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HomeMy WebLinkAboutContract 46866 10 ry Agreement Number AJW-FN-CSA-15-2178 Vs NON-FEDERAL REIMBURSABLE AGREEMENT G\GSGR�AR`E w BETWEEN CITX 5OMAIN� DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF FORT WORTH FORT WORTH ALLIANCE AIRPORT FORT WORTH, TEXAS WHEREAS, the City of Fort Worth, Texas (Sponsor), seeks to extend portions of existing runways at Fort Worth Alliance Airport. WHEREAS, the Federal Aviation Administration (FAA) owns certain existing facilities that require removal and relocation to accommodate the runway extensions; the FAA will own future installed facilities; and the FAA can furnish directly or by contract material, supplies, equipment, and services which the City of Fort Worth, Texas (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; 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 authority for the FAA to furnish material, supplies, equipment, and services to the Sponsor upon a reimbursable payment basis is found in 49 U.S.C. § 106(1)(6) on such terms and conditions as the Administrator may consider necessary; 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, Texas. 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 support the Sponsor's project to to extend the north end of Runways 16L/34R and 16R/341, at Fort Worth Alliance Airport, Fort Worth, Texas. Runway 16L an Taxiway w> OFFICIAL RECORD CITY SECRETARY Non-Federal Reimbursable Agreement V78 T• ��R��'I,oT'�( Agreement Number AJW-FN-CSA-15-2178 be extended 1,400 feet. Runway 16R will be extended 2,800 feet. At the end of this project, both runways will be at 11,000 feet. This project will include significant impacts to FAA owned facilities which will require the following activities: 1. Relocate Runway 16L FAA Navigational Aids (NAVAIDS) equipment a. Relocate Glide Slope (GS) b. Relocate Inner Marker (IM) equipment c. Relocate Far Field Monitors (FFM) d. Relocate or replace High Intensity Approach Lighting System with Sequenced Flashing Lights-2 (ALSF-2) (remove in-pavement lighting) e. Replace standby engine generator, associated transfer switches (SX) and replace fuel tank f. Replace day tank g. Relocate Touchdown and Midfield Runway Visual Range (RVR) h. Replace National Airspace System Equipment Building (NASEB) Shelters 2. Relocate Runway 34R FAA NAVAIDS equipment a. Relocate Runway 34R Localizer (LOC) b. Replace National Airspace System Equipment Building (NASEB) Shelters 3. Relocate Automated Surface Observing System (ASOS) 4. Replace North Loop Field Cable to include ductbank The Sponsor and FAA will coordinate with each party the scheduling and performance of work activities to ensure that no other activities or projects, scheduled or otherwise, excepting events that are outside of Sponsor's or FAA's control, interfere with either party's equipment installation, performance verification, acceptance inspections, flight inspections, and/or other scheduled project activities. Any interference with FAA activities and responsibilities will add additional costs to the original estimate submitted. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled: "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" B. The FAA will perform the following activities: 1. Provide technical assistance necessary to ensure the Sponsor's project meets applicable FAA rules, regulations, orders, requirements, standards, and specifications during the construction and installation phases of the project. 2. Provide Resident Engineering services during all construction phases of the project necessary to establish or restore service to affected FAA facilities, systems, and equipment. It is the Resident Engineer's ("RE") responsibility to protect the FAA's interests during the construction phases of the project which impact FAA facilities, systems, equipment, and their infrastructures. Non-Federal Reimbursable Agreement V78 Page 2 of 21 Agreement Number AJW-FN-CSA-15-2178 In furtherance of these responsibilities the RE will: a. Be the FAA's primary point of contact for the Sponsor during these phases of the project to ensure that all necessary information is coordinated with the appropriate FAA parties; b. Ensure all reasonable efforts are made to minimize the impact to FAA operations and existing facilities; c. Notify the Sponsor and FAA personnel about and document significant discrepancies between the approved design plans and specifications and the actual work performed; d. Notify the Sponsor of any failure of the work or materials to conform to the contract, the design plans and specifications, drawings, and any delays in the schedule; e. Keep a construction diary and weekly status reports on the FAA facilities, systems, and equipment affected by the project; f. Ensure compliance with all FAA rules, regulations, orders, standards, requirements, and agreements; and g. Witness key events in the project such as, but not limited to, the placement of rebar and pouring of concrete, the splicing, connecting, and testing of all FAA field cables, and the exothermic welding of grounding, bonding, and lightning protection connections. 3. The RE does not have authority to: a. Revoke, alter, waive, enforce, or direct any requirement(s) of the design plans and specifications, drawings, and the construction contract let by the Sponsor; b. Act as the contractor's foreman, or perform any other duties for the contractor; c. Enter into or take part in any labor dispute between the Sponsor and its construction contractor; and d. Participate in, settle, or otherwise decide contractual matters in dispute between the Sponsor and its construction contractor. 4. Electronically locate and physically mark all FAA power and control cables in the area affected by the Sponsor's construction. Any cable requiring excavation for location confirmation will be executed by the Sponsor with FAA oversight. 5. Coordinate with the Airport Sponsor in order to ensure that National Environmental Policy Act (NEPA) documentation of the project incorporates associated FAA F&E actions. Also ensure NEPA documentation meets FAA requirements and approvals. 6. Complete Environmental Due Diligence Audit (EDDA) documentation for FAA F&E facilities with real property transaction(s) that are associated with this project. 7. If the FAA finds the new facility sites acceptable as replacements for the existing sites, the FAA will establish no-cost land Memorandum of Agreement for the new facility sites. 8. Participate with the Sponsor in any and all contractor acceptance inspection(s) (CAI) and Joint Acceptance Inspections (JAI) of all the FAA relocated facilities for the purpose of identifying any deficiencies or corrections required, otherwise noted as exceptions. Non-Federal Reimbursable Agreement V78 Page 3 of 21 Agreement Number AJW-FN-CSA-15-2178 9. Coordinate and participate in all activities associated with the restoration of all affected FAA facilities, systems, and equipment, including such activities as performing flight inspections. 10. Contact the supplier to initiate the transfer of the electrical service account from the Sponsor to the FAA at the end of the project. This transfer action is to be accomplished based on required information furnished by the Sponsor and obtaining an approved funding obligation to pay for the recurring charges. The FAA will recover all costs associated with the transfer of electrical services via this MOA for all impacted FAA facilities. 11. Provide disposition instructions of the replaced facilities. 12. Review and approve the "as-built" drawings of the Sponsor's construction contractor for that portion of the construction projects that includes FAA facilities, systems, equipment, and their infrastructure. 13. Execute the activities identified for the following facilities: Runway 16L GS a) Relocate the GS electronics from the existing shelter to the new location; b) Relocate the existing GS antenna elements to the relocated antenna tower; c) Inspect and provide technical support for installation of grounding materials; d) Submit the GS data sheet to the National Flight Data Center (NFDC) and FAA Flight Procedures Office; e) Terminate any and all FAA power and control cable at the equipment end and Tune-up electronic equipment; f) Coordinate and conduct flight check operations in support of the GS including commissioning; g) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L IM a) Relocate the IM electronics from the existing shelter to the new location; b) Relocate the existing IM antenna elements to the new antenna mount; c) Inspect and provide technical support for installation of grounding materials; d) Submit the IM data sheet to the National Flight Data Center (NFDC) and FAA Flight Procedures Office; e) Terminate any and all FAA power and control cable and tune-up electronic equipment; f) Coordinate and conduct flight check operations in support of the IM including commissioning; g) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L FFM 1 and FFM 2 a) Relocate the FFM electronics from the existing shelter to the new location; b) Inspect and provide technical support for installation of grounding materials; c) Relocate and install the existing FFM antenna elements to the new antenna tower location; Non-Federal Reimbursable Agreement V78 Page 4 of 21 Agreement Number AJW-FN-CSA-15-2178 d) Terminate any and all FAA power and control cable and tune-up electronic equipment; e) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L ALSF-2 a) Relocate the ALSF electronics from the existing shelter to the new location; b) Inspect and provide technical support for installation of grounding materials; c) Submit the ALSF data sheet to the National Flight Data Center(NFDC) and FAA Flight Procedures Office; d) Terminate any and all FAA power and control cables inside the facility shelter and tune-up electronic equipment, e) Coordinate and conduct flight check operations in support of the ALSF including commissioning; f) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L SX a) Inspect and technically support the installation of the new standby engine generator and associated equipment provided by the FAA; b) Inspect and technically support the installation of the new above ground fuel storage tank; c) Inspect and provide technical support for installation of grounding materials; d) Terminate control cable and tune-up equipment. Runway 16L TANK a) Inspect and technically support the installation of the new standby engine generator fuel day tank provided by the FAA; b) Inspect and provide technical support for installation of grounding materials; Runway 16L Touchdown and Midfield RVR a) Inspect and technically support the relocation of the RVR electronics; b) Inspect and provide technical support for installation of grounding materials; c) Relocate the electronic equipment and sensor heads from the existing RVR locations to the new established LIR poles; d) Terminate any and all FAA power and control cable and Tune-up electronic equipment; e) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 34R LOC a) Relocate the LOC electronics from the existing shelter to the new location; b) Inspect and provide technical support for installation of grounding materials; c) Submit the LOC data sheet to the National Flight Data Center (NFDC) and FAA Flight Procedures Office; Non-Federal Reimbursable Agreement V78 Page 5 of 21 Agreement Number AJW-FN-CSA-15-2178 d) Terminate any and all FAA power and control cable and tune-up electronic equipment; e) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L ALSF-2 a) Relocate the ALSF electronics from the existing shelter to the new location; b) Inspect and provide technical support for installation of grounding materials; c) Submit the ALSF data sheet to the National Flight Data Center(NFDC) and FAA Flight Procedures Office; d) Terminate any and all FAA power and control cables inside the facility shelter and tune-up electronic equipment; e) Coordinate and conduct flight check operations in support of the ALSF including commissioning; f) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L SX a) Inspect and technically support the installation of the new standby engine generator and associated equipment provided by the FAA; b) Inspect and technically support the installation of the new above ground fuel storage tank; c) Inspect and provide technical support for installation of grounding materials; d) Terminate control cable and tune-up equipment. Runway 16L TANK a) Inspect and technically support the installation of the new standby engine generator fuel day tank provided by the FAA; b) Inspect and provide technical support for installation of grounding materials; Runway 16L Touchdown and Midfield RVR a) Inspect and technically support the relocation of the RVR electronics; b) Inspect and provide technical support for installation of grounding materials; c) Relocate the electronic equipment and sensor heads from the existing RVR locations to the new established LIR poles; d) Terminate any and all FAA power and control cable and Tune-up electronic equipment; e) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 34R LOC a) Relocate the LOC electronics from the existing shelter to the new location; b) Inspect and provide technical support for installation of grounding materials; c) Submit the LOC data sheet to the National Flight Data Center(NFDC) and FAA Flight Procedures Office; Non-Federal Reimbursable Agreement V78 Page 5 of 21 Agreement Number AJW-FN-CSA-15-2178 d) Terminate any and all FAA power and control cable and tune-up electronic equipment; e) Install antenna coax cables at the antenna array; f) Coordinate and conduct flight check operations in support of the LOC including commissioning; g) Approve and execute modifications to the land Memorandum of Agreement, as required. Runway 16L/34R NASEB a) Inspect and technically support the installation of the new NASEB shelter; b) Inspect and provide technical support for installation of grounding materials; c) Approve and execute modifications to the land Memorandum of Agreement, as required. ASOS a) Assist the Sponsor in coordination with the National Weather Service (NWS) for the site selection and relocation of the ASOS electronic sensors and field equipment; b) Complete the FAA ASOS Request for Change (RC) and provide to FAA program offices; c) Coordinate with the NWS for the electronic installation and alignment of the affected sensors and electronic field equipment, after the construction phase of the Sponsor's project is complete; d) Coordinate the recertification of the ASOS equipment at the new location, including any frequency change of location surveys. e) Approve and execute modifications to the land Memorandum of Agreement, as required. North Loop Field Cable a) Inspect and technically support the installation of the new North Loop Communications field cable and duct bank; b) Inspect and provide technical support for installation of grounding materials. C. The Sponsor will perform the following activities: 1. Provide funding for all activities outlined in this Agreement. Funded activities include the material, construction, electronic installation, flight check, and any environmental remediation necessary to accommodate the relocation of the Runway 16L GS, IM, FFM's, ALSF, SX, TANK, RVR and Runway 34R LOC and NASEB and the ASOS, and North Loop Field Communications Cable. 2. Ensure that the project's design and work is in compliance with all applicable building and construction codes. 3. Ensure that the project's design and work is in compliance with all applicable FAA regulations,rules, orders, standards, and specifications. Non-Federal Reimbursable Agreement V78 Page 6 of 21 Agreement Number AJW-FN-CSA-15-2178 4. Provide to the FAA the proposed schedule for the construction phases of the project within 30 days prior to Notice to Proceed or as soon as available or other time frames as mutually agreed to by the Sponsor and the FAA. 5. Correct any and all deficiencies and exceptions resulting from work performed by Sponsor's contractors that were identified during the CAI for all facilities, systems, and equipment covered by this Agreement in a timely manner. FAA will correct any and all deficiencies and exceptions resulting from work performed by its contractors. 6. Inspect and provide technical support for installation of grounding materials. During construction take photographs of exothermic welds before they are buried and provide the photographs to the FAA. 7. Submit an Obstruction Evaluation for the proposed location of all impacted FAA systems and shelters and any construction activities requiring separate review and approval. 8. Perform all work associated with the construction, relocation, and reintegration of the FAA field cables, duct bank, and manholes/handholes in accordance with all applicable FAA requirements. Terminate fiber and copper cables at the Airport Traffic Control Tower and facility shelters. All FAA field cables shall be tested and documented before and after their installation in the presence of the FAA RE in accordance with FAA specification FAA-C-1391C, FAA-STD-19E, FAA-C- 1217F, Installation and Splicing of Underground Cables. 9. Execute the activities (with advance planning, scheduling, and coordination to minimize any equipment shutdown or temporary service outage) identified for the following facilities: Runway 16L GS a) Survey, stake, layout, and construct new building foundations for the GS shelter and the antenna mast per FAA Std.0I9e, electrical services, and control systems. Install prefabricated 10' x 20' equipment shelter funded by the Sponsor and procured by the FAA; b) Relocate and install antenna tower, provide a new DBI safety climbing device, new Swager Maintenance Platforms, new Swager Tower Ladder, antenna heater wiring, antenna mounts, conduits and junction boxes, lightning protection, bonding, and perimeter grounding system; c) Construct access road and parking area; d) Grade the GS critical area; e) Install new commercial power services, power cables, and control cables including intra-cabling; f) Assist FAA installation representatives in relocating the electronic equipment from the existing shelter to the new shelter; g) Remove the old shelter, tower and foundations; h) Construct final grading of new and old sites. Runway 16L IM a) Relocate and install the antenna conduits and junction boxes, lightning protection, bonding, and perimeter grounding system; Non-Federal Reimbursable Agreement V78 Page 7 of 21 Agreement Number AJW-FN-CSA-15-2178 b) Install new IM antenna mount at the new location; c) Construct access road and parking area; d) Grade the IM area; e) Install new commercial power services, coax cables, and control cables including intra-cabling; f) Assist FAA installation representatives in relocating the electronic equipment from the existing shelter to the new shelter; g) Provide a secure storage site or facility for the IM from the time the equipment is removed from its existing location until the equipment is reinstalled; h) Remove the old shelter, tower and foundations; i) Construct final grading of new and old sites. Runway 16L FFM1 and FFM2 a) Survey, stake, layout, and construct new foundations for the FFM's antenna mast, electrical services, and control systems; b) Procure and install new fiberglass antenna poles, conduits and junction boxes, lightning protection, bonding, and perimeter grounding system as per FAA specifications; c) Construct access road and parking area; d) Grade the FFM area; e) Install new commercial power services, coax cables, and control cables including intra-cabling; f) Assist FAA installation representatives in relocating the electronic equipment from the existing FFM shelter to the new FFM shelter; g) Remove the old shelter, tower and foundations; h) Construct final grading of new and old sites. Runway 16L ALSF-2 a) Survey, stake, layout, and construct new ALSF foundations for the shelter and all light stations; b) Install EMT type of threshold and ALSF lights stations per approved drawings; c) Provide all necessary ALSF equipment per FAA specifications for above ground light stations; d) Provide ten (10) new low voltage Individual Control Cabinet (ICC) Assemblies and fourteen (14) Flasher Assemblies per FAA specifications; e) Provide funding for the New Bedford Panoramex representative to assist FAA personnel in the Tune-Up of the Electronic equipment; f) Provide funding for portable maintenance stands; g) Construct access roads, maintenance pads, and walkways per FAA approved drawings; h) Install commercial power services, power cables, and control cables including intra-cabling; i) Install lightning protection, bonding and perimeter ground system; Non-Federal Reimbursable Agreement V78 Page 8 of 21 Agreement Number AJW-FN-CSA-15-2178 j) Assist FAA installation representatives in relocating the electronic equipment from the existing ALSF shelter to the new ALSF shelter; k) Construct final grading of new sites and old sites. Runway 16L SX a) Install the new standby engine generator, transfer switches and associated equipment provided by the FAA, install new conduits and junction boxes, lightning protection, bonding, and perimeter grounding system; b) Replace and install the fuel storage tanks to a new above ground fuel storage tank designated by the FAA including, conduits and junction boxes, lightning protection, bonding, and perimeter grounding system; c) Construct access road and parking area; d) Remove the old below ground fuel storage tank, mitigate any environmental hazards, and dispose of per regulations; e) File necessary permits per local or state requirements prior to installation or removal of new and old tanks; f) Construct final grading of new and old sites. Runway 16L TANK a) Install the new standby engine generator day fuel tank provided by the FAA, conduits and junction boxes, lightning protection, bonding, and perimeter grounding system; b) Construct access road and parking area; c) File necessary permits per local and state requirements prior to installation or removal of new and old tanks; d) Construct final grading of new and old sites. Runway 16L Ambient Light Sensor, Touchdown and Midfield RVR a) Survey, stake, layout, and construct new foundations for the ALS, TD and MF RVR sensors, electrical services, and control systems. b) Replace and install and the RVR conduits and junction boxes, lightning protection, bonding, and perimeter grounding system for the ALS, TD and MF RVR sensors; c) Relocate and install the new tower locations; d) Construct access road and parking area for the ALS, TD and MF RVR sensors; e) Install new commercial power services, power cables, and control cables including intra-cabling; f) Construct final grading of new and old sites. Runway 34R LOC a) Survey, stake, layout and construct LOC building foundations, LOC antenna array, electrical services and control systems; b) Furnish and install the coax, power and control cables between shelter and antenna array per approved FAA drawings. Fund coax cables from antenna distribution box to individual antennas; Non-Federal Reimbursable Agreement V78 Page 9 of 21 Agreement Number AJW-FN-CSA-15-2178 c) Reassemble and erect the antenna array, raceway, control and distribution box (dog house) antenna cabling, conduits with frangible couplings per approved FAA drawings; d) Construct access roads and parking turnaround per FAA approved drawings; e) Install new commercial power services, power cables, and control cables including intra-cabling; and lightning protection, bonding and perimeter grounding system; f) Assist FAA installation representatives in relocating the electronic equipment from the existing shelter to the new shelter; g) Grade the LOC critical area per the approved FAA drawings; h) Reestablish the LOC check points; i) Provide a secure storage site or facility for the LOC antenna array from the time the equipment is removed from its existing location until the equipment is reinstalled; j) Remove and dispose of the old facility, above ground utility infrastructure, and foundations; k) Construct final grading of new and old sites; Runway 34R NASEB a) Survey, stake, layout, and construct new building foundations for the NASEB shelter furnished by the Sponsor that will house the 34R LOC, 16L ALSF-2, 16L standby engine generator and fuel storage tanks, and 16L IM and FFM, provide electrical services, and control systems. Construct a 40' x 50' equipment shelter per FAA design criteria furnished by the Sponsor; b) Install new conduits and junction boxes, lightning protection, bonding, and perimeter grounding system; c) Construct access road and parking area; e) Install new commercial power services, power cables, and control cables including intra-cabling; g) Assist FAA installation representatives in relocating the electronic equipment from the existing shelter to the new shelter; h) Remove the old shelter, tanks and foundations; i) Construct final grading of new and old sites. ASOS Field Equipment a) Coordinate the timing of the relocation of sensors and electronic field equipment with NWS before dismantling, and again when reassembling the wind tower pole, weather sensor supports, and wire way cable troughs. Extended outages will not be allowed. Transport to the site the various sensors and cables if required by NWS; b) Construct all new ASOS foundations, duct banks, structures, power or equipment racks, erection hardware and earth electrode/lightning protection per NWS and FAA siting and installation criteria; c) Procure per FAA specifications the fiberglass poles necessary for the relocation of electronic equipment inside the Obstruction Free Area. Non-Federal Reimbursable Agreement V78 Page 10 of 21 Agreement Number AJW-FN-CSA-15-2178 d) Provide all finalized Professional Land Surveyed (PLS) Coordinates and Elevations. The primary ASOS site identification labeling point on the drawings will be the Wind Tower position. Other foundation elevations shall also be identified as required by the NWS; e) Provide sensor group survey including top and ground elevations and coordinates of the ASOS Wind Sensor pole prior to relocation of the ASOS equipment. This will be used by the FAA to complete the ASOS RC form; f) Review the ASOS siting criteria per Federal Standard for Siting Meteorological Sensors at Airports (FCM-S4-1994), and be familiar with protecting the sensor equipment. Review the radial distances and heights for protecting the future visibility and wind sensors object free areas stated in paragraphs 2.4 and 2.5; g) Disassemble, reassemble, and install the ASOS electric power rack equipment, wind tower pole, and weather sensor supports. Transport to the new site the sensors and sensor cables that have been disassembled by NWS; h) Construct crushed stone maintenance areas around the ASOS sensors, and walkways where required; i) Approve and execute modifications to the MOA; j) Remove and dispose of existing ASOS foundations per airport authority requirements, after relocating the equipment from the old site; k) Provide an access road to the new ASOS field equipment. North Loop Field Communications Cable a) Provide and install all channel banks, nodes and field cable from the newly constructed AFW RTR around the North end of the Airport incorporating all the affected NAVAIDS looped back to the ATCT with new fiber optic shielded cable, terminate and test all cables; b) Perform all work associated with the construction, relocation, and reintegration of the FAA field cables, duct bank, and manholes/handholes in accordance with all applicable FAA requirements. All FAA field cables shall be tested and documented before and after their installation in the presence of the FAA RE in accordance with FAA specification FAA-C-1391C, Installation and Splicing of Underground Cables. 10. Facilitate, document, and mitigate issues as identified by the FAA within 30 days of being identified; 11. Provide a schedule within 30 days prior to the Notice to Proceed or as soon as available of the effective date of this Agreement, and updated monthly (or as soon as changes occur), including the following tasks: a) Design start; b) Design complete; c) Construction bid; d) Construction award; e) Construction start; f) Construction complete; and g) Overall Construction sequencing schedule. Non-Federal Reimbursable Agreement V78 Page 11 of 21 Agreement Number AJW-FN-CSA-15-2178 12. Complete the contract, offer, and award process for the construction phases of the project using the approved FAA plans and specifications for the FAA impacted facilities. 13. At the time of CAI, provide the FAA three (3) sets of D-sized (24"06") "As- Built" drawings in hard copy and one set in an electronic file using the Microstation format. The electronic file shall include all the accompanying library files needed to generate a complete set of drawings. The "As-Built" drawings will be delivered to the FAA no later than 45 days after project completion. The requirement for"As-Built" drawings to be delivered to the FAA shall be in accordance with the milestone established in the project's plans and specifications. Send the drawings and specification sets to the following individual: FAA Central Service Center ATTN: Shelby Bohmfalk AJW-C 14C 817-222-4597 2601 Meacham Blvd. Fort Worth, Texas 76137 14. Notify the FAA 60 calendar days in advance of when FAA construction oversight services are required. The FAA RE will be required when any construction associated with or on FAA facilities, systems, and/or equipment or the infrastructure associated with the foregoing takes place. The presence or absence of an FAA RE does not relieve the Sponsor or his Contractor from any requirement contained in this Agreement, nor is the RE authorized to change any term or condition of the Agreement without the Contracting Officer's written authorization. 15. Participate in a mutual or joint inspection of the relocated FAA facilities and prepare a plan for the correction of any items that are identified as not acceptable to the FAA. a) If the Sponsor's contractor will correct these items, the Sponsor will be responsible for payment to their contractor(s); b) If the FAA completes these corrections, the FAA will be reimbursed by the Sponsor. 16. Ensure its Contractor maintains an adequate inspection system and perform such inspections to ensure the work performed under the contract conforms to requirements in this Non-Federal Reimbursable Agreement. The Sponsor's Contractors shall maintain complete inspection records and make them available to the FAA. All work is subject to FAA inspection at all places and at all reasonable times before acceptance. 17. At the time of the CAI, provide all appropriate documentation on make/models numbers and manuals on all systems installed, as required. Non-Federal Reimbursable Agreement V78 Page 12 of 21 Agreement Number AJW-FN-CSA-15-2178 18. Provide any and all information on known existing releases of hazardous substances/materials or other environmental conditions, or the threatened releases of any hazardous substances/materials or other environmental conditions that might or would impact the FAA relocated facilities. The Sponsor agrees to remediate, at its sole cost, all hazardous substance contamination found to impact the proposed FAA facilities, systems, and/or equipment prior to construction and modification to the land rights MOA. 19. Provide the FAA unencumbered access to all of the site areas involving or affecting FAA facilities, systems, and/or equipment both during and after the construction project. 20. Provide to the FAA at the time of the CAI all warranty information and documentation on the FAA facilities, systems, and/or equipment work done by the Sponsor's contractor, including material and equipment provided, cable and grounding/ lightning protection system testing, etc. 21. Establish or modify electrical service for any FAA facilities, equipment and/or systems incorporated in this project and pay for any one-time costs incurred. Also, the Sponsor shall pay any recurring utility charges until the project is completed and accepted by the FAA. The Sponsor must notify the FAA at the end of the project and provide the essential information listed below, so that FAA can initiate the transfer of the electrical service account. The information to be provided to the FAA is as follows: a) Name, address, and phone number of local electrical service supplier; b) Service address, meter number, and/or account number; and c) Related information (e.g. service type, estimated energy consumption, copy of monthly billing charges, etc.). 22. Submit the completed Transfer of Real and Personal Property Forms per Article 6 of this Agreement. (See attachments A) 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: 7/21/14 and the grant number is: 53. E. Submit FAA Form 6000-26 Airport Sponsor Strategic Event Submission Form no less than 45 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 from the FAA Airports District Office or from the OE/AAA website. This form may also be used to notify the FAA of any changes to the project schedule. ARTICLE 4. Points of Contact A. FAA: 1. The FAA, Air Traffic Organization, Central Service Area, Technical Operations Engineering Center, Fort Worth, Texas, will perform the scope of work included in this Agreement. Shelby Bohmfalk is the NAVAIDS Engineer and liaison with the Sponsor and can be reached at (817) 222-4597. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or Non-Federal Reimbursable Agreement V78 Page 13 of 21 Agreement Number AJW-FN-CSA-15-2178 authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. FAA Contracting Officer: The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Bradley Logan, who can be reached at (817) 222-4395. B. Sponsor: City of Fort Worth Attn: Fernando Costa, Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 Telephone: (817) 392-6122 Email: fernando.costa@fortworth.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 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 that the FAA has accepted the fundamental responsibilities of ownership by assuming all operations and maintenance requirements for all property transferred to the FAA, and that the subject transfer to FAA is in the best interest of both the Sponsor and FAA. In order to ensure that both FAA and the Sponsor have complete and accurate documentation of all property transferred to FAA and subject to this Agreement, the Non-Federal Reimbursable Agreement V78 Page 14 of 21 Agreement Number AJW-FN-CSA-15-2178 transfer of ownership of such real and personal property to the FAA shall be supported and memorialized by FAA's and the Sponsor's execution of Attachment A (Sponsor Cost and Transfer Certification Form) within ninety (90) calendar days from the date of project completion. The Sponsor will provide a line item property listing in tabular format including costs, as set forth in Attachment A, consisting of all real and personal property that is included in the Project. The cost data for each item will be supported by documentary evidence of reasonable cost and ownership, including, for example, the original invoice or billing statement, bill of lading, a copy of the construction contract, and verification of the contract acceptance date. At FAA's request, all supporting cost documentation shall be made available by the Sponsor within 30 workdays of the request. The FAA shall retain the original copy of Attachment A. A complete copy of Attachment A will be provided to the sponsor upon request. 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. Non-Federal Reimbursable Agreement V78 Page 15 of 21 Agreement Number AJW-FN-CSA-15-2178 ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: of Reimbursable Item Estimated Cost LABOR Engineering-Communications WB4020 $24,091.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------- Environmental WB4030 $35,000.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Construction WB4050 $415,812.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------- Installation& Checkout WB4060 $196,582.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------- Commissioning-Closeout WB4070 $195,139.00 ----------------------------------------------------------- -------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- Labor Subtotal $866,624.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------- Labor Overhead (17%) $147,326.08 ---------------------------------------------------------------------------------------------------------------------------------------------------------- Total Labor $1,013,950.08 ------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------- NON-LABOR -----_ _-+---- Travel WB4050 WB406-- -----------0------------------------------------------------------ ---------------------------$2---------,000.----00- ------------------------------------------------------------------------------------------------------------------------------------------------------------- Environmental Contractor WB4030 $70,000.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------- TSSC- Communications WB4020 WB4050 WB4060 $120,000.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Shelters WB4050 WB4060 $49,186.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Flight Inspection Phase 1,2a,2b WB4060 $122,988.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ NBP Support-ALSF WB4060 $33,000.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Kohler Representative WB4060 $15,000.00 - ------------------------------------------------------------------------------------------------------------ Communications Equip WB4060 $56,328.00 ------------------------------------------------------------------------------- Materials WB4060 $110,000.00 ----------------------------------------------------------------------------------------------------------------------------------------------------------- Non-Labor Subtotal $578,502.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Non-Labor Overhead (6%) $34,710.12 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Total Non-Labor $6139212.12 TOTAL ESTIMATED COST , $19,6279162.20 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, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. Non-Federal Reimbursable Agreement V78 Page 16 of 21 Agreement Number AJW-FN-CSA-15-2178 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 Accounting Division 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. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. However, in the event no grant funds or insufficient grant funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the City will immediately notify FAA of such occurrence and this contract may be terminated on the last day of the fiscal period for which appropriations were received or performance may be delayed without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and submit the full advance payment to the Accounting Division. The Sponsor can either mail the payment to the address shown below or submit payment (via check or credit card) electronically via pay.gov. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMK-323, Reimbursable Project Team P.O. Box 25082 Oklahoma City, OK 73125 The overnight mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMK-323, Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 Telephone: (404) 954-6724 Non-Federal Reimbursable Agreement V78 Page 17 of 21 Agreement Number AJW-FN-CSA-15-2178 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Fort Worth Attn: Fernando Costa, Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 Telephone: (817) 392-6122 D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payments. E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be modified 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 a modification to the Agreement which includes the FAA's additional costs. , the Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA-Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the modification cannot start until receipt of the additional advance payment. ARTICLE 10. Changes and Modifications Changes and/or modifications to this Agreement will be formalized by a written modification that will outline in detail the exact nature of the change. Any modification 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 modification(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 modifying or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be modified, whereupon the parties will consult to consider such modifications. 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 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 Non-Federal Reimbursable Agreement V78 Page 18 of 21 Agreement Number AJW-FN-CSA-15-2178 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 the authority of 49 U.S.C. § 106(1)(6), which authorizes the Administrator of the FAA to enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider 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. Non-Federal Reimbursable Agreement V78 Page 19 of 21 Agreement Number AJW-FN-CSA-15-2178 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 With regard to any liability which may arise from this agreement, each party expressly agrees that it shall be solely and exclusively liable for the negligence of its own agents, servants and/or employees. Sponsor does not look to the FAA to save or hold Sponsor harmless for the consequences of any negligence on the part of one of the Sponsor's own employees, agents, and/or servants. The FAA does not look to the Sponsor to save or hold the FAA harmless for consequences of any negligence on the part of one of the FAA's own employees, agents, and/or servants. Neither party is hereby waiving any rights of protection it presently enjoys by reason of any applicable State or Federal law. 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, 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 modification to this Agreement, the terms of such modification 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 modifications 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 Non-Federal Reimbursable Agreement V78 Page 20 of 21 Agreement Number AJW-FN-CSA-15-2178 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. AGREED: FEDERAL AVIATION CITY OF FORT WORTH,TX ADMINISTRATION S IGNATURE(L�_75 ---•-----___� S IGNATU R.E NAME 5 /V NAME kN�o Costa TITLE Contracting Officer TITLE A55f "'w7dge/ DATE 7e- /J DATE r/b5f 1 S I APPROVED AS TO FORM AND LEGALITY: CI Y ATTO EY V-ORr A by: J. Kayser, City(Umvtwy gO000recr��o X kc.� NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT. WORTHf TX Non-Federal Reimbursable Agreement V78 Page 21 of 21