HomeMy WebLinkAboutContract 50232 0�p 11 12 q� CITY SECRETARY
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TEXAS DEPARTMENT OF TRANSPORTATION
S��B�ppY 6, GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
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TxDOT Project ID.: M1802SPNK
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 the 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-FORT WORTH SPINKS
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.
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CITY SECRETARY
FT.WORTH,TX
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 31,2018,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 B)as stated in Paragraph II-1.
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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.
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
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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
i. an Airport Fund shall be established by resolution,order or ordinance in the treasury
of the Sponsor,or evidence of the prior creation of an existing airport fund or properly
executed copy of the resolution,order,or ordinance creating such a fund,shall be
submitted to the State. 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.All fees,charges,rents,and money from any source derived from
airport operations must be deposited in the Airport Fund and shall not be diverted to
the general revenue fund or another revenue fund of the Sponsor.All expenditures
from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible
for a subsequent grant or loan by the State unless,prior to such subsequent grant or
loan,Sponsor has complied with the requirements of this subparagraph;and
j. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise;and
k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or in
the immediate vicinity of the airport to heights and activities compatible with normal
airport operations as provided in Tex.Loc. Govt.Code Ann. Sections 241.001 et
seq.(Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace,unless
sponsor can show that acquisition and retention of such interest will be impractical or
will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent
grant or loan by the State unless Sponsor has,prior to subsequent approval of a grant
or loan,adopted and passed an airport hazard zoning ordinance or order approved by
the State.
1. mowing services will not be eligible for state financial assistance. Sponsor will be
responsible for 100%of any mowing services.
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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 employees performed under this agreement.The Sponsor,
to the extent of its legal authority to do so,shall also save harmless the State,the State's
agents,employees or contractors from any and all expenses, including attorney fees which
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 activities by the Sponsor,the Sponsor's agents
or employees.
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 Grant shall comprise a contract,
constituting the obligations and rights of the State of Texas and the Sponsor with respect to the
accomplishment of the project and the operation and maintenance of the airport.
If it becomes unreasonable or impractical to complete the project,the State may void this
agreement and release the Sponsor from any further obligation of project costs.
4. Upon entering into this Grant,Sponsor agrees to name an individual,as the Sponsor's
Authorized Representative,who shall be the State's 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 of
the Sponsor,and coordinate schedule for work items as required.
5. By the acceptance of grant funds for the maintenance of eligible airport buildings,the Sponsor
certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the
lease agreement specifies that the lessee is responsible for the upkeep and repairs of the
building no state funds shall be used for that purpose.
6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State.
All reimbursement requests are required to include a copy of the invoices for the materials or
services.The reimbursement request will be submitted no more than once a month.
7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement,as provided
by the Transportation 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 as provided. Such Grant
Agreement shall become effective upon the State's written Notice to Proceed issued following
execution of this agreement.
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Part IV-Nomination of the Agent
1. 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 State shall, for all purposes in connection with the project identified above,be the Agent
of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to
perform the following services:
a. accept,receive,and deposit with the State any and all project funds granted,allowed,
and paid or made available 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 a contract as Agent: exercise supervision and direction of the
project work as the State reasonably finds appropriate. Where there is an
irreconcilable conflict or difference of opinion,judgment,order or direction between
the State and the Sponsor or any service provider,the State shall issue a written
order which shall prevail and be controlling;
d. receive,review, approve and pay invoices and payment requests for services and
materials supplied in accordance with the State approved contracts;
e. obtain an audit as may be required by state regulations; the State Auditor may
conduct an audit or investigation of any entity receiving funds from TxDOT directly
under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract
under this contract acts as acceptance of the authority of the State Auditor, under the
direction of the legislative audit committee,to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation
must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
f. reimburse sponsor for approved contract maintenance costs no more than once a
month.
Part V-Recitals
1. This Grant is executed for the sole benefit of the contracting parties and is not intended or
executed for the direct or incidental benefit of any third party.
2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance,
and that any state financial assistance offered under this grant be in addition to those local
funds normally dedicated for airport maintenance.
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3. This Grant is subject to the applicable provisions of the Transportation Code,Chapters 21
and 22,and the Airport Zoning Act,Tex.Loc.Govt. Code Ann. Sections 241.001 et seq.
(Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules
and statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a.
Of primary importance to the State is compliance with the terms and conditions of this
Grant. If,however,after all reasonable attempts to require compliance have failed,
the State finds that the Sponsor is unwilling and/or unable to comply with any of the
terms of this Grant,the State,may pursue any of the following remedies:(1)require a
refund of any financial assistance money expended pursuant to this Grant, (2)deny
Sponsor's future requests for aid,(3)request the Attorney General to bring suit
seeking reimbursement of any financial assistance money expended on the project
pursuant to this Grant,provided however,these 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.
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Part VI-Acceptances
Sponsor
The City of Fort Worth,Texas, does ratify and adopt all statements,representations,
warranties,covenants,agreements,and all terms and conditions of this Grant.
Executed this, day of �oVem b(
,20jj .
The City of Fort Worth,Texas
Sponsor
A AU-i i L
Witness Signature Sponsor Signature
kSS1fstnr%r Assistant City Manager
Witness Title Sponsor Title
Certificate of Attorney
I Paige Mebane , acting as attorney for the City of Fort Worth,
Texas,do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating
to the acceptance of the Grant,and find that the manner of acceptance and execution of the Grant by
the Sponsor, is in accordance with the laws of the State of Texas.
Dated atq j lig�(\ ,Texas,this _day of 20
all-
Wi s Signator Attorney's gnature
Witness Title
0 P a'�A
A by:
Mary J. Kay Vi- �Sedretary
11
11/13/2017 `' PFFTIVORTHI
RECORD
ETARY
TX
Acceptance of the 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 OF TRANSPORTATION
By
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: 11/21/2017
11/13/2017 Page 9 of 12
Attachment A
Scope of Services
TxDOT Project ID: M1802SPNK
Eligible Scope Item Estimated Costs State Share Sponsor Share
Amount A Amount B Amount C
GENERAL MAINTENANCE $100,000.00 $50,000.00 $50,000.00
TOTAL $100,000.00 $50,000.00 $50,000.00
Accepted By: The City of Fort Worth,Texas
Signature
Title: Assistant City Manager
Date:
GENERAL MAINTENANCE: As needed, Sponsor my contract for services/purchase materials for
routine maintenance/improvement of airport pavements,signage, drainage,AWOS systems, approach
aids, lighting systems,utility infrastructure,fencing, herbicide/application, sponsor owned and operated
fuel systems,hangars,terminal buildings and security systems; professional services for environmental
compliance,approved project design. Special projects to be determined and added by amendment.
Only work items as described in Attachment A,Scope of Services of this Grant are
reimbursable under this grant.
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CERTIFICATION OF AIRPORT FUND
TxDOT Project ID: M1802SPNK
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)
/
By:
Title: Assistant City Manager
Date: // ,Z////7
Certification of State Single Audit Requirements
1, Fernando Costa do certify that the City of Fort Worth,Texas,
(Designated Representative)
will comply with all requirements of the State of Texas Single Audit Act if the City of Fort Worth,
Texas,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, Texas, 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
ZA7T
ED AS TO FORM AND LEGAU7Y Assistant City Manager
cTitle
0
Date
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DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT Project ID: M1802SPNK
The City of Fort Worth,Texas,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.
Contract Manager
By signing I acknowledge that I am the person
The City of Fort Worth,Texas responsible for monitoring and administration
(Sponsor) of this contract including ensuring all
�� perfo ance and reporting requirements.
By:
Title: Assistant City Manager S annon Davis
Administrative Assistan
Date:
DESIGNATED REPRESENTATIVE
Mailing Address: 201 American Concourse,Suite 330,Fort Worth,Texas 76106
Overnight Mailing Address: 201 American Concourse,Suite 330,Fort Worth,Texas 76106
Telephone Number: 817-392-5400
Fax Number: 817-392-5413
Email Address: Bill Welsteadofortworthtexas gov
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