HomeMy WebLinkAboutContract 45696 CC o
This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and
between the CITY OF FORT WORTH DEPARTMENT OF AVIATION (Aviation), acting by and
through William B. Welstead, its duly authorized Aviation Director and CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STORMWATER DIVISION
(TPW Stormwater), acting by and through Douglas Wiersig, their duly authorized department heads.
In consideration of the mutual covenants, promises and obligations contained herein, the parties
agree as follows:
1. AGREEMENT.
Aviation agrees to allow TPW Stormwater to use a specific location on Fort Worth Meacham
International Airport ("Airport") for the deposit of fill. The specific location is the Northwest Fill
Site which is identified on the attached Exhibit A and is incorporated herein for all purposes.
2. TERMS.
The initial term of this MOU ("Initial Term") shall commence on the date of its execution
("Effective Date"), and expire at 11:59 p.m. on September 30, 2014. Unless terminated in
accordance with the provisions of this MOU, this MOU shall automatically renew for successive
Renewal Terms of one year each, commencing at 12:00 A.M. on October 1St of each year and
expiring at 11:59 P.M. the following September 30th: provided, however, that the rates for each
Renewal Term shall be adjusted to comply with the rates prescribed for the fill site by Aviation's
published Schedule of Rates and Charges in effect at the same time.
In order to terminate this Agreement, either party must provide the other party with written
notice of its intent to terminate not less than ninety (90) days prior to the effective date of such
termination.
3. RATES DURING INITIAL TERM,
TPW Stormwater will pay Aviation $4.00 per load of materials deliver to the fill site. TPW will
submit a list to Aviation of all deliveries no later than the 10th of each month for the previous month.
Aviation will create an Inter-Departmental Billing (IDB) entry on or around the first of each month
70 for the monthly installment. If no report is received by the 10th then a charge will be submitted
m based on the previous month's total.
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< 4. RATES DURING RENEWAL TERMS.
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Rates for each Renewal Term shall comply with the rates prescribed for the fill site by
Aviation's published Schedule of Rates and Charges in effect as the same time.
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5. FILL SITE
Only fill,as specified in attached E',xhibit B, which.is attached hereto and incorporated herein for
all purposes, shall be deposited at the Northwest Fill Site. Should any fill not meeting the
specifications in attached Exhibit B be deposited at the Northwest Fill Site, the oftending
department will be required to remediate the area where deposited and will be responsible for all
costs associated with clean-up, including,any fines or penalties resulting from such deposit.
Fill shall not be deposited in any location other than the Northwest Fill Site unless approved by
the Director of Aviation- Should fill be deposited at any other location on Airport property without
the approval of the Airport Director, the offending department will be required to remove and
properly dispose of the improperly deposited fill. Additionally, the ollending department will be
responsible for any fines or penalties which may result from the deposit of inappropriate material,
Responsibilities:
1. Control TPW Stonrlwater Department vehicle access to the fill site. Access to
the site will remain continuous.
2. Rernediate any negative environmental impacts caused by the fill material
introduced to the site by TPW Storm water.
3. Ensure the fill rnaterial introduced to the site meets the specifications outlined in
exhibit B of this docurnetur,.
Material that falls outside of this specification must
not be brought into the site unless a means to bring it into the required
specifications, such as a rock crusher,is available on site.
4. Maintain access, establish positive draimage, and maintain erosion control.
methods for the area indicated for their use as described in E.,xhibit B of this
document.
5. Obtain any required permits from the City of Fort Worth pertaining to fill
operations
6. TPW Stormwater MAY take or remove fill or other material from its designated
location and only if such material was brought in by TPW Stormwater. The
amount of material being removed must never be in excess of the amount of fill
being deposited on the site.
Aviation shall make periodic inspections to ensure the fill material meets the specifications set
forth in Exhibit B attached to this document, If Aviation determines that fill material has been
brought in outside of the specifications outlined in E'Xhibit B, the offending department at their sole
cost will be required to remove or mitigate the material so it fits the specifications of exhibit B.
6. LICENSES AND PERMITS.
Grantees shall,at their sole expense, obtain and keep in effect all licenses and penruts necessan7 for
the operation of their operations at the Aiq,)or,t.
7. COMPLIANCE WITH 1, JONS.
Grantee covenants and agrees that it shall not engage in any unLawful use of the Premises.
Grantee further agrees that it shall not permit its officers, agents, servants, employees, contractors,
Northwest Fill Site Mou—meachamAirpoit
Aviationn'13W
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subcontractors,patrons, licensees or invitees to engage in any unlawfiul use of the Prernises and Grantee
immediately shall remove from the prernises any person engaging in such unlawful activities. 11-jrilawful
use of the Premises by Grantee itself shall constitute an immediate breach of this MO U.
Grantee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of Grantor; all rules and regulations established by the Director; and all rules and regulations
adopted by the City Council pertaining to the conduct required at airports owned and operated by the
City, as such laws, ordinances, rules and regulations exist or may hereafter be arnended or adopted. If
Grantor notifies Grantee or any of its officers, agents, employees, contractors, SU bcon tractors, licensees
or invitees of any violation of such laws, ordinances, rules or regulations, (3rantee shall immediately
desist from and correct the violation.
It is understood and agreed between Aviation and TPW Storrnwater that Aviation may, from
time to time during the to oft °s agreement, amend any of its polices relative to the operations
and regulations of the Meachain International Airport Fill Site and TPW Stormwater agrees that
they will abide by and conform to any such amendment's as may be made throughout the to of
this agreement. Further, if it is determined that any provisions in this agrecment violate any local,
state, or federal laws, rules or regulations, Aviation reserves the right to amend this agreement to be
in compliance with such laws, and TPW Stormwater agree that it will abide by and conform,to any
such aniendrnents as may be necessary.
Please provide the FAC for the monthly IDB.
HJND/ACC0IJN'r/cEN'I'ER Amount
Ft.,J,NT..)/A('COUNI.'/(-,F,N'T'ER Amount
City of Fort Worth
TRANSPORTATION AND PUBLIC WORKS
6111�>' of- F 20
BY: 1"., Date 000,
Doug�
iersig
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Director 9 0
AU08W
City of Fort Worth ary S r9 City
AVIATION DEPARTMENT
Date
BY:
William B. Welstead
Director
..........
OFFICIAL, RECORD
Northwest Fill Site Mou-MeachamAirport CITY SECRETARY
Aviafion(ITW FT.WORTMi, TX
Page 3 of 3 '1 j
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EXHIBIT B - STOCKPILE MATERIAL
152-1.1 This item covers the acceptance and placement of all materials required to construct stockpile
areas in accordance with these specifications. This item does not cover the construction of safety areas,
runways, taxiways, aprons, building construction, or other facilities.
152-1.2 CLASSIFICATION. All material shall be classified as defined below:
a. Suitable Embankment. Suitable embankment shall consist of the embankment and placement of
all material, regardless of its nature, which is not otherwise classified under the following items.
b. Unsuitable Embankment.Any material containing more than 5% vegetable or organic matter, such as
muck, peat, organic silt, or sod shall be considered unsuitable for use in stockpile construction. Muck
shall include materials that will decay or produce subsidence in the embankment. It may be made up of
decaying stumps, roots, logs, humus, large rocks (larger than 8"), or other material not satisfactory for
incorporation in the embankment. Material not considered by the Airport to be suitable embankment slope
shall be disposed of off-site or as directed by the Airport.
CONSTRUCTION METHODS
152-2.1 General.
The suitability of material to be placed in stockpile locations shall be subject to approval by the Airport. All
unsuitable material shall be disposed of in waste areas outside the limits of the planned stockpile areas.
All waste areas shall be graded to allow positive drainage of the area and of adjacent areas. The surface
elevation of waste areas shall not extend above the surface elevation of adjacent usable areas of the
airport, unless specified approved by the Airport.
When the Contractor's excavating operations encounter artifacts of historical or archaeological
significance, the operations shall be temporarily discontinued. At the direction of the Airport, the
Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and allow for
their removal.
152-2.2 STOCKPILES. All suitable excavated material shall be used in the formation of stockpiles or for
other purposes as directed by the airport. All unsuitable material shall be disposed of as described in
Section 152-1.2. The grade shall be maintained so that the surface is well drained at all times. When
necessary, temporary drains and drainage ditches shall be installed to intercept or divert surface water
that may affect the work.
152-2.3 PREPARATION OF STOCKPILE AREA.Where an embankment is to be constructed to a height
of 4 feet (120 cm) or less, all sod and vegetable matter shall be removed from the surface upon which the
embankment is to be placed, and the cleared surface shall be completely broken up by plowing or
scarifying to a minimum depth of 6 inches (150 mm). This area shall then be compacted as indicated in
paragraph 2.4. When the height of fill is greater than 4 feet(120 cm), sod not required to be removed
shall be thoroughly disked and recompacted to the density of the surrounding ground before construction
of embankment. Where embankments are to be placed on natural slopes steeper than 3 to 1, horizontal
benches shall be constructed in accordance with OSHA requirements.
152-2.4 FORMATION OF STOCKPILES. Embankments shall be formed in successive horizontal layers
of not more than 8 inches (200 mm) in loose depth for the full width of the cross section, unless otherwise
approved by the Airport. All material shall be thoroughly blended in order to evenly distribute allowable
vegetation with fill. Every effort will be made to minimize grass and other organic matter
The grading operations shall be conducted, and the various soil strata shall be placed, to produce a soil
structure as directed. Materials such as brush, hedge, roots, and stumps, shall not be incorporated or
buried in the embankment. Operations on earthwork shall be suspended at any time when satisfactory
results cannot be obtained because of rain, freezing, or other unsatisfactory conditions of the field. The
Contractor shall drag, blade, or slope the embankment to provide proper surface drainage. The material
in the layer shall be compacted to prevent future settlement. In order to achieve a uniform moisture
content throughout the layer, wetting or drying of the material and manipulation shall be required when
necessary. Should the material be too wet to permit proper compaction or rolling, all work on all of the
affected portions of the embankment shall be delayed until the material has dried to the required moisture
content. Sprinkling of dry material to obtain the proper moisture content shall be done with approved
equipment that will sufficiently distribute the water. Sufficient equipment to furnish the required water shall
be available at all times. The material shall be proof-rolled and the necessary corrections and
adjustments in methods, materials, or moisture content in order to achieve no rutting or pumping present
in the stockpile. No layer shall be covered until no rutting or pumping is present. During construction of
the embankment, the Contractor shall route his/her equipment at all times, both when loaded and when
empty, over the layers as they are placed and shall distribute the travel evenly over the entire width of the
embankment. The equipment shall be operated in such a manner that hardpan, cemented gravel, clay, or
other chunky soil material will be broken up into small particles and become incorporated with the other
material in the layer. In the construction of embankments, layer placement shall begin in the deepest
portion of the fill; as
placement progresses, layers shall be constructed approximately parallel to the finished pavement grade
line. When rock and other embankment material are excavated at approximately the same time, the rock
shall be incorporated into the outer portion of the embankment to allow clear separation of the material for
future placement. Stones or fragmentary rock larger than 8 inches (100 mm) in their greatest dimensions
will not be allowed in the stockpile areas. Rockfill shall be brought up in layers as specified or as directed
and every effort shall be exerted to fill the voids with the finer material forming a dense, compact mass.
Rock or boulders shall not be disposed of outside the embankment areas, except at places and in the
manner designated by the Airport. Frozen material shall not be placed in the embankment nor shall
embankment be placed upon frozen material.
152-2.5 FINISHING AND PROTECTION OF STOCKPILES. After the stockpile has been substantially
completed the full width shall be conditioned by removing any soft or other unstable material that will not
compact properly. The resulting areas and all other low areas, holes or depressions shall be brought to
grade with suitable select material. Scarifying, blading, rolling and other methods shall be performed to
provide a thoroughly compacted subgrade shaped to the lines and grades shown on the plans. Grading of
the stockpiles shall be performed so that it will drain readily. The Contractor shall take all precautions
necessary to protect the stockpiles from damage. He/she shall limit hauling over the finished stockpiles to
that which is essential for construction purposes. All ruts or rough places that develop in a completed
stockpile shall be smoothed and recompacted. Upon completion of grading operations, stockpiled topsoil
shall be handled and placed as directed.
FORT WORTH
INTER-OFFICE CORRESPONDENCE
TO: Mary Kayser
City Secretary
FROM: Charlene Sanders
Assistant City Attorney II
DATE: April 28, 2014
SUBJECT: MEMORANDUM OF UNDERSTANDING
FORT WORTH DEPARTMENT OF AVIATION and
FORT WORTH TPW-STORMWATER
MEACHAM INTERNATIONAL AIRPORT NORTHWEST FILL SITE
The subject memorandum is not subject to the City Charter requirement for
approval of form and legality by the City Attorney's Office.
Please contact me at extension 7611 if you have any questions regarding this
memorandum.
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth * 1000 Throckmorton Street* Fort Worth, Texas 76102
(817) 871-7600 *FAX(817) 871-8359