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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. uclpan�VnE rum Manager's Comments: This has been reviewed by the Business and Economic Development Committee which recommends yourapproval. z10 { CAy Manager Associated InFomration: Agre meet Legal Approval Cd Soli Inger X pass X PassageConsent _ First ReadiUing pdge_Of Referral _ A ignwwcw dbr tremble October 22, 2001 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. IB CITY WO IL October 23. 2001 Passed k v JEA 0&O E& MTLEmaunral darOfr ee Etarattaa of a Federal of NE[eeeeat 6ervem and Pedeml maug"kwintion- Administration and else H i � rW 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. 01-aW4 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. 2 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. '4V 01-604 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. -'r) 01-404 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 4za 01-604 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. 30 01- 04 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. 9 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. 01-604 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