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HomeMy WebLinkAboutFederal Aviation Administration (FAA) 2019-11-05 Agreement Number AJW-FN-WSA-I8-WP-002564 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF UKIAH UKIAH MUNICIPAL AIRPORT UKIAH, CA WHEREAS, the Federal Aviation Administration(FAA) can furnish directly or by contract, material, supplies, equipment, and services which the Ukiah Municipal Airport(Sponsor)requires,has funds available for, and has determined should be obtained from the FAA; WHEREAS,it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA's mission; WHEREAS,the 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 Ukiah Municipal Airport. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation,joint venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to provide funding necessary to enable FAA Engineering and Technical Services for the Sponsor's Runway(RWY) 15133 Rehabilitation Project, which includes the replacement of the RWY 15 Visual Approach Slope Indicator(VASI) with a Precision Approach Path Indicator(PAPI), and the relocation and replacement of the Nan-Federal Reimbursable Agreement V88 July 10,2019 Page i of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 Runway End Identifier Lights(REIL) on RWY 15 and RWY 33. This Agreement provides funding for the FAA to establish these services. Therefore,this Agreement is titled: Ukiah,CA(UKI) Engineering Design Review and Oversight Support for Runway 15 VASI replacement and Runway 15 and 33 REIL relocation/replacement B. The FAA will perform the following activities: 1. Coordinate in advance with airport project stakeholders, and participate in project planning and construction meetings. 2. Review the airport's design plans for work affecting FAA facilities (RWY 15 VASI, RWY 15 REIL, and RWY 33 REIL, and related infrastructure). 3. Provide Resident Engineer oversight for work affecting FAA facilities (RWY 15 VASI, RWY 15 REIL, and RWY 33 REIL, and related infrastructure). 4. Provide a LED PAPI (equipment only). 5. Provide incandescent REILs for both RWY 15 and 33 (equipment only). 6. Submit National Flight Data Center(NFDC)data required for RWY 15 VASI, RWY 15 REIL, and RWY 33 REIL. 7. The local FAA System Support Center(SSC)will coordinate and execute required shutdown and restoration of affected FAA facilities. The local FAA SSC will de-energize or disable the FAA's operational equipment prior to any work being done that would affect these facilities. 8. Perform the necessary system checks and tests to ensure that the relocated systems are operational and in compliance with FAA standards, and Perform the Contractor Acceptance Inspection(s) with the airport or airport's representatives. 9. Provide, coordinate, and provide support for, flight inspection services required for RWY 15 VASI, RWY 15 REIL, and RWY 33 REIL in coordination with other flight inspections required following runway construction. 10. Complete Joint Acceptance Inspection(s) (JAI) with local FAA offices (SSC) in order to turn the facilities over for standard operations and maintenance 11. Provide shutdown and restoral services for any impacted FAA equipment. Non-Federal Reimbursable Agreement V88 July 10,2019 Page 2 of 12 Agreement Number AM-FN-WSA-18-WP-002564 C. The Sponsor will perform the following activities: 1. Coordinate in advance with FAA project stakeholders, and allow FAA participation in project planning and construction meetings. Provide regular schedule updates to the FAA. 2. The Airport is to schedule the FAA work to be continuous without any disruptions or breaks during the overall construction period. 3. Provide a full schedule showing periods where the existing FAA equipment will be impacted. 4. Coordinate directly with the local FAA SSC for any work that may affect existing FAA operational facilities. 5. Allow FAA Engineering Services(ES)personnel who are associated with the project to access the worksite independently. This includes airport gate access, any required stickers or placards needed for government owned or leased vehicles (vehicles may be continuously changing and/or unmarked with State license plates), and provisions for any required training necessary for badging. FAA Engineering Services personnel do not use the local FAA SSC for escorts or access. 6. Provide parking at the airport for Government owned and leased vehicles that are used for work associated with this project. 7. Perform the siting and design for work affecting FAA facilities (RWY 15 VASI, RWY 15 REIL, and RWY 33 REIL, and related infrastructure). 8. Incorporate the requirements and recommendations made by the FAA into the airport's design drawings and specification where FAA-owned systems are impacted. 9. Provide the Airport Operator's Construction Safety and Phasing Plan(CSPP)to the FAA. Per AC-15015370-2F, the airport operator is responsible for developing the CSPP. 10. Ensure that PAPI/VASI Obstacle Clearance Surface is clear(per FAA Order 6850.2B). 11. Provide coordinates and elevations of the existing and ultimate runway.`taxiway configuration- including end of runway, landing threshold, and any displaced threshold information. This includes providing the topography along the runway centerline at 100ft max intervals for the length of the runway. Non-Federal Reimbursable Agreement V88 July 10,2019 Page 3 of 12 Agreement Number AJW-FN-WSA-18-WP-002564 12. FAA facility design, FAA facility layout,distribution of work, sequencing and scheduling of work, information needed for procedure and publication of affected FAA facilities, acquisition of required materials, and approval for airport work on the affected FAA facilities; shall be coordinated directly between the FAA Implementation/Project Engineer and the Sponsor and/or the Sponsor's Engineering Consultant. 13. Provide the existing and ultimate dimensions of the runway and taxiway safety areas and object free areas. 14. Provide a full set of construction plans and specifications, including scaled electronic drawings, showing the proposed airport work where FAA facilities are impacted. 15. Provide drawings delivered directly via PDF format(as opposed to access via a server or website) and include only those that are relevant to the FAA work. 16. Perform all construction required to replace RWY 15 VASI with an LED PAPI, replace RWY 15 and 33 REILs, and the construction of supporting infrastructure for these facilities. 17. Coordinate with the local power company to move the existing FAA meter to a new location that can be mutually agreed upon. Design and build a new power meter pedestal including a rack that can support the power to the Runway 15 REIL and PAPI. All existing power cables can be abandoned in place. 18. Remove any unused excess foundations, raceways, cables, and above ground structures associated with the old VASI and REIL equipment, and restore the surrounding grade and compaction to a condition acceptable to the airport. 19. Obtain all necessary permits, waivers, and licenses as required to perform construction. 20. Participate in Contractor Acceptance Inspection(s) (CAI) and prepare a plan for correction of any items identified as not acceptable by the FAA. 21. Provide FAA redlined drawings to the FAA Engineer on Record at the time of FAA acceptance. In addition, the Sponsor will provide the FAA three bound(3- ring binder) sets of"As-Built" drawings in hard copy,plus three electronic copies in .pdf and Micro-Station or AutoCAD 2010 (or earlier version). The"As-Built" will be in accordance with FAA STD 002G. 22. Correct any deficiencies identified by the FAA to be unacceptable within 30 days. The Sponsor will be responsible for all costs associated with the corrections. If deficiencies are not corrected within 30 days, the FAA may take corrective action at the Sponsor's expense. Non-Federal Reimbursable Agreement V88 July 10,2019 Page 4 of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 23. Submit FAA Form 7460-1 titled "Notice of Proposed Construction or Alteration" for FAA facility relocations. Allow eight weeks for FAA review. Approval by FAA must be obtained prior to any construction. 24. 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 on the OE/AAA website. 25. Sponsor shall provide the Airport Operator's Construction Safety and Phasing Plan(CSPP)to the FAA. Per AC-15015370-2G, the airport operator is responsible for developing the CSPP. D. This agreement is in whole or in part funded with funding from an AIP grant [] Yes [X] No. If Yes,the grant date is: and the grant number is: If the grant information is not available at the time of agreement execution,the Sponsor will provide the grant information to the FAA when it becomes available. ARTICLE 4. Points of Contact A. FAA: 1. The FAA Western Service Area,Planning and Requirements Group,NAS Planning and Integration team will provide administrative oversight of this Agreement. Matt Robertson is the FAA Lead Planner and liaison with the Sponsor who can be reached at(206)231-2855 or via email at matthew.d.robertsonCWfaa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost,period of performance, or other terms and conditions of this Agreement. 2. The Western Service Area, NAVAIDS Construction/Installation Center B - Los Angeles will perform the scope of work included in this Agreement. Doug Lee is the Engineer and liaison with the Sponsor and can be reached at(424) 255-0273 or via email at dong.lee@.faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 3. FAA Contracting Officer: The execution, amendment, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Brad Logan who can be reached at(817) 222-4395 or via email at brad.logan[u)faa.gov. Non-Federal Reimbursable Agreement V88 July 10,2019 page 5 of 12 Agreement Number A.TW-FN-WSA-I8-WP-002564 B. Sponsor: Ukiah Municipal Airport Attn: Greg Owen 1403 S. State Street Ukiah,CA 95482 gowen@cityofukiah.com 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 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 Non-Federal Reimbursable Agreement V88 July 10,2019 Page 6 of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 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 5 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. ARTICLE 7. Estimated Casts The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST Labor WB4020 Engineering $78,280.04 WB4030 Environmental and Occupation $8,846.00 WB4050 Construction $44,718.52 WB4060 Site Preparation/Installation $38,755.52 W134070 Joint Acceptance Inspection $23,883.00 Labor Subtotal $194,483.08 Labor Overhead $30,793.15 Total Labor $225 276.23 Nan-Labor W134020, WB4050,WB4070 Travel $47,751.86 W134060 Services $13,048.00 Non-Labor Subtotal $60,799.86 Non-Labor Overhead $4,863.99 Total Non-Labor $65 663.85 TOTAL ESTIMATED COST $290,940.08 Non-Federal Reimbursable Agreement VBB July 10,2019 Page 7 of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 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. This Agreement will not extend more than five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non-interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S. Treasury guidelines, refunds under$1.00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than$1.00. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Reimbursable Receipts team is identified by the FAA as the billing office for this Agreement. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt- processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. When submitting funding by mail, the Sponsor must include a copy of the executed Agreement and the full advance payment. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt-processing delay of up to 10 working days. FAA payment remittance address using USPS or overnight method is: Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave S.W. Attn: Rm 612 Washington D.C. 20591 Phone: (202) 267-1307 Non-Federal Reimbursable Agreement V88 July 10,2019 Page 8 of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: Ukiah Municipal Airport Attn: Greg Owen 1403 S. State Street Ukiah, CA 95482 gowen[d,cityofukiah.com D. The FAA will provide a quarterly Statement of Account of costs incurred against the advance payment. E. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. ARTICLE 10. Changes and Amendments Changes and/or amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any party to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either 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 Non-Federal Reimbursable Agreement V88 July 10,2019 Page 9 of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 reimbursable under this Agreement,not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence If attachments are included in this Agreement and in the event of any inconsistency between the attachments and the terms of this Agreement, the inconsistency will be resolved by giving preference in the following order: A. This Agreement B. The attachments ARTICLE 13. Legal Authority This Agreement is entered into under 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 V88 July 10,2019 Page 10 of 12 Agreement Number AJW-FN-WSA-18-WP-002564 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 Iiability 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. RESERVED ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary,privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement,the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3,14.2.1, Contractor Personnel Suitability Requirements are met. Non-Federal Reimbursable Agreement V88 July 10,2019 Page 11 of 12 Agreement Number AJW-FN-WSA-I8-WP-002564 ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties,who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor,the terms contained and set forth in this Agreement shall be null and void. AGREED: FEDERAL AVIATION UKIAH MUNICIPAL AIRPORT ADMINISTRATION SIGNATURE SIGNATURE NAME _ Bradley K. Logan NAME Sage 4angiacorno TITLE Contracting Officer TITLE City Manager DATE DATE j I-5 —I ct Non-Federal Reimbursable Agreement V88 July 10,2019 Page 12 of 12