert terms that conform substantiall� to the language of this
clause, including this paragraph (k) but excluding any reference ta tha Changes clause of
this contract, in aII s�xbcontracts under this contract #hat involve access and where the
exceptions under Chapter 4, paragraphs 403g, �4Q3i-1, and �409 of �AA Order 1500.72 do
not apply.
(End o�` Clause)
AGREED : ..
Federal Avintian Administratian
By: �� ��
Titl�;: CONTRACTING �FFICER
Date: JAN �S 1 ZpO�
City of Fort Warth, T�x� ,
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sy:
Title: ASS�S'�ANT CITY MANAGER
Date: i .
, A�'P�iDV�D AS TO FORN! .AND L�GALITY: �
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DA7E � REFERENG� NUMBER LQG NAM� PAGE
12/18/01 �_��g�� 55COSTS � ofi 1
sus,rECT APPROVAL OF MEMORA DUM OF AGREEMENT WIT THE FEDERAL AVIATION
ADMINISTRATION F�R REfMBURSEMENT OF COSTS ASSOCfATED WITH TH�
RELOCATION OF CERTAIN NAVIGATIONAL A{DS IN CONNECTION WITH THE
EXTENSION OF RUNWAYS 16L134R AND 16R134L AT FORT WORTH ALLIANCE
AI RPORT
RECOMMENDATION:
I# is recommended that ihe City Gouncil authorize the City Manager to execute a Memorandum ofi
Agreement with the Federal Av�ation Administratian (FAA) setting forth the terms of reimbursement of
costs associated with the reEocation of certain navigational aids in cannection vviih fh� extensian of
runways 16L134R and 16R/34L at Fort Worth AI[iance Airpart.
DISCUSS[ON:
On 5eptember 18, 2D01 {M&C G-1338D}, the City Council aufhorized the submiss�on of a grant
applica�ion in the amount a� $6,523,141 to ihe FAA for Phase II o� the Fort Worih Alliance Air�ort
Runway Extension Praject. The grant was r�cai�ed on Sep�ember 26, 2001.
The grant agreement project descriptiort includes reimb�rsement of costs incurred by the FAA for a
Navigational Aid (NAVAID) Study that includes an engineering plan for the FAA's facilifies. The
estimated cost of the study is $40,4a0, which will be paid to the FAA from a�iafian grant funds.
Reimbursement will be based an actual project costs incurred by the FAA.
FISCAL INFORMAT[ONICERTIFICATfON:
Th� �inance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
MG:k
Submitted fur City Manager's
or��ce ny:
Mikc Grooiner
Originating Deps�rtmen# Aead:
Lisa A. Pyles
Additioual In%rmation Contact:
Lisa A. Py[es
FUND I ACCOUNT I CENTER I AMOUNT I C1TY SECRETARY
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APPROVED 12/1$/01
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k� �s rc�o�r�menda� #l�a� ll�a �i�y �oun�il �u1�o�iz� [!�e �Et�+ [�+1art��er to e�c��ul� a M�rriorandu� of
; Agreemant wi�h tY�e �`e����l A�ri�tian Adrr�En�strat�orr ��AA) �ettir�g forth kl�� terr�� �� f�im�urse��rr# a#
co��s �sso�i�#ed vv�Et� lh� rel�caliot� of certain navlc�aii�naf aids ir� connection with #k�e �xt�nsi�r� of
r�1�w�y� 16Ll34R and 1�R134L at F�rr 1N�rt� �ali�nc� Ai�p�rt,
b�SCU�SI��l:
�n ��ptemb�� �I�� ���1 �iv�&� fi4'�338�}, the ��ty ���r�cil au#horl�e� fh� subrnission o� � �rant
�ppflc�tlon I� #4�e �rr�a�nt of $6,52�,`!4� to tE��e �'� far F'1���� II oF la�� �ort Wortl� �Ili�nc� �1ir�a�rl
R�nway Exker���ar� l�ro��ct, ihe gra�t was rec��ved o�� �e�t�mber �6, �00�,
�`I�� grant a�re��r�rrt pro�e�k de��rfpi�io�� i�cl�c��� re�rrrb�rsem�ni of costs ir�c�rre� b� the FAA far �
f�1�vG��tiorlal �1id (�IA�V�1li�� S#ud�r �hat i��l�des er� engin�eri�� p1�r� For tY�e FAA`s faclll�ie�, Tf�e
�sfin3ated cost of the skud� i� ��F�,4D�, w�ici� wil[ b� p�id to th� F�1A fram av�a�ior� gr�nt �unds.
Rei�l�urser�eni wil� be bascci �an �c�u�l �r�j��t c��ks i��urr�ed by tl�� �AA.
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��he Financ� €�irect�r c�riifres tl��� funds ar� �vaifa�ie in the ���rr�n! operatin� b�d��i, as �p�r�ptialed,
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MEMo
To: Hettie Lane
From: Teresa Ann Johnson, City 5ecre�ary's Office
Date: January 24, 2002
Subject: FAA
Attached are (4) Memos of Agreemenis, for Federal Aviation
Administration.
Signatures, except the above referenced contracting party, hav� b�en affixed.
Please obtain the necessary signature(s) and then return the copy stamped
"�fficial Recoxd City Secreiary For� Worth, TX," to the Qffice of the
City Se�retary for the assignment of a contract number. Thank you in
advance �ox your cooperation.
Tf you have any questions, please call me: Teresa Ann Johnson/Ext. 6153
' � 01-23-�2 P�2 :2� I PI SW-471 C,i�'Y ��������Y �]'j - ' .
�� ��TRACi Rs� . _ % �
DTFA07-02-Y-032b3
MEIVIORA�lTDUM OF AGREE11�El�T BETWEEN
FEDERAL AVIATYOl� ADMII�ISTRATY01� {FAA)
, �
CYTY OF F4RT WORTH, TEXAS
ARTICLE I. PARTIES
The parties to this Agre�ment are the Federal Aviation Adrninistration (FAA� and the
City of Fort Worth, Texas.
ARTICLE 2,. SCOPE
a. Purpose:
The City of Fort Worth plans to extend runways 16L134R, 16R134L and associated
Taxiways at Fort Warth Alliance Airport (AFW), Fart Worth, Texas, herei�aftar referred
to as the Project. The purpose nf this Agreement between the Federal Aviatior�
Administration {FAA) and the City of Fort Worth is to pz'epare an engineering plan, that
identifies an.d coordinates all of the FAA required site preparatian, integration,
instailation, and systenl transitions required ta support the Airport's Project.
b. Specific goals and objectives ta be accomplished:
The specific goal of this agreement is to support the Airport's plan to ex�end Runways
1bL/34R, 1,400 feet to the north and 16R/34L, 2,784 feet to 4he narth for total of 11,000
feet at�d extend assoczated taxiways. TI�e project will require the relocation of many FAA
systems and their associa�ed in€rastructure. The Projec# will impact the airport operation,
which wiil require risk management, cantingency planning and project managem�nt to
proteci the FAA.'s interests. The Airport's planned aetivities require the FAA to provide
Engineering Services {planning, coordination, electronic, civil and mechanical
engineering review)
c. 11�anagement of the proje�t:
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DTFA�7�02-Y-03263
d. Ro1es and responsihilities:
(1) The FAA wili perform, at the City of Fort Worth's expense, the
follav�+ing_
a. The FAA will develop an Engineering Plan for the FAA systems,
infrastrueture, and operations, in caordination with the City's Project.
b. The FAA will meet with the City as required, to caordinate anc� discuss
praject planning and engineering.
c. The FAA wi11 review and cornment on the City's pians and specifications
for the Project.
d. The FAA will idenkify, to the best of their ability, known infor�nation at
the time and all materials required accomplishing the�FAA portion of the
Pxoject. These items will be documented in a tabular list that identifies at
a minimum, �he descrip�ion, manufacture typelmodel ar part number,
quantity required, unit o�issus, and estimated costs.
e. The FAA will identify any special and uniqtie eomponents, material and
equipm�nt as required far the Proj ect.
(�} City of Fort Wor�h
a. The City of Fort Worth wil! piovide the �unds for tlie Project.
b. The City of Fart Worth will �ro�ide to �he FAA detailed infarmatian
{exhibits, diagrams, dra�vings, photographs, plans, elevations, caardinates
and heights) for all tlie propased, planned or related praj�cts in the airport.
c. The City ofFort Worth will pravide to the FAA, 4 sets each of draft
designs and specifica�ions for their caozdinatian and review. The City of
Fort Worth will provide a rnaximum of 15 warking days for the FAA ta
re�iew and cansolidate their corr�ments back to The City of Fort Wo�-th.
The City of Fort Worth will pro�ide to the FAA, written mitigation to each
bf #he FAA'S COT27II1�Ilf5� SiF�geS�lOriS, and/or requirements within 15
working days of FAA�S SU�3Iril55fOri Of COiIIIIl�ritS
d. The City of Fort Worth will provide the FAA any known changes in the
Projects plans ar specifications.
011� i/02
2
sw-�� i
nT�Ao�-o�-�-0�263
e. The City of Fart tiNorth is responsi.ble for facilitating, documenting, and
mitigating issues as identzfied by the FA.A. in. a timely manner,
Parties are bound by a duty of good faith and best effort in achieving the goals af the
Agreement
e. Cuntributions of the Parties:
Personnel and Summary Costs:
1 The following is the estimated costs for �'AA personnel, genera! supplies, and
travel, that will be incurred by the FAA for this project are as fallows:
{a) The table below includes the Estimated costs.
. � ., � � {� �n��a ��nrr� . -�
'�, � �1r:uci��i{_���,r'�1�:�:ii�€ti�.�:��;�;��� �#T�r��., ,`:��r�: .�:�P1��.�.� � T�;�fin�:#:�i�Cc��. i
C.i'vt! 1�'ig}t�er 1 �ll $ tiS.lX} � 6,�llU.i.A1
Nbchat�ic�V�lec�ri�all�gulealr�g 1 �!U � �S.U(] � 3,4(XI.U[l
N1�c�rmic ]�� 1 `l4U � ��.lJ(1 � `1U,4(][).E)[)
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'lec�ca! �xrt �attclr�ngileview 1 4U � �5,UU � 3,41X1.(JU
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( i�l, supply materlals atxi lr"dt�spatatirn � � . �E�.; �'" - � �� � � . ' ' i �� . i�` }� ` :
;� 4� ,i:,� �' ix }�:'�, ,�f�'�'� ,r�4'�'�
5P�'ViC�S �Cl'tile � �f p�tiil�lgi�1� -+i �i I��• F � ,:�" �� � �^: � � �_ '� � ��*. ; ,
. •f {� ' � :�'�i r�%;'
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�''j ��'�jt� T �' � ' .:_.,L�,'': �`'��{ '��. y':s.'� w ���.{�
alt�d ;`-:�s:�- x5' ;��,•.: , .. -�:�+%ti'1 �;,.,.t��i.��b 1�
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To� r�a�t� �
f, Type of Agreement:
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—. - � - —,
This Agreement is an "other transaction". It is not intended ta be, nar shall if be
construed as, a partnership, cotporation, or other b�siness organization.
01/'17102
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DTFA07-02-Y-03263
ARTYCLE 3. EFFECTYVE DATE and TEFtM
The effectiv� date of this Agreement is the date on which the FA.A ar fhe City af Fort
Warth, whichever is ]ater, signs i#. This Agreement shall continue in effect until the last
bill is paid ar un#il earlier terminated by the parties as pro�ided herein.
ARTICLE 4. MILE,�TONES
Nat required under this Memorandum of Agreement.
ARTICLE 5. REPORT7NG REQUIRElVIENTS
Not required under this Memorand�m of Agreement.
ARTICLE d. INTELLECTUAL PROPERTY
Not xequired under this Memarandwm of Agreement.
ARTICLE 7. LEGAL AUTHORITY
This Agreement is entered into under the authori�y of 49 U.S.C. I��(1) and {m}, which
authorizes agreernents and other transactians on such terms an.d conditions as the
Admizustrator determines ��cessary.
ART�CLE S. POINTS OF CONTACT
ANI Memorandum of A�rec�►cnt Coordination
Victoria Borrego
Fort Worth NAS Implementation Center, ANI-620
Phon� number: 817-222-4553
Emal�. Victoria.Borrego rr,FAA.GOV
Techn�ca� Coordination
Diep Ngo, ANI-680
Fart Worth NAS Implementation Cen#er, ANI-680
Phane Numher: S 17-222-4464
Email: Diep.Ngo(cr�FAA,GOV
0�117ID2 4
S W-471
DTFA07-42-Y-03263
City af Fart Worth POC
Mike Groomer
Assistant City Manager •
1000 Thorockmorton
Fort Worth, Texas 76102
Phone nurnber: 817-871-6I40
FAA Coz�tractin� Officer
Leslie Cuevas
Logistics Division, ASW-50
Federal Aviation Adminisrxation
Southwest Region Headquarters Building
Fort Warth, Texas 76193-0050
Phone: 817-222-�k341
Et11ai1: leslie.cuevas(cr�,Faa.gov
ARTXCLE 9. FUND�NG AND PAYMENT
a. The City of Fart Warth is responsib�e far the �chral expenses incurred an th.e Project,
which is estimated at ($ 40,40�.0�). The �AA will nat contribute any funds ta the
cost af performance under�this MOA. Obligation wi11 be chargeable to appropriation
code: 2/K82R.9182DH/2�471X/OOOXSA�331�cxx, w%ere xxxx is the object class and
OOQ is the CAF code.
b. Administrative avernead has been waived for this MOA.
c. The City Of Fort Worth wiIl reimbtirse the FAA in arrears for tlie actual proJeet costs
zncurr�d by the FAA, provided, however, that upan ravocation or terrninatior� af the
AGREEMENT for any cause, the City of Fort Warth will reimburse t4�e FAA for all
necessary liq�idating expens�s.
d. The FAA hereby identi�ies the FAA Accounting Di�ision, ASW-42, Fort Wnrth,
Texas, as #he billing office for this Agreement. The Ie�rel of detail included in the
billing will be that normally' provided by the �AA and available from FAA
accounting records. " � � �
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DTFA07-Q2-Y-03263
Bil�in� Off �e
DOT/FAA
Southwest Region Headquarters
Resource Mazaagem�nt Division, ASW-40
Attention: Ms. Dena McDani�l, ASW-42E5
F�rt Warth, Texas 7C193-0042
Phone number: 817�222-5488
FAX: 8 i 7-222-5953
Email: dena.a.mcdaniel(a7,faa.�ov
e. The City oi F�rt Worth here�y identifies the office to which fhe FA.A will render bi11s
far the actual cost incurred is as follows:
Tim Ward
President, Aliiance Air �ervices
2221 Alliance Blvd Suit� 100
Fort Worth, Texas 7�i177
1'hone number 817-890-1000
£ The amounts set forth in this AGREEMENT are estimates. If during the caurse of the
Agreement actua! costs are expected to exceed the estimated amaunt, the FAA will
notify fhe (Spansor), in writing, to gain w�ritten approval before proceeding.
g. Billings will be sent quarterly and are due �5 days from the billing date. Late
charges may be assessed on delinquent payrnents and will apply to the overdue
payment for each bill for ea�h 3D-day period or portion thereof that payment is
delayed as follows:
{1) The U.S. Treasury shall assess inter�st on the basic amount dua at th�
prevailing rate fixed.
(2) Penalties shall be assessed on the unpaid partion of basic charges and
averh�ad remaining mo:re than 90 days past due at the rate of 5 pepcent
per annum.
(3} Administrative charges shall be assessed whe�. the debt becomes
delinquent 45 days from �he billing date at a fix�d standard rate of $12
per naanth.
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DTFAQ7-q2-Y-03263
ARTICLE 10. LIMTTATiON OF FUNDS
Nat required under this Memorandum af Agreement.
ARTTCLE il, APPROVAL OF SUBC�NTRACTORS
Not required under this Memorandum nf Agreement.
ARTICLE 12. AUDITS
Not required under this Metnorandum of AgreEment.
ARTiCLE 13. CHANGES, MODT�`ICATIONS
Any changes to thzs Agreement shall be formalized by an appropriate written amendment
that shall outline in detail the exact nature of the change. Any amendment to this
Agreement sha11 be ex�cuted in wri�ing and signed by the authorized repres�ntativ� of
each party, It is the responsibility of each party to ensure the parties signing this
Agreement or any subsequent amendment to tl�is Agreement have autha�ity to da so.
ARTICLE 14. TERNIINATION
In addition fa any other ternunation rights provided by tius Agreement, either parky may
terminate this Agreement at any time prior to its expiration date, wit� ar withaut cause,
a�id without incur.ring any li�.bility or obligation to the ierrriinated party {other than
payment of amounts due and owing and performance af obligations accrued, in each case
on or prior to the termination date} by giving thc other party at least thirty (34) days prior
written notice of terminatian, Upon receipt o� a notice of termination, the r�ceiving party
shall ta�ce immediate steps to stop the accrual of any additional obligations, which might
raquire payment.
ARTTCLE 1�. ORDER OF PR:�CEDENCE
In the e�vent af any inconsistency between the terms af the Agreement, the inconszstency
shall be resolved by giving preference in the following order:
(a) The Agreement,
(b} T�e Attachments.
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DTFA07-02-Y-03263
ARTiCLE 16. CONSTRUCTION OF THE AGREEM�NT
This Agreeznent is an "other transaction" issued under 49 U.5.0 1 Q6 (1} and (m) is not a
procuremen� cantract, grant or cooperative agre�ment. Nothing in this Agreement shall
be construed as incarporating by reference or implication any provision of Federal
acquisition Iaw or regulation.
Each party ackz�owledgas that al� parties hereto participated equally in the negotiation and
drafting of this Agreement and any amendments thereto, and that, accordingly, this
Agreement shall not 6e construed more stringentIy against one party than agaiz�.st the
other.
ARTICLE Ii. DISPUT��
Where passible, disputes wi�l be resolved by informal discussion between th.e parties. If
the parties are unable to resolve any disagreement through good faith negotiations, eith�r
party may terzninate this Mernorandum Qf Agreement as set farth in Article I4
("Termination"}.
ART�CLE 18. WARRANT�ES
The FAA makes no express or implied wananties as to any matter arising under this
Agreement, or as to the o�mership, merchantability, or fitness for a partieular purpose of
any property, including any equipm�nt, de�ice, or software tl�at may be provided under
this Agreement.
ART�CLE 19. ZNSURANCE
N�t required under this iVlemorandum of Agreement/Understanding.
ARTICLE 20. LIlVUTATION QF LYABILITY
a. With regarc� ta any liability which may arise out of work under this agreement, each
party expressly agrees that it shall be soleiy and exclusively liable for the negligence
of its own agen#s, ser�vants, and/or employees and that n.eitl�er party laolcs to the ather
to save or hold harmless �'or the cansequences of any nagligence on the part of one of
its own agents, sertrants, an�/or employees. Neitk�er party is hereby waiving any
rights or protection it presently enjays by reason a� any applicable state ar federal
law.
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DTFA07-02-Y-03263
b. Excegt for damage to or destruction of FAA property caused by the FAA or any FAA
personnel, the City of Fort VVorth agrees to reimburse the FAA for any damage to or
destnzction of FAA property arising out of work under this Agreement.
ARTICLE 2x. LOWER TIER AGREEMENTS
Not required under this Memorandum of Agreement.
ARTICLE 22. CXVIL RIG�ITS ACT
The City of Fort Wortk� shall cornply with Title VI a�fihe Civil Rights Act of I964
relating to nondiscriminatian in federally assisted pxagrams and provide a certification to
that �:ffect.
ARTICLE 23. OFFICIALS NOT TO BENEFiT
AMS Ciause 3.2.5-1, "Offczals Not to Benefit" and Clause 3.2.5-7, "Disclosure
Regarding Payments to Influence Certain Federal Transactions" ara attached hereto and
incorporated by reference info this Agreement.
ARTICLE 24. PROTECTIDN �F INFORMA�YON
The parties agree that they shall take apprapriat� measures fo protect proprietary,
privileged, or otherwise confidential information that may corne into their possession as a
result o£ this Agreement.
ARTICLE 25. SECURITY
3.13-3 Contractar PersonneI Suitability Requiremenfs {JUNE 2001) (DEVIATION)
(a) This clause applies to the extent that this contract requir�s eontractor employees,
subcantractors, or consultants to have access to: FA.A: (1) faciliiies, (2) sensitive
in.format�on, and/or (3) resources xegardless of the location where such access occurs, and
none of the exceptions FAA Order 1600.72 chap#er 4, paragraphs 403 g, 403-i-1, and/or
409 pertain.
{�) Cansistent with FAA Order 160D. 72, the FAA Servicing SecL�rity Elerneiit (SSE} ha�
approved designated risk levels for the following positions und�r the contract:
Positian Risk Le�vel
ALL �OSITIONS LOW
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DTFA07-02-Y-03263
(c) Not later than fifteen {15) days after contract award (or date of rr�odification, if this
provision is included by modif cation to an existir�g contract), for each contractar
employee in a lisied position, pro�ided, no previous background in�estigation can be
supported as described helow, the contractor shall submit the follawing dac�mentation to
the Servicing Security Elements {SSE) for an emplayment suitability deterr�ination.
-5tandard Form (SF) $SP, Questionnaire for Pub�ic Trust Positians, revised 5eptember
1995. The SF'-$5P sha11 be completed {all questions ansurered) in accordance with the
instruction sheet.
-C}ne single sheet fingerprint card (FD-2S8). The FAA SSE �rill provide informatian
pertaining to t�e location of fin�erprinting facilities. All fingerprint cards shall be written
in ink or typevwritten �vit� all answerable question blocks completed, '
and shall be signed and dated within the 60 day period preceding f�e submission.
The type of investigation condticted will be detcrmined by the positian. risk level
designation far aIl dufies, fitncfians, and/or tasks performed and�shall serve as the basis
for grantfng a favarabie emgioyment suitability autborization as described in FAA �rder
1.60�.72. Ii an employee has had a previaus �o�ernment-directed background
investigafian completed by a Federal Government en�ity, which meets the requirements
af Chapter 4 of FAA Order � 60D.72, ii wi11 be accepted by FAA. However, the FAA
reser�es the right to conduct �urther investigations, if neeessary. For eacl} contractor
employee for which a previous bac�Cground investigation was completed, the Contractar
shall provide in writing to the SSE in a sealed envelop the name, date of birth, place of
birth, and social security number of the employee, the name of the investigation entity,
type of background investigation conducted, and approximate date the previous
background investigation was campleted. The Con.tractox sha11 submit the
req�ired inforrnation in a sealed en�elape with a transmittal letter referencing the conttact
number and this request to:
Department of Transportation
Fed�ral Aviation Administration
ATT`N: Investigations & Tnt�rna! Securi�y Brarxch
Fort Worth, TX 76193-D710
The transmittal letter shall also include a list of the names of contractor employees and
thei� positions for which completed forms were submitted. A copy of the transmittal
letter must be forwarded to the contracting officer at the same time the original is
submitted ta the SSE.
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DTFA07-02-Y-Q3263
(d} The eantractor shall submit tl�e information required by Section (c} of this Clause for
any new emp�oyee not listed in the Contractor's initial fifteen { 1 S} day submission who is
hired into any position identified in Section (b) of this Clause.
(e) No contractar employee shail work in a high, rnoderate, or low risk posi#ion unless the
SSE has received alI forms necessary ta cond�ct any required in�estigation and has
recc;ived authorization from the Contracting �fficer that the contractor employee may
begin work. However, if this provision is added by modification to an existing contract,
contractor employees performing in the pasitions lrsted above may continue to work on
the contract pending: (1} the submittal of al� necessary �arms within fifteen (15) days and
(2) appraval af the forms by th�e SSE. If thare is any SSE canditions such as res�ricted ,
access to sensitive informa#ion or facilities imposed by the SSE, they are Iisted below.
(CO, IF THE SSE TMPOSES NO CONDITIONS, STATE "NONE")
If the necessary forms are not submitted by the Contractor to the SSE within f fteen (I 5)
days of the modification, the contractor employee shall be dezued access to FAA
facilities, sensi#ive information an.dlor resources until s�ich time as the forms are
submitted to the SSE and the Contracting Officer has authorizec� th� coiltractor employee
to begin work.
{� The Contraetor shall subrnit mon#hly reports providing the fallowing information to
the Contracting Officer on or before the fifth day of each monih: A compl�te listing by
fiill name in alphabetical order without the social security number of all contractor
employees wha had access ta a FAA iacility, seansitive information aa�d/ar �esaurces
anytime during tl�e repart period.
{g} The Contractor shall natify the Contracting Officer witlxin one (I) day after any
contractor employee identified pursuant to Section (b) of this Clat�se is terminated from
performance on th� contract.
(�} The Contracting Officer may a1so, after coordinatian �+ith the SSE and other security
specialists, require contractar employees to sub�►it any ather security information
(i�cl�ding additionai fingerprinting) deemed reasnnably necessary to protect the interests
of the FA.A. In this event, the Cantractor shall pravide, or cause each of its employees to
pravide such security ir�forrnati�n to the SSE Officer, and the same iransmittal letter
requirements �f Section (c} of this Clause shall apply.
(i) Failure to submit infarmation required by fhis clause within the time required may be
determined by the Contrac#ing Officer a material breach of the contract.
(j} If, subsequent to the effective date of this contract, the security classification or
security requirements under this contract are changed by the Government and if the
011171�2 � 11
SW-471
DTFA47-02-Y-03263
changes cause an increase or decrease in security casts or otI�erwase affect any other term
or conditian af this contract, the contract sha�l Ue subject to an equitable adjustment as if
the changes were directed under the Changes clause of this contract.
(k) The contractor agrees to insert terms that conform substantiall� to the language of this
clause, inctuding this paragraph (k) but excluding any reference to th� Changes clause of
this contract, in al1 snbcontracts under this contract that invalve access and where the
exceptions under Chapter �k, paragraphs 403g, 4�3i-1, and 409 of FAA Order 1600.72 do
not apply.
{End of Ciause)
AGREED:
Federal Aviation Administration
By:
Titie: GONTRACTING OFF�CER
Date:
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Contzact Authoriza�ian
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pate
City of Fort Warth, x
By: `
Title: ASSTSxANT CZTY MANAGER
Date: �� a 3 l o�`
A�PROVED AS TO FDftt� AND LEGALITY:
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Ass�:stant C� t.y �ta - J�1 D I
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