HomeMy WebLinkAbout2001-10-22 01-404 ORDERDate: 10.22-01
item/Subject Order, Authorizing Exeofion of a Memorandum of Agreement Between the Federal
Aviation Administration and the City of Bangor — Agreement No. DWA12-01-X-MGI
Responsible DeparimerH: Airport
The purpose of this agreement is to authorize the FPA to proceed in the planning, design, and
installation of various light ng and naWgadon equipment and facilities at the Airport. Under the
agreement, the Cty will reimburse the FPA for the work performed. Funding for the project will also
be provided by the FM from capital sources. There will be no direct expenses to the Airport.
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Manager's Comments:
This has been reviewed by the Business and Economic Development Committee which recommends
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CAy Manager
Associated InFomration: Agre meet
Legal Approval
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CITY OF BANGOR
CT Ej Order, Authorizing Execution of a Memorandum of Agreement Between the Federal
Aviation Administration and the City of Bangor—Agreement No. DTFA12-01-BANGI.
ORDERED,
That the Acting Airport Director is hereby authorized to execute a memorandum of agreement
between the Federal Aviation Administratlon and the City of Bangor— Agreement No. DTFA12-
01-BANGI.
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October 23. 2001
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01-404
MEMORANDUM OF AGREEMENT
Between
Federal Aviation Administration
And
THE CITY OF BANGOR, MAINE
Agreement No. DTFA12-01-X-BANGI
ARTICLE I. PARTIES
The parties b this Agreement are the Federal Aviation Administration (FAA) and the City of
Bangor, Maine (Project Sponsor).
ARTICLE 2. SCOPE
a. Purpose:
The purpose of&is Agreement between the FAA and the Project Sponsor is to bave the Project
Sponsor reimburse the FAA for vests incurred in support of the planning, design, and
installation of various lighfing and novigation equipment and fxilifies at Bangor International
Airport.
b. Type of Agreement
This Agreement is an "other transaction." It is not intended to be, nor shall it be consmred as, a
partnership, corporation, or other business organization.
c. Specific goals and objectives to be accomplished:
The FAA will assist in planning, designing, and installing rtavigation and lighting equipment and
facilities. New facilities must be troubled and/or existing facilities relocated and/or upgraded, to
support the project -phasing plan.
d. Management oftbe project:
The FAA will have final approval authority ofthe project design and specification dowing
package. The Project Sponsor will have sole management responsibility over the project.
e. Rales and responsibilities:
The parties agree to perform the contributions described in Article 4, below, and to undertake
dis cooperative effort in accordance with the temrs and conditions of dos Agreement. Both
parties are bound by a duty of good faith and best effort in achieving the goals of this
Agreement.
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ARTICLE 3. PROJECT DESCRIPTION
Dec to the Project Sponsor's planned reconstruction of Runway I5-33, narrowing the runway,
and regrading the Runway 33 approach end safety area, several FAA owned landing and lighting
vds will need woe relocated to correlate in the new runway configuration. The Project activities
include:
a Instrument Lending System
1. Relocate the Runway 15 Instrument Lending System (ILS) localizer.
2. Re -calibrate the Runway Visual Range (RVR) to accommodate airfield elecuical power
configuration changes.
3. Install a temporary Localiur to serve Runways 15 and 33.
b. Lighting Systems.
I. Relocate the Runway 33 Medium Intensity Approach Lighting System with Runway
alignment indicator lights (MALSR) threshold bar and the in pavement MALSR stations'
foundations, light cans and conduits. (Note Naz all other work related to the Runway 33
MALSR will be performed most a separate FAA funded Facilities and Engineering Project.)
2. Relocate the Runway 15 and 33 Precision Approach Path Indicator (DAPI).
3. Reconligure the Runway 15 Approach Lighting System with Sequenced Flashers (ALSF-2)
threshold bar to align with the narrowed runway widdr.
c. Infrastructure
1. Upgrade electric vaults, and power and control cables. When appropriate improve diversity -
and eliminate single points of failure.
2. Upgrade orestablishpaved accessroadstoprovidemamomanceaecess for selected Airport
ILS and lighting equipment.
ARTICLE 4. CONTRIBUTIONS OF THE PARTIES:
a. The FAA shall perform the following services at the Project Spodsor's expense:
1. Provide pertinent generic installation and site specific reference drawings if requested by the
Project Sponsor.
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2. Provide guidance and review design drawings and specifications for the AIP Project. The
design drawings shall be reviewed at the 50%, 90% and I Was, submittals.
3. Prepare the engineering designs and specifications for the following facilities:
3A. Runway 15 Locelizer antenna focused on the RW 33 approach end).
3B. Temporary Runway 33 and 15 Localizer antenna
3C. Runway 15 ALSF-2 threshold bar
31). Runway 15 and 33 PAPI's.
These designs arM specifications shall be submitted to the project sponsor for inclusion in
the entire AIP construction package
4. Prepare and submit a National Change Proposal (NCP) for the temporary non -sander!
location of the PAPI's.
5. Conduct an engineering study to evaluate the feasibility to sequentially install a temporary
Local',.r for either Runways 15 and 33.
6. Reconfigure the Runway 15 ALSF-2 tlueshold bar monitoring.
7. Provide a Resident Engineer (RE) during construction, as required, to ensure that sites,
facilities, and equipment are installed in accordance with FAA specifications. The RE shall
be on-site or otherwise available during o nsimuction hours from the Notice to Proceed unfit
all construction punch lin items are completed. The RB shall serve as the FAA f al point
for all project questions but shall have no contractual relationship with the spumou's
contractors. The RE shall interface with the Project Sponsor's designated representative
(single point of contact) as provided in Article 4, paragraph b-7. -
* Provide a Technical On-site Representative (TGR) to remove and/or document the
electronic equipment from the old facilities. The TOR will elan install electronic equipment,
connect power and communications to the electronics equipment, and tune up the electronics
and lights in the new and relocated facilities. The TOR shall be on-site during construction
hours for electronics and lighting installation until the facilities pass flight inspection or are
restored to service for the following systems.
BA. The temporary Localizers to serve Runways 33 and 15. (This will only he
accomplished if it is determined feasible by the engineering study and it is murnily
agreed upon by all parties.)
8B. The ILS consisting of Localizeq Glide Slope, Middle Marker and Locator Outer
Marker to serve Runway 33.
8C. The ILS consisting of Localiur, Glide Slope, DMF, Inner Marker, Middle Marker,
and Outer Marker in serve Runway 15.
8D. The Runway 15-33 RVR's
8E. The Runway 15 ALSF-2
8F. Precision Approach Path Indicators (PAPP for Runways 15
SG, Precision Approach Path Indicators (PAPI) for Runways 33
9. Conduct a Joint Acceptance Inspection (JAI) of all rehashed facilities in order to identify and
correct construction punch list items on each new or relocated facility, in coordination with
the Systems Management Office (SMO) and the Project Sponsor.
10. Work with the project Sponsor and obtain new leases for the above named facility locations
and [aminate unnecessary leases for the old sites, prepare any necessary drawings and
property descriptions for each new site.
ll. Flight check those retreated and temporary facilities requiring flight inspection.
12. Coordinate the retreated or modified equipment locations with the Boston Flight Procedures
Office (PPO) and Air Traffic. Prepare and coordinate appropriate site selection letters and
data.
b. The Project Sponsor Shall:
1. Provide all available site specific airport reference drawings, to include topographic maps,
runway onialine profiles, airport layout plans, and p ject specifications for FAA review.
2. Provide conmvniin design drawings and specifications than comply with FAA design
criteria for review by FAA for at least the SIPS, 90% and 100% submittal points. The 50%
drawing package will be a comprehensive set in include all elements of the total project.
3. Obtain all necessary environmental, construction, and other permits as required.
4. Acquire all necessary offairporl land rights at no cast to the FAA.
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5. Accomplish all contracting, construction, and installation (except for tasks fisted in Article
4a, paragraph 8) work for die following FAA owned equipment and facilities;
5A. Runway 15 Localizes Antenna
5B. Temporary Localizer for Runways 15 and 33 (Ifnexssmy).
5C. Runway 33 MALBR threshold bar and light stations in the safely erect (}.imbed to
foundations, light cans and conduits).
5D. Runway 15 A1,SF-2 threshold bar
SE. Runway 15 and 33 PAPI
6. Infrastructure
6A. Provide all eleoldc power and control facilities, including but not limited to, Fewer,
communications and control, conduits and/or cables, and transformers. When applicable,
disconnect and reconnect power and control cables to FAA owned equipment
6B. Provide paved access roads for maintenance access to selected Airport ILS and lighting
eximpment affected by this AIP Project
7. Provide a designated representative who shall be available to the FAA during the plarmita&
design and construction phasex flais representative shall interface with the FAA through the
Resident Engineer (single point of contact) as provided in Article 4 paragraph a 7. This
representative shall be responsible for addressing FAA concerns to the Project Sponsor and
its contractors.
8. Participate in the JAI and correct JAI exceptions.
9. Provide "as -built" drawings to the FAA in paper and computer aided engineering graphics
(CAEO) electronic file format (M)crostation Design File) or Auto Cad 14 limited ro FAA
elements.
10. Pay the FAA for work performed in accordance with Article 8 of this Agreement.
c. The FAA shall provide the following equipment in order to accomplish the actions Iismd in
Article 4.
1. Runway 33 MALSR threshold and safety area light station light cmvs.
2. One temporary Lowlier to serve either Runway 15 and 33
No other equipment shall be furnished through the FAA Logistics Center. No services or
supplies, other than Nose listed above, shall be furnished order this Agreement.
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d. The Project Sponsor shall provide the following equipment in order to accomplish the actions
listed in Article 4(Ah equipment must meet FAA specified requirements for each type of
equipmentlis[ad}
1. Transformers
All existing FAA owned electronic and structural materials temporarily removed and awaiting
relocation shall be stored in a secured site and per manufacturer's recommendations on site by
the Project Sponsor.
The effective date of this Agreement is the date on which it is signed by the FAA or the Project
Sponsor, whichever is later. This Agreement shall continue in effect until all work described in
this agreement is completed or until earlier terminated by the parties as provided herein.
ARTICLE 6. LEGAL AUTHORITY
Me Agreement is entered into under the authority of 49 U.S.C. 106(1) and (m), which
authorizes agreements and other transactions on such terms and conditions as the Administrator
determines necessary.
ARTICLE 7. POINTS OF CONTACT
FAA Program Offcelpechn'cal Officer
Mark Boyle
Federal Aviation Administration, ANI -120
12 New England Executive Park
Burlington MA 01803
Phone: (781) 238-7929
Product Sponsor (City of Banton
Ms, Rebecca Hupp
Acting Airport Director
Bangor International Airport
287 GodGey Boulevard
Burger, Maine (4401
Phone: (207) 947-0381
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FAA Contractine Officer
Kevin S. Hart
Federal Aviation Administration, ANE-55KH
12 New England Executive Park
Bu Ungtom MA 01803
Phone: (781) 238-7660
ARTICLE S. FUNDING AND PAYMENT
SECTION 1
1, The Project Sponsor will reimburse the FAA for the actual project costs incurred by the
FAA in famishing supplies, equipment and services under this agreement. Upon revocation
or temUnsmon of the agreement for any cause the Project Sponsor will reimburse the FAA
for all necessary liquidating expenses and At actual expenses incurred up to the date of
termination.
2. Administrative overhead will be assessed on each bill at the rare of twenty-six percent (26%)
in accordance with FAA Order 2500.35, Change 43 (Exhibit 1). This overhead represents
the cost to the FAA of those indim nt expenses which am a part of the cost of overhead
agency operations, and shall be adjusted automatically and without the necessity for formal
amendment of the agreement upon issuance of revised rates in said order.
3. The FAA hereby identifies the NEW ENGLAND REGION as the region assigned
responsibility for accomplisbment oftlris agreement.
The acccuming division contact identified by the FAA for billing Purposes is:
Ronald Mazza
Federal Aviation Administration
Accounting Division, AEA -23.2
JFK International Airport
JamoicarNY 11430
Upon Project Sponsor's receipt of invoice, payment shall be submitted to the FAA at the
billing address identified directly above.
SECTION 2
Payment of Costs
1. The estimated cost for the work described in Article 4 of this Memorandum of Agreement, is
as follows:
ot-4o4
Sub -Total: 5317,790
Overhead @26% S 82.625
Tots]: $ 00015
2. Payment for the work described in Article 4 of We Memorandum of Agreement and as
estimated above shall be paid when invoiced. For planning purposes the fiscal year spending
Plan is as follows:
15%($120,125) oftotal work will be Performed during FY 2001
65%($200,20]) ofmml work will be performed during FY 2002
20°/ ($80,083) of toad work will be performed during FY 2003
3. The Project Sponsor shall pay actual costs incurred. The FAA shall include invoices as
supporting documentation for actual costs incurred, The Agreement number DTFA-12-01-X-
BANGI shall be cited on all correspondence resolve to fiscal, contractual and technical members.
Billing requests shall be sent to:
Ms. Rebecca Hupp
Acting Airport Director
Bangor International Airport
287 Godfrey Boulevard
Bangor, Maine 04401
4. The amounts set forth in this agreement are serenades and will not necessarily reflect the
FAA's actual costs. If during the course of this agreement, actual costs are expected to exceed
the estimate, the FAA will notify the Project Sponsor as soon as Nis is known, but not less then
30 days prior to submission of the final billing. Regardless of the con estimate, however,
nothing in this agreement shell relieve the Project Sponsor of its obligation to reimburse the
FAA 100% of its actual costs.
FAA costs associated with this Project are expected to begin in April, 2001, with engineering
labor costs and associated expenses. Fallowing the fust invoice, the FAA will invoice she
Project Sponsor quarterly.
Payment for billings is due within sixty (60) calendar days of date of invoice. Late charges are
computed by multiplying the amount of the overdue payment by the Percentage rare prescribed
quarterly by the U.S. Treasury Department for each 30 day period or portion thereof, during
which payments are overdue.
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ARTICLE 9. TERMINATION
In addition to any other termination rights provided by this Agreement, either party may
hormote this Agreement at any time prior to its expiration date, with or without cause, and
without becoming any liability or obligation to the terminated party (other than payment of
amounts due and owing and performance of obligations seemed, in each case on or prior to the
termination date) by giving the other party at least thirty (30) days prior written notice of
monomer. In the event of such a terminator, the FAA will be reimbursed for all necessary
liquidating expenses and all actual costs incurred up to the date oftennination. Upon receipt ofa
come of termination, the receiving party shall take immediate steps to stop the accrual of any
additional obligations, which might require payment. Termination of this Agreement shall also
terminate all annexes, exhibits and appendices subsequently concluded by the parties subsequent
to this Agreement
ARTICLE 10. ORDER OF PRECEDENCE
In the event of any inconsistency between the terms of the Agreement, the inconsistency shall be
resolved by giving preference in the following order:
(a) The Agreement
(b)The Attachments,
ARTICLE 11. CONSTRUCTION OF THE AGREEMENT
This Agreement is an `other transaction" issued under 49 U.S.0 106 (1) and (m) is not a
procurement contract, grant or cooperative agreement Nothing in this Agreement shall be
conmued as inwrpomting by reference or implication any provision of federal acquisition law or
regulation.
Path party acknowledges that all parties hereto participated equally in the negotiation and
drafting of this Agreement and any amendments thereat, and that, accordingly, this Agreement
shall not be construed more stringently against one party than against the other.
ARTICLE 12. DBPUTES
Where possible, disputes will be resolved by informal discussion between the parties. In the
event the parties are unable to resolve any disagreement through good faith negotiations, the
dispute will be resolved by the FAA dispute resolution system at the Office of Dispute
Resolmion for Acquisition (ODRA) and shell be governed by the procedures set forth in 14
CT.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where
available, will be in aceordance with 49 U.S.C. Section 46110 and shall apply only to final
agency reference.
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E\li 1011 II AIMITM B-F1CM 1 I SS
The FAA makes no express or implied warranties as to any rrmher wising under this Agreement,
or as to the ownership, merchantability, or fitness for a particular purpose of my property,
including any equipment, device, or software that may be provided under Us Agreement.
ARTICLE 16. INSURANCE
The Project Sponsor sball arrange by insurance or otherwise for the full protection of the
Project Sponsor from and against all liability In third parties wising out of, or related to, its
performance of this Agreement The FAA assumes no liability under this Agreement for any
losses wising out of my action or inaction by the Project Sponsor, its employees, or contractors,
or my third party acting on its behalf The Project Sponsor agrees to bold the United Sates
Formless against any claim by third persons for injury, death or property damage wising out of or
in connection with its performance under this Agreement.
ARTICLE 15. LIJAPPATION OF LIABILITY
Claims for damages of any nature whatsoever pursued ander this Agreement shall be limited to
dvew damages. In no event sball the FAA be liable for claims for consequential, punitive,
special and incidental damages, claims for lost profits, or other indirect damages.
ARTICLE 16.OFFICIALS NOT TO BENEFIT
AMS Choose 31.5-1, "Officials Not to Benefif and Clause 3.2.54, "Disclosure Regarding
Payments to Influence Camara Federal Transactions" are attached hereto and incorporated by
ref ce into this Agreement.
ARTICLE V. PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect proprietary, privileged, or
otherwise confidential information that may come into their possession as a result of this
Agreement.
ARTICLE 18. GOVERNING LAW
The construction, validity, performance, and effect of this Agreement for all purposes shall he
governed by the laws applicable to the Government of the United Stores as interpreted and
applied by a federal court of the United Sates.
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ARTICLE 19. ENTIRE AGREEMENT
This Agreement and any annexes, exhibits, or appendices subsequently executed by the parties
hereto constitute the entire agreement between the partes concerning the subject matter of this
Agreement.
ARTICLE 20. READINGS
The titles and beadings of the articles of this Agreement or its annexes, exhibits, or appendices
we for the convenience of reference only and do not form apart of this Agreement and shall in
no way affect the interpretation thereof.
ARTICLE 2L WAIVERS
None of the provisions of ibis Agreement shall be considered waived by a party unless such
waiver is given in writing to the other party. The failure of a party to insist upon strict
performance of my of the terms and conditions of this Agreement or its annexes, exhibits, or
appendices, or the failure or delay to exercise any rights provided herein or by law, shall not be
deemed a waiver of any right by the party.
ARTICLE 22. SEVERABILITY
The illegality or invalidity of my provision of this Agreement shall not impair, affect, or
invalidate other provisions of this Agreement.
ARTICLE 23. ASSIGNMENT
This Agreement shall not be assigned by either party without the prior written consent of the
other party.
ARTICLE 24. AMENDMENT
This Agreement or its annexes, exhibits, or appendices may be amended by mutual wnseat of
the parties. The details of my such amendment shall be memorialized by written agreement
signed by both parties. The modification shall cite the subject Agreement, and shall state the
exact nature ofthe modification. No oral statement by any person shall be interpreted as
modifying or otherwise affecting the terms of this Agreement.
ply
ARTICLE M.
The parties to this Agreement are independent contractors and are not agents of each other, joint
ventures, partners or joint parties to a formal business organization of my kind. Neither party is
authorized or empowered to act on behalf of the other with regard to any contract, warranty or
representation as to any matte, and neither party will be bound by the was or conduct of the
other. Each party will maintain sole and exclusive control over its own persormel and
operations.
AGREED:
CiwofBannor Federal Aviation Administration
BY:
BY:
NAME:
Ms. Rebecca Huoo
NAME:
Kevin S. Hart
TIME,Actine
Airport Director
TITLE:
Comracting Officer