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HomeMy WebLinkAboutC2011-399 - 9/27/2011 - ApprovedAgreement "Number AJW-FN-CSA-11-2050 NON-FEDERAL REMBURSABLE. AGREEMENT Wla�� DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION AMUNISTRATION Ma VVIIEREAS, the Federal Aviation Administration(FAA) fum directly or by contract material, supplies, equipment, and services which City of Corpus Christi Texas (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 supplies, equipment, and services is minimal; the proposed activity M11 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 agency's rMissiow, 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 US.C. 1060)(6) on such terms and conditions as the Admini�grator. may consider necessary; NOW THEREFORE, the FAA aid .the .Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA and City of Corpus Christi. ARTICLE 2. Type of Agreement. This Agreement is an "other transaction" authorized - under 49 U.&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 initiate FAA technical services, consultation, engineering review.and evaluation of the Sponsor's design, site visits. cost -estimates, and planning to support the Sponsor's project to extend the approach end of Runway 17 by appro-ximately 600 feet, .displace the Runway 35 threshold a distance of 600 feet. extend the approach end of Runway 13 2011-3991 09/27/11 Res 029226 FAA I N D 1 E* %AJED Agreement Number A " - N- CSA.4l -2'050 by approximately 1,600 feet, and di place the Runway 31 threshold a distance of 1,000 feet at the Corpus Christi International. Airport. These improvements will enhance airfield safety by improving aircraft ground movement and elating the risks of incursion associated with converging runways thereby benefiting the public and the FAA, Additionally, this agreennent facilitates FAA engineering evaluation of the Sponsor's design to modify impacted FAA facilities and associated, taxiways and supporting roadways. The FAA and the Sponsorrecug;nize that this project may afford. a target of Opportunity to replace the existing FAA equipment with new equipment. consistent with current FAA standards and technology. Either agreements may follow to include the construction support, electronic installation, and flight inspection of the impacted FAA systems. The project may require decommissioning relocation, or establishment :of numerous FAA navi;ational aids systems A:VAIDS) facilities and the fa.cilities'in rastructure., such as power lines, cables, ducts, and. other system distribution items and components. Specifically, the impacted FAA airfield equipment has been identified as follows: Runway 17 • Replace and :relocate the Ornnidir..ectional.Approach Lighting System (ORALS) with a. Medium- intensity Approach Lighting System with Runway Alignment indicator Lights (MALSR) and MALSR Shelter • Relocate Precision Approach Path ndicator (PAPI) Runway 35 • Replace and relocate the IMALSR and establish a NINLSR,shelter • Relocate the existing Glide Slope (GS) and shelter •. Relocate the existing, Locahzer (LOO) and shelter • Relocate the touchdown Runway Visual Range (RVR) • Relocate the existing.Distance Measuring Equipment (DME) Runway l 3 • Replace and relocate the MALSR and establish; a MALSR shelter • Relocate the existing EIS and shelter • Relocate the existing LOC and shelter • Relocate the touchdown RVR • Relocate the existing DME • Relocate existing PAN • Re- establish power to the .Automated Surface Observing System {ASOS) 2 Agreement Ntunber AJW-FN-C SA- 11 -2D5 Q Runwa yM • Replace and relocate the MALSR and replace the existing MALSR shelter • Relocate the existing LOC and shelter • Relocate the existing PAPT This project also allows for an FAA engineering evaluation of the Sponsor's design to replace the Runway 17 ODALS a MALSR, and replace . ace the existing MALSRs on Runways 13, 3:1,and 35 with; new MALSRs. Currently, - there are no new FAA MALSR systems available to replace the existing systems. However, the Sponsor intends to proceed with engineering. design.based on the possibility that new 11ALSR systems will become available, If FAA MALSR - systems do become.availahle the design portion of this project, the Sponsor will remove the existing FAA ORALS and MALSR systems and install the new MALSR systems at the Sponsor's expense. If new MALSR systems do not become available ftorn the FAA, the Sponsor will modify the design to reflect relocation of all FAA systems or acquire the replacement systems, at the Sponsor's expense. This Agreement provides funding for the FAA to establish these services. Therefore, thisAgreement - titled: is "Engineering Only - Relocate and/or Replace FAA Equipment in Support of Modifying Runways 17,35,13, and 31 at the Corpus Christi International Airport, Corpus Christi, Texasil B. The FAA will perfbTrn the following activities: 1. Provide all technical assistance necessary to ensure that t Sponsoes project meets all applicable FAA rubs re lat ions, otders, requirements, standards, and specifications. 2. Provide. FAA standard drawrings, specifications, and directives for use by the Sponsor in accomplishing its design of the project. a. Meet with the Sponsor as required to coordinate and discuss project planning and engineering. 4. Perform engineering design reviews of the Sponsor's plans and specifications in support of the Sponsor's construction project. The FAA Will provide three review cycles, one each at 35%, 65%:and 100% phases of the Sponsor's design plans and specifications. The FAA will have twenty-one. (21) calendar . days from. date of receipt to submit comments back to the Sponsor. The Sponsor's design plans and specifications. are not final until the FAA has notified. the Sponsor that all of the FAA's comments, suggestions, and/or requirements have been incorporated into the design plans and specifications. 5. Perform the electronics engineering for the relocated facilities.. Electronics engineering will include but is not limited to performing site surveys, coordinating project details and scope, reviewi equipment documentation,, reviewing orders, Agreement Number A.JW FN -CSA -1 1-2050 providing, specifications,, submitting frequency requests, submitting telco.requeas,. and developing installation materials lists. 6. :determine if an Environmental Due Diligence Audit (EDDA) is required,. C. The Sponsor will perform the following activities: 1. Provide all funding necessary for this Agreement. 2. Develop the plans and specifications, with FAA part' ipation.and approval, for any changes to FAA facilities, systems, and equipment necessitated by the Sponsoes project. Scope of work includes, but is not limited to: siting of the facilities; plot site preparation work (i.e. siting, trenching, grading, filing, foundations, power, etc.); and relocation of the impacted FAA NAAVAID facilities, shelters, and supporting infxastructure. 3. Provide engineering design to FAA systems, to include but not be limited to, providing generic design drawings and specifications, review project chap, drawings, preparation of project Transmittals, technical assistance, submission of utility requests, and processing lease modifications. 4. Provide copies of the proposed grading plan and profile infatrnation. 5. Provide to the FAA for the FAA's coordination and review three (3) sets of American National Standard (ANSI) size "D" design drawings, lour (4) sets of 11" X 1:7" drawings and specifications in hard -copy format, and one (1) set of electronic format plans and specifications of the project at the 35 %, 65% and 100% design phases. The FAA will have twenty -cane (2 1) calendar days from date of treceipt to submit comments back to the Sponsor. Within twenty-one `(21) working days of receipt of the FAA's comments, or within such other perio. d as the parties may agree,. the Sponsor will provide to the FAA a written response to each of the FAA's comments., suggestions, and,requirements. No construction may begin prior to. receipt of FAA design approval. The design drawings and specifications shall. be sent to the following address: FAA Central Service Center Engineering Services ATTN. 11!]Catt Bunke, A ' -C14C 2601 Meacham Boulevard Fart Worth, Texas 76137 6. Address FAA's. cornnnents during the design review and advise FAA of any proposed changes before and during construction. No construction may begin prior to receipt of FAA design approval. 4 Agreement. Number A3W- FN- CSA -11 -2050 7. Provide to the FAA the proposed schedule for the enginceri g and construction phases of the project within thirty (30) days of'the start of the project's design. Additionally, the following delineated tasks shall.be.updated every three months or as the engineering and construction schedules changes a. Start of the project's design, b. Completion of the project's design, c. Date Sponsor's construction project is submitted to the public for bid, d. Award date and entity awarded construction of Sponsor's project, e. Date construction of Sponsor's project is to start, and f Date construction of Sponso'r's project.is to be completed. 8. Submit airspace studies for the Runway modificationsas required. 9. Acquire all real estate necessary for execution of the runway modifications, including real estate necessary for relocated FAA. facilities. 10. provide to the FAA the legal description, plot definition, and topographical survey, including latitude and longitude, of the new facilities' locations,: including any restricted areas and easements fox access and utilities (water, power, gas, communications etc,), as required. All lease and easement agreements shall be fully executed between. the Sponsor and the FAA prior to the commencement of any construction under this Agreement. 11. Provide any information on hazardous materials or tither ehvirortmental conditions that may impact the FAA facilities: Provide EDDA and NEPA documentation for FAA facilities prier to the commencement ofany construction. The Environmental. Studies shall be in accordance with all federal, state, and local regulations, and FAA Orders. Provide Phase I EDDA documentation for new facility lease areas. Environmental Studies must be completed and reviewed'by the FAA prior to the commencement of any construction. Provide Phase II and Phase III Environmental Studies as required by federal, state, and local regulations, FAA Orders, and as deemed _necessary by the FAA:. Environmental Studies shall, at a minimum, document the source and extent of any petroleum products or Hazardous material impacts to the environment. The Sponsor agrees to investigate and.rermediate, at, its stile cost, all petroleum or hazardous material impacts pri r to construction and FAA, lease acceptance. 12. Provide unencumbered access to all FAA facilities and proposed relocations. AR'T'ICLE 4. Paints of Contaci G 1. The Technical Operations Central Service Area will perform the Scope of Work included in this Agreerhent. Matt Bunke -is the Technical Eng neer:and liaison 5 Agreement Dumber AT- FN- CSA -11 -2050 with the Sponsor and can be reached at (817) 222.4129. This liaison is not authorized to make any commitment., or otherwise obligate. the FAA; or authorize any changes which affect the estimated east, period Of perfon ante, or other terms and conditions of this Agreement_ 2. FAA Contracting {officer: The execution, modification, acrd administration of this Agreement. must be authorized and accomplisEhed by the Contracting Officer, Bradley K. Logan who can be reached at (g 17) 222 - 4395. B. Sponsor: City of Corpus Christi, Texas ATTN. Fred Segundo 1000 International Drive, Corpus Christi, `I°X 78406 (361) 289 -0171 ext. 1213 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 "andlor operations characteristics of a 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 vaitten 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 FAA. will determine funding responsibility, ARTICLE 6. Transfer Agreement A. To the extent that. the Sponsor provides any, material associated with the project. all such material (buildings, equipment, systems, components,, cable, .enclosu s,,etc;) will become the property of the . FAA. The Sponsor will enter into. a transfer° agreement with the FAA for all real and personal property being transferred to the FAA for conveyance of ownership. The Sponsor will provide aline item property listing in tabular format, consisting. of all real and personal property that will be included in the Project. Peal property irnprovemenIts will be identified by each line item and east (e.g., foundation size, building type and dimensions, systems., composition of access road and parking, linear feet of fencing and calling; etc.) Personal property} listing wilt miclude the bar code number (where applicable), manufacturer, full item description, part number and/or serial number, .quantity, model number, cost, funding appropriation, etc. The cost data fdr each item will. be supported by a copy of the original invoice or billing.statem=t and a copy of the construction. contract along with verification of the contract acceptance date. 0 Agreement Number A TW- FIJI- CSA -1.1 -2050 B. The itemized cost data will be compiled into FAA. Form 4650 - 12(1/99), Material Transfer/Receipt Document. This completed document piovides an :opportunity for the FAA (whenever possible) to verify equipment accountability; to assign national or local stack numbers; to determine the breakout of installed facility ecln pm4�nt;'to establish line item accountable property and to assign bar codes to specific equipment prior to it being recorded in.property records..roint s gn�res are required from bath the Sponsor and the FAA Property t ust than on the FAA Form 4650 - 12(1199) prier to recordation of the assets in the FAA's property system. ARTICLE 7. Estimated Cost. The estimated FAA .costs associated with this project are as `follows: Reimbursable Agreement Detailed Pra'ect Cost Estimate Corpus Christi, TX AJW- FN- CSA -11 -2(150 Estimated Cast Description of Reimbursable Item Labor (Inc 26.5 % Overhea Engineering WB4020 $ Environmental/OSHA Review. WB4030. $41.,851.00 Local Su ort WB4060 . $11,957.00' Total Caber $181;967.00 Other 0!b Ets Travel WB4020, WB4030 $9 Subtotal of Othe Ob "ects : X9,818.00 26.5% Overhead (Other Objects) $1601.37 Total Other ONeets. $12 Total Labor $181,967,00 Grand Total 5194 86.77 ARTICLE S. Period of Agreement and Effective Date This Agreement supersedes and nullifies any previous Agreements between the parties on the subject matter. The effective date of this Agreement is the da#e of the last signature. The Agreement is considered complete when the fi 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. Gender no circumstances will this Agreement extend fire years beyond its effective date. 7 Agreement Number AJW- FN- CSA- 11 -2050 .ARTICLE 9. Reimbursement and Amounting 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 'full advance payment in.the am tit stated in Article 7 to the Accounting Division listed in S "cction C of this Article. The advance payment will be held as a non- interest bearing deposit. Such advance payment by the Sponsor mast be received before the FAA. incurs any obligation to implement this Agreement. B. The Sponsor certifi that arrangements for st icient funding have been made. to cover the estimated costs. of the Agreement, C. The Accounting Division is. identified by the FAA as the milling office for this Agreement, The Sponsor will. send a, copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments roust include the Agreement number, Agreenitnt. name, Sponsor name, and project location. The mailing address is: FAA -- Mike Monroney Aeronautical Center ATTN: AMZ -330, Reiinbursabte Project Tarn P.O. Box 25082 Oklahoma City OK 73125 The overnight gnarling, address is: DOT/FAA/Mike Monroney Aeronautical Center AMZ -330 Reimbursable Project Tea_ rrm 61500 S. MacArthur Blvd. Oklahoma City Off. 73169 Telephone (405) 954 -6724 The Sponsor hereby identifies the office to which the FAA will under bills for the project costs incurred as: City of Corpus Christi, Texas ATTN: Fred Segundo 1000 International Drive, Corpus Christi, TX 78406 (361) 283 -0171 ext. 1213 D. The FAA will provide a quarrterly Statement of Account of costs `incurred against the advance payment. E. The cost estimates contained in. Article 7 are expected: to be the;rnaxi um.cost associated with this Agreement but may be modified to recover the FAA's actual cost, If during the course of this Agreement actual cosh are expected to exceed the 8 , Agreemert Nuraber AJW -FN-CSA= l 1 -2050 estimated costs, the FAA will notify the Sponsor immediately.. The FAA will also provide the Sponsor a modification to the Agreernenvmihich includes the FAA's' additional costs. The Sponsor agrees to prepay the entire , esdinate.d.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. 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 casts 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 refiand has been sent. 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 anytime prior to its expiration date; with or without cause, and without incurring any liability or obligation to the terminated pasty 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 cast 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 tale immediate steps to stop the accrual of any additional obligations, which Haight require payment, All hoods due aver termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence (Not: Used) ARTICLE 13. Legal Authority This Agreement is entered into under the authority of 49 U.S.C. `§ 106(l)(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 carryout the 1 Agreement Number A.I `_FN- CSA -11 -2050 functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate. clothing in this Agreement will be construed as incorporating by reference or implication and 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 alternafiive dispute resolution will be filial 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 finial and binding (see 49 U.S.C. § 461.10). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular. - Purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance; or Otherwise for the full protection cif itself from and against :all liability to third parries 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 etrrpl.oyees, car contractors or any third- party acting on its behalf ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indenu iiify 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 off = agent, or ernployee of the FAA. acting within the scope of ibis or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U. &C. § 2671_ sec} -, will control. The FAA assumes no liability for any losses arising out € f. 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 10 Agreement Number AI- F - CSA -11 -2050 AR'T'ICLE 18. Civil Rights Act The Sponsor will comply vAth Title V1 of the Civil Rights:Actof 1 relating to. nondiscrimination in federally assisted programs. ARTICLE lg. Protection ofInformation 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 wader this Agreemenl the FAA is responsible for ensuring that security requirements, including compliance with. AM s clause 3.14 -2, Contractor Personnel Suitability Regi rements (January 2011) 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 dill s persed 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 ©Hier. If this.Agreement. is not executed by the Sponsor within 100 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 ADMINISTRATION CITY OF C.t RPUS.'CIUSTI,. TEXAS CORPUS CHRISTI INTERNATIONAL AIRPORT €. • _ S ri TITLE Contractigc Offied DATE to v SICATIRE. NAME TITLE DA'Z'E eY C€t 4CI 0