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HomeMy WebLinkAbout065438 - Construction-Related - Contract - Federal Aviation Administration (FAA)CSC No. 65438 Agreement Number AJW-FN-CSA-25-SW-007385 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF FORT WORTH FORT WORTH MEACHAM INTERNATIONAL 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; WHEREAS, the FAA has determined that this project is construction or alteration at an airport as to which notice is required under section 77.9 of title 14, Code Federal Regulations. NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties I OFFICIAL RECORD The Parties to this Agreement are the FAA and the City of Fort Worth. CITY SECRETARY FT. WORTH, TX 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 provide support for the Sponsor's project to rehabilitate Runway 16-34 and make improvements to the associated runway safety area (RSA) impacting FAA National Airspace System facilities including Instrument Landing System (ILS), Medium Intensity Approach Lighting System (MALS), MALS with Runway Alignment Indicator Lights (MALSR), Runway Visual Range (RVR) components, Precision Approach Path Indicator (PAPI), FAA cabling and infrastructure. Non -Federal Reimbursable Agreement V98 Page 1 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 B. This Agreement provides funding for the FAA to perform site visit(s) and complete design/engineering reviews required to maintain or establish these services. For construction/installation support, the FAA and Sponsor will either amend this agreement or enter into a new agreement to include any project support needed from FAA. This Agreement is titled: Fort Worth, TX (FT99 — Runway 16-34 Rehabilitation and Runway Safety Area Improvements impacting FAA Navigational Aids (NAVAIDS), Cabling and Infrastructure at Fort Worth Meacham International Airport. FAA support may be affected by government shutdowns, pandemics, natural disasters or other items outside of FAA control. No construction work shall be performed involving FAA facilities, systems, and equipment until the design plans and specifications have received final approval from the FAA. C. The FAA will perform the following activities: 1. The FAA will perform Preliminary Design planning activities. This includes technical consultation, site visits, feasibility assessments, project planning, scope definition, development of cost estimate(s), and travel in support of the reimbursable agreement program management. 2. Provide the Sponsor with any requirements and/or recommendations related to FAA facilities impacted by the Sponsor's project. 3. Provide technical assistance necessary to ensure that the Sponsor's project meets FAA rules, regulations, orders, requirements, and standards. 4. Provide standard design layout for new facilities to include footprint for relocated or new equipment, grounding plates, cable trays, lighting fixtures, and power raceways. 5. Provide FAA standard drawings, specifications, and directives for use by the Sponsor in execution of the project. 6. Meet with the Sponsor as required to coordinate and discuss project planning and engineering. 7. Coordinate with the Sponsor to ensure that National Environmental Policy Act (NEPA) documentation for the project incorporates associated FAA actions. Also ensure NEPA documentation meets FAA requirements and approvals. 8. Complete HazMat surveys for all applicable FAA facilities on the Airport and provide information to the Airport Sponsor for use in preparing plans for removal of the FAA facilities. This work will be conducted prior to demolition of the applicable FAA facilities. 9. Complete environmental due diligence for FAA F&E facilities that are associated with this project. . 10. Develop disposal plan for excessing FAA equipment impacted by Sponsor's project. The specifics of the disposal plan will be included in a future agreement. 11. Perform engineering design reviews of the Sponsor's design plans and specifications in support of the Sponsor's construction project that affects FAA Non -Federal Reimbursable Agreement V98 Page 2 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 systems or equipment. 12. The FAA will provide comments to the 60%, 90% and 100% design plans and specifications packages, as provided for in D.11 and D.12 below. The Sponsor's design plans and specifications are not final until the FAA has notified the Sponsor that all the FAA's comments, suggestions, and/or requirements have been incorporated into the design plans and specifications. a) 60% and 100% design review comments will be provided within 21 calendar days of receipt of design plans and specifications package. b) 90% design plans and specifications comments will be provided within 60 calendar days of receipt of design plans and specifications package. 13. With funds provided by the Sponsor the FAA will obtain equipment shelters for Runway 16-34 NAVAIDS facilities with associated electronics equipment installed. 14. The FAA shall make reasonable efforts to perform under this agreement in a cost- effective manner, consistent with the estimated costs in this Article 7, Public Law 114-307, the FAA Financial Manual, and the FAA Acquisition Management System, as applicable. D. The Sponsor will perform the following activities: 1. Provide sufficient funding to cover costs associated with the applicable phase of this agreement no later than 30 calendar days prior to commencement or sufficient lead time to support contractingactivities, whichever is greater. 2. Provide a full set of plans, including scaled electronic drawings, showing the proposed work. 3. Provide a full schedule for the work to be accomplished, including construction activities related to FAA facilities and equipment. 4. Incorporate requirements and recommendations made by the FAA into the Plans and Specifications impacting FAA -owned systems. 5. Provide survey information and/or documentation to verify the clearance of critical areas and obstruction surfaces relating to FAA facilities. Airspace cases can be submitted online via hM?s:Hoeaaa.faa.gov. 6. Provide funding for fully outfitted shelters for the Runway 16-34 NAVAIDS facilities electronic equipment. 7. Provide the FAA with access to the project site, including any airport - specific security briefs or driving requirements, for the purposes of site surveys, construction inspection, and other activities. 8. Support FAA Engineering Services availability by not seeking engineering design review support before this Agreement is funded. Should the Sponsor decide to accelerate the schedule ahead of agreed dates, Technical Operations technicians and engineers may not be available to support. Should the Sponsor proceed without FAA review and approval, the Sponsor Non -Federal Reimbursable Agreement V98 Page 3 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 assumes the risk that could lead to the loss of one or more NAVAIDS. 9. Perform all appropriate surveys and engineering design for the Sponsor's project impacting FAA facilities, equipment, and infrastructure. 10. Develop the design plans and specifications for the construction of the Sponsor's project and required space for FAA equipment, with FAA's participation and approval. The Sponsor shall coordinate any interruptions or changes that may have an impact to FAA facilities, systems, and equipment necessitated by the Sponsor's project. Scope of work includes but is not limited to: siting of the facilities; all plot site preparation work (e.g., siting, trenching, grading, filing, foundations, power) in establishing new facilities, shelters and supporting infrastructure. 11. Provide the FAA copies of the proposed grading plan that the Sponsor and/or its consultants and/or contractors have prepared that shows the contours and site - grading profile information and all critical areas for communication, navigation, surveillance, and weather systems, for use during facility siting evaluation. Once the FAA has approved the siting of facilities in accordance with FAA siting criteria and specifications, the Sponsor will provide the FAA with copies of its finished grading plans 18 months prior to the expected return to service of final locations. 12. Provide a schedule of engineering deliverables for 60%, 90%, and 100% design plan and specifications submissions. No work may begin that affects FAA facilities until the design plans and specifications have received final approval from the FAA. 13. Provide to the FAA in hard -copy format four (2) sets of I V x 17", ('/2 size), and two (2) full American National Standards Institute (ANSI) size "D" and one (1) electronic copy using AutoCAD with all reference files of the complete and finalized Plans and Specifications for the FAA's coordination and review at the agreed -upon design phases. Within 21 calendar 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 NAVAIDs Engineering Center with a written response to each of the FAA's comments, suggestions, and requirements. The 100% Plans and Specifications are not final until the FAA NAVAIDs Engineering Center has notified the Sponsor that all of the FAA's comments, suggestions, and requirements have been incorporated into the Plans and Specifications. 14. Provide to the FAA final project Plans and Specifications that incorporates the FAA's comments from the 100% engineering review no later than 21 calendar days after FAA approval of the 100% Plans and Specifications. The complete/finalized project Plans and Specifications shall be sent to the Engineering Services address listed in this section. 15. Provide funding for any mandatory upgrades or modifications to any FAA facility or equipment impacted by the Sponsor's project. An example of a required modification is safety -related improvements when a facility is "grandfathered" (i.e., allowed to operate under the original design but required Non -Federal Reimbursable Agreement V98 Page 4 of 13 Agreement Number AJ W-FN-C SA-25-S W-0073 85 to be compliant with current standards). 16. Coordinate the Sponsor's schedule and construction sequencing plan with the FAA NAVAIDs Engineering Center before finalizing the plan to ensure that the Sponsor and FAA are in agreement on the critical path, schedule, and milestones. This should be done during the project design phase, before construction contract award. In addition, provide a copy of the Sponsor's schedule within 30 calendar days of the effective date of this Agreement, and updated monthly (or as soon as changes occur), including the following tasks: a. Construction bid b. Construction award c. Construction start d. Construction complete e. Overall construction schedule, to include FAA facilities f. Dates when FAA assumes ownership for work on buried infrastructure g. Each NAVAIDS shelter's Beneficial Occupancy Date (BOD) including when electrical power will be available h. Dates when flight checks of each FAA -owned NAVAIDS are required i. Date when ILS critical areas and image forming areas will be graded to within 3" of final grade. 17. Complete the contract, construction bid, and award process for the construction phase of the project using approved FAA Plans and Specifications for FAA impacted facilities. The project's scope of work will include but not be limited to all plot site preparation work (e.g., trenching, grading, filling, foundations, demolition) and the installation of all necessary equipment and associated infrastructure. Sponsor will not bid the portion of work that includes the FAA equipment and cabling until the FAA has agreed that all of the Plans and Specifications are final. 18. No construction associated with this project that affect FAA facilities or equipment may begin prior to receipt of the foregoing FAA design approval, as described in paragraph C.13 above. Furthermore, the Sponsor shall advise the FAA immediately of any proposed changes to the "approved" Plans and Specifications before and during the project's construction. Before starting any construction, provide four (4) full size sets of the construction package to: FAA Navigation Engineering Center, AJW-2C14 ATTN: Richard Bellows, Engineering Manager 10101 Hillwood Parkway Fort Worth, TX 76177 Phone: (817) 222-4085 Email: Richard.Bellows@faa.gov 19. Provide copies of any information that the Sponsor and/or its contractor and/or Non -Federal Reimbursable Agreement V98 Page 5 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 consultants have prepared on hazardous materials or other environmental conditions that may impact the FAA relocated facilities. This information includes, but is not limited to, previous and current studies/reports conducted on known or suspected areas of environmental contamination located on or adjacent to airport property. The Sponsor agrees to remediate, at its sole cost, all hazardous substance contamination found to impact the proposed FAA facility sites prior to construction and modification to the land rights MOA. In the event that contaminants are discovered on future FAA equipment areas during the course of the FAA's environmental due diligence documentation process, the FAA will require that those areas be remediated. Should this occur, the FAA would coordinate further details with the Sponsor. 20. Complete the NEPA documentation, according to FAA Order 1050.1.(series) and coordinate with the FAA for comments/guidance to ensure FAA facilities are included. 21. Submit FAA Form 6000-26 Airport Sponsor Strategic Event Submission Form (Outage Request Form) no -less -than 45 calendar days prior to the start of construction that will impact NAS facilities, result in a full or partial runway closure, or result in a significant taxiway closure. This form is available at bZs:Hoeaaa.faa.gov under the Forms section on the left pane. This form may also be used to notify the FAA of any changes to the project schedule. 22. Provide a copy of the submitted FAA Form 6000-26 to the NAVAIDS Engineering Center. 23. Sponsor shall work with the FAA Airports Region/District Office and submit non-rulemaking airport (NRA) or non-rulemaking (NR) airspace cases for temporary and permanent locations of all buildings and equipment to be placed on the airfield as well as required Airspace cases showing information regarding construction vehicles and equipment during each phase of the project to include all trenching operation locations, truck routes, contractor staging areas, cranes, etc. Sponsor shall respond to all NRA case reviewer questions and comply with all reviewer comments. A "determination letter" must be received and reviewed by the FAA ADO before any construction can begin. Airspace cases can be submitted online via hgps:Hoeaaa.faa.gov. ARTICLE 4. Points of Contact A. FAA: The FAA Central Service Area, Planning and Requirements will provide administrative oversight of this Agreement. David Hafer is the Lead Planner and liaison with the Sponsor and can be reached at 817-222-4875 or via email at David.W.Hafer@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. Non -Federal Reimbursable Agreement V98 Page 6 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 2. The FAA Central Service Area, NAVAIDs Engineering Center will perform the scope of work included in this Agreement. Richard Bellows is the NAVAIDs Engineering Center Manager and liaison with the Sponsor and can be reached at 817-222-4085 or via email at Richard.Bellows@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. 3. The execution, amendment, and administration of this Agreement must be authorized and accomplished by the FAA's Contracting Officer, 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: Valerie Washington 100 Fort Worth Trail Fort Worth, TX 76102 817-392-6192 valerie.washington@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 modifications are necessitated due to causes not attributable to either the Sponsor or the FAA, the parties 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 Non -Federal Reimbursable Agreement V98 Page 7 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 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. These documents will be considered required hand-off items upon Project completion. ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor Engineering Support $52,116.80 Environmental Support $13,610.00 Labor Subtotal $65,726.80 Labor Overhead $13,066.49 Total Labor $78,793.29 Non -Labor Travel $145.00 Environmental HAZMAT Surveys and Testing $30,000.00 NAVAIDS Equipment Shelters 3 ea. $480,000.00 Non -Labor Subtotal $510,145.00 Non -Labor Overhead $40,811.60 Total Non -Labor $550,956.60 TOTAL ESTIMATED COST $629,749.89 Non -Federal Reimbursable Agreement V98 Page 8 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 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 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, except as described in section D of this Article. Per U.S. Treasury guidelines, refunds 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 the Agreement. C. The Reimbursable Receipts team is identified by the FAA as the billing office for 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, the sponsor 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 is: DOT/FAA/ESC P.O. Box 25770 AMK-322 — MPB 328 Oklahoma City, OK 73125 FAA payment remittance address using Fed Ex (overnight) is: DOT/FAA/ESC AMK-322 — MPB328 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 Non -Federal Reimbursable Agreement V98 Page 9 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Fort Worth Aviation Department Attn: Christy Medina 201 American Concourse, Suite 330 Fort Worth, TX 76106 aviaccounting_nfortworthtexas. gov D. The FAA will accept payments under this Article from only one of two sources: either (1) the Sponsor or (2) a Third Party on behalf of the Sponsor, and the same source must make all required payments. If a Third Party makes the payments, then any refund due from FAA upon completion of the Agreement will be returned to that Third Party. E. The FAA will provide the Sponsor a quarterly Statement of Account of costs incurred against the advance payment. F. The cost estimates contained in Article 7 are expected to be 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 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/or 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 authority 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 parry may terminate this Agreement at any time prior to its expiration date, with or without cause, Non -Federal Reimbursable Agreement V98 Page 10 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 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 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 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.C. § 6505, Public Law 114-307, 130 Stat 1523, Dec. 16, 2016. 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. Non -Federal Reimbursable Agreement V98 Page 11 of 13 Agreement Number AJW-FN-CSA-25-SW-007385 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 1600.1F 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 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 Non -Federal Reimbursable Agreement V98 Page 12 of 13 Agreement Number AJ W-FN-CSA-25-SW-007385 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 CITY OF FORT WORTH SIGNATURE SIGNATURE Viderie Washington 24,202613:23:20CDT) NAME Bradley K. Logan TITLE Contracting Officer DATE la y ao a APPROVAL RECOMMENDED: Roger M. Venables Aviation Systems Director NAME Valerie Washington TITLE Assistant City Manager DATE 06/24/2026 ATTEST: on PoF Foni!y°a a= pda v°P�� ago pvo 0=0 �p ApQ*e o*p Jannette S. Goodall 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. Tyler +Dale t�n24, 202610:20A4 CDT) Tyler Dale Capital Projects Manager Approved as to Form and Legality OFFICIAL RECORD Gwace TaAGraYa CITY SECRETARY Candace Pagli�n 24, 20261324:07 CDT) Candace Pagliara FT. WORTH, TX Senior Assistant City Attorney Non -Federal Reimbursable Agreement V98 Page 13 of 13 FORT WORTH, MAYOR AND COUNCIL COM NICATION 7.5.2 55FTW RUNWAY 16-34 INSTRUMENT LANDING SYSTEM IMPROVEMENTS REIMBURSABLE AGREEMENT DATE: 06/23/26 M&C FILE NUMBER: M&C 26-0535 DEPARTMENT: AVIATION SUBJECT (CD 2) Authorize Execution of a Non -Federal Reimbursable Agreement with the Federal Aviation Administration in the Amount Up to $629,750.00 for Improvements to the Runway 16- 34 Instrument Landing System at Fort Worth Meacham International Airport, Adopt Appropriation Ordinances, and Amend the Fiscal Year 2026 Adopted Budget and Fiscal Years 2026-2030 Capital Improvement Program RECOM NDATION It is recommended that the City Council: 1. Authorize execution of a Non -Federal Reimbursable Agreement with the Federal Aviation Administration in the amount up to $629,750.00 for improvements to the Runway 16-34 Instrument Landing System at Fort Worth Meacham International Airport; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Municipal Airport Fund in an amount of $629,750.00, from available net position, for the purpose of transferring to the Municipal Airport Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Municipal Airport Capital Projects Fund in an amount of $629,750.00, transferred from the Municipal Airport Fund, for the purpose of funding the Reimbursable Agreement with the Federal Aviation Administration for improvements to the Runway 16-34 Instrument Landing System (City Project No. 106997) at Fort Worth Meacham International Airport; and 4. Amend the Fiscal Year 2026 Adopted Budget and Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Non -Federal Reimbursable Agreement (RA) in the amount up to $629,750.00 with the Federal Aviation Administration (FAA) for improvements to the Runway 16-34 Instrument Landing System (ILS) at Fort Worth Meacham International Airport (Airport). 1of11 FORT WORTH, On May 30, 2025, the Aviation Department was informed by the Texas Department of Transportation - Aviation Division (TxDOT) that funding is available for construction of Runway 16-34 Rehabilitation and Runway Safety Area (RSA) improvements at the Airport. In order to improve the RSA on the southwest side of the Airport, a new parallel Taxiway Tango will be constructed. Due to the construction of this new taxiway, the existing glideslope antenna and shelter for Runway 34 need to be relocated (see attached map). On November 18, 2025, M&C 25-1083 authorized execution of an engineering services agreement (City Secretary Contract (CSC) No. 64406) with Garver, LLC. (Garver), which includes design and bidding support services for rehabilitation of Runway 16-34, RSA improvements, construction of Taxiway Tango, and relocation of the ILS. Since the ILS is FAA owned and maintained equipment, execution of an RA is necessary and will consist of design and engineering review services from the FAA. It also includes the cost of three (3) Navigational Aid (NAVAID) shelters due to the long lead time for procurement. Even though the Project is only directly impacting a few components of the ILS, the FAA views the closure of Runway 16-34 resulting from the Project as a Target of Opportunity to replace and upgrade the entire ILS system. Not only is the current ILS system over twenty years old and reaching the end of its service life, but replacing the entire system instead of just a few components will ensure uniformity of the upgraded equipment. The FAA has agreed to provide the new ILS equipment if the Aviation Department includes the installation and construction of the equipment in the Project. The cost of the ILS equipment provided by the FAA is estimated to be $2,100,000.00. Funding is available in the net position of the Municipal Airport Fund for the Aviation Department for the purpose of transferring to the Municipal Airport Capital Projects Fund for the RA. Net Position beginning balance is $12,540,221.00 and the new balance will be $11,910,471.00 after this M&C. Funding for this RA was not included in the Fiscal Year (FY) 2026-2030 Capital Improvement Program due to the amount of the RA being unknown. A meeting to discuss the RA with the FAA was held in February of 2026; however, the final amount was not provided until May of 2026. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. This contract will be with a governmental entity, state agency or public institution of higher education. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are currently available from net position within the Municipal Airport Fund and upon approval of the above recommendations and adoption of 2of11 FORT WORTH, the attached appropriation ordinances, funds will be available in the Municipal Airport Capital Proj Fund for the FTW FAA RA-7385 16-34 RHB ILS project to support execution of the agreement. Prior to an expenditure being incurred, the Aviation Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Valerie R. Washington, # 6192 ORIGINATING BUSINESS UNIT HEAD: Roger Venables, # 5402 ADDITIONAL INFORMATION CONTACT: Tyler Dale, # 5416 ATTACHMENTS 1. 55 FTW Runway 16-34 ILS RA Map [7.5.2.1 -1 page] 2. ORD APP 55 55FTW Runway 16 34 Instrument Landing System Improvements Reimburs (10) [7.5.2.2 - 2 pages] 3. ORD APP 55 55FTW Runway 16 34 Instrument Landing System Improvements Reimburs (11) [7.5.2.4 - 2 pages] 4. CONFIDENTIAL - 55 FTW Runway 16-34 ILS RA - Funds Availability [7.5.2.5 - 2 pages] 5. CONFIDENTIAL - v255FTW Runway 16 34 ILS RA FID Table (1) [7.5.2.6 -1 page] 3of11 FORT WORTH Routing and Transmittal Slip Aviation Department DOCUMENT TITLE: FTW RWY 16-34 ILS Improvements Reimbursable Agreement M&C 26-0535 CPN 106997 CSO # DOC# DATE: 6/25/2026 INITIALS DATE OUT TO: 1. Roger Venables Signed on June 24, 2026 2. Candace Pa tiara Signed on June 24, 2026 3. Valerie Washington Signed on June 24, 2026 4. Jannette Goodall Ja nette Goodall 06/25/2026 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, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X❑ No RUSH: ❑ Yes ❑X No SAME DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑X 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. 541 for pick up when completed. Thank you. FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Federal Aviation Administration (FAA) Subject of the Agreement: A Reimbursable Agreement (RA) with the Federal Aviation Administration (FAA) for improvements to the Runway 16-34 Instrument Landing System (ILS) at Meacham International Airport. M&C Approved by the Council? * Yes 9 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 9 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 6/24/2026 Expiration Date: N/A If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No W *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106997 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.