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HomeMy Public PortalAboutUntitled Law U.S. Department Northwest Mountain Region 1601 Lind Avenue, S. W. of Transportation Colorado, Idaho, Montana, Renton, Washington 98055-4056 Oregon, Utah, Washington, Federal Aviation Wyoming Administration January 24, 1997 CERTIFIED - RETURN RECEIPT REQUESTED Mr. Gary P. Shimun, City Manager City of McCall 216 E. Park Street McCall, ID 83638 Dear Mr. Shimun: Reference: Reimbursable Agreement No. NMR 635971 for Maintenance of Nondirectional Beacon and Automated Weather Obseravtion System at McCall, Idaho Enclosed is your fully executed copy of reimbursable agreement No. NMR 635971 which is effective January 3, 1997. Please contact me at(206)227-2849 if you have questions. Sincerely, Albert L. Lee Contracting Officer Acquisition Management Branch Enclosure "Expect Excellence" Reimbursable Agreement No. NMR 635971 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION 1601 LIND AVENUE SW RENTON, WASHINGTON 98055 REIMBURSABLE AGREEMENT NO. NMR 635971 between CITY OF McCALL and FEDERAL AVIATION ADMINISTRATION This agreement is made and entered into by the Federal Aviation Administration, hereinafter referred to as the FAA, and the City of McCall, Idaho hereinafter referred to as the City. This agreement, together with all appendices and attachments hereto, identifies the rights and responsibilities of each party to the agreement . W I T N E S S E T H WHEREAS, the City owns and operates a nondirectional beacon (NDB) and an automated weather observation system (AWOS) , both located at McCall, Idaho; and WHEREAS, the City wishes to receive maintenance services for the NDB and the AWOS and is willing to pay FAA for the costs involved; and WHEREAS, the Federal Aviation Reauthorization Act of 1996, P.L. 104-264 , 10/9/96, Section 226 , authorizes the Administrator to enter into and perform such contracts, leases, cooperative agreements, and other transactions necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator may consider appropriate . NOW, THEREFORE, in consideration of the premises, covenants and agreements contained herein, the FAA and the City mutually agree as follows : ARTICLE I - PURPOSE T 1 Reimbursable Agreement No. NMR 635971 The purpose of this agreement is to have the FAA provide services to maintain the NDB and the AWOS located at McCall, Idaho. Maintenance services shall consist of (1) performance checks and maintenance tasks delineated in FAA Order 6740 .2D, "Maintenance of Nondirectional Beacons" and in FAA Order 6560 . 13A, "Maintenance of Automated Weather Observation Systems" , which appear as Attachments 1 and 2 respectively, to this agreement, and (2) non-scheduled maintenance and repairs including, but not limited to troubleshooting of equipment and correction of equipment failure when such services are requested by the City. The City shall be responsible for acquiring or otherwise having available to the FAA service technician, any replacement parts and supplies required at the time maintenance services are performed. In the event the City is not able to provide parts and supplies, the FAA may provide them, and the costs plus administrative overhead, shall be charged to the City. ARTICLE II - SCHEDULE OF CHARGES For and in consideration of this agreement, the City shall reimburse FAA the cost of maintenance labor, mileage for technicians, travel to perform maintenance or repair work, and associated parts and supplies provided by the FAA, plus an administrative overhead. All charge rates set forth below shall apply beginning on the effective date of this agreement and are subject to increase due to various factors including, but not limited to, Government cost-of-living allowances, Government locality pay determinations, inflation, etcetera. In the event of any such increase or other change to the charge rates, the FAA shall provide written notice to the City. Upon agreement of the parties to such changed charge rates, an amendment to this agreement shall be issued reflecting those changed rates . The following charge rates shall be applicable under this agreement : 1. Performance checks and Maintenance Tasks flat rate $4, 000 .00 2 Reimbursable Agreement No. NMR 635971 The FAA shall perform scheduled periodic performance checks and maintenance tasks on the AWOS and the NDB per attached FAA Orders referenced in Article I for the flat rate of $4, 000, which includes the costs of travel and mileage incidental to these performance checks and maintenance tasks are included in this flat rate . 2611 administrative overhead. Any parts and supplies provided by the FAA incidental to these performance checks and maintenance tasks and 201 administrative overhead. Any parts and supplies provided by the FAA shall be charged in addition to this flat rate at cost plus 26% administrative overhead. 2 . Non-Scheduled Maintenance and Repairs Requests for any non-scheduled maintenance and repairs, associated travel, mileage and FAA-provided parts and supplies shall be charged at the rates below: A. Maintenance (labor) $50.00/hour Charges shall be assessed from the time a service technician departs his office and shall end at the time of return to his office . This rate includes 26% administrative overhead. B. Travel time $50 .00/hour Travel time applies to requests for other than scheduled maintenance and may be charged when associated with the FAA having to make separate trips to obtain parts or supplies needed to complete maintenance (including periodic scheduled maintenance) or repairs . This rate includes 26% administrative overhead. C. Mileage $0 .13 - $0 .31/mile Mileage charges shall be assessed from point of origin to the site and return. Mileage shall be charged for all service calls including maintenance, troubleshooting, repair and obtaining parts and supplies at cost plus 26% administrative overhead. Applicable mileage charges shall be contingent upon type of vehicle (i .e . Government vehicle by type or privately-owned vehicle) used by the FAA at time charges are incurred. D. Parts and Supplies Any parts and supplies provided by the FAA for the purpose of maintenance or repair of the AWOS or NDB shall be charged at cost plus 26% administrative overhead. E. Overhead A 26% administrative overhead charge is included in the $4, 000 flat rate, in the $50 . 00 maintenance rate and in the $50 . 00 travel time rate . A 2601 administrative overhead charge shall be added to all mileage, parts and supplies 3 Reimbursable Agreement No. NMR 635971 charges . This overhead represents the cost to the FAA of those indirect expenses which are a part of the cost of overhead agency operations . The overhead rate shall be adjusted automatically and without the necessity for formal amendment of this agreement . Any revisions to overhead rates will normally be made prior to the beginning of a fiscal year by issuance of a revision to Appendix 2 of FAA Order 2500 . 35C. ARTICLE III - TERM OF AGREEMENT A. The initial term of this agreement shall commence on the effective date of this agreement, which shall be the date of the signature of the last concurrence date, and shall extend through September 30, 1997 . B. This agreement will automatically be renewed for a maximum of four (4) additional one-year periods, beginning October 1, 1997 and ending on September 30, 2001, unless either the City or the FAA provides written notice of termination thirty (30) days prior to the expiration of the initial period of this agreement or any renewal thereof . Said notice shall be computed commencing with the day after the date of mailing. All other terms and conditions of this agreement shall remain in full force and effect during any renewal term. C. Either party to this agreement may discontinue participation by giving the other party 30 days notice in writing prior to the effective date of discontinuance . ARTICLE IV - INVOICES AND PAYMENTS Invoices The FAA will bill the City on a quarterly basis for flat rate and non-scheduled maintenance and repair services, mileage, travel time and parts and supplies provided by the FAA during the period billed. The $4, 000 flat rate charge will be spread over the first 3 quarterly invoices at $1, 360 . 00, $1, 320 . 00 and $1, 320 . 00 . Flat rate charges for services beyond September 30, 1997 are projected at four (4) quarterly charges of $1, 000 each (actual charge amounts will be contingent upon rate increases . ) Each invoice will additionally reflect non- scheduled maintenance and repair charges plus administrative overhead, incurred within the period being billed. 4 Reimbursable Agreement No . NMR 635971 The FAA shall submit invoices to: Gary Shimun, City Manager City of McCall P.O. Box 986 McCall, ID 83638 Telephone : (208) 634-7142 Fax: (208) 634-3038 Payments The City shall remit payments to: FAA, AWP-22A NMR635971 P.O. Box 92007, WPC Los Angeles, CA 90009 Telephone : (310) 725-7325 Fax: (310) 536-8521 Late Payments Public Law 92-41, 85 Stat . 97, requires interest be assessed on delinquent debts . Accordingly, a late payment interest charge will be assessed on all subsequent billings whenever payment is not received by the due date . The interest rate is established by the Treasury Fiscal Requirements manual 6- 8000 for each thirty (30) day period or portion thereof tht the payment is not received. In addition to the interest charge on late payments, there will also be a late payment penalty plus an administrative charge added to any payment that is thirty (30) days, or more, past due . This agreement may be terminated for nonpayment if any monies are owed the FAA for more than 90 days . Payments received from the City will be credited to the Reimbursement Appropriation established in accordance with the requirements of the Federal Aviation Reauthorization Act of 1996, P.L. 104-264, 10/9/96 . Any disputes regarding payment amounts or the interest penalties will be resolved in accordance with the FAA Dispute Resolution System. ARTICLE V - LIABILITY A. Hold Harmless The City agrees to defend any suit brought against the United States, the FAA, or any instrumentality or officer of the United States arising 3 5 Reimbursable Agreement No. NMR 635971 out of work under this Agreement. The City further agrees to hold the United States, the FAA, or any other instrumentality or officer of the United States harmless against any claim by the City, or any agent thereof, or third persons for personal injury, death, or property damage arising out of work under this Agreement. B. Damages Except for damage to or destruction of FAA property caused by the FAA or any FAA personnel, the City agrees to reimburse the FAA for any damage to or destruction of FAA property arising out of work under this agreement. ARTICLE VI - OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or to any benefit arising from it . However, this clause does not apply to this agreement to the extent that this agreement is made with a corporation for the corporation' s general benefit . ARTICLE VII - GRATUITIES The right of the City to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the City, its agent, or another representative (1) offered or gave a gratuity to an officer, official, or employee of the FAA; and (2) intended, by the gratuity, to obtain an agreement or favorable treatment under a agreement . The facts supporting this determination may be reviewed by any court having lawful jurisdiction. The rights and remedies of the FAA provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement . ARTICLE VIII - COVENANT AGAINST CONTINGENT FEES The City warrants that no person or agency has been employed or retained to solicit or obtain this agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this agreement without liability or, in its discretion, to t deduct from the agreement price or consideration, or otherwise recover the full amount of the contingent fee . ARTICLE IX - ANTI-KICKBACK PROCEDURES 6 ( ( 3 Reimbursable Agreement No. NMR 635971 The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) , prohibits any person from (1) providing, or attempting to provide, or offering to provide any kickback; (2) soliciting, accepting, or attempting to accept any kickback; or (3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. ARTICLE X - PROTESTS AND DISPUTES All agreement disputes arising under or related to this agreement or protests concerning awards of agreements shall be resolved under this clause, and through the FAA Dispute Resolution System. Judical review, where available, will be in accordance with 49 U.S .C. 46110 and shall apply only to final agency decisions . The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their administrative remedies for resolving their agreement dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest . Information relating to submitting a protest or dispute will be provided by the contracting officer, upon request . ARTICLE XI - AMENDMENTS Any amendment, modification or change to this agreement shall be formalized by an appropriate written amendment . All amendments are to be duly executed by the authorized representatives of all parties to this agreement . ARTICLE XII - CORRESPONDENCE and COMMUNICATIONS The City shall send correspondence to the FAA regarding this agreement to the address below. All written communications must be identified with reference to Agreement No. NMR 635971 : Federal Aviation Administration Acquisition Management Branch 1601 Lind Avenue S .W. , ANM-53R Renton, Washington 98055-4056 Telephone : (206) 227-2056 Fax: (206) 227-1055 7 Reimbursable Agreement No. NMR 635971 The FAA shall send correspondence to the City regarding this agreement to: Gary Shimun, City Manager City of McCall P.O. Box 986 McCall, ID 83638 Telephone: (208) 634-7142 Fax: (208) 634-3038 Technical questions and coordination should be done through: For the FAA: Mark A. Baird, Manager Boise System Support Center 3201 Airport Way, Room 2401 Boise, ID 83705 Telephone : (208) 334-9002 Fax: (208) 334-9008 For the City: Dale E. Points, Airport Manager P.O. Box 1597 McCall, ID 83638 Telephone : (208) 634-7070 Fax: (208) 634-5360 ARTICLE XII - CONCURRENCE The FAA and the City hereby agree to the provisions of this agreement as indicated by the signatures herein below of their duly authorized representatives . This agreement supersedes all previous agreements between the parties on the subject matter set forth. CITY OF McCALL FEDERAL AVIATION ADMINISTRATION By: By: Albert L. Lee Title : Title : Realty Specialist Acquisition Mgmt . Branch Date : Date : JAN -3 1997 8 Reimbursable Agreement No. NMR 635971 CERTIFICATE OF SIGNATURE AUTHORITY I' certify that I am the 0-TMY �'-LP VZK Of M C- '-ALL Who 1S a party to Reimbursable Agreement No. NMR635971 and that GAS RV P kl HTMtAkj who signed the agreement on behalf of was then of said city; that the agreement was duly signed for and on behalf of M �' AI-L by authority of its governing body, and is within the scope of its authority. g Seal s f. WORD REF: REIM1635 .DOC z f: t t• F s- 9 NMR 635971 ATTACHMENT 1 ORDER 67Q.ZD . Reprinted 1/92 - (Include CHGS I and 2 MAINTENANCE OF NONDIRECTIONAL BEACONS(NDB) 9. 4L Z - 7 Z Af,S T R't`Q March 641989 U.S. DEPARTMENT: OF TRAN SPORTATION FEDERAL AVIATION ADMINISTRATIO N . f f Distribution: Selected Airway Facilities Field Initiated By: ASM_156 and Regional Offices;ZAF-6o2 7/13/94 6740.2D CHG 6 CHAPTER 4. PERIODIC MAINTENANCE 100.GENERAL. b.The following are required key performance checks and a.This chapter establishes the maintenance activities re- maintenance tasks and the maximum intervals between suc- quitedfor NDB equipment on a periodic,recurringbasis and facility accomplishments to insure that the performance of the the schedules for theiraccomplishment.The c �' reliable and within designated technical tolerances. hapteris divided The regions may shorten the time intervals specified,but may into two sections.The first section identifies the performance not lengthen checks C••e•, tests,measurements,and observations)of nor- Of locations.A copy of Bch regionally t on a t oasts at a limited numbermal controls and functions,which are n authorized increase in determine whether ey the established time intervals, complete with justification, operation is within established toletan- .shall be forwarded to Operational Support. ces/hmtis. The second section is reserved. Refer to the latest ' edition of Order 6000.15 for additional general guidance, 101.409.RESERVED. Section I.PERFORMANCE CHECKS Performance Checkr Re erertce Para r h Stondards& Maintenance Tolerances Procedures 110.BIWEEKLY,(Tube-Type Without Local Monitor) a.Check antenna current . . . . 52 141 L Alternate equipment at dual-equipment . facilities N/A 144 c-Check voice/idendAcation quality . , , , , , , , . . N/A 148 111.MONTHLY.(Tube-Type With Local Monitor) a.Check antenna current 52 141 b.Alternate equipment at dual-equipment . facilities N/A 144 i a Check volce/ldentiticatlon quality N/A 148 • 11L SEMIANNUALLY. a.Check antenna current • (solid-stare only) S2 141 b.Check voice/ldendflcadon quality . , , , , , , _ . . . N/A 148 c.Check modulation 53 142 d.Check 4 monitor alarm points . . . . . . . . . . SS 143 e.Check auto shutdown 56 18 f.Check automatic reset . . . . . . . . . . . . . . . . . . . . . . . • . . . N/A t 149 Chap.4 Par. 100 Page 13 6740.2D CHG 3 9/29/92 Performance Checks INC eKnce am Standards and Maintenance Tolerances Procedures 113. ANNUALLY. a. Measure frequencies ......................................... 54 147 b. Measure and record the leakage resistance of the transmission lines .. S7 146 114,119. RESERVED. Section 2. OTHER MAINTENANCE TASKS Re urnce Pam h Maintenance Tasks Stmrdards and Maintenance Tokrmues Procedures 120. ANNUALLY. (Polestar Model PA-35D LF/MF Antenna System) ...... N/A� 160 : a. Inspect and clean antenna. b. Inspect for loose cable connections. + c. As Required. Verify that the vswr is within required limits ......... after a period of severe weather involving lightning strikes in the 172 area of NDB. 121:129. RESERVED. age 14 Chap. 4 Par. 113 . ORDER NMR 635971 ATTACHMENT 2 6560.13A Reprinted 4/87 (Incls Chgs 1 thru 4) MAINTENAN OF AVIATION METEOROLOGICAL SYSTEMS AND MIS CELLANEOUS AIDS � O Z O O�,N/STRp`�` 1 OCTOBER 20, 1980 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION s Distribution: SELECTED AIRWAY FACILITIES FIELD Initiated By: AAC-1010 OFFICES: A—X(AF)-3; ZAF-600; ZAC-328 4W/90 A60.13A CM" appendix 4 z CHAPTER 4. PERIODIC MAINTENANCE 90. GENERAL. Monthly tasks are primarily a cleaning and simple inspection for damage.No certifications are to be done for a monthly a. Purpose. This chapter establishes the maintenance only activity.A monthly check i s also done just before any activities that are required for the automated weather observ- quarterly or annual maintenance tasks. y ing system(AWOS)manufactured by Qualimetrics,Inc.,on a periodic, recurring basis, and the schedules for their ac- complishment.The chapter is divided into two sections.The (2) Quarterly: Quarterly maintenance activities are first section identifies the done every three months plus or minus 10 days inclusive.Ac- performance checks (i.e., tests, tivities include more detailed house cleaning and several sen- measurements,and observations) of normal operating con- sor certifications.trols and functions,which are neces sary to determine whether operation is within established tolerances/limits.The second section identifies other tasks that are necessary to prevent (3) Annual: Annual maintenance activities are done j deterioration and/or ensure reliable operation.Refer to Order once a yearplus or minus 60 days inclusive:Aptivities include 6000.15A for additional general guidance. certification of all sensors, replacement* of various sensors and filters and full diagnostic checks. b. Interval. C. Maintenance Procedures References. Paragraph (1) Monthly. Monthly maintenance activities are references are to paragraphs within this appendix or to the done every calendar month plus or minus 5 days inclusive. Hance M::.:::�1 Document, 223-027; for eC- ar' - '56 or AWOS par 7.7.2(1), (2),respectively. Section 1. PERFORMANCE CHECKS Standard Pt ormance Checks do �yauuaiarre ._ Tolerance Procedures 91. WLNDSPEED. a. Monthly. Visually check skyvane operation . . . . . . . . . . . . . . . NA AWOS par S3S� * b. Annually (1) Check calibration of wind speed senior . . . . . . . . . . . . . . . 61 AWOS pars 7.72(1).(2) (2) Check and lubricate bearing . . . , . . . . . xa AWOS pars 92. WLND DMEC110N. 7.72(3),(4),(S) a. Monthly. Visually check skyvane operation . . . . . . • • • • • NA AWOS par 53.5 b. Annually. (1) Check calibration and adjustment against } a bench-mark target 62 AWOS pan 7.7.1 (1),(2). (2) Check bearing (3),(4) 62 AWOS par 7.7.1(5) Chap.4 Par.90 Psge 11 S560.13A CHG 9 Appendix 4 4=790 Pe ormance Checks Standard 6c Maintenance Tolerance Procedrves 93. AMBIENT TEMPERATURE. * a. Quarterly. Check calibration of tan using an Assmann psychrometer.temperature sensor. . . . . . . . . . . 63 AWOS pars 653.1. b. Reserved. 6.532 • 94. DEWPOL%T. * a- Quarterly. Check calibratim using an Assmann Psychrometer . . . . 64 AWOS Pan 653.1. b. Withdrawn—CHG 9 6332 + 95. BAROMETRIC PRESSURE SET'TI1VG• a. Withdrawn—CHG 9 r * b. Annually. Check calibration . . . . . . . . . . . . . . . . . . . . . . . 65 AWOS pars 7.7.10, ; 96. CLOUD HEIGHT. and 7.9.1 + WIT a. Quarter! =-� y Check operation of humidity sensor,blower,and window dirt sensor. 66 AWOS par 65.7. b. Annual! (a)•(b)'(c) y Check calibration . . . . 66 156;AWOS 97. VISIBILITY. pars 7.7.9(2),(3).(4) a. Quarterly Check sensor using the visibility calibrator. 67 AWOS par 65.4.1 b. Reserved. * 98. RAINFALL MEASURING. Yearly,check operation of the rain . sensor and level gage. 68 AWOS pars 7.7.8(2),(3). 99. DAY/NIGHT SENSOR. Yearly,check calibration of the • (4),(S) ambient light photocell. 69 AWOS 100. DATA COLLECTION PLATFORM. pars 7 7.7(1).(2) a. Quarterly. Check general overall calibration. 70 AWOS par 6.43 * b. Annually. Check calibration 70 10I. CENTRAL DATA PLATFORM. AWOS par 7.6 • a. Monthly. Check for voice . . 71 a AWOS par 5.4.1 Page 12 Chap.4 Par.93 41111 6560.1 ` Appena Pe ormance Citeckr Standard do MaintAmice Toleronce PrnctdttreJ E b. Quarterly. Check for voice data € output. 71b AWOS par 6.6 C. Withdrawn—CHG 9 102. OPERATOR TERNMIAL I- Monthly,inspect sweat and printer for proper . . operation. 72 AWOS par 5.42 b. Annually.Check voice accuracy. . . . . . . . . . . . . . . . . . . . . . 71c AWOS par 792•103. TOWER OBSTRUCTION LIGHTS . , , , , , • , • • • • . Monthly.check and,if required replace 73 obstruction liShts. AWOS par53.6 104. MOTOR-ASPIRATED RADIATION SHIELD Annually,check operation and fault detector, ' ' ' ' ' ' ' ' • • 74 AWOS par 7,73 105. TEST EQUIPMENT CALIBRATION , , , , , , Check test calibration dates. Order 6200.41) AWOS pas 9.1. 106. SYSTEM SELF-CHECK 9.2.93 z Annually,check senior failure detection. ' NA 164 F 107. VHF RADIO CHECK g • Annually, check tran-m.:ter operation. . . . . . . . . . . . 75 AR'OS per 79.4 108. UHF R.. AD10 CHECI•:Annuall � z y,check transmitters for proper operation 76 AWOS pars 7.83. t 109. SYSTEM CLOCK CHECK(RRM) . 793 f Monthly,check system clock for accuracy. ' ' ' ' ' ' ' ' ' 71d 165 I10.-122. RESERVED. . s Chap.4 Par. 101 Pape 13(and 14)