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HomeMy WebLinkAboutContract 60702City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, Texas 76102 Telephone: (817) 392-8018 Email: Dana.Burghdoff@fortworthtexas.gov Dear Dana Burghdoff, CSC No. 60702 Per Article 9 Reimbursement and Accounting Arrangements within the Reimbursable Agreement AJW-FN-CSA-15-2178, the Federal Aviation Administration has compiled all costs incurred during the execution of the Agreement as detailed below. The total costs incurred are less than the total agreement by the amount indicated. Since all work has been completed, it is understood that you wish to transfer the remaining funds from this Agreement to Reimbursable Agreement AJW-FN-CSA-24-SW-006244. By signing this document, you are agreeing to the transfer of funds from Agreement JW-FN-CSA-15-2178 to Agreement AJW-FN-CSA-24-SW-006244. Once transferred, these funds will maintain the same fund limitations and properties. Agreement funds being Transferred FROM: Agreement funds being Transferred TO: Funds Transferred from AJW-FN­ CSA-15-2178 Revised A reement Amount $1,668,225.54 $1,441,005.54 $227,220.00 $227,220.00 Please submit a signed copy of this letter to Bradley K. Logan who can be reached at (817) 222- 4395 or via email at brad.logan@faa.gov within 30 days. Feel free to contact Robert Kachinski, Lead Planner and liaison who can be reached at (817) 222-4883 or via email at Robert.Kachinski@faa.gov with any questions regarding this matter. FEDERAL A VIA TI ON ADMINISTRATION Name 8!(AOLJ;: y k. t.oc;A� Title Ell/-/ c OAI r,e..4.:. rJft! <:; tJ FrJc£fl._ Office �y?o Signature ---------- Date -:T.,4,,., Ct ,1 � Y s:; :lo -< f CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Jan 4, 2024 Agreement Number AJW-FN-CSA-24-SW-006244 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION /�►117 CITY OF FORT WORTH PEROT FIELD/FORT WORTH ALLIANCE AIRPORT FORT WORTH, TEXAS WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the City of Fort Worth (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; 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. ARTICLE 2. Type of Agreement 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 conclude construction/installation activities in the Sponsor's extension of RWYs 16L and 16R project impacting FAA NAS facilities including NAVAIDs, Communications, and Weather facilities, FAA cabling and infrastructure. FAA support may be affected by government shutdowns, pandemics, natural disasters or other items outside of FAA control. FAA engineer and technician onsite support will be coordinated in advance and scheduled in accordance with FAA travel restrictions. Therefare, this Agreement is titled: Perot Field Fort Worth-Alliance, Texas (AFW) — Conclude closeout activities on the RWY 16R and 16L extensions project. � - `� �., ��- Non-Federal Reimbursable Agreement V94 Page 1 of 9 Agreement Number AJ W-FN-C SA-24-S W-006244 B. The FAA will perform the following activities: Execute the following activities for the listed FAA facility(ies) and geographic area(s): a. Modify Fiber Optics Transmission System (FOTS) installation drawings to meet as-built conditions. Red-lines will be professionally drafted and checked to meet FAA standards, and record drawings will be provided to the SSC. b. Verify that sufficient spare FOTS system parts have been provided. If additional parts are required, order such parts and deliver to SSC for long- term maintenance. 2. Modify NAVAID installation drawings to meet as-built conditions. Red-lines will be professionally drafted and checked to meet FAA standards, and record drawings will be provided to the SSC. Perform disposition of removed equipment and capitalization of new assets. C. The Sponsor will perform the following activities: 1. Facilitate, document, and mitigate issues identified by the FAA in a timely manner in an effort to align with scheduling of FAA ar its contracted onsite presence. 2. Provide copies of all critical shop drawings, as required. 3. Provide all appropriate documentation on make/model numbers and manuals on all systems installed as required. 4. For any items corrected by the Sponsor's contractor, the Sponsor will be responsible for payment to the contractor. 5. For any items completed by the FAA, the Sponsor will pay the FAA in advance. 6. Provide the FAA unencumbered access to all site areas impacting FAA facilities. 7. Ensure that no other activities or projects at the Airport, scheduled or otherwise, interfere with the FAA's acceptance testing or other scheduled activities. 8. Participate in any and all Contractor Acceptance Inspection(s) (CAI) and Joint Acceptance Inspections (JAI) of all FAA impacted facilities at the end of construction for the purpose of identifying any deficiencies or corrections required, otherwise noted as exceptions. The FAA will conduct a JAI prior to the commissioning and return-to-service of any FAA system. Exceptions noted will be remedied by the Sponsor no later than 60 calendar days after the CAUJAL If exceptions are not corrected within 60 calendar days of the CAUJAI, the FAA will clear the remaining exceptions and charge the cost to the Sponsor through the reimbursable agreement. All exceptions must be cleared or otherwise resolved before the agreement can be closed out. 9. Provide the FAA three (3) sets of ANSI size "D" of "As-Built" drawings of the construction phase in hard copy format and one set in electronic file, using AutoCAD format. The electronic file shall include all the accompanying library Non-Federal Reimbursable Agreement V94 Page 2 of 9 Agreement Number AJW-FN-CSA-24-SW-006244 files needed to generate a complete set of drawings. If the Sponsor does not provide the "As-Built" drawings within 60 calendar days of completion of the project, as required by this Agreement, the FAA will complete the "As-Built" drawings and bill the Sponsor. The As-Built drawings must show what was actually built, not just the proposed construction. D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes [] No. If Yes, the grant date is: 7/15/15 and the grant number is: 3-48-0296-055- 2015. If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available. ARTICLE 4. Points of Contact A. FAA: The FAA Central Service Area, Planning and Requirements will provide administrative oversight of this Agreement. Robert Kachinski is the Lead Planner and liaison with the Sponsar and can be reached at (817) 222-4883 or via email at Robert.Kachinski@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. The FAA Central Service Area, NAVAIDs and Communications Engineering Centers will perform the scope of work included in this Agreement. The NAVAIDs and Communications Centers Managers are the Technical liaisons with the Sponsor and can be reached at the phone numbers or via the emails listed below. These liaisons are not authorized to make any commitment, ar otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this A�reement. FAA NAVAIDs Engineering Center, AJW-2C 14C ATTN: Aaron Escalante, Engineering Manager 10101 Hillwood Parkway Fort Worth, TX 76244 Phone: (817) 222-5575 Email: Aaron.Escalante@faa.gov FAA Communications Engineering Center, AJW-2C13B ATTN: Thecla Koffah, Engineering Manager 10101 Hillwood Parkway Fort Worth, TX 76244 Phone: (817) 222-4644 Email: Thecla.Koffah@faa.gov 3. FAA Contracting Officer: The execution, amendment, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Non-Federal Reimbursable Agreement V94 Page 3 of 9 Agreement Number AJ W-FN-C S A-24-S W-006244 Bradley K. Logan who can be reached at (817) 222-4395 or via email at brad.logan@faa.gov. B. Sponsor: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, Texas 76102 Telephone: (817) 392-8018 Email: Dana.Burghdoff@fortworthtexas.gov ARTICLE 5. Non-Interference 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 term 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 modifcations are necessitated due to causes not attributable to either the Sponsor or the FAA, the partics will determine funding responsibility. ARTICLE 6. Property Transfer A. To the extent that the Sponsor provides any material associated with the Project, and to the extent that performance of the requirements of this Project results in the creation of assets constructed, emplaced, or installed by the Sponsor, all such material (buildings, equipment, systems, components, cable enclosures, etc.) and assets will be transferred to and become the property of the FAA upon project completion. For purposes of this Article 6, "project completion" means that FAA has inspected the specific equipment or construction, and has accepted it as substantially complete and ready for use. The creation of an additional agreement will not be required, unless such other agreement is required by the laws of the state in which the subject property is located. The Sponsor and FAA acknowledge by execution of this agreement the FAA will accept the fundamental responsibilities of ownership by assuming all operations and maintenance requirements for all property transferred to the FAA. The transfer of asset(s) will occur on the date the asset(s) is placed in service. It has been determined the subject transfer(s) to FAA is in the best interest of both the Sponsor and FAA. B. In order to ensure that the assets and materials subject to this Article remain fully accounted-for and operational, the Sponsor will provide the FAA any additional documents and publications that will enhance the FAA's ability to manage, maintain and track the assets being transferred. Examples may include, but are not limited to, operator manuals, maintenance publications, warranties, inspection reports, etc. Non-Federal Reimbursable Agreement V94 Page 4 of 9 Agreement Number AJ W-FN-C SA-24-S W-006244 These documents will be considered required hand-off items upon Project completion. ARTICLE 7. Estimated Costs There are no added costs associated with this Reimbursable Agreement. DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor Engineering- NAV $4,994.40 Engineering- COMM $9,988.80 Labor Subtotal $14,983.20 Labor Overhead $2,978.66 Total Labor $17,961.86 Non-Labor Drafting- NAV $143,757.54 Drafting- COMM $50,000.00 Non-Labor Subtotal $193,757.54 Non-Labor Overhead $15,500.60 Total Non-Labor $209,258.14 TOTAL ESTIMATED COST $227,220.00 Via separate letter and process, thc FAA is transferring thc rcmaining funds of $227,220.00 from the expired Reimbursable Agreement AJW-FN-CSA-15-2178 - "Provide Construction Support for the Relocation of Navigational Aids and Other FAA Equipment Due to Extension of Runways 16L/34R and 16R/34L at Fort Worth Alliance Airport, Fort Worth, Texas." Thus, no additional funding is required from the Sponsar for this scope as outlined in Article 3. ARTICLE 8. Period of Agreement and Effective Date 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 of this Agreement. This AgreemEnt will not extend more than 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 submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team 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 Non-Federal Reimbursable Agreement V94 Page 5 of 9 Agreement Number AJW-FN-CSA-24-SW-006244 FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S. Treasury guidelines, refitnds under $1.00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than $1.00. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of thc Agreement. C. The Reimbursable Receipts team is identified by the FAA as the billing offce far this Agreement. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt- processing time is typically within 3 working days. Alternatively, tbe sponsar can mail the payment to the address shown below. When submitting funding by mail, the Sponsor must include a copy of the executed Agreement and the full advance payment. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt-processing delay of up to 10 working days. FAA payment remittance address using USPS or overnight method is: Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave S.W. Attn: Rm 612A Washington D.C. 20591 Telephone: (202) 267-1307 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Fort Worth Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street Fort Worth, Texas 76102 Telephone: (817) 392-8018 Email: Dana.Burghdoff@fortworthtexas.gov D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment. E. The cost estimates contained in Article 7 are expected to bc the maximum costs associated with this Agreement, but may be amended to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Non-Federal Reimbursable Agreement V94 Page 6 of 9 Agreement Number AJW-FN-CSA-24-SW-006244 Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Amendments Changes and/ar amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this AgreEment will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authoriry to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. 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 obligaiion 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 Agreemcnt; 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 ar bill will be issued. ARTICLE l2. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments Non-Federal Reimbursable Agreement V94 Page 7 of 9 Agreement Number AJ W-FN-C SA-24-S W-006244 ARTICLE 13. Legal Authority This Agreement is entered into under one or more of the following authorities: 49 U.S.C. § 106(1), 31 U.S. Code 6505 Intergovernmental Cooperation Act. Under these authorities, the Administrator of the FAA is authorized to enter into and perform such contracts, leases, cooperative agreements and other transactions as necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator considers 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 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 itsclf 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 ar 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 ihe 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 far any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third pariy acting on its Non-Federal Reimbursable Agreement V94 Page 8 of 9 Agreement Number AJW-FN-CSA-24-SW-006244 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 .14.2.1, Contractor Personnel Suitability Requirements 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 amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments 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. Additionally, the FAA expects this agreement to be funded within 120 days of execution, if funding is not received by that date; the FAA may exercise the right to renegotiate estimated costs. AGREED: FEDERAL AVIATION ADMINISTRATION SIGNATURE �--­ NAME /.f£AOt./"y TITLE Contracting Officer DATE �A;vt,,1,<y o, Zv Zf Non-Federal Reimbursable Agreement V94 CITY OF FORT WORTH NAME __ D_an_a_B_ur�g�h_d_of_f __ TITLE Assistant City Manager DATE Jan 4, 2024 Page 9 of 9 APPROVAL RECOMMENDED:ATTEST: Aviation City Secretary Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. FORTWORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: AFW Runway Extension Project Reimbursement Agreement �_�� ��� :��: DOC# DATE: 1/3/2024 INITIALS DATE OUT TO: 1. Ro er Venables F,, Jan 3, 2024 2. Ro ce Hansen T,�- Jan 3, 2024 3. Dana Bur hdoff �- Jan 4, 2024 oe 4. Jannette Goodall -��� Jan 5, 2024 JS 5. 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑X No RUSH: � Yes ❑ No SAME DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑ Yes � No Action Required: ❑ As Requested ❑ For Your Information 1 Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑ Yes ❑ No ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Tyler Dale at ext. 5416 for pick up when completed. Thank you.