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HomeMy WebLinkAboutFederal Aviation Administration - Shut Down and Restore Multiple Navigation and Visual Aids; Taxiway Project 3-53-0089-37 Agreement Number AJW -ON -W SA -14 -S 120 NON - FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF YAKIMA YAKIMA, WASHIGNTON In support of McAllister field Airport Project WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the City of Yakima (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 City of Yakima. 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 authority and funding for the FAA to shut down and restore multiple navigation and visual aids, in support of the Sponsor's taxiway A, B, and C project at the Yakima Air Terminal — Yakima, Mcallister Field, in Yakima, WA. Non - Federal Reimbursable Agreement V76 Page 1 of 8 7 August 2014 Agreement Number AJW- ON- WSA- 14 -S120 Therefore, this agreement is titled: Yakima, WA FAA ATSS Services Supporting Airport Project B. The FAA will perform the following activities: 1. The FAA will perform the following activities: 2 Provide 'a FAA technician to shut down all impacted FAA owned navigation and visual aids according to the sponsor's construction schedule for Runway 9/27 including but not limited to the list below : a. RWY 9 REIL b. RWY 9 VASI c. RWY 27 MALSR d. RWY 27 LOC e. RWY 27 GS 3. Provide a FAA technician to restore all impacted navigation and visual aids as soon as practicable upon completion of the runway project. 4. Perform all systems checks and tests to confirm the equipment is ready to be returned to service. 5. Coordinate any required flight check(s) and return all impacted equipment to service. 6. Notify the Sponsor of any potential moratoriums or periods where work stoppage becomes necessary or where, on a case -by -case basis, special approval will be required to work through the moratorium. 7. Provide the Sponsor with technician support for any unforeseen services that may be necessary as a result of the runway project. Services are subject to the availability of qualified FAA personnel needed at the time of requested service. C. The Sponsor will perform the following activities: 1. The Sponsor will perform the following activities: 2. Provide a detailed schedule of work for the Sponsor's runway project. 3. Notify the FAA not less than 45 days in advance of any required runway closures (full or partial). An Airport Sponsor Strategic Event Submission Form will satisfy this requirement for the initial notification and any schedule changes once construction has begun. 4. Notify the FAA of the project completion dates as early as possible to allow FAA to schedule and coordinate the final return to service of all impacted NAVAIDs. 5. Provide the FAA with access to the project site including any airport- specific security briefs or driving requirements or badging, for the purposes of site surveys, installation, construction inspection, equipment shut down/restoration or other activities. Non - Federal Reimbursable Agreement V76 Page 2 of 8 7 August 2014 • Agreement Number AJW -ON -W SA -14 -S 120 D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes [ ] No. If Yes, the grant date is: 9/30/2013 and the grant number is: 3 -53- 0089- 037 -2013 . ARTICLE 4. Points of Contact A. FAA: 1. The Columbia Basin SSC will perform the scope of work included in this Agreement. Timothy Strangeway is the Manager and liaison with the Sponsor and can be reached at 509- 943 -7431 or via email at timothy.strangeway @faa.gov. The Planner for this project is Andrea Chay. Andrea can be reached at 425- 203 -4788 or via email at andrea.chay @faa.gov. These liaisons are 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. FAA Contracting Officer: The execution, modification, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Erlinda Williams who can be reached at 425- 227 -2057 or via email at linda.c.williams @faa.gov. B. Sponsor: City of Yakima Attn: Robert Peterson 2406 West Washington Ave. Suite B Yakima, WA 98903 Phone: 509 -575- 6260/6149 Email: Robert.peterson @yakimaairterminal.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. Non - Federal Reimbursable Agreement V76 Page 3 of 8 7 August 2014 Agreement Number AJW -ON -W SA -14 -S 120 ARTICLE 6. Property Transfer — Reserved ARTICLE 7. Estimated Costs The estimated FAA costs associated with this Agreement are as follows: Description of Reimbursable Item Estimated Cost LABOR Technician Labor hours WB4020 $ 20,940.17 Labor Subtotal $ 20,940.17 Labor Overhead (17%) $ 3,559.83 Total Labor $ 24,500.00 TOTAL ESTIMATED COST $24, 500.00 ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section E of this Agreement. Under no circumstances will this Agreement extend five years beyond its effective date. 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 full advance payment in the amount stated in Article 7 to the Accounting Division listed in Section C of this Article. The advance payment will be held as a non- interest bearing deposit. Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. C. The Accounting Division is identified by the FAA as the billing office for this Agreement. The Sponsor will send a copy of the executed Agreement and the full advance payment to the Accounting Division shown below. All payments must include the Agreement number, Agreement name, Sponsor name, and project location. The mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMK -323, Reimbursable Project Team P.O. Box 25082 Oklahoma City, OK 73125 Non - Federal Reimbursable Agreement V76 Page 4 of 8 7 August 2014 Agreement Number AJW- ON- WSA -14 -S 120 The overnight mailing address is: FAA Mike Monroney Aeronautical Center Attn: AMK -323, Reimbursable Project Team 6500 S. MacArthur Blvd. Oklahoma City, OK 73169 Telephone: 405- 654 -6147 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Yakima Attn: Robert Peterson 2406 West Washington Ave. Suite B Yakima, WA 98903 Phone: 509 -575- 6260/6149 Email: Robert.peterson @yakimaairterminal.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 modified to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor a modification to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the modification. The Sponsor will send a copy of the executed modification to the Agreement to the FAA -Mike Monroney Aeronautical Center with the additional advance payment. Work identified in the modification cannot start until receipt of the additional advance payment. 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 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. Non - Federal Reimbursable Agreement V76 Page 5 of 8 7 August 2014 Agreement Number AJW -ON -W SA -14 -S 120 ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other party at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and 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). Non - Federal Reimbursable Agreement V76 Page 6 of 8 7 August 2014 Agreement Number AJW- ON- WSA- 14 -S120 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 of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify 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 officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability 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. 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. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs. ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14 -2, Contractor Personnel Suitability Requirements are met. Non - Federal Reimbursable Agreement V76 Page 7 of 8 7 August 2014 Agreement Number AJW- ON- WSA- 14 -S120 ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any modification to this Agreement, the terms of such modification will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any modifications thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. AGREED: FEDERAL AVIATION CITY 0 YAKI A Op ADMINISTRATION 4 SIGNATURE . j � L C.�-- SIGNAT ' . _ NAME Erlinda Williams NAME To O'Rourke TITLE Contracting Officer TITLE City Manager DATE �7 / 4 DATE 8 Vg(s)kkq- CITY CONTRAC r " 9 RESOLUIION N0: Non - Federal Reimbursable Agreement V 76 Page 8 of 8 7 August 2014