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HomeMy WebLinkAboutContract 47126 l y d N hw. dGll w rwmwwwmw,ww w N New w ww www„w, wqw n nN! TEXAS DEPARTMENT OF TRANSPORTATION 1 GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT CSJ o.: M1602MECH Part I-Identification of the Project TO: The City of Fort Worth,Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Fort Worth, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code Chapter 21. The project is for airport maintenance at the Fort Worth Meacham International Airport. Part II- Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, whichever is less, per fiscal year and subject to availability of state appropriations. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. p, � oa .,> 0910112015 Page 1 of 12 P� CITY y fir»,U,,.�xIiliU i,�it,�I ,°�" I' , 6 F I l Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2016, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount Q. 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount ) as stated in Paragraph II-1. 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. 0910112015 Page 2 of 12 The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III- Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and C. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and 09/01/2015 Page 3 of 12 i. an Airport Fund obu | be cobabUsbcd by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing uirnnd fund oruproperly executed copy ofthe resolution, order, or ordinance creating such otbnd, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such o manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as uvvbo|c. All h:co, charges, rcoto` and money from any source derived from airport operations must bcdeposited in the Airport Fund and shall not be diverted tothe general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund oboil be solely for airport purposes. Sponsor ahuD be ineligible for o subsequent grant or loan by the State unless, prior to such subsequent approval of grant or loan, Sponsor has complied with the requirements of this aohnoro0rapb-, and j. the Sponsor shall operate runway lighting at |cuat at low intensity from sunset to sunrise; and k. insofar as it is rouaunublc and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height ofstructures and use of land adjacent to or in the inonocdia1m vicinity of the airport to bci0btn and aodvidco compatible with 000mu\ airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seg. (Vernon and Vernon Supp]. Sponsor shall also acquire and retain aviation cumcoocota or other property interests in or rights to use of |oud or airspace, unless sponsor can show that acquisition and rctcodoo of such interest will be iooprooduu1 or will result in undue hardship to Sponsor. Sponsor shall be ineligible for subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of grant or loan, adopted and puaacd an airport hazard zoning ordinance or order approved by the State. 1. ruovviog services will not be eligible for state financial assistance. Sponsor will be responsible for 100Y6 of any mowing services. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or cnop}oycca performed under this ogrccoocn1. The Sponsor,to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, cnupluycca or contractors from any and all expenses, including attorney teca vvbioh might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those uodvidcm by the Sponsor,the Sponsor's agents oremployees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The C}/out shall onrnpriac u contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the uocmzup|iabooent of the project and the operation and ruuintcnunoc of the airport. 09/01/2015 Page 4ofl2 lfd becomes unreasonable m impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project uosta. 4. Upon entering into this Grant, Sponsor agrees 10 name an individual, as the Sponsor's Authorized Representative, who nbu/1 be the 81u1e'n contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf ofthe Sponsor, and coordinate mobcdu|e for work iionun as required. 5. By the uoocp1ouoc of grant funds for the couin1euuuoc of eligible airport buildings, the Sponsor ocdifiey that the buildings are ovvucd by the Sponsor. The buildings may be lcuood but if the 1cayo agreement specifies that the 1cyncc is responsible for the upkeep and repairs of the building uo state funds shall ho used for that purpose. d. Sponsor nbu1| rcgocnl rcinuburnccocu1 of eligible project costs on forms provided by the 81u1c. All rcinnbuoccocn1 roguoe1n are required to include uuopy of the invoices for the nuu1cduls or services. The rcirohumcnncn1 request will be submitted no more than ouuc u ouoo1b. 7. The Sponsor's uuucptuucc of this /\grccozcot ubu11 uncoprimo u (}run1 /\8ruurucuL as provided bythe 7ruumporto1inu Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions un provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. PAR]rXV-NonuivatinonftboAgout |. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The S1u1c sbu!}, for all purposes in connection with the project identified above, be the Agent nf the Sponsor. The Sponsor grants the State u power of attorney to act os its agent to perform the following services: u. accept, receive, and deposit with the State any and all project tbudn granted, u||nvvcd, and paid or nnudc uvuUab1c by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; C. if State enters into u contract as Agent: exercise supervision and direction of the 09/01/2015 Page 5o[l% project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, 'ud8oucoL order or direction between the State and the Sponsor orany service provider, the State shall issue u written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied io accordance with the State approved contracts; o. uh1uio an audit as may be required by atu10 regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from Txl)QT directly under this contract or indirectly through u subcontract under this contract. Acceptance of funds directly under this contract or indirectly through u subcontract under this contract uo1a as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit ur investigation io connection with those funds. /\u entity that im the subject u[uo audit or investigation must provide the m1u10 auditor with uccumm to any information the state auditor considers relevant to the iovomdgu1iuo or audit. [ reimburse sponsor for approved contract maintenance costs uu more than once u month. PART V-Recitals l. This Grant io executed for the sole bsnsfitof the contracting parties and is not intended or executed for the direct o/ incidental benefit of any third party. 2. It is the intent of this grant to not supplant local funds ournnui|y utilized for airport ouuiotouuuco` and that any state financial umaiatuocu offered under this grant hu in addition to those local funds uunnu||y dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 2| and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 otaoq. (Vernon and Vernon 8upp.\. Failure to comply with the 10000 of this [}ruut or with the rules and mLu1otom abu\| be considered uhreucb of this contract and will allow the State to pursue the remedies for breach as stated below. u. Of primary importance to the State is compliance with the terms and conditions of this Grant. /[ however, after all rcuauouh|o attempts to require compliance have failed, the State finds that the Sponsor is uovvi|\iog and/or uuub|o to comply with any of the 1oouy of this Grant, the Btuic, may pursue any of the tbliovviu8 nzoocdioo: /l\ require u refund of any fiouuciu| ummimtuucc nnouoy expended pursuant to this Grant, /2\ deny Syuumur'o future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any fiuuuciu| umoimtuuco nuuocy expended on the project pursuant to this [}runt, provided buvvovor, tboyc 09/01/2015 Page 6"fl2 remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 09/01/2015 Page 7 of 12 Part VI Acceptances Sponsor The City of Fort Worth, Texas, does ratify and adq)t all statements, representations, warilanties, covenants,, agreements, and All terms and conditions ofthis Grant,, Executed this day,of . . ............... 5 20 ..... .... ... ..... Sponsor WLO .......... itness Signature Sponsor Signature Witness Title St oilsor Title Certificate of Attorney Fangs Mebane acti rig as attorney four the City ofTort Worth, Texas, do ................................................................. ceilify that I have fully examined the Grant and the proceedifirgS tallecen by the Sponsor relating to the acceptwice of the (3'rant, and find that. the manner ofacceptance and execution of the Grant any the Sponsor, is in accordance with the laws of the State of Texans. Dated at Fort Worth Texas, this day of 41 20....t ..a .............. r Witness Signalure Att,rney's Signature, ........... i tness yfw�' -— —­ 0 'Tit.le A by: Mary V Secmt").. TE r 4 r M j Date ................... OITICIAL REC1,110141) 09/04/2015 Page 8 oN 2 C171'Y" StiECRETARY F1111"., Acceptance oft e State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OFT NSPOTATION By David S. Fulton, Director Aviation Division Texas Department of Transportation Date: 61 F F` �ii, III 1��'C�f,A L, R ,,,C 0 R GiTY SECREIN',IXY WORTH, 09/01/2015 Pagc 9 of 12 Attachment A Scope of Services TxDOT CSJ No.:111602MECH ........... Eligible Scope Item Estimated Costs State Share Sponsor Share Amount A Amount B Amount C GENERAL MAYNTENANCE, $100,000.00 $50,()()0.00 $50,0()().,()() Special PMject $0.00 $0.,001 $0.00 Special Project $0.00 $0.00 $0.00 .............................. ...... ...... Special Project $0.00 $0.00 $0.00 Special .Project $0.00 $0.00 $0.00 .............. Special Pxxkject $0.00 $0t 00 $0.00 ...W......__.... TOTAL swo,000x)o $50,000.00 $50,0010.00 Accepted by: The (11y.gf'F�Lq tjj'exas ........... .......... SIX Signature 'fijj(,w Assistarit U Marta arm. ..................... Date: GF.2',,-NER.AL, NJA INS ENANU: As needed,_.�'p _Riq�. .....��q fbr seryice���- .............._.......... ...........­................. ..... Materials for rouflne maii.itei)ance/iiii.litqy,.eniI ilif of jg1agi ra AWOS d -licat on 4i a, I ightin s f� y ud i y inly ..g _yF astructqre. r rani p i ............. saQw.ipf. owned and opm _h��L.5 ........... pLof gssionj services eDvii��)iujiejj.tal.. ()Uitio� q �pji e !,a iq be_determine_d and added Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. 01"FICIAL RECORD 09/W/)W5 Page d 0 of'd 2 CITY SEGREEETARY FT.' WORTH TX CERTIFICATION F AIRPORT FUND TxDOT CSJ No.: M1602MECH The City of Fort Worth does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Fort Worth,Texas (Sponsor) 7-1 By: Title: Assistant City Manager Certification of State Single Audit Requirements I, Fernando Costa , do certify that the City of Fort Worth will comply with all (Designated Representative) requirements of the State of Texas Single Audit Act if the City of Fort Worth spends or receives more than the threshold amount in any grant funding sources during the most recently audited fiscal year. And in following those requirements, the City of Fort Worth will submit the report to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold in grant receivables or expenditures, please submit a letter indicating that your entity is not required to have a State Single Audit performed for the most recent audited fiscal year. Signature Assistant City Manager Title / /A Date C a,nkllffl, 09/01/2015 Page 11 of 12 %e 1i T ! !`,iiE'Ji i"9', i Yal 0//'M i r DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M1602MECII The City of Fort Worth designates, William Welstead, Aviation Director (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. The City f Fort Worth Texas —LIS.Ponsor) Title: Assistant City Manager DESIGNATED REPRESENTATIVE Mailing Address: 3951 Lincoln Avenue Fort Worth, Texas 76106 Overnight Mailing Address: Same as above Telephone/Fax Number: P: 817-392-5400 / F: 817 392-5413 Email address: billwelsteacl@fortworthtexas�.gov, shannon.d�avis@fortworthtexas.gov It' W�[) C A L E:C 09/01/2015 Page 12 of 12 1,11Y 0 RT H M&C Review Page I of 2 Offidal siLe cq I:Ihe:d.:11.y¢rl 6'cmL"w"u`cmUh °re:xpb,s COUNCIL ACTION: Approved on 8/18/2015 -Ordinance No. 21830-08-2015 &21831-08-2015 DATE: 8/18/2015 REFERENCE NO.: **G-18534 LOG NAME: 55FTWRAMP2016 CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of a Routine Airport Maintenance Project Grant for Fort Worth Meacham International Airport from the Texas Department of Transportation, Aviation Division, if Offered, in the Amount of$50,000.00, Authorize Use of Gas Lease Revenue in the Amount of$50,000.00 for the City's Grant Match and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a Routine Airport Maintenance Project Grant, if offered, for Fort Worth Meacham International Airport from the Texas Department of Transportation, Aviation Division, in the amount of$50,000.00; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of$50,000.00; 3. Authorize the transfer in the amount of$50,000.00 from the Airports Gas Lease Project Fund to the Airport Grants Fund for the City's match; and 4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Airport Grants Fund in the amount of$100,000.00, contingent upon the receipt of the grant from the Texas Department of Transportation, Aviation Division. DISCUSSION: Each year, the City of Fort Worth receives a grant offer from the Texas Department of Transportation (TxDOT) to provide needed routine maintenance items or to fund small capital improvement projects at Fort Worth Meacham International Airport (Meacham Airport)with a total eligible project cost in the amount of$100,000.00. This grant requires a 50 percent match of eligible project costs in the amount up to $50,000.00, whichever is less. In accordance with the Financial Management Policy Statements, the Aviation Department will utilize gas lease revenue to provide matching grant funds to leverage funds for capital projects. The match in the amount of$50,000.00 from gas lease revenues will fund capital projects included in this grant. Allowable expenses under the Routine Airport Maintenance Project (RAMP) Grant include, but are not limited to, pavement crack sealing, pavement markings, drainage replacement or maintenance, replacement bulbs/lamps for airside lighting fixtures and security fencing. Engineering and design expenses are allowed for small capital projects that include, but are not limited to, public parking areas, hangar access roads and extension of runway lighting systems. TxDOT does not permit reimbursement of indirect costs in this grant. AVIATION ADVISORY BOARD: The Aviation Advisory Board voted unanimously to recommend approval of this action on July 14, 2015. Meacham Airport is located in COUNCIL DISTRICT 2, Mapsco 48N, 48P, 48S and 48T. http://apps.cfwnet.org/council_packet/mc review.asp?ID=21297&councildate=8/18/2015 10/16/2015 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that revenues in the amount of$4,165,577.25 exist in the Aviation Gas Lease Capital Project Fund to be appropriated and upon adoption of the attached appropriation ordinance in amount of$50,000.00 the available balance to appropriated will be $4,115,577.25. TO Fund/Account/Centers FROM Fund/Account/Centers 2) P240 446200 551929990100 $50,000.00 3) P240 538040 551929990100 $50,000.00 2) P240 538040 551929990100 $50,000.00 4) $50,000.00 GR14 451942 055XXXXXX000 3) $50,000.00 GR14 476240 055XXXXXX000 4) $100,000.00 GR14 539120 055XXXXXX010 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Welstead (5402) Additional Information Contact: Anne-Marie Stowe (5415) ATTACHMENTS 55FTWAMP2016 GR14 AO.docx 55FTW AMP2016 P240 AO15.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=21297&councildate=8/18/2015 10/16/2015