HomeMy WebLinkAboutContract 34255CITY SECRETARY
CONTRACT Np , �._, -
ORIGINAL
TEXAS DEPARTMENT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM
(State Assisted Airport Routine Maintenance)
TxDOT Project No.: AM 2007SPNKS
TxDOT CSJ No.: M702SPNKS
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 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, which ever is less, per fiscal year and subject to availability
of state appropriations.
The Sponsor may request the State to provide mowing services, services to be provided at
the discretion of the State. However, mowing services will not be eligible for state
financial assistance. Sponsor will be responsible for 100% of costs of any mowing
services.
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AVN430).DOC (92007)
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.
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, 2007, 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 C).
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
f. it shall not permit non -aeronautical use of airport facilities without prior approval
of the State; and
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AVN4301.DOC (9/2007)l
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 a 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 any other
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 approval of a 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
avigation 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.
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
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AVN4301.DOC (9)2007)
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 City and/or County. 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.
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AVN4301.DOC (92007)
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.
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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AVN4301.DOC (92007)
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 2 % day of �C
Witness Signature
Witness Title/r
,20.06.
City of Fort Worth, Texas
ponsor
Sponsor Signatu e
Marc A. Ott
Assistant City Marmer
Sponsor Title
Certificate of Attorney
I, I I a 1Q.S acting as attorney for !GQ�- �c. t``I
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 at Texas, this c��b. �' day of (0&,0%=tA , 20 .
kness Signat e Attorn y's Signature
e
Attested By~
ltness Title (J
V11 -fl-
AA
Marty He rix
City Secretary
D,
Cop. t act Authorisation
Date
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AVN4301.DOC (9/2007)
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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: i o / 3 "�o
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AVN4301.DOC (9/2007)
Eligible Scope Items:
PAVEMENTS
GENERAL MAINTENANCE
PAVEMENT MARKINGS
GRADING/DRAINAGE
MISCELLANEOUS - NADIN
MISCELLANEOUS
Attachment A
Scope of Services
TxDOT CSJ No.:M702SPNKS
Estimated Costs State Share
Amount A Amount B
$0.00
$32,500.00
$12,800.00
$0.00
$2,340.00
$52,360.00
$0.00
$16,250.00
$6,400.00
$0.00
$1,170.00
$26,180.00
Sponsor Share
Amount C
$0.00
$16,250.00
$6,400.00
$0.00
$1,170.00
$26,180.00
Total $100,000.00 $50,000.00 $50,000.00
Accepted by: City of FoJW Texas
Marc A. dlt
Title: Assistant Citv ManaW
Date: 16---A I7 , 66
Notes: (explanations of any specifications or variances as needed for above scope items)
MISCELLANEOUS — Sponsor to contract for NADIN interface, AWOS repairs/parts
replacement. Sponsor to contract for removal of portable metal vault buildinLy for old traffic
control tower, construction of electric Gate and fencing for new control tower, relocate northeast
entrance gate and associated fencing, installation of signage, landscaping and irrigation systems
for East and West airport entrances. Sponsor to contract for herbicide purchase/application
PAVEMENTS - Sponsor to contract for repair/crack seal taxiway alpha, and slurry seal FBO
parkine lot
PAVEMENT MARKINGS - Sponsor to contract for aircraft Darking apron striping, taxiway
Alpha striping, auto parking around old and new FBO.
Only work items as described in Attachment A, Scope of Services of this Grant are
reimbursable under this grant.
Page 10 of 12
AVN4301.DOC (9/2007)
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CERTIFICATION OF AIRPORT FUND
TxDOT CSJ No.: M702SPNKS
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.
City of Fort Worth, Texas
(Sponsor)
By:
Marc A. Ott
Title: Assistant City Manager
Date: / 6 - % —6 b
Page 11 of 12
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DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT CSJ No.: M702SPNKS
The City of Fort Worth designates, Mike Feeley, Airport Systems 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.
Title:
Date:
DESIGNATION REPRESENTATIVE
Mailing Address:
4201 North Main Street Suite 200
Fort Worth, Texas 76106
Overnight Mailine Address:
4201 North Main Street Suite 200
Fort Worth, Texas 76106
Telephone/Fax Number:
Telephone: 817-871-5403
Fax: 817-871-5413
Email Address:
Michael. Feelevaa,fortworthgov. org
Page 12 of 12
AVN4301.DOC (9/2007)
City of Fort Worth, Iexas
onso t-,"K
6fD
Marc A. Ott
Assistant City Manager
jG,gf?-66
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2006 - Ordinance No. 17179-09-2006 & 17180-09-2006
DATE: Tuesday, September 26, 2006
LOG NAME: 55SPINKS RAMP REFERENCE NO.: **G-15412
SUBJECT:
Authorize the Acceptance of a Routine Airport Maintenance Project (RAMP) Grant for Fort Worth
Spinks Airport and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Accept a $100,000.00 Routine Airport Maintenance Project (RAMP) Grant for Fort Worth Spinks
Airport from the Texas Department of Transportation (TxDOT) Aviation Department;
2. Authorize the use of existing revenue derived from natural gas well leases on city -owned airport
properties for funding of the City's match in the amount of $50,000.00;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$50,000.00 in the Aviation Improvements Capital Projects Fund, and
4. Authorize the transfer of $50,000.00 from the Aviation Improvements Capital Projects Fund
(Unspecified) to the Airport Grants Fund for the City's match; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$100,000.00 in the Airport Grants Fund, contingent upon the receipt of the grant from TxDOT.
DISCUSSION:
The City of Fort Worth has received a grant offer from the Texas Department of Transportation (TxDOT) to
provide needed routine maintenance items at Fort Worth Spinks Airport with a total eligibility amount of
$100,000.00. The City's share of the grant match funds will be fifty percent of the eligible project costs, or
$50,000.00, whichever is less. Funding for the City's match will be underwritten by revenues derived from
natural gas well leases located on airport property.The proposed project at Fort Worth Spinks Airport will
consist of airport maintenance and other incidental items as approved by the State.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant and
adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as
appropriated, of the Airport Grants Fund.
TO Fund/AccounVCenters
GC24 446100 055240439020 $50,000.00
GC24 538070 055240439020 $50,000.00
FROM Fund/AccounVCenters
GC24 538070 055240439020 $50,000.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1 / 16/2007
Page 2 of 2
GR14 472024 055302133000 $50.000.00
GR14 472024 055302133000 $50.000.00
GR14 451942 055302133000 $50,000.00
GR14 539120 055302133010 $100,000.00
Submitted for Citv Manager's Office by:
Oriainatina Department Head:
Additional Information Contact:
Marc Ott (8476)
Mike Feeley (5403)
Mike Feeley (5403)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/16/2007